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AIR FORCE DISCHARGEREVIEW 

BOARD HEARING RECORD 

NITIAL) 

- 
TYPE GEN 
. >''%@'@ 
YES 

'@ 
No 
X 

PERSONAL AY~I~AKANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

I  RECORDREVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

INDEX NUMBER  A67.10 

AEARlNG DATE 

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CASE NUMBER 

Case heard at Washington, D.C. 

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EXUIBFIS SUBMITL%D TO THE BOARD 

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

1 
-4 
- 

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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. 

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

TO: 

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SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00034 

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:  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 does not contest his discharge.  He states that he wants an upgrade in order to be eligible 
for a government job.  The records indicated the applicant received an Article 15 for stealing over 44 liters of 
gas.  In addition, he received four Letters of Reprimand and one Letter of Counseling for being late for duty, 
failed  to  shave,  failed  to  go  and  for  assaulting  his  roommate.  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 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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr McGuire AFB, NJ on 28 Sep 01 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary ~nfractions) .  Appeals 
for Honorable Discharge. 

2 .  BACKGROUND : 

a. DOB: 6 Aug 78.  Enlmt Age: 17 11/12.  Disch Age: 23 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-48,  G-37,  M-35. PAFSC: 8M000 -  Postal Specialist. DAS: 4 
Apr 98. 

b.  Prior Sv:  (1) AFRes 23 Jul 96 -  12 Nov 96 (3 months 21 days) (Inactive). 

(2) Enlisted as AB  13 Nov 96 for 4 years.  Extended 2 Jun 99 
for 5 months.  SVD:  03 Yrs 07 Mo 03 Das, all AMS.  A m  -  13 May 97, A1C -  13 Mar 
98, SrA 13 Nov 99.  EPR:  5,3,4 (Referral),3 (Referral). 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 16 Jun 00 for 4 years. Svd: 01 Yrs 03 Mo 13 Das, all 

AMS . 

b.  Grade Status:  A1C -  21 Jul 00  (Article 15, 21 Jul 00) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Jul 00, Rhein Main AFB, Germany, Article 121.  You 

did, at or near Marburger Strasse 229, 35396 Giessen, on 
or about 8 Jun 00, steal approximately 44.84 liter of 
gas, of a value of about DM 94,10, the property of Aral 
Gas Station.  Reduction to A1C and restriction to Base 
for 14 days.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 25 JUL 01 - Assaulted Roommate. 

LOR, 29 MAY 01 -  Failed to Go. 
LOR, 30 APR 01 -  Late to Duty. 
LOR, 30 APR 01 -  Failed to Maintain Shaving Standards. 
LOCI 06 APR 01 -  Late for Duty. 

f.  CM:  None. 

g.  Record of SV: 03 Aug 00 -  04 May 01  Rhein Main AE  3  (Cmdr Dir) REF 

h.  Awards &  Decs:  AFAM, AFOUA, AFOEA W/2 BOLC, AFTR, AFLSA, AFGCM. 

i.  Stmt of Sv:  TMS: (05) Yrs  (02) Mos  (05) Das 
TAMS: (04) Yrs  (10) Mas  (14) Das 

4 .   B A S I S   ADVANCED  FOR  RJWIEW:  Appln  (DD Fm 293) dtd 19 Jan 05 

(Change Discharge to Honorable.) 

Issue 1:  The reason for requesting an upgrade is so I can be eligible for a 

government j ob . 

ATCH 
1.  DD Form 214. 

(I- 

, 

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': 
DEPARTMENT OF THE AIR FORCE 

. 

DET 1, USAFE AIR POSTAL SQUADRON (USAFE) 

AUG  1 7  XI01 

FROM:  Det 1, USAFE AIRPS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32, Military Retirements and Separations, 
and AFI 36-3208, Administrative Separation ofAirmen, Chapter 5, Section H, paragraph 5.49. 
If my recommendation is approved, your service will be characterized as honorable or general. 
I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 21 Jul00, you received Nonjudicial Punishment under Article 15, UCMJ, for the 

offense of larceny of gasoline (Atch 1). 

b.  On 6 Apr 01, you received a Record of Individual Counseling for failure to go to your 

place of duty at the time prescribed (Atch 2). 

c.  On 1 May 01, you received a Letter of Reprimand @,OR)  for failure to maintain shaving 

standards (Atch 3). 

d.  On 1 May 0 1, you received a second LOR for failing to go to your place of duty at the 

time prescribed (Atch 4). 

e.  On 29 May 01, you received an LOR for failing to go to your appointed   lace of duty 

(Atch 5). 

f.  On 25 Jul01, you received an LOR for being involved in an altercation (Atch 6). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The CoMander 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 and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
you.  I have made a telephonic appointment for you to consult Captain 
Counsel, 480-2182, at 0900 hours on 20 August 200 1.  You may consult civilian counsel at 
your own expense. 

Area Defense 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 2 A  Ae.9  200 1 unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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

7.  You have been scheduled for a medical examination.  You must report to the 469th Air Base 
Group Clinic, Physical Exam Section, at 0730 on 22 August 2001, for the examination. 

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 the unit orderly room. 

Attachments: 
1.  Art  15, dated 21 Jul00 
2.  Record of Individual Counseling, dated 6 Apr 01 
3.  LOR, dated 1 May 0 1 
4.  LOR, dated 1 May 01 
5.  LOR, dated 29 May 01 
6.  LOR, dated 25 Jul0 1 
7.  Receipt of Notification Memorandum 
8.  Airman's  Statement 
9.  Recoupment Statement