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NARlE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE HON 

IX 

PERSONAL APPEARANCE 

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RECORDREVIEW 

ADDRESS AND O R  ORGANIZATION O F  COUNSEL 

- 

MEMBER SITTING 

X 

X 

X 

X 

X 

ISSUES  A94.05 
A01.51 

MDEX NUMBER 

A67.10 

I 

HEARLNG DATE 

C W E  NUMBER 

1 
2 
3 
4 

EXHIBITS SUBMlTTED TO THE BOARD 

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 

TAPE RECORDING OF PERSONAL APPEARANCE 

27 Oct 2005 
AI'I'I  ICAKl"S  ISSLZ AND THE  B O W S  LIECISIONAL RATIONN.  ARE DISCUSSED ON T I E  ATlACIIED AIR  lORCE DISCILARGE REVlt\V BOARU DECISIONAL  KATlOh't.li 

FD-2005-00094 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

1  SIGNATURE O F  RECORDER 

,,a@J&& 

1  Tn. 

I  FROM: 

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

SECRETZRY O F  T l l F  ZLH  FORCE PEKSOKRFL COl'hCIL 
.AIR FORCE  D I S C W R G F  HEVIEW  RO.\HI) 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

1 

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1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00094 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 27 Oct 2005. 

The attached brief contains available pertinent  data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge and change of reason and authority for discharge 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. 

ISSUES: 

Issue  1.  The  applicant  contends  he  was  never  considered  for  probation  and  rehabilitation  (P&R).  The 
commander's  order directing discharge shows he considered (P&R) but decided it was not appropriate.  The 
records  indicated  the  applicant  received  an  Article  15, a vacation  action, four  Letters  of  Reprimand,  five 
Records  of  Individual  Counseling,  and  two  Memorandums  for  Record  for  misconduct.  His  misconduct 
included failure to go, failure to adhere to safety standards on numerous occasions, failure to meet uniform 
standards,  leaving  a passenger  bus  unattended  while  still  running,  threatening  language  towards  a  fellow 
airman,  driving  with  a  suspended  driver's  license,  operating  a  radar  detector  on  base,  failed  to  report  an 
accident  involving  a  government  vehicle,  unprofessional  behavior,  failure  to  obey  lawful  orders,  and 
insubordinate  conduct.  The DRB opined that through these administrative  actions, the applicant had  ample 
opportunities to change his negative behavior. 

Issue  2.  Applicant  contends  discharge  was  inequitable  because  at  the  time  of  discharge  he  was  not 
worldwide  qualified.  The  presumption  of  regularity  dictates  that  the  board  members  assume  that  the 
member's  non-worldwide  qualification was removed  unless the  applicant shows sufficient evidence  that  it 
was not.  There was no evidence presented to the board beyond the absence from the records  of a document 
returning the applicant to a "worldwide  qualified"  status.  This is insufficient  to overcome the presumption 
of  regularity.  Furthermore,  assuming  for  the  sake  of  argument  he  had  not  been  worldwide  qualified,  he 
eventually would have been discharged.  At the most the discharge action might have been "dual  processed" 
to see whether he would receive a medical or administrative discharge.  The DRB is made up of members of 
the Personnel Council, who also make recommendations  on such matters.  There was no doubt for the Board 
members that the applicant would have been discharged for misconduct rather than medically discharged. 

Issue  2.  The  applicant  states  his  discharge  is  not  proper  due  to  statements  in  his  own  behalf  not  being 
properly  presented  to the wing  commander.  While the legal review  incorrectly states the applicant  waived 
his right to submit matters, it  also states that the applicant  submitted  a statement on his own behalf for the 
commander to consider.  The statement  is part  of the discharge record  and there is no indication  it was not 
considered by the separation authority. 

Issue  3.  The applicant  cited his desire to receive the  G.I. Bill benefits  and having to  repay  his  enlistment 
bonus  as justification  for  upgrade.  The DRB  noted  that  when  the  applicant  applied  for  these  benefits,  he 
signed  a  statement  (DD  Form  2366,  on  July  1, 2001)  that  he  understood  he  must  receive  an  Honorable 
discharge to receive future educational entitlements.  Additionally, the member signed enlistment documents 
(AF  Form  3008,  on  March  22,  2001)  stating  he  understood  he  must  complete  his  first  enlistment  to  be 

entitled to the bonus.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The Discharge Review Board  concludes that the discharge was substantially 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.  The  only 
potential  impropriety, the alleged  lack  of worldwide qualification at the time of discharge,  even if true, did 
not prejudice the applicant in terms of the reason and characterization of his discharge. 

