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AIR FORCE DJSr'lARGE  REVIEW BOARD HEARING RECORD 

TYPE GEN 

1 ' 2&ah@%84  NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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ADDRESS AND OR ORGANIZATION  OF COUNSEL 

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ISSUES  A93.09 

LNDEX NUMBER 

Ah7.90 
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BEARING DATE 

21 Jul2005 

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CASE NUMBER 

FD-2004-00494 

Case heard at Washington, D.C. 

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

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. 

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

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I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 7% 150-4742 

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

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00494 

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

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 does not contest his discharge.  He states that he started having problems at home and it 
caused him to  have problems with the people he was working with.  The records indicated the  applicant 
received two Article  15s for being derelict in the performance of his duties, failure to obey a lawful order, 
and  for wrongfully using Flexarill and Vicodin.  In  addition, he also received a Vacation action under  the 
UCMJ, two Letters of Reprimand, one Record of Individual Counseling, a Letter of Admonishment, and a 
verbal  counseling  for  various  acts  of  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. 

In view of the foregoing findings the Board hrther 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 SrA) 

MISSING DOCUMENTS 

1.  MATTER UNDER REXIEW:  Appl rec'd a GEN Disch fr Lackland AFB, TX on 8 May 02 
UP AFI 36-3208, para 5-50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Jul 80.  Enlmt Age: 18.  Disch Age: 21 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-60,  E-52,  G-53,  M-23. PAFSC: 4C051 - Mental Health Service 
Journeyman. DAS: 24 Jul 99. 

b.  Prior Sv:  (1) AFRes 10 Aug 98 -  9 Feb 99 (6 months) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 10 Feb 99 for 4 years Svd: 3 Yrs 2 Mo 29 Das, all AMS. 
b.  Grade Status:  AB  -  11 Mar 02 -  (Article 15, 11 Mar 02). 

A1C -  12 Dec 01 -  (Vacation of Suspension, 31 Jan 02). 
SrA -  10 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Mar 02 -  Lackland AFB, TX -  Article 112a.  You did, 

between on or about 22 Dec 01 and on or about 25 Dec 01, 
wrongfully use Flexarill and Vicodin.  Article 86.  You 
did, on or about 22 Feb 02, without authority, fail to 
go at the time prescribed to your appointed place of 
duty. Reduction to the grade of E-1. (No appeal) (No 
mi tigation) 

(2) 31 Jan 02 -  Vacation, Lackland AFB, TX -  Article 92. 
You, who knew of your duties, on or about 17 Jan 02, 
were derelict in the performance of your duties in that 
you willfully failed to refrain from smoking tobacco 
products, lighting incense, and maintaining dormitory 
hygiene standards, as it was your duty to do.  Reduction 
to the grade of E-3. (No appeal) (No mitigation) 

(3) 12 Dec 01 -  Lackland AFB, TX -  Article 92.  You, who 

knew of your duties, from about 13 Nov 01 to 17 Nov 01, 
were derelict in the performance of those duties as 
specified in AFI 31-204, para 3.2, in that you willfully 
failed to have current registration and insurance on 

your vehicle ,  as it was your duty to do.  You, having 

a lawful order issued by SSgt 
t: do not drive your car until 

purchased a vehicle registration and insurance, an order 
which it was your duty to obey, did, on or about 17 Nov 
01, fail to obey the same by wrongfully operating your 
vehicle without current vehicle registration or 
insurance.  Suspended reduction to E-3. Forfeiture of 
$653.00 pay per month for 2 months, restriction to base 
for 30 days and a Reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR -  07 Sep 01 -  Had expired vehicle registration and was 

not wearing seatbelt while trying to 
enter base and issued a traffic citation. 
LOR -  11 Jun 01 -  Failed to attend the CHCS training class 

for the third consecutive time.  And 
missed a scheduled Physical Health 
Assessment appointment.  Fifth missed 
appointment in one month. 

10 Jun 01 - Traffic Citation for expired registration 

and not wearing seatbelt. 

RIC -  10 Jun 01 -  Failed to attend the rescheduled CHCS 
training class and failed to show for 
safety briefing prior to departure on 
leave.  Also failed to attend mandatory 
promotion ceremony. 

LOA -  28 Dec 00 -  Went out to the parking lot and smoke 

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area without a hat and showed disrespect 
toward your First Sgt, by smirking and 
not staying at the position of attention 
when told to do so. 

