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

TYPE  GEN 

I 

MEMBER SITTlNG 

ISSUES  A94.05 

INDEX NUMBER 

A67.50 

I  GRADE 
/  AMN 

I  AFSNISSAN 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OFCOUNSEL 

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VOTE OF TIIE  BOARD 

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I  DENY 
1 

.OTHER 

1  UOTHC 

I 

GEN 

1
/ 

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HON 

X -- 

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imqrp S U B M I T T E ~ T O ~  sokm 

1  (  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSFI.'S  RELEASE TO THE BOARD 
ADDITIONAL E X H I B I T S ~ ~ B ~ ~ T E D  
PERSONAL APPEARANCE 

AT  TIME^ 

TAPE RECORDNG OF PERSONAL APPEARANCE 

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-. 

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HEARING  DATE 

CASE NUMBER 

FD-2004-00160 

I 

APPLICANTS  ISSLT AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE A T I  ACHED AfR FORCE DISCIIARGE REVIEW BONU) DECISIONAL RtSI IONALE 

I

'

 

1  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 

550 C STREET WEST, SUITE 40 
RANDOLPH M B ,  TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AYE, 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 

FD-2004-00160 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and, to change the reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh and he wishes to reenter the 
Air Force.  The records indicated the applicant received an Article 15, three Letters of Reprimand, one Letter 
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. 

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. 

111 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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Kirtland AFB, NM  on 24 Jan 02 
UP AFI 36-3208, para 5.50  (Pattern of Misconduct).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Oct 81.  Enlmt Age: 18 9/12.  Disch Age: 20 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-62,  G-42,  M-27. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 8 May 01. 

b.  Prior Sv: (1) AFRes 31 Jul 00 -  17 Oct 00  (2 months 17 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Oct 00 for 6 yrs. Svd: 1 Yrs 3 Mo 7 Das, all AMS. 

b.  Grade Status:  AMN -  20 Dec 01 (~rticle 15, 20 Dec 01) 

A1C -  1 Dec 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Dec 01, Kirtland AFB, NM  -  Article 86.  You did, on 

or about 10 Dec 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Article 92.  You, who knew of your duties, at or near 
Albuquerque, New Mexico, on or about 26 Nov 01, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages while underage, as it was your duty to do. 
Reduction to Amn,  30 days restriction, and 10 days extra 
duty.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 23 NOV 01 -  Failure to go. 

LOR, 13 SEP 01 -  Reporting to duty unshaven. 
LOR, 13 AUG 01 -  Failure to go. 
MFR, 23 JUL 01 -  Failure to demonstrate proper customs and 

LOC, 18 JUL 01 -  Reporting to duty unshaven. 

courtesies while on duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS: (1) Yrs  (5) Mos  (25) Das 

TAMS:  (1) Yrs  (3) Mos  ( 7 )  Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 24 Apr 04. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  Please respond in writing the outcome of my claim, because I'm 

seeking reinstatement in the Air Force.  I have mature  (sic) sophistically (sic) 
in experience, in age, in knowledge, in acceptance and responsibility, in 
perception, in readiness and adaptability.  I enter  (sic) in the Air Force 
straight from school as a non-experience (sic) person.  I suffered from culture 
shock because I was never away from my environment.  Please give me a chance. 
Please read military records.  Thank you in advance. 

ATCH 
1. Copy of Military Personnel Record. 

DEPARTMENT OF THE AIR FORCE 

377TH SECURITY FORCES SQUADRON (AFMC) 

KIRTLAND AIR FORCE BASE NEW MEXICO 

' 

MEMORANDUM FOR 0 Cj ~nn  0 2  

FROM: 377 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending  your  discharge  fiom  the  United  States  Air  Force  for  misconduct, 
specifically, a pattern of misconduct.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.50.  If my recommendation is approved, your service will be characterized as 
general. 

2.  My reasons for this action are: 

a.  On  or  about  2  Jan  02,  you  received punishment  under  Article  15  of  the  UCMJ.  (See 

attached Article 15 for complete details).  (Atch 1) 

b.  On or about 23 Nov Ql, you received a Letter of Reprimand (LOR).  (See attached LOR 

for complete details).  (Atch 1) 

c.  On or about 9 Sep 01, you received a Letter of Reprimand (LOR).  (See attached LOR for 

complete details).  (Atch 1) 

d.  On or about  13 Aug 01, you received a Letter of Reprimand (LOR).  (See attached LOR 

for complete details).  (Atch 1) 

e.  On or about  18 Jul 01, you  received a Letter of Counseling (LOC).  (See attached LOC 

for complete details).  (Atch 1) 

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.  Special pay, bonuses,  or education assistance hnds may be 
subject to recoupment. 

4.  You have the right to 
You may contact Captain 
expense. 

legal counsel has been obtained to assist you. 
You may consult civilian counsel at your own 

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 3 r~orkdays fiom today unless you request 
and receive an extension for good cause shown.  I will forward all documents you provide to the 
separation authority. 

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

7.  You will  complete a medical  examination at the  377th Medical Group (Physical Exams) on 

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 in your unit orderly room. 

Commander 

Attachments: 
1.  Supporting Documentation 
2.  Other Derogatory Data