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/TYPE GEN 

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No 
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AIR FORCE D'' 

IARGE REVIEW BOARD HEARING RECORD 

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ITIAL) 

PERSONAL APPEARANCE 

X 

RECORDREVIEW 

NAME O F  COUNSEL AND OR ORGANlZATlON 

ADDRESS AND OR ORGANUATION  O F  COUNSEL 

MEMBER SITTING 

HON 

GEN 

UOTHC 

VOTE OF THE BOA^@ 

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OTHER 

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<  .2 < 

DENY 

X 

X 

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EXHlBlTS SUBMI'lTED TO THE BOARD 

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1  ORDER APPOINTING THE BOARD 

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

TAPE RECORDMG OF PERSONAL APPEARANCE 

---- 
IbULY NUblBER 

ISSUFS 

A94.06 

A67.10 

HEARING DATE 

CASE NUMBER 

APPLICANT'S  ISSUE AND THE BOARD'S DECISIONAL  RATIONAL  ARE DISCUSSED OX THE ATTACHED AIR FOKCE DISCHARGE REVIEW BOARD DECISIONAL  R A T I O N U  

I 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

Names and votes will be made available to the applicant at the applicant's  request. 

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I..--  -  - - 
TO: 

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

IXDORSEBIENT 

FROM: 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR.  EE WING,  3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

- . -  . . . . . 

- - - . - - - - - - 

DATE:  7/6/2005 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE FUZVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00421 

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:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's  reason and authority for discharge inequitable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  an Article  15, four Letters of Reprimand, and one Letter of Counseling for various acts of 
misconduct to include financial irresponsibility,  dereliction of duty, failure to attend mandatory training and 
failure to go.  The DRB opined that the applicant had excellent service during his first three years in the Air 
Force  and  that  his misconduct  began  after  arriving at  his new  assignment to Elmendorf  AFB.  The Board 
opined the  LOR the  applicant received  for  failure to  properly  document aircraft  forms  was appropriate  for 
this  serious safety  infraction.  However, the  majority  of the  DRB thought  the  LOR  for not  having proper 
hearing protection  was  not  equitable  inasmuch as  it  wasn't  applied  to  all  members  that  traverse the  flight 
line.  Moreover,  the  Article  15  is  in  question  because  a  TSgt  shift-worker  attested  to  the  fact  that  the 
applicant's  report  time was at  1400 hours, as noted  on the log book,  (which the applicant met) and  it is not 
known whether or not his commander was aware of this evidence or took it into consideration when deciding 
to  offer  the  applicant  the  Article  15.  The  Board  also  noted  the  applicant  had  approximately  6  months 
remaining before completion of his current term of enlistment.  Nonetheless,  the Board does not condone the 
fact that the applicant was late in repaying his American Express bill and the other minor misconduct. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by  an Honorable discharge under the provisions of Title  10, 
USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Elmendorf AFB, AK on 1 Apr 99 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions).  Appeals 
for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 25 Jul 74.  Enlmt Age: 21 0/12.  Disch Age: 24 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-62,  G-72,  M-72. PAFSC: 2A353A -  Tactical Aircraft 
Maintenance Journeyman. DAS: 26 Nov 97. 

b.  Prior Sv:  (1) AFRes 3 Aug 95 -  10 Oct 95 (2 months 8 days) (~nactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Oct 95 for 4 yrs. Svd: 3 Yrs 5 Mo 21 Das, all AMS. 

b.  Grade Status:  A1C  -  10 Feb 99 (Article 15, 10 Feb 99) 
c .  Time Lost :  None. 

d.  Art 15's:  (1) 10 Feb 99, Elmendorf AFB, AK -  Article 86.  You did, on 
or about 14 Jan 99, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to AlC.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 16 DEC 98 -  Dereliction of duty. 

LOC, 03 DEC 98 -  Failure to return a late AAFES rental 

video. 

LOR, 09 NOV 98 -  Failure to attend mandatory training. 
LOR, 08 JUN 98 -  Dereliction of duty. 
LOR, 13  MAY 98 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 11 Oct 95 -  10 Jun 97  Langley AFB 

3  (Initial) 

11 Jun 97 -  10 Jun 98  Elmendorf AFB  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (3) Yrs  (8) Mos  ( 0 )   Das 

TAMS:  (3) Yrs  (5) Mos  (21) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Oct 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   Response to Administrative Discharge. 
3. Three Letters of Reprimand. 
4. Letter of Counseling, 3 Dec 98. 
5. Letter of Reprimand, 16 Dec 98. 
6. Article 15. 
7. Four Letters of Support. 
8. Financial Statement. 
9. Memorandum For 54 FS/CC, Article 15 Action 
10. Skill Waiver. 
11. Five Training Certificates. 
12. Two Certificates of Recognition. 
13. Letter of Appreciation. 
14. Certificate of Appreciation. 
15. Three Training Certificates. 
16. Certificate of Appreciation. 