VBC -  20 Dec 00 -  Failed to wear ribbons on his blues as 

required and was disrespectful and 
insubordinate towards supervisor. 

f.  CM:  None. 
g.  Record of SV: 10 Feb 99 -  15 Jul 00  Lackland AFB  3  (HAF  Dir) 
16 Jul 00 -  15 Jul 01  Lackland AFB  3  (Annual) 
16 Jul 01 -  05 Apr 02  Lackland AFB  1  (CRO) REF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (08) Mos  (29) Das 
TAMS: (03) Yrs  (02) Mos  (29) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Dec 04. 

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

for Discharge. ) 

Issue 1:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1 -  Applicant's  Issues. 

To Whom Lt P&j  Corn 

Ide*sfetterinr-towy+ddi&gefiorntbeairfm=1 

joked 

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The a t m y  whmi I got out of %gh &oi 

iii 19%-  whei~ I got out of bask b&kg  I 

Was Stationed at Lack L a d  AFB Sm Antonio TX. f was adapting -11 

to the nifitary 

Lifestyle, and did quite well for the f h t  two years. 1 then started having problems with 

home and it Caused me to have problems vcifith_e  p p I e  f was working with. I simply 

had a Iat rn My plate and I couldn't  deal with it at the time. 1 even went ta eomding 

far my Problems but I was already on the way crut the dam. I was discharged an May 28 

02 Serving for 3Yrs 4Months of my enlistment. Since my discharge I have struggled with 

The Fact that 1 wasn't able to finish. I have Ieamed so much h m  that experience that 

now Is my time to clo something about it? I have learned from this and am ready to 

conthe OR With my life I w d d  like my type of dkhmge changed fram G

d

 Under 

Hamdle- to a fidl Kanodle. The reasam far the rapest ta change my discharge are to 

continue with my education though the GI Bill which I paid into when i entisted. I dso 
would- like to come back tothe Armed Fotces . We dl make Mistakes we're  human. but it 

Is what we do when we realize the mistake that makes us who we are? 

,.""  " 

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DEPARTMENT 
WILFORD HALL R! 

L A ~ K L A  

D F  THE AIR FORCE 
EDICAL CENTER (AETC) 
v~ A ~ T E X A S  

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MEMORANDUM FOR 

FROM:  59 MDOS/CC 

$ 

SUBJECT:  Notification Memorandum 

1 l APR 2002 

1.  I  am  recornrnending- your  discharge  fro 
Misconduct, specifically, Conduct Prejud 
this  action is  AFPD  36-32 and  AFI  36-2 
approved, your  serviqe  will  be  character 
Honorable.  I am recommending your serv 

n  the  United  States  Air  Force  for  a  Pattern  of 
cia1 to Good Order and Discipline.  The basis for 
208,  paragraph  5.50.2. - If  my  recommendation is 
zed  as Under Honorable  Conditions (General) or 
ce be characterized as General. 

2.  My reasons for this action are: 

a.  On  or about 6 Dec 00, you  were told 
ribbons for an inspection on 7 Dec 00.  C 
When  questioned by  your  supervisor  yo 
result, you received a Verbal Counseling d 

)y your supervisor to wear your  blues with tie and 
n  7 Dec 00 you reported to work without ribbons. 
1 became  disrespectful  and  insubordinate.  As  a 
tted 20 Dec 00. 

b.  On  or about 11 Dec 00, you  went  ou 
Upon questioning by your First Sergeant, : 
not staying at the position of  attention whl 
of Admonishment dated 28 Dec 00. 

to  the parking lot and smoke area without a hat. 
ou were disrespectful toward him by smirking and 
:n told to do so.  As a result, you received a Letter 

c.  On or about 10 Jun 01, you were stoppe 
registration and not  wearing your seatbelt. 
Ticket, DD Form 1408, dated10 Jun 01. 

d by a Security Forces patrol for having an expired 
As a result, you received a Armed Forces Traffic 

d.  On or about 23 May 01, you failed to at 
rescheduled once due to a no  show.  The 
your safety briefing prior to your departure 
the mandatory promotion ceremony recog 
As a result, you received a Record of Indiv 

.end the CHCS training class that had already been 
I, on  or about 24 May 01, you  failed to  show for 
on leave. ,Also, on 31 May 01 you failed to attend 
lizing you  for your  promotion to Senior Airman. 
dual Counseling AF Form 174 dated 10 Jun 01. 

e.  On or about 6 Jun 01, investigation disc 
your duties, to wit:  you were scheduled fc 
third consecutive time. Further investigatic 
Health Assessment appointment on 8 Jun ( 
month.  As a result, you received a Letter o 

losed that you were derelict in the performance of 
r a CHCS class, which you failed to attend for the 
n disclosed that you  missed a scheduled Physical 
1.  This was your fifth missed appointment in one 
' Reprimand dated 1 1 Jun 01. 

f.  On or about 25 Jun 01, investigation dis 
your duties, to  wit:  you had an expired vc 
while trylng to enter the base.  At  that tir 
base without proper registration and reminc 
the state of Texas at all times and you were 
a Letter of Reprimand dated 7 Sep 01. 

