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

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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GRADE 

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 TYPE  GEN 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

HEARING DATE 

1  06 Jan 2004 

CASE NUMBER 

I  FD-2003-00442 

Case heard at Washington, D.C. 

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3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

I  COUNSEL'S RELEASE TO THE BOARD 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

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Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD F U M R  
ANDREWS A m  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m2003-00442 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  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 is denied. 

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

Issues.  Applicant was discharged for misconduct, minor disciplinary infractions.  He had an Article  15, a 
vacation of suspended punishment, four Letters of Reprimand,  six Records of Individual Counseling, and 
an  Unfavorable  Information  File.  His  misconduct  included  seven  incidents of  failure  to  go,  recklessly 
driving a government vehicle resulting  in  an accident and  causing damage to two other parked  vehicles, 
displaying an unacceptable attitude and undisciplined behavior to include insubordination, writing four bad 
checks and failing to pay the resultant debts, and sleeping on duty.  At the time of the discharge, member 
consulted counsel and submitted a statement in his own behalf requesting an honorable discharge.  Member 
was age 21 to 23 when his misconduct occurred, and there is no evidence he was immature or did not know 
right from wrong; he  was essentially the same age as other airmen who  adhere to the expected standards 
and are discharged honorably without any misconduct.  The Board opined that through the unit's numerous 
administrative actions, member had  ample opportunity to correct his negative behavior, but he  was either 
unable or unwilling to do so.  After a through review of the records, the Board did not find any mitigation 
or extenuation to warrant an upgrade, and the records review disclosed no inequity or impropriety. 

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  While the Board 
was sympathetic to the impact the loss of these benefits was having on the applicant, this is not a matter of 
inequity or impropriety which would warrant an upgrade. 

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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 23 May 95  UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 21 Sep 71.  Enlmt Age: 20 5/12.  Disch Age: 23 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-36,  E-62,  G-48,  M-56. PAFSC: 23632 -  Communications -  Cable 
Systems Apprentice. DAS: 4 Oct 92. 

b.  Prior Sv: (1) AFRes 22 Feb 92 -  10 Mar 92 (18 ~ a y s )  (~nactive) . 

3 .  SERVICE UNDER REVIEW: 

a.  Enld as AB  11 Mar 92 for 6 yrs. Svd: 3 Yrs 2 Mos 13 Das, all AMS. 

b.  Grade Status:  A1C -  6 Mar 95 (Vacation of Article 15, 6 Mar 95) 

SRA -  Unknown 
A1C -  2 May 92 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 Mar 95, Vacation, Eglin AFB, FL -  Article 92.  You, 

who knew of your duties, on or about 7 Feb 95, were 
derelict in the performance of those duties in that you 
negligently failed to refrain from sleeping during duty 
hours, as it was your duty to do.  Reduction to AlC, and 
forfeiture of $248.00 pay.  (No appeal) (No mitigation) 

(2) 24 Jan 95, Eglin AFB, FL -  Article 134.  You did, 

between 21 Nov 94 and 30 Nov 94, make and utter to the 
Eglin AFB, Exchange four checks, to wit:  Check No. 122, 
dated 21 Nov 94, in the amount of $65.00, Check No. 125, 
dated 23 Nov 94, in the amount of $50.00, Check No. 128, 
dated 30 Nov 94, in the amount of $5.00, and Check No. 
127, dated 27 Nov 94, in the maount of $30.00, drawn 
upon the Amsouth Bank, made payable to the oder of the 
Eglin AFB, Exchange, and signedf 
for the purpose of obtaining legal currency or other 
items of value, did thereafter dishonorably fail to 
maintain sufficient funds in said bank for the payment 
of said checks in full upon presentment for payment. 
Suspended reduction to AlC, suspended forfeiture of 
$248.00 pay, and 14 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 
RIC, 

22 NOV 94 
26 JUL 94 

-  Late for work. 
-  Unacceptable attitude and undisciplined 

behavior. 

RIC, 
LOR, 
LOR, 
RIC, 
LOR, 

12 JAN 94 
10 DEC 93 
UNDATED 
24 AUG 93 
28 JUL 93 

- Dereliction of duty. 
-  Late for work. 
-  Late for work 
-  Late for work. 
-  Caused a traffic accident due to careless 

driving. 

