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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1  1 
2 
3  (  LETTER OF NO.I'IPICATION 
4  1  BRIEF OF PERSONNEI. PILE 

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HEARING DATE 

COIJNSEL";  RELEASE TO I'HE BOARD 
~ D I T I O N A L  EXIlIRI'I'S  SURMITTFI)  AT TIME OF 
PERSONAL APPEARANCE 

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(  TAPE RECORDING OF PERSC)NAL, APPEARANCE 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 

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

FROM: 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCII, 
AIR  FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, 3KD FI.OOR 
ANDREWS AFB, MII 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

F1)-2004-00111 

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

The applicant appeared  and  testified  before the L)ischarge Review Board (DM), with counsel, at Andrews AFB, MD 
on September 7,2004. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5:  Applicant's  contentions 
Exhibit 6:  Character Statement from 

Exhibit 8:  Character 

Exhibit  10: Character 

Exhibit  12: Notarized  statern 
Exhibit 13: Copy of letter to 
Exhibit  14: Letter wlatch from 

dated  15 Jun 04 

ated 3 1 Aug 04 

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  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 and states that their were factual 
issues and equitable issucs in regards to the general discharge.  The records indicated the applicant received an Article 
15, three Letters of Reprimand, one Record of Individual Counseling and a Vacation action under the UCMJ 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 membcrs.  The characterization of the discharge received by the applicant was found to be 
appropriate.  The DRB took note of the applicant's duty performance as documented  by  his performance reports,  letters 
of recommendation  and other accomplishments.  ?'hey found thc seriousness of the willful lnisconduct offset any 
positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the 
reasons which were the basis for this case.  The DRB was pleased to see that the applicant was doing well and has a 
good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 

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: 
Examitler'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 Nellis AFB, NV on 28 Aug 03 
UP AFI 36-3208, para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 10 D e c   7 8 .   E n l m t   Age: 2 1   1/12.  Disch Age: 24 8/12. Educ: HS DZPL. 

AFQT: N/A.  A-81,  E-73,  G-80, M-76. PAFSC: 1C151 -  Air Traffic Control 
Journeyman. DAS: 25 Sep 00. 

b .   Prior Sv: (1) AFRes 7 Feb 00 -  15 Mar 00  (1 month 9 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Mar 00 for 6 yrs. Svd: 3 Yrs 5 Mo 13 Das, all AMS. 

b.  Grade Status:  A1C  -  5 Mar 03  (Vacation of Article 15, 18 Jun 03) 

SrA -  28 Aug 02 
ALC -  2 8   Apr 00 

c.  Time Lost:  None. 

d.  Art  1 5 ' s :   (1) 18 Jun 03, Vacation, N e l l i s  AFB, NV -  Article 86.  You 

did, between on or about 16 May 03 to on  or about 1 7  May 
03, without authority, go from your appointed place of 
duty.  Reduction t o  AlC.  (No appeal) (No mitigation) 

( 2 )   7 Mar 03, Nellis, NV  -  Article 134.  You, were, at or 

near Mandalay Bay Casino in Las Vegas, Nevada, on or 
about 20 Jan 03, disorderly, which conduct was of a 
n a t u r e   to bring discredit upon  t h e   armed forces. 
Suspended reduction to AIC, forfeiture of  $250.00 pay 
per month for two months, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 09 JUL 03 -  Uniform violation, disrespectful and 

confrontational towards an NCO. 

LOR, 02 OCT 02 -  Late for work. 
RIC, 3 0   SEP 02 -  Late for work. 
LOR, 22 OCT 01 -  Fraudulently presenting a form to an 

apartment complex manager and aggressive 
behavior. 

f .   CM:  N o n e .  

g .   Record  of SV: 16 Mar 00 -  15 Nov 01  Nellis AFB  4  (Initial) 

16 Nov 01 -  15 Nov 02  Nellis AFB  4  (Annual) 

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

i.  Strnt  of Sv:  TMS: ( 3 )  Yrs  ( 6 )  Mos 

( 2 2 )   Das 
( 3 )  Yrs  ( 5 )   Mos  (13) Das 

TAMS: 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD  Fm 2 9 3 )   dtd  2 2   Mar  0 4  

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Two Letters of Appreciation 

DEPARTMENT OF THE AIR  FORCE 

5TTH OPERATIONS SUPPORT SQUADRON (ACC) 

NELLIS AIR  FORCE BASE, NEVADA 

FROM:  57 OSSICC 

SUBJECT:  Notification Memorandum - Administrative Discharge AFI 36-3208 

I.  I am recommending you for discharge from thc United States Air Forcc for minor disciplinary 
infractions.  The authorily for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If  my 
recommendation  is approved, your service will be characterized as honorable or general.  I ain 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 17 Oct 01, you fraudulently presented a form to an apartment complex manager 

in order to regain possession of  a $70.00 deposit.  For your actions, you received a Letter of 
Reprimand (LOR) on 22 Oct 01.  To this LOR, on 22 Ocl 01, you did not make an election to submit  ' 
or not submit matters for considcration: 

b.  On or about 15 Sep 02 and on or about 27 Sep 02, you were 20 minutes late for work.  For 

your actions, you received a Record of Individual Counseling (ROIC) on 30 Sep 02; 

c.  On or about 29 Sep 02, you failed to report to your place of duty at the time prescribed.  For 

your actions, you received an LOR on 2 Oct 02.  To this LOR, on 3 Oct 02, you elected not to submit 
matters for consideration; 

d.  You were, at or near the Mandalay Bay casino in Las Vegas, Nevada, on or about 20 Jan 03, 
disorderly, which conduct was of a nature to bring discredit upon the armed forces.  For your actions, 
you received an Article 15 punishment consisting of a suspended reduction to the grade of airman 
first class, forfeiture of $250.00 pay per month for 2 months, and a reprimand on 7 Mar 03; 

e. Between on or about 16 May 03 to on or about 17 May 03, you left from your appointed 
place of duty without authority.  For your actions, you received a vacation action on a suspended 
reduction to the grade of airman first class on 18 Jun 03; 

f.  On or about 12 Jun 03, you were disrespectful towards a noncommissioned officer.  For your 

actions, you received an LOR on 9 Jul03. 

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 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 be denied enlistment in any component of the 
Armed Forces. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 on 
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hours.  You may consult civilian counsel at your own expense. 

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5.  You have the right to submit statements in your own behalf.  You have three (3) duty days from 
the date/time served to,submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me by  Rd5 0 3 
request and receive an extension for good cause shown.  I will send them to the separation authority. 

at  \ 3 0 D   hours unless you 

6.  In the event the commander exercising special court-martial jurisdiction  or a higher authority 
approves your discharge, separations will out-process you.  Your initial separations briefing is 
scheduled for  6 flu'\ 03  on  0Zo a 

hrs. 

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

8.  You have been scheduled for a medical examination at the 99th Medical Group on  1 
1300 

h s a  

07  at 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974. A copy 
of A H  36-3208 is available for your use in your Unit Orderly Room. 

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

Commander 

6 Attachments: 
1. LOR, 22 Oct 01 
2.  ROIC, 30 Sep 02 
3.  LOR, 2 Oct 02 
4.  Art 15,7 Mar 03 
5.. Art 15 Vacation Action, 18 Jun 03 
6.  LOR, 9 Jul03