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 AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN ~ i s c h  fr Dover AFB, DE on 20 May 03 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Sep 83.  Enlmt Age: 17 5/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-96,  E-96,  G-86,  M-91. PAFSC: 2T231 -  Air Transportation 
Apprentice.  DAS: 27 Nov 01. 

b.  Prior Sv:  (1) AFRes 22 Mar 01 -  16 Jul 01  (3 months 24 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Jul 01 for 6 years. Svd: 01 Yrs 10 Mo 04 Das, all 

-  AMS. 

b.  Grade Status:  Amn  -  26 Aug 02  (Vacation of Suspension, 16 Oct 02) 

A1C -  31 Aug 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Oct 02, Vacation, Dover AFB, DE -  Article 91.  You, 

received a lawful order from SSgt 
a NCO, then known by you to be a NCO, to help the 

other airmen clean up around the terminal, an order 
which it was your duty to obey, did on two occassions on 
or about 2 Oct 02 willfully disobey the same.  Reduction 
to Amn. 

(No appeal) (No mitigation) 

(2) 26 Aug 02, Dover AFB, DE -  Article 86.  You did, on or 

about 1 Aug 02, without authority, fail to go at the 
time prescribed to your appointed place of duty.  You 
did, on or about 7 Aug 02, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Suspended Reduction to Amn.  Must successfully complete 
the Anger Management Class.  Forfeiture if $100.00 pay 
per month for two months.  Restriction to base for 45 
days.  (No appeal) (No mitigation) 

e.  Additional: LOR, 26 MAR 03 -  Driving with a suspended driver's license, 

failing to pay a speeding ticket, 
-operating a radar detector on base, and 
failing to stay in a designated lane. 

LOR, 05 AUG 02 -  Failed to report an accident involving a 

government owned vehicle. 

RIC, 01 AUG 02 - Unprofessional behavior. 
RIC, 28 MAY 02 -  Failure to meet uniform standards. 
RIC, 26 MAY 02 - Threatening Language towards a fellow Amn. 
LOR, 23 MAY 02 - Left passenger bus unattended while still 

running. 

LOR, 08 MAY 02 -  Failure to obey a lawful order and 

insubordinate conduct. 

RIC, 30 APR 02 -  Failure to adhere to safety standards. 
MFR, 16 APR 02 -  Failure to go at the time prescribed. 
RIC, 15 APR 02 -  Failure to adhere to safety regulations. 
MFR, 09 APR 02 -  Counseled on Vehicle safety standards. 

f.  CM:  None. 

g.  Record of SV: 17 Jul 01 -  16 Mar 03  Dover AFB  2  (Initial) REF 

h.  Awards &  Decs:  NDSM, AFOUA, BMTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (28) Das 
TAMS: (01) Yrs  (10) Mos  (04) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 17 Feb 2005. 

(Change Discharge to Honorable.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  AF Form 422. 
3.  Four pages of Medical History. 
4.  Recommendation for Discharge. 
5.  Response to notification Memo. 
6.  Character Reference. 
7.  E-Mail concerning his driver's license. 

.--===- 

RECEIVED 

I 

kt- 

ATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

/Please reed insrmcfiom on Pages 3 m d  4 BEFORE compk?lhg lhk ap@icalion.I 

/ 

Form Approved 
OMB No. 0704-0004 
Exp'ms A U ~  3 1,  2 ~ ~ 3  

TIw pubic ropDrtiw  bu&n  k# Vlb colbction  of  inkmtion i. a s d m t d  0 . V O ( O ~ D   34 rninuim* par raspon%a, includira rh d m  tor  mvmrrirp i n ~ u c t i o n s .  swrchirg nrhliw dntr  %oUrcsz 
and mviewim thm  mllaabn of  inbnrutnn.  Ssnd ( ~ r r r r a n r s  regsdirq this  b u h n  atinon or anv o t h r  a v x r  of  this  colbctior 
gsttmrim mrd rn.iw.n'iw  th. dstm  mudad. md -*tino 
ot i n k m u a m ,  indudha S L Q Q ~ ~ C J U  fu red~xing ttm  burdan,  lo b p n r p n m  of Dntanm. Wmfinglon  Hnadqunrrer~ Services.  Diecbrrab lor  l n f u n ~ t i ~  @s.llon?l md RsporfS 10704-00041, 
Darn H i h w y .  Suilm  1104, brUlgm VA  22202-4502.  Fbwnbnm should be mwmr~ dmt  ntnwirbmrdirg m n v  other  prwismn of  bw,  no pprson  hall be s u b g r  lo any 
1215 k- 
psndty I w  filing m eorrpv with a c d k b  o t  i n h n ' w h  if ic m e  not dilrplw r  c m n t ) y  v o l i  OM0 conbd nvnbor. 
PLEASE w NOT ~

YOUR  FORM TO mE  AWVEADORESS.  AOUFI)( COMPLIXD 

FORM  TO THE APPROPRLATE ADDRESS  ON EIACK  OF MIS  PAGE. 