RIC, 
RIC, 
RIC, 

30 MAR 93 
26 MAR 93 
15 JAN 93 

- Late for work. 
-  Late for work. 
-  Late for work. 

f .  CM:  None 

g.  Record of SV: 11 Mar 92 -  10 Nov 93  Eglin AFB  3  (Initial) 

11 Nov 93 -  05 Oct 94  Eglin AFB  3  (CRO) 

(Discharged from Eglin AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/1 DEC, AFGCM. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (3) Mos  (1) Das 
TAMS:  (3) Yrs  (2) MOS  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Aug 03. 

(Change Discharge to Honorable) 

Issue 1:  I was informed that I have to have an honorable discharge to use 

my educational benefits.  I joined the Air Force to help my country and to take 
advantage of the things that the Air Force had to offer me.  I would be very 
grateful and appreciative of the request.  Thank you. 

ATCH 
None. 

21 Oct 03/cr 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 96TH COMMUNICATIONS-COMPUTER SYSTEMS GROUP (AFMC ) 

EGLIN AIR  FORCE BASE, FLORIDA 

MEMORANDUM FOR ~

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CCSG 

13 April 95 

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FROM: 96 CCSGICCQ 
SUBJECT: Notification Letter - Recommendation for Discharge 

1.  I am recommending your discharge from the United States Air Force for a pattern of minor disciplinary infrac~ions. 
The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. This action could result in your 
separation with an honorable or general discharge.  I am recommending that your discharge be characterized as gcneral 

2.  My reasons for this action are: 

a.  On 15 Jan 93,  you failed to go to your duty section at the prescribed time for which you received a Record of 

Individual Counseling (AF Form 174) dated 15 Jan 93 

b.  On 26 Mar 93, you failed to go to your duty section at the prescribed time for which you received a Record of 

Individual Counseling (AF Form 174) dated 26 Mar 93 

c.  On 30 Mar 93, you failed to go to your duty section at the prescribed time for which you received a Rccord or 

Individual Counseling (AF Form 174) dated 30 Mar 93 

d.  On 02 Jun 93, you caused extensive damage to three vehicles while driving recklessly for which yo11 rccci~ccl 

a Letter of Reprimand dated 28 Jul93 

e.  On 24 Aug 93, you failed to go to your duty section at the prescribed time for which you received a Record or 

Individual Counseling (AF Form 174) dated 24 Aug 93 

f.  On 03 Sep 93, you failed to go to your duty section at the prescribed time for which you received Letter of 

Reprimand dated 3 Sep 93 

g.  On 09 Dec 93, you were 45 minutes late for work, for which you received a Letter of Reprimand and 

Unfavorable Information File Action (AF Form 1058) was taken dated 15 Dec 93 

h.  On 11 Jan 94, you failed to sign and or check out a GOV prior to operation for which you  received a  Rccord 

of Individual Counseling (AF Form 174) dated  12 Jan 94 

i. On 26 July 94, you were counseled that your attitude and undisciplined behavior were unacceptable and must 

be corrected, for which you received a Record of Individual Counseling (AF Form 174) for misconduct and 
Performance below standards dated 26 Ju194 

j.  On 18 Nov  94 you again failed to go to your duty section at the prescribed time for which you  received a 

Letter of Reprimand dated 22 Nov 94 

k.  Between 21 Nov and 30 Nov  94, you wrote four checks to the exchange and thereafter dishonorably failcd 10 

maintain sufficient funds for payment for which you  received a Record of Nonjudicial Punishment Proceedings 
(Article 15) (AF Form 3070) dated 24 Jan 95 ' 

1.  On 7 Feb 95, you were derelict in the performance of your duties  in that you negligently failed to refrain 

from sleeping during duty hours, for which you received a Record of Proceedings of Vacation of  Suspended 
Nonjudicial Punishment (AF Form 366) dated 10 Mar 95 

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached. 
The commander exercising SPCM jurisdiction or a higher authority will decide whether you will be discharged or 
retained in the Air Force and, if you are discharged, how your service will be characterized.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have made an 
appointment for you to consult 
civilian counsel at our own ex 

at &@. 

You may consult 

5.  You have the right to submit a statemenyn your own behalf.  Any statements you want the separation authority lo 
consider must reach me by  2! +rl Lf3  unless you request and receive an extension for good cause shown.  I will 
send them to the separation authority. 

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.  You have been scheduled for a medical examination.  You must report to Eglin Regional Medical Center  at 0715 on 6 
April 1995 for the examination. 

8.  Any personal information you fimish in rebuttal is covered by the Privacy Act of  1974.  A copy of AFI  36-3208, is 
available for your use in the 96 CCSG Orderly Room. 

- Squadron Section Commander