7.  SUPPORTING DOCUMENTS  (X as applicable) (Please print name and Social Security Number on each document.) 
- - -  

WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

1 
t ---; 
X  ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION: (Continoe on a plain sheet of paper if more space is needed.) 
b---'---------------------------------------------------------------------------------------- 
a.  DOCUMENT 1: 
I Letter to Review Board (2 pages) 
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
b.  DOCUMENT 2: 
Copy of Response to Adminastrative Discharge (2 pages) 
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c.  DOCUMENT 3: 
Copy of Letter Of Reprimand (dated m y  13,1998) 
.-------------------------------------------------------------------------------------------- 
8.  ISSUES 

(more attached) 

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The Board will consider any issue submitted by you prior to closing the case for deliberation.  The  Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 
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(  -WJnywas I given axskill level waiver"toinspectinhkes andtorefirel jetsif lwas-&a 

badAirman?- - - - - - - - - - - - -  ( 

( 

9.  CERTIFICATION 

1  I PREVIOUSLY SUBMITED AN APPLICATION ON (Fnter date) 

: I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 
: AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDrrlONAL ISSUES. 
j  THE ABOVE l W E S  SUPERSEDE ALL  PREVIOUSLY SUBMITED. 

t 1111 
t - - - A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
w both.) I . . . . . . . . . . . . . . . . . . . . .  

NAVY& MARINE CORPS 

a.  DATE PYYYMMDD) 

20041010 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement. (U. S. Code,  Title 78, Section  700 7, provide5 that an indjvidual shall be fmed under this title or imprisoned not more than 5 years, 

ARMY 

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
I 
Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http://arba.army.pentagon.mil)  :  20374-5023 
DD FORM 293, DEC 2000 

: 
I Naval Council of Personnel Boards i 
1  720 Kennon Street, S.E. 
I  Rm. 309 (NDRB) 
: Washington Navy Yard,  DC 

: SAFIMIBR 
:  550-C Street West,  Suite 40 
: I  Randolph AFB, TX  781 50-4742 : Washington,  DC  20593-0001 

COAST GUARD 
i 
: Commandant (G-WPM) 
: 2100 Second Street, S.W. 

................................ 
ADDRESS BELOW 

AIR  FORCE 

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Page 2 of 4 Pages 

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To the ~ e v i e w  Board, 

This letter is being sent to you in regards to the unjust actions that were held against me at my last duty 

assignment. I have come to terms with the dismissal fiom the Air Force, but I have not come to terms with the steps 
piior to and final outcome of it These actions caused a dismissal and a "GenerdDischarge".  "UnderHonorable 
Conditions" is a good thing, but there are a few things that are unavailable to general discharges. The Montgomery 
G.I.  Bill is one of those issues. I paid into the G.I.  Bill and was never able to use or received any benefits. Another is 
fiee tuition in the State of Connecticut. AU State of Connecticut Colleges offer fiee tuition to veterans with 
'Wonorabie .Disc&arges". -I a n  -intending on ernolkg 6efm tfie spring semester, and would like to use 60th 'ofthese 
tools. I have made die decision to make big changes m my life. After a rough divorce and custody bade over my two 
kids, k is in my best interest to refttrtl to school for a higher education. Which was &e inteat when I signed up for rhe 
G.T. Bin. 

T b e ~ t s t h a t I a g l ~ ~ m a k a ~ e ~ d w e r e f h e e x a c t s t e p s t a k e n t o w a r d m y d ~ s s a l . ~  

3 years aod 6 wrrths of 
expiarmtioris will ~~y 
my original enlistment of 4 years. I loved being an F-15 Crew Chief. Nothing satisfied me more than seeing my jd 
leave the ground, land, and then have the pilot says, "Great jet Chief, thrh". 

helgrym see that Idid mtdesa-ve a general did-. 

1 s

d

 

At Langley AFB, my first duty station, I had no difficulties. I received the "Golden Boh Award" for finding 

F.O.D. (foreign object damage) on the flight line. I had volunteered for almost everything, TDY or volunteer work, 
the entire time in the service. Once I had to get 3 LV. bags across 2 days for dehydration, and I ended up missing the 
TDY to Nellis AFB. Another time, when we were generating jets to go over to the desert, l hit my head on a missile 
i3n and had to get 7 stitches. After a year I put in for an overseas tour to England, Germany, and Alaska. In the 
meantime I deployed with my squadron to Sau& Arabia for ~~&tion,Southern Watch. Within the first 48 there, I 
lost my grandmother to heart attack, and was shipped back for 2 weeks. Within a month after returning to Saudi 
Arabia I received my orders, to EImetrdcrrEm. I requested them to push hck.my 
so I can f?nish the 
deployment and stili have time to move. Which was granted. 

