AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

 

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1 NAME Q F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANlZATlON 

YES 

No 
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GR4DE 

1  AMN 

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ADDRESS AND OR ORGANIZATION  OF COUNSEL 

RECORD REVIEW 

MEMBER SITTING 

UOTHC 

VOTE OF THE BOARD 

I  OTHER 

I  DENY 

ISSUES  A94.06 

INDEX NUMBER 

A67.10 

HEARING DATE 

CASE NUMBER 

EXHIBITS SUBMITTED TO THE BOARD 

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1  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

03 Jun 2004 
.APPLICANT'S ISSUE AND 1%  BOARD'S  DECISIOYAL RATIONAL ARE  DISCUSSF3 ON  THE AWACHED NK  FORCE DISCIIARGE REVIEW BOAW DECISIONAL KATIONA1.E 

FD-2004-00099 

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Case heard at Washington, D.C. 

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 

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TO: 

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

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

DATE:  6/3/2004 

SECRETARY OF TEE AIR FORCE 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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00099 

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 does not contest his discharge.  He merely states that he would like an upgrade  so he can 
move on with his life.  The records indicated the applicant received an Article  15, two Letters of Reprimand, 
and two AETC Forms  125A.  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 AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keesler AFB, MS on 4 Sep 03 
UP AFI 36-3208, para 5.26 &  5.49 (Unsatisfactory Duty Performance &  Minor 
Disciplinary Infractions).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Sep 84. Enlmt Age: 17 7/12.  Disch Age: 18 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-44,  G-46,  M-40. PAFSC: 1C031 - Airfield Management 
Apprentice.  DAS: 8 Apr 03. 

b.  Prior Sv: (1) AFRes 18 Apr 02 -  11 Nov 02 (6 months 25 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Nov 02 for 4 yrs. Svd: 0  Yrs 9 Mo 24 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Jun 03, Keesler AFB, MS -  Article 86.  You did, on or 

about 3 May 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Academic Enhancement Program  (AEP), building 7404. 
Article 92.  You did, on or about 4 May 03, fail to obey 
a lawful general regulation, to wit: AETCI 36-2216, 
paragraph 7.4, dated 10 Sep 01, by wrongfully failing to 
be in your bed by established curfew and wrongfully 
stuffing your bed during curfew checks to make it appear 
you were in it when in fact you were not.  You did, 
within the state of Mississippi, on or about 11 May 03, 
fail to obey lawful general regulations, to wit: AETCI 
36-2216, paragraphs 7.1 and 7.6, dated 10 Sep 01, by 
wrongfully operating a privately owned vehicle and 
failing to remain on station.  Forfeiture of $575.00 pay 
per month for two months.  (No appeal)  (No mitigation) 

e.  Additional: AETC 125A, 08 JUL 03 -  Displaying negative trend. 
Elimination from training. 

LOR/UIF, 2 MAY 03 -  Dereliction of duty. 
AETC, 341, 18 APR  03 -  Repeated use of inappropriate 

LOR, 28 MAR 03 -  Dereliction of duties and violation of 

language. 

phase program 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (4) Mos  (18) Das 
TAMS: (0) Yrs  (9) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Mar 04. 

(Change Discharge to Honorable) 

Issue 1:  Hello my name is- 

I 1 m  a former AMN in the 

United States Air Force.  I served for less then a year  (Nov 11, 2002-09-04-03). 
I was separated/discharged on September 04 2003.  I started working on my new 
non-military life.  I enrolled in school and due to my current 
discharge/separation I wasn't eligible for financial aid so I had to get a part- 
time job at a local food restaurant to pay my way through school but I couldn't 
really afford it and I had to drop out of school.  I had planned to go to 
school, get a degree and gain some maturity, maybe in the future I could get 
another chance to serve my country and not make the same silly mistakes I've 
made before.  I really didn't think my discharge would affect me getting a job 
in the future.  I went to apply for the city police department and I couldn't 
apply because of my discharge.  My life is pretty much in line but I can't move 
forward without an honorable discharge.  So if you can find anyway possible to 
upgrade my General discharge to an Honorable discharge I would be very grateful. 
I would also be very grateful if you can respond in writing your decision and 
reason for your decision.  I have one last question if my discharge is upgraded 
would my reentry code change. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

FROM:  334 TRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for unsatisfactory duty 
performance and minor disciplinary infractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, Chapter 5, Section E, paragraph 5.26, and Section H, paragraph 5.49.  The primary 
basis is 5.49, minor disciplinary infractions.  If my recommendation is approved, your discharge 
characterization will be described as general. 