R

N

 

PRIVACY ACT STATEMENT 

AUTHORITV:  10 U.S.C. 1553; E.O. 9397. 
TIIINCIPAL PURPOSE(S):  To apply l o r  a change In t b  chnracturltatlon or  reason b r  rnllltery dlwharge lssuod to en Indlviduol. 
ROUTINE USE(S1:- None. 
DISCLOSURE:  V o l m r y ;  howrver, laUurr to provide Idenllylng lnlorrnatlon may Impede processing 01 thls appllcatlon.  Tho requost tor 
Soelel Securit~ Number Is strlcUv  to assurm orowr Idmtlllcatlon 01 tho lndlvldual and approprlam records. 
1.  A P P U C ~ ~ D A T A ~ ~ T ~ ~ > ~ S O ~  
m.  BRANCH OF SERVICE rx DIM) 
b.  NAME fL M, I%?.  Middle InttW) 

w k s  drscherge Fro be revrewed).  PLEASE P R l W  OR TYPE INFORMATION. 
ARMY 

( 
I c.  GRADURANK AT DISCHARGE 

I d.  SOCIAL SECUT(IlV NUMBER 

I  x  I AIR  FORCE 

I COAST GUARD 

(  MAWWE CORPS 

( MAW 

1 

I 

I 

I 

6.  LSSUES:  WHY AN UPGfZAW OR CHANGE IS REQUESTED AND JUSTIFICATION  FOR THE REQUEST Illontinus A h m  14.  See ripuuclionc w 

3.1  This Discharge was improper becaus 
Form 422 Dated 04l2412003 and signed by Cap 
only after re evaluation by my doctors.  Accordiog t o  AFI 36-3208 a n  airman must be world wide qualified in order to be 
discharged from the United Svtes Air Force.. 

n I was not worldwide qualified as evedenced by the AF 
e Profile was not due to expire until 06/23/2003, and them 

7 .  IX if 8ppri&I 

AN APPUCATlON WAS PREVIOUSLY SUBMITED ON IWWMMDD) 

AND THIS FORM IS SUBMITTED TO ADD  ADWTlONAL  ISSUES. JUSTIFICATION.  OR EVIDENCE. 

8.  IN SUPPORT OF THIS APPUCATION.  THE FOLLOWlNG ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  ICmfmue in lfm 17. 

IfnWuty daumcnm ol medical recard6 are Mevan? ro  your  case, @ease rend copies.) 

x  CONDUCT A RECORD REVIEW OF MY DISCHARGE WED  ON  MY MILrARY PERSONNEL FILE AND ANY  ADDrDNAl WCUMENTATlOU 
SUBYlTED BY  ME.  I AND/OR I ~ ~ m t a f h e I
I A W W O R  / e r r a ? t a c h 9 )  WISH TO  LLPPEAR AT A HEARING AT UO EXPENSE TO THE  GOVERNMENT BEFORE THE BOAAD IN THE 
WASHINGTON, D.C.  METROWLITAN AREA. 
I ANDIOR ~ c o ~ ~ d ~ d n r a ~ h r e ~  
fmav crty md starel 

WISH  TO APPEAM  AT A HEARING  AT NO  EXPENSE  TO  THE GOVERNMENT BEFORE A TRAVELING  PANEL CLosEsr TO 
7710 Navy Dedmw Rsvbw Boad doss nor have e trevdlng punt111 

WILL NOT APPEAR  EEFORE THE BOARD. 

f0.a.  C O U N S ~ S E N T A T I M  Of m y ]  NAME ILsrr, F h f -  Middb lnirrd) AND ADDRESS  1  b.  TELEPHOW NUMBER (Indude Ares Code) 

(NO=: 

 

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14. CONTlNUATlON OF 17EM 6, iSSUES (If appab/el 
This discharge also was not proper due to  e statements on my own behalf not being pmperly presented to the Wing Coxiunander 
for his review prior to his decision to allