NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 

PERSONAL APPEARANCE 

@ma $  NAME OF COUNSEL AND OR ORGANUATION 

X 
ADD,RESS AND OR ORGANIZATION OF COUNSEL 

RECORD REVIEW 

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MEMBER  SITTING 

L-.-..-.-..-.-..-.-------------------------l 
ISSUES  A95.00 

I  LNDEX NUMBER 

A67.10 

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I  ORDER APPOINTING  THE BOARD 

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EXHIBITS SUBMITTED TO THE BOARD 
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2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFlCATION 
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BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

(  TAPE RECORDING OF PERSONAL APPEARANCE 

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HEARING DATE 
08 Jun 2004 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON 1 HE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECLSLONAL RATIONALE 

CASE NUMBER 

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Case heard at Washington, D.C. 

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

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

AFHQ FORM 0-2077, JAN 00 

RCE PERSONNEL COUNCIL 

AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00035 

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

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 is denied. 

The Board  finds the  applicant submitted  no issues  contesting the  equity  or propriety  of the  discharge,  and 
after a thorough review of the record, the  Board  was unable to identify  any that would justify  a change of 
discharge.  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:  The  applicant  submitted  no  issues  and  requested  that  the  review  be  completed  based  on  the 
available service record.  The Board  reviewed the  entire  record  and  found  no  evidence of  impropriety  or 
inequity in this case on which to base an upgrade of discharge.  The records indicated  applicant received an 
Article 15, four Letters of Reprimand, one Record of Individual Counseling, two Memorandums for Record, 
and  a traffic  ticket.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities to change  his  negativelrepetitive  behavior.  The Board  concluded  the disciplinary  infractions 
were a significant departure from the conduct expected of all military members. 

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 

I 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MI> 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Shaw AFB, SC on 9 Oct  02 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Feb 82.  Enlmt Age: 19 5/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-49,  G-55,  M-49. PAFSC: 2A634 -  Aircraft Fuels. 
DAS: 1 A p r  02. 

b.  Prior Sv: (1) AFRes 16 Aug 01 -  12 Nov 01 (2 months 28 days) (~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Nov 01 for 6  yrs. Svd: 0 Yrs 10 Mo 27 Das, all AMS. 

b.  Grade Status:  Amn -  19 Aug 02 (Article 15, 19 Aug 02) 

A1C -  17 May 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 Aug 02, Shaw AFB, SC -  Article 92.  You, having 

knowledge 'of a lawful order issued by SMSgt 
-to 

not drive until you had a valid driver's 

license, an order which it was your duty to obey, did, 
on or about 6 Aug 02, fail to obey the same by 
wrohgfully driving without a valid driver's license. 
You, having kndwledge of a lawful order issued by MSgt 

not drive until you had a valid 
driver's license, an order which it was your duty to 
obey, did, on or about 6 Aug 02, fail to obey the same 
by wrongfully driving without a valid license. 
Reduction to Airman.  (No appeal) (No mitigation) 

-to 

e.  Additional: LOR, 04 SEP 02 -  Late for work. 

LOR, 23 AUG 02 -  Failure to obey a lawful order not to 

LOR, 06 AUG 02 -  Failure to obey a lawful order. 
Traffic Ticket, 6 AUG 02 -  Driving without a valid driver's 

drive without a valid driver's license. 

LOR, 06 AUG 02 -  Civil arrest for violating a noise 

license and speeding. 

ordinance, interfering with a police 
officer and driving without a valid 
driver's license. 

RIC, 25 JUL 02 -  Late for work on numerous occasions. 

MEMO, 24 JUL 02 -  Late for work. 
MEMO, 23 JUL 02 -  Dereliction of duty. 