I arrived there abolrt the end of No-r 

97. The first 6 months were a little 5#35@i- 

F had to stay in an 

 child was on they way, after having lost 3 in 

off-base Aokl because there was nothing mailable o n - h e .  M y  h t
early pregn;incies.  To add to tbe stress I saw airman bekg discharged early, .and others king pracesed fix 
&Amgc.  Sane u f h  w3.h fruxrmbIe, sbmc with &~hwa-le. It seemed to me that the reasan tvehhirrd  was 
that airmen are classified from the start. You had two choices. You accepted things the way they ware and took 
chance of being discharged or. you- did a lot of sucking up and kissing butts to avoid that. I never tried to be someone 
I am not. I was an airman there to defend and serve my country. Being fiends was supposed to be an added extra 
bonus. Not a demand.  One particular person who took extreme measures was MSgt F, the flight Chief of TAMS B 
flight. He was on a power trip. I came to this conclusion because he always kept a stack of Pizza Hut applications in 
his desk drawer wih aiman's names on it that he didn't  like. Some of the airmen names on the applications were the 
ones being discharged at the time. He made sure that everyone knew that he sends all of his "rejects" to Capt. 
at the Area Defense Counsel for discharge. I do not disagree that that none of the L.O.C.'s  or L.O.R!s 
were not of merit, but will state that they were compiled for the reason of discharge. But there is an explanation for 
ev-g. 

I received 

So, in order of receipt; here is the paper mil for an "easy  target;'. 
.  . 
13 May 98 - Lettet of Reprimarid - Failure of payment  to M

X

 bill in time@ marrim- Tfie bill was paid, 
but T20-bays late. This was used for the PCS'to Elmendorf, and was o m  charged. My squadron Commander was 
p M  with fhe fact that I paid if  but dissatisfied with the timely fashion. 

08 Jm 98 - Lattw of Reprimand & a UIF entry - Failurg to document aircraft fonns. I was only one ofthe, 

d least, h e  people working on that jet all day lung, and I was the h e s t  r d c d  f was on a ES/CGB change utit 
when then tanks were install and no one wrote them up after installation. Even after all of day shift had gone and I 
was leaving 2 hours after them. MSgt K, who worked directly with MSgt F, and they were Eends, wrote the 
paperwork out. Neither one of them liked me, as a person or an airmen. 

09 Nov 98 - Letter af Reprimand - Failure. to go to- prescribed place at prescribed- time. I don't remember 

this one. The only thing I do h o w  is that it was a month after the difficult pregnancy for my son. There were a lot of 
appointments to go to.  MSgt F was behind this one. He was actually sitting in Lt S's office when they called me in 
there for this. 

03 Dec 98 - Letter of Counseling - Failure to return Video Rental to AAFES. I had already returned the 

video and paid the late fees. 

16 Dec 98 - Letter af Reprimand - Not wearing double hearing protection on the flight line while aircraft 
engines was running. There is a 1 1 1  statement enclosed about this subject and this is the same statement that was 
made in my defense. f feel that f was in the wrong place at the wrong time. TSgt L wrote me up for this but only after 
MSgt K and MSgt F told him that he had to. SMSgt B had a hand in it as well. He was the Flight Super and he 
though thal rwas too "cockJr- He has actuaIIy said this to my face. 

10 Fel, 99 - Article 15 - F a m e  10 go to presciibed place at prescfibed fime:I'believe 

that fhe issue was 2 
NCOs word against mine. There was 4 different times thrown at me by 4 different people. By this time 1 was just an 
easy target. MSgt F and my immediate supervisor, TSgt J, were together on this and I have documents to support 
this. 

I am not suggesting my of h

e

 are false, but as awhole they to make me think I was labeled as a 

troublemaker and an outsider. I even got bigger attitudes from the NCOs in the squadron after I missed my CJR. 
They felt as if f didn't like the Air Force or them. I have made lots of other fiiends and acquaintances outside of my 
squadron and have come to my defense in this matter. The following are some of the things I have done in and out of 
the squadroa 

