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PERSONAL APPEARANCE 

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MEMBER SITTING 

ISSUES  A94.06 

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INDEX NUMBER 

HEARING  DATE 

28 Jul2005 

CASE NUMBER 

FD-2005-00005 

Case heard at Washington, D.C. 

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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 

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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. 

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

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TO: 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DK EE WING. 3RD FLOOR 
ANDREWS AFB. MD 20162-7002 

1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00005 

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 did not submit any issues.  The records indicated the applicant received an Article 15 for 
failure to go and for not wearing the required uniform to a mobility exercise.  He received a Vacation action 
under the UCMJ for driving while his license was suspended.  In addition, he received three Letters of 
Reprimand and one Letter of Counseling for misconduct.  The Board did not condone the misconduct, 
although minor in nature, and the fact that the applicant was two months shy of completing his 4 year 
enlistment, and his good EPR's,  decided that an Honorable discharge would be more 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. 

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 

A I R   FORCE  DISCHARGE  REXIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH SrA) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Charleston AFB, SC on 10 Aug 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 20 Jun 80.  Enlmt Age: 20 3/12.  Disch Age: 24 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-67,  G-66,  M-47. PAFSC: 33452 - Liquid Fuel Systems 
Maintenance.  DAS: 23 May 02. 

b.  Prior Sv: (1) AFRes 23 Sep 00 -  2 Oct 00 (10 days) (~nactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  3 Oct 00 for 4 years. Svd: 03 Yrs 10 Mo 18 Das, all AMS. 

b.  Grade Status:  A1C ,-  27 Apr 04 (Vacation of Article 15, 25 Apr 04) 

SrA -  03 Oct 03 
A1C -  03 Feb 02 
Amn  -  03 Apr 01  ' 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Jun 04 -  Vacation, Charleston AFB, SC -  Article 92. 

You, who knew or should have known of your duties, on or 
about 19 June 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from driving while your license was suspended, as-it was 
your duty to do.  Reduction to AlC.  Suspended 
forfeiture of $250 pay.  Fourteen days extra duty. 
(Appeal/Denied) (No mitigation) 

( 2 )   27 Apr 04 -  Charleston AFB, SC -  Article 86.  You, did 
on or about 1 Apr 04, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Article 92.  You, who knew of your duties, on or about 1 
Apr 04, were derelict in the performance of those duties 
in that you willfully failed to wear the required 
uniform to the mobility exercise, as it was your duty to 
do. Suspended reduction to A1C and Suspended forfeiture 
of $250 pay.  Fourteen Days extra duty. (Appeal/Denied) 
(No mitigation) 

e.  Additional: LOR, 25 SEP 03 -  Failed dormitory room inspection. 

LOR, 25 SEP 03 -  Failure to go to appointed place of duty. 

LOR, 01 OCT 02 -  Dereliction of duty. 
LOC, 17 SEP 02 -  Misconduct, failure to obey an order or 

regulation. 

f .  CM:  None. 

g.  Record of SV: 03 Oct 00 ,-  26 Nov 02  Charleston AFB  4  (Initial) 

27 Nov 02 -  07 Jan 04  Charleston AFB  4  (Annual) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (10) Mos  (28) Das 
TAMS:  (03) Yrs  (10) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Dec 04. 

(Change Discharge to Honorable) 

Issue 1:  NO ISSUES SUBMITTED. 

ATCH 
1.  Printout w/DD Form 2366-1, GI Bill Benefits. 
2.  Two copies of DD Form 214. 
3.  Notification Memorandum. 
4.  Notification Acknowledgement. 
5.  E-Mail. 
6.  Response to offer of Nonjudicial Punishment Proceedings. 
7.  Copy of Desert Beef Patch. 
8.  Two Certificates of Appreication. 
9.  Armed Forces Expeditionary Medal. 
10. Superior Performance Certificate. 
11. Superior Performer Congratulatory Letter. 
12. Three vehicle repair receipts 
13. Two copies of Promissory Notes. 
14. Photo of tatto removed. 
-15. Letter of Counseling. 
16. Comments concerning Letter of Counselling. 
17. Response to Letter of Reprimand. 
18. Noted from First Sergeant's Desk. 
19. Response to Letter of Reprimand. 
20. Two letters of Support. 
21. Letter of Reprimand. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 437TH AlRLm  WING (AMC) 

MEMORANDUM FOR  A1 C 

437 CES 

FROM:  437 CESICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct: 
Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.49.  If my recommendation is approved, your service may be 
characterized as an Honorable-Discharge, Under Honorable Conditions (General) Discharge, 
or an Under Other Than Honorable Conditions Discharge.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 1 Apr 04, you failed to go to your appointed place of duty.  Moreover, on 
1 April 2004, you were derelict in the performance of your duties in that you willfully failed 
to wear the required uniform to your mobility exercise. For these offenses, you received an 
Article 15, dated 3 May 04 (Attachment A); 

b.  On or about 19 Sep 03, you failed to go to your appointed place of duty.  For this 

misconduct, you received a Letter of Reprimand, dated 25 Sep 03 (Attachment B); 

\ 

c.  On or about 17 Sep 03, you failed your dormitory room inspection.  For this 
misconduct, you received a Letter of Reprimand, dated 25 Sep 03 (~ttachment C); 

d.  On or about 29 Aug 02, it was determined that you had placed a tattoo on your neck. 

This action is in violation of AFI 36-2903 and is punishable as failure to obey an order or 
regulation, under Article 92 of the UCMJ.  For this misconduct, you received a Letter of 
Counseling, dated 13 Sep 02 (Attachment D); and 

e.  On or about 24 Sep 02, you were derelict in the performance of your duties by 

willfully giving a false official statement to your First Sergeant.  You told them that you 
performed your bay orderly detail, when in fact; you obtained leave instead of performing 
your detail.  For this misconduct, you received a Letter of Reprimand, dated 1 Oct 02 
(Attachment E). 

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 United 
States Air Force and, if you are discharged, how your service will be characterized.  If you 

AMC-GLOBAL REACH FOR AMERICA 

are discharged, you will be ineligible for reenlistment in the Air Force and any special pay, 
bonus, or education assistance h d s  may be subject to recoupment.  The separation 
authority will make the findings and recommendations required under 10 U.S.C.  Section 
2005(g). 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to 
fense Counsel, 
ours.  You may 

5.  You have the right to submit statements in your o 
the separation authority to consider must reach me by$%fGuf 
request and receive an extension for good cause shown.  I willvsend them to the separation 
authority. 

2604  , unless you 

y statements you want 

6.  If you fail to consult legal counsel or to submit statements in your own behalf, your 
failure will constitute a waive 

7.  You have been scheduled 
Group, Hill Blvd, today 

n.  You must report to 437th Medical 
hours for the examination. 

8.  You have been sche 
August 2004, at 1000 hours in the Family Support Center, Bldg 255. 

n 6 

9.  You have been scheduled for a separation briefing on 2 August 2004 at 1500 hours, at 
Personnel Relocations, Bldg 503. 

10. 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 the unit orderly room. 

11.  Execute the attached aclcnowledgrnent and return it to me immediately. 

Commander 

Attachments: 
A.  AF Form 3070, dated 3 May 04 
B.  LOR, dated 25 Sep 03 
C.  LOR, dated 25 Sep 03 
D.  LOC, dated 13 Sep 02 
E.  LOR, dated 1 Oct 02 
F.  Receipt of Notification Memorandum 
G.  Airman's  Statement (Optional) 
H.  Recoupment Statement