1 

f.  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  BTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (1) Mos  (24) Das 

TAMS:  (0) Yrs  (10) MoS  (27) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jan 04 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None 

JEPARTMENT OF THE AIR k ,RCE  F P Q ~ ~ ~ - C ~ " ~  
SHAW AIR FORCE BASE, SOUTH CAROLINA 

20th FIGHTER WING (ACC) 

FROM:  20 CRS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct - minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of Airmen, Chapter 5, paragraph 5.49.  If 
my recommendation is approved, your discharge will be characterized as honorable or general.  I 
recommend your discharge be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 4 Sep 02, you failed to report to work on time.  For this act of misconduct, 

you received a Letter of Reprimand (LOR), dated 4 Sep 02. 

b.  On or about 23 Aug 02, after receiving a direct order not to operate you vehicle, you 

operated a vehicle without a license.  For this act of misconduct, you received an LOR, dated 
23 Aug 02. 

c. On or about 6 Aug 02, you failed to obey a lawful order, given by both SMSgtlllllEgnd 

not to drive until you had a valid drivers license.  For this act of misconduct, you 

MS~~- 
received Article 15 nonjudicial punishment, dated 19 Aug 02.  Punishment consisted of a reduction 
to the grade of Airman. 

d.  On or about 5 Aug 02, you failed to obey a lawful order to be at Sumter County Court at a 

certain time, given by M S g t . m  For this act of misconduct, you received an LOR, dated 
6 Aug 02. 

e.  On or about 4 Aug 02, you were arrested in Sumter, South Carolina for violating a noise 

ordinance, interfering with a police officer, and driving without a valid license.  For these acts of 
misconduct, you received an LOR, dated 6 Aug 02. 

The documents listed above are located under Tab 4. 

3.  In addition to the above reasons for discharge, your file also reflects a Letter of Counseling 
(LOC), dated 25 Jul02, which documents you reporting late for duty on two different days.  Your ' 
file also reflects two Memoranda for Record (MFRs), dated 24 Jul02 and 23 Jul02, dealing with 
verbal counseling for being late to duty and studying rap lyrics when you were supposed to study 
your Career Development Course (CDC) material.  Additionally, your file reflects two Armed Forces 
Traffic Tickets, dated 6 Aug 02 and 23 Aug 02, for driving without a valid drivers license.  These 
documents are located under Tab 4a. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commanher exercising specihl court-martial 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 and will probably not be allowed to enlist in any other branch of the 
armed forces. 

5.  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 cap- 

on \I Sep 02, at % hours.  You may consult civilian counsel at your own expense. 

~ r e a  Defense Counsel, 895-9530, 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three days after receipt of the notification 
memorandum, unless you request and receive an extension for good cause shown.  I will send them 
to the separation authority. 

. 

7.  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. 

8.  You are scheduled for your final out-processing medical examination o

n

 Sep 02 at 

hours.  You will report to Primary Care, located in the Shaw AFB Hospital, at the time 

prescribed.  This appointment is mandatory.  If you must reschedule, contact your unit First Shirt to 
have them make the appointment for you.  This examinationmust be canied out within 48 hours of 
the original appointment if the date must be rescheduled. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use in the orderly room. 

10.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus 
monies that you received, if any, if you separate before completing the period of active duty you 
agreed to serve.  This recoupment applies whether you voluntarily separate or are involuntarily 
separated.  Recoupment will apply regardless of the basis for involuntary discharge, unless the reason 
is homosexual conduct.  The recoupment in all cases is an amount that bears the same ratio to the 
total cost provided to you as the unserved portion of active duty bears to the total period of active 
duty you agreed to serve.  If you dispute that you are indebted for educational assistance, a board or 
other authority will make findings and recommendations concerning the validity of the indebtedness. 

1 1.  Execute the attached acknowledgment, and return it to me immediately. 

Attachments on next page 

Commander 

10 Attachments: 
1.  LOR, dated 4 Sep 02 (Tab 4) 
2.  LOR, dated 23 Aug 02 (Tab 4) 
3.  AF Form 3070, dated 19 Aug 02 (Tab 4) 
4.  LOR wlatch, dated 6 Aug 02 (Tab 4) 
5.  LOR wlatch, dated 6 Aug 02 (Tab 4) 
6.  DD Form  1408, dated 23 Aug 02 (Tab 4a) 
7.  LOC, dated 25 Jul02 (Tab 4a) 
8.  MFR, dated 24 Jul02 (Tab 4a) 
9.  MFR, dated 23 Jul02 (Tab 4a) 
10. DD Form  1408, dated 6 &02 

(Tab 4a)