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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

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TYPE GEN 

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NAME OF COUNSEL AND OR ORGANIZATION 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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HEARING DATE 

CASE NUMBER 

I  1  1  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

08 Jun 2004 
APPLICAWS ISSUE AND THe BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2004-00044 

I 

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 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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/  - 
I  FROM: 

I 

(EF-V2) 

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

Previous edition will be used 

I 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00044 

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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  an  Article  15,  four  Letters  of  Reprimand,  three  Letters  of  Counseling,  and  one 
Memorandum  for Record  for misconduct.  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.  The applicant cited his desire to receive the 
G.I.  Bill benefits  as justification  for upgrade.  The DRB  noted  that  when  the  applicant  applied  for these 
benefits, he understood  he must receive  an Honorable discharge to receive future educational  entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but 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 A1C) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Lackland AFB, Texas on 18 Nov 
99'UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions. 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Nov 77. Enlmt Age: 19 2/12.  Disch Age: 21 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-57,  E-50,  G-50,  M-45. PAFSC: 4N031 -  Medical Service Apprentice. 
DAS: 20 Aug 97. 

b.  Prior Sv: (1) AFRes 13 Feb 97 -  25 Feb 97 (13 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Feb 97 for 4 yrs. Svd: 2 Yrs 8 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  26 Jun 98 

Amn -  Unknown 

c.  Time Lost:  None 

d.  Art 15's:  (1) 25 May 99, Lackland AFB, TX -  Article 86.  You, did, on 
or about 23 Apr 99, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Article 134.  You, were, on or about 23 Apr 99, as a 
result of wrongful previous overindulgence in 
intoxicating liquor incapacitated for the proper 
performance of your duties.  Forfeiture of $150.00 per 
month for two months, 10 days extra duty, and a 
reprimand. (No appeal)  (No mitigation) 

e.  Additional: MFR, 
LOR, 
LOR, 
LOR, 
RIC, 
LOR, 
LOC , 
LOC , 

10 AUG 99 -  Failure to go. 
10 MAR 99 -  Late for work and lying. 
09 MAR 99 -  Failure to go. 
23 OCT 98 -  Late for work. 
20 MAR  98 -  Failure to obey a direct order. 
30 JAN 98 -  Failure to obey a direct order. 
29 DEC 97 -  Late for work. 
03 DEC 97 -  Late for work. 

f .  CM:  None. 

g.  Record of SV: 26 Feb 97 -  28 Oct 98  Lackland AFB  2  (1nitial)REF 
29 Oct 98 -  01 Sep 99  Lackland AFB  1  (Cmdr DirIREF 

h.  Awards &  Decs:  AFTR,  AFOUA. 

i.  Stmt of Sv:  TMS: (2) Yrs  ( 9 )   Mos  ( 6 )   Das 

TAMS:  (2) Yrs  ( 8 )   Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 9 Jan 04. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting an upgrade so that I will be able to use my 

Montgomery G.I. Bill for college. 

ATCH 
None. 

DEPARTMENT OF THE A&  FORCE 

59'h Medical Wing (AETC) 

5 Oct 99 

FROM:  759 MDOSICC 

SUBJECT:  Notification Memorandum 

* 

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, Paragraphs 5.49.  If my recommendation is approved, your service will be 
characterized as Honorable or General.  I am recommending that your service be 
characterized as Under Honorable Conditions (General). 

2.  My reasons for this action are: 

J 

'. a.  On or about 3 Dec.97, you failed to go at the time prescribed to your appointed 

.  place of duty, for this you received a Letter of Counseling on 3 Dec 97. 

b.  On or about 29 Dec 97, you failed to go at the time prescribed to your appointed 

place of duty, for this you received a Letter of Counseling on 29 Dec 97. 

-  . c.  On or about Dec 97, you failed to obey a direct order, for this you received a 
Letter of Reprimand on 30 Jan 98, and an Unfavorable Information File was 
established on 30 Jan 98. 

d.  On or about 20 May 98, you failed to obey a direct order, for this you received an 

AF Form 174, Record of Individual Counseling, on 20 Mar 98. 

.-_ e.  On or about 21 Oct 98, you failed to go at the time prescribed to your appointed 
place of duty, for this you received a Letter of Reprimand on 23 Oct 98 which 
was added to your existing Unfavorable Information File on 6 Nov 98. 

. - 
f  On or about 11 Jan 99, you failed to go at the time prescribed to your appointed 
place of duty, to wit:  Bldg 3350, Rm 3 5 4  Medical Service Journeyman End of 
Course test, for this you received a Letter of Reprimand on 8 Mar 99 and you 
were place on the Control Roster on 24 Mar 99. 

-. 

' g.  On or about 10 Mar 99, you failed to go at the time prescribed to your appointed 

place of duty, for this you received a Letter of Reprimand on 10 Mar 99. 

/  h.  On or about 23 Apr 99, you did, at Lackland AFB, TX fail to go at the time 
prescribed to your appointed place of duty.  As a result of wrongfbl previous 
overindulgence in intoxication liquor, you were incapacitated for the proper 

performance of your duties, for this you received Article 15 punishment on 17 
May 99 consisting of forfeiture of $150.00 per month for two months and ten 
days extra duty. 

i.  On or about 10 Aug 99, you failed to go at the time prescribed to your appointed 
place of duty, for this you were verbally counseled and this was documented as a 
Memo for Record on 10 Aug 99. 

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 charactized.  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 
at Building 1000, 
counsel at your own expense. 

for you to consult  sr 

fi;8C 

5.  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 workdays, 
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 Building 
6612, Rrn 502, Monday through Friday, between 1300 - 1500 with your medical, 
immunization, and dental records for the examination. 

8.  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 at the 59 MDOG Orderly 
Room. 

Attachments: 
1.  LOC, 3 Dec 97 
2.  LOC, 29 Dec 97 
3.  LOR,  30Jan98 
4.  UIFAFForm 1058,30 Jan98 

5.  AF Form 174,20 Mar 98 
6.  LOR, 23 Oct 98 
7.  UIF AF Form 1058,6 Nov 98 
8.  LOR, 8 Mar 99 
9.  UIF Control Roster AF Form 1058,24 Mar 99 
10. LOR,  10 Mar 99 
1 1. AF Form 3070, 17 May 99 
12. Memo for Record, 10 Aug 99