1. I passed my CDC's on the first try, and within five months of arriving at Langley AFB. 
2. I received the Golden Bolt Award from the 1st Fight Wing at Langley AFB. 
3.1 received the Outstanding Unit Award at Langley AFB. 
4. I went to Saudi Arabia and earned the Air Force Expediticmary Medal while at Langiey AFB 
5.1 volunteered for Ehendorf AFB while at Langley AFB 
6.1 received a t&r  of Appreciation from the 3rd wing Group %r behg oa the B.A.S.H. Team 
(bird aircraft strike team), which I volunteered for at Elmendorf AFB. 
7.1 vctluntetrd fw the 3rd O.G.  Self Help Team on Ehtndorf AFB. 
8. I w l m e d  offduty f o r B i g - B m  arid Big-Sisters and tfre ARC of Amhaage in 
Anchorage, AK while at E h d o r f  AFB. 
9.1 valunteered to stand watch af an F- 15 ckuing the Veteran's Dinner at E h m M  AFB 
10. I volunteered to cook hamburgers and hotdogs for the squadron during the Air Show at ElmendorfAFB. 
1 1. I helped refurbish the squadrons support section at Elmendorf AFB. 
12. I volunteered to work in the Can Dock at ElmendorfAFB. 

I did not want to fight the proceedings f a  discharge because there was no way to change the squadron I was 
assigned to, nor did I want to stay in and have something more severe come about to merit a Dishonorable discharge. 
Many of the people that f have presented this case to,  veterans and civilians, have questioned the facts, and believe 
that someone there might not have thought of me as an airman with integrity and honor. I think that if I was someone 
without those characteristics that I would have been in trouble long before Elmendorf AlB. 'l want my integrity back 
along with my rightful discharge of "Honorable". I think that I have earned it. I served my country and I served in a 
com%atant sening. 1 believe that most of fhe things Ixought against me were minor cases and those, in part or in 
whole, do not get me a "General Discharge". 

1 appreciate the time that jron have given to me, and hope that you see that they were taking unjust actions 
against me. If you feel that I was&  unjustly discharged piease return the monies entered into the G.I. Bill by myself, 
as t h y  will k i p  a W e  with the cost of tuition. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 54 FS/MAOB (A 1 

FROM:  54 FSICC 

SUBJECT:  Notification Memorandum 

FEB 2 3  1999 

1.  I am recommending your discharge from the United States Air Force for misconduct based on 
minor disciplinary infkactions.  The authority 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, general, or under other than honorable conditions. I am recommending your service 
be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 14 Jan 99, you failed to go at the prescribed time to your appointed place of 

duty.  For this offense you received an Article 15, dated 27 Jan 99, and an Unfavorable 
Information File (UJF) entry and were reduced to the grade of airman first class with a new date 
of rank of 10 Feb 99. 

b.  On or about 15 Dec 98, you were derelict in the performance of your in that you failed to 

b?-' 

wear appropriate hearing protection while in the vicinity of an aircraft whose engines were 
running, as it was your duty to do.  For this offense you received a Letter of Reprimand (LOR), 
dated 16 Dec 98. 

c.  On or about 2 Dec 98, you were derelict in the performance of your duty in that you failed 

to return an AAFES rental video on the agreed upon date, after receiving three delinquency 
notices, as it was your duty to do.  For this offense you received a Letter of Counseling (LOC), 
dated 3 Dec 98. 

d.  On or about 9 Nov 98, you failed to go to your appointed place of duty.  For this offense 

you received a LOR, dated 9 Nov 98, and a UIF entry. 

e.  On or about 2 Jun 98, you were derelict in the performance of your duty in that you failed 

to document on the aircraft forms that you had installed two external wing he1 tanks and you 
failed to install all hardware, as it was your duty to do.  For this offense you received a LOR, 
dated 8 Jun 98, and an UIF entry. 

f.  Between on or about 1 Nov 97 and on or about 1 Apr 98, you were derelict in the 

. 

performance of your duty in that you failed to pay your government American Express bill, as it 
was your duty to do.  For this offense you received a LOR, dated 13 May 98, and an UIF entry. 

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 are 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 any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military 
you.  I have made an appointment for you to consult Cap 
Rrn 330 on  2 ~ f  C&  9 4  
expense. 

1 has been obtained to assist 
-3887, at Bldg 6-920, 

at  0830  . 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 three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority.  - 26 Peb 49 /1130 
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 medical examinations. You must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 24-850, at  SnGP 9 9  on  (7700 
for your first exam, at which time you will be notified of the time for your second exam.  You are 
to refrain from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours, 
prior to examination. Bring eyeglasses (and contact solution if using contacts) if applicable. 
You must be in uniform for these examinations. 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
the Family Support Center at  mAR q q   on 
14 I-f5  . You have also been scheduled 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 2-900 
(People Center), Rm 247 at  26 & 94  on 
. You must be in uniform for 
all appointments. 

l 2 3 D  

L 

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 at your Squadron Orderly Room. 

Attachments: 
1. Article 15,27 Jan 99 
2.  LOR, 16 Dec 98 
3.  LOC, 3 Dec 98 
4.  LOR, 9 Nov 98 
5.  LOR, 8 Jun 98 
6.  LOR, 13 May 98