:losed that you were derelict in the performance or 
hicle registration and were not  wearing a seatbelt 
le  you  were  ordered not  to  drive your  vehicle on 
ed that seatbelt usage is mandatory on base and in 
issued a traffic citation.  As a result, you received 

g.  You,  who  knew  of  your  duties at  o 
13 Nov 01 to about 17 Nov 01, were de 
in Air Force Instruction 
have current registration and insurance 
having knowledge of  a lawful order i 
your car until you have purchased a 
your duty to obey, did, at or near L 
to obey the same by wrongfully o 
insurance.  As a result, you recei 
suspended reduction  to 
months, a restriction to Lac 

Lackland  Air Force Base, Texas, from about 
n the performance of  those duties as specified 
, dated 14 Jul 00, in that you  willfully failed to 
uty to do.  Also, you, 
to  wit:  do not drive 
order which it was 
ase, Texas, on or about 17 Nov 01, fail 
without current vehicle registration or 
d, 19 Dec 01.  Your punishment was a 
of  $653.00 pay  per  month  for two 
for 30 days and a reprimand. 

h.  You, who knew  of  yo 
17 Jan  02,  were  derelict 
refrain from smoking tobacco products, 
standards,  within  buildin 
received a vacation of yo 

Air Force Base, Texas, on  or about 
uties  in  that  you  willfully failed to 
ng incense, and maintaining dormitory hygiene 
your  duty  to  do.  As  a  result,  you 
de of E-3, dated 31 Jan 02. 

i.  You, did, at or near Lackland Air 
on  or  about  25  Dec  01, wrongfully 
Lackland Air Force Base, Texas, on 
time prescribed to  your place of 
Operations Group, building 
Your punishment was a 

3.  Copies  of  the  document  to  be 
recommendation are attached.  The 
will decide whether you  will be 
you  will be ineligible for 
any component of the armed forces. 

Texas, between on or about 22 Dec 01 and 

15 dated, 19 Mar 02. 
rank of  11 Mar 02. 

to  the  separation  authority  in  support  of  this 
SPCM jurisdiction or higher authority 
the Air Force.  If  you  are discharged, 
will probably be denied enlistment in 

t 

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4.  Wlitary legal counsel has been  obtained  or you.  I have made an  appointment for you  to 
consult  S~~rcqlllLllllllg at  building  n  ber  1000, on  t \  f w e  o z  at 
hours. 
Instead of the appointed counsel, you may ha 
another, if the lawyer you request is-in the active 
military service and is available as determine  according to Am 51-201. In  addition to military 
counsel, you  have the right to  employ civilia  counsel.  The Air Force does not  pay  expenses 
incident to the employment of  civilian couns  1,  Civilian counsel, if  employed, must be readily 
available. 

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5.  You  have the right to submit statements 
separation authority to consider must reach 
extension for good cause shown.  I will 

your own behalf.  Any  statements you  want  the 
by 3 workdays unless you request and receive an 
m to the separation authority. 

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

7.  You have been scheduled for a medical 
502, on  wv  H - FQ, 
at 
records for the examination. 

t3oe 

You must report to building 6612, rm. 
medical, immunization, and  dental 

8.  Any personal information you furnish in 
copy of AFI 36-3208 is available for your 

uttal is covered by the Privacy Act of  1974. A 
the Commander's Support Staff. 

9.  Execute the attached acknowledgment an 

Attachments: 
1.  Article 15 dated 19 Mar 02 
2.  AF Form 366 dated 31 Jan 02 
3.  Article 15 dated 19 Dec 01 
4.  Letter of Reprimand dated 7 Sep 01 
5.  Letter of Reprimand dated 11 Jun 01 
6.  AFForm 174dated 10 Jun01 
7.  DD Form 1408 dated 10 Jun 0 1 
8.  Letter of Admonishment dated 28 Dec 00 
9.  Verbal Counseling dated 20 Dec 00