1.  My reasons for this action are: 

D@(a On or about 8 Jul04, you were eliminated fiom the 1 C03 1, Airfield Management Apprentice 
course due to misconduct, as noted on AETC Fonn 125a, dated 8 Jul03.  (Atch 1, Appendix 
A wlatchs) 

&c(b  On 2 Jun 03, you received nonjudicial punishment for the following infi-actions: 

i.  On  or about  11 May 03, you  failed  to  obey a lawful  general regulation by wronghlly 
operating  a  privately  owned  vehicle,  and  failing  to  remain  on  station.  (Atch  1,  Appendix  B 
w/atchs) 
. . 
11.  On  or  about 4  May  03,  you  failed to  obey a  lawful general regulation by wrongfully 
failing to be in your bed by established curfew, and wronghlly stuffing your bed  during curfew 
checks to make it appear you were in it, when in fact, your were not.  (Atch 1, Appendix B wlatchs) 

iii.  On or about 3 May 03, you did without authority, fail to go at the time prescribed to your 

appointed place of duty, Academic Enhancement Program class.  (Atch 1, Appendix B wlatchs) 

For  these  infractions,  you  nonjudicial  punishment  consisted of a  forfeiture  of  $575.00 pay  per 
month for two months as noted on AF Form 3070, dated 2 Jun 03. 

OW. . On  2  May  03,  you  were  derelict  in  the  performance  of  your  duties by  failing to  request 
permlsslon,  or  a  file  a  travel  itinerary  when  you  violated  the  2nd Air  Force  Phase  program  by 
traveling  farther  than  the  set  150  mile  limit.  In  addition,  you  were  late  for  your  Academic 
Enhancement Program class, for which you received a Letter of Reprimand, dated 2 May 03.  (Atch 
1, Appendix C wlatch) 

08 if d.  On  18 Apr 03, you were unprofessional by repeated use of inappropriate language for which 

you were counseled per AETC Form 341, dated 18 Apr 03.  (Atch 1, Appendix D) 

gd e.  On or about 27 Mar 03, you were derelict in the performance of your duties by not 

performing your assigned details.  In addition, you were caught violating the 2nd Air Force Phase 
program by wearing unauthorized civilian clothing, as noted on Letter of Reprimand dated 
28 Mar 03.  For these &?actions,  an Unfavorable Information File was established on 2 Apr 03. 
(Atch 1, Appendix E wlatchs) 

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 higher will 
decide whether you will be discharged or retained in the Air Force, and, if you are discharged, 
how your service will be characterized.  Eyou are discharged, you will be ineligible for 
reenlistment in the Air Force. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
at Bldg 0701, Room 
you.  I have made an appointment for you to consult 
133, on 
expense. 

$ 1   hours.  You may consult civilian counsel at your own 

d l  b 

d\f 

at 

5.  You have the right to submit statements on your own behalf  Any statements you want the 
by 1 630 hours unless you 
separation authority to consider must reach me by 
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 81St Medical Group, 
Physical Exams on  a\ k c ,

( L o o   hours fir the examination. 

,2003 at 

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8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use by accessing the world wide web at the following website: 

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

Attachments: 
1.  Supporting Documents 

Commander 

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a.  AETC Form 125A, dated 8 Jul03 wlatch 
b.  AETC Form 3070, dated 2 Jun 03 wlatchs 
c.  Letter of Reprimand, dated 2 May 03 wlatch 
d.  AETC Form 341, dated 18 Apr 03 
e.  AF Form 1058, dated 2 Apr 02 wlatchs 

2.  Airman's Receipt of Notification Memorandum 
3.  Airman's Statements 

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