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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

I  AFSNfSSAN 

2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPERANCE 

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HEARING  DATE 

CASE NUMBER 

24 Nov 2003 
APPLICANT'S ISSUE A m  THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00373 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 

I  TO: 

SAFhlRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00373 

GENERAL:  The applicant appeals for upgrade  of discharge to honorable,  change the reason and authority 
for the discharge, and change their reenlistment code. 

The applicant was offered a personal  appearance before the Discharge Review Board  (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  Discharge,  change  of  reason  for  discharge  and  change  of  reenlistment  code  is 
denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated the 
applicant received  an Article  15 for assaulting two military members.  Additionally, he received  six Letters 
of Reprimand for being late for duty, failure to obey a lawful order, leaving his weapon unattended, late for 
guard mount, and failure to disclose known details surrounding a hit and run motor vehicle accident.  And, a 
Letter  of  Counseling  and  two  Letters  of  Admonishment  for  failure  to  attend  a  scheduled  financial 
management  briefing,  failure to  properly  report  a  vehicle  accident  and  providing  false  testimony  and  for 
failure to complete his CDCs within the time required.  The DRB opined that through these administrative 
actions,  the  applicant had  ample opportunities to change his negative behavior.  The Board  concluded the 
misconduct was a significant departure from conduct expected of all military members.  The characterization 
of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of the  discharge  regulation  and  was  within  the  discretion  of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 19 Apr 00 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and ~uthority for Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jun 80.  Enlmt Age: 17 3/12.  Disch Age: 19 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-56,  E-35,  G-46,  M-48. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 10 Jul 98. 

b.  Prior Sv: (1) AFRes 29 Sep 97 -  3 Mar 98 ( 5  months 5 days) (~nactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Mar 98 for 4 yrs. Svd: 2 Yrs 1 Mo 16 Das, all AMS. 

b.  Grade Status:  AB  -  28 Mar 00 (Article 15, 27 Mar 00) 

AMN -  4 Sep 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Mar 00, Vandenberg AFB, CA -  Article 128.  You did, 

on or about 29 Feb 00, assault 
wrestling him to 
Mar 00, assault 
on the head with your fist.  Reduction to AB. 
(No appeal)  (No mitigation) 

on or about -20 
, by punching him 

Y 

e.  Additional: LOR, 

07 DEC 99 - 

LOR, 
LOR, 
LOR, 
LOR, 
LOR, 
LOC , 

29 NOV 99 - 
26 SEP 99 - 
17 SEP 99 - 
16 JUL 99 - 
25 MAY 99 - 
12 APR 99 - 

LOA , 

28 JAN 99 - 

LOA , 

18 SEP 98 - 

Failure to disclose known details 
surrounding a hit and run motor vehicle 
accident. 
Late for work. 
Late for guardmount. 
Leaving weapon unattended. 
Failure to obey a lawful order. 
Late for duty. 
Failure to complete CDCs within the time 
required. 
Failure to properly report a vehicle 
accident and providing false testimony. 
Failure to attend a scheduled financial 
management briefing. 

f .  CM:  None. 

g.  Record of SV: 4 Mar 99 -  3 Nov 99  Vandenberg AFB  2  (1nitial)~EF 

(Discharged from Vandenberg AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (6) Mos  (21) Das 
TAMS:  (2) Yrs  (1) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Jul 03 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  During my first enlistment I had a fight in a restricted area and 
a second fight within the same week with another individual and was discharged 
from the United States Air Force.  I was given a general under honorable 
conditions discharge, a seperation (sic) code JKN and reentry code 2B.  Since my 
separation on April 19, 2000 I have been employed and have started a family.  I 
also have not been in any trouble with any law enforcement agency.  Over the 
past few years I have matured and deeply regret my actions while enlisted in the 
Air Force which caused me to be separated.  I understand I had to take 
responsibility for the consequences of my actions, however I am a more 
responsible adult and know my direction in life and would like another chance to 
serve my country in any branch of the military.  Given this chance I am positive 
that I can make a life for myself and also my family. 

ATCH 
1. Two Character References. 

. 

,- 

3 0 M  SPACE WWO (AFSPC) 

MEMORANDUM FO 

FROM:  30 SFSICC 

SUBJECT:  Notification of Administrative Discharge Action under AFI 36-3208 

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1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your discharge may be characterized as Honorable, or General, 
Under Honorable Conditions.  I am recommending that your discharge be characterized as 
General, Under Honorable Conditions. 

2.  My reasons for this action are: 

a. On or about 16 Sep 98, you failed to attend a scheduled financial management briefing. 

As a result, you received a Letter of Admonishment (LOA), dated 18 Sep 99. 

b. On or about 1 1 Jan 99, you failed to properly report a vehicle accident.  In addition, 
you falsely accused the person you relieved of damaging the vehicle you were operating.  This 
resulted in your receipt of a LOA, dated 28 Jan 99. 

c. On  12 Apr 99, you received a Letter of Counseling  (LOC) for twice failing to complete 

a CDC volume within the required 30 day time limit set forth by flight policy. 

d. On or about 25 May 99, you failed to report at the prescribed time for duty.  As a 

consequence, you received a Letter of Reprimand, dated 25 May 99. 

e. On or about 20 Jun 99, you were ordered, for the second time, to schedule a CDC 

pretest and again failed to do so.  As a result, you received a LOR, dated 16 Jul99, that was used 
to establish an Unfavorable Information File (UIF). 

f. On or about 12 Aug 99, you left your weapon unattended at the Vandenberg Tracking 

Station.  For this safety infraction you received a LOR, dated  17 Sep 99. 

g.  On or about 18 Sep 99, you failed to report to guardmount at the prescribed time 
indicated on the duty roster.  For this you received another LOR, dated 26 Sep 99, that was 
placed in your existing UIF. 

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h. On or about 29 Nov 99, you reported late for work.  This resulted in your receipt of 

another LOR, dated 29 Nov 99, that was added to your existing UIF. 

GUARDIANS OF THE HIGH FRONTIER 

i. On or about 12 and  13 Oct 99, your flight was advised to disclose to your supervisors 

any known details surrounding a hit and run motor vehicle accident.  You knowingly failed to do 
so despite the fact that, as later discovered, you had direct knowledge of the responsible party. 
As a consequence, you received a LOR, dated 7 Dec 99, that was placed in your UIF. 

j. On 27 Mar 00, you were presented with an Article 15 for two counts of assault on 
fellow airmen; wrestling one to the ground and striking another.  Punishment consisted of 
reduction to the grade of Airman Basic. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
discharge action is approved, how your discharge will be characterized.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, 
or education assistance you have received may be subject to rewupment. 

4.  You have the right to consult counsel.  Mili 
I have made an appointment for you to consult 
Counsel, Building 8500, ext. 6-3627J28, at 
may consult civilian wunsel at your own expense. 

een obtained to assist you. 
at the Area Defense 

. You 

hours on 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by 
:cU  (3 duty days) unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

, - 
:i  -f  A?R 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act 
of 1974. A copy of AFI 36-3208 is available for your use at the ofice of the Area Defense 
Counsel, Building 8500. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1. Letter of Admonishment, 18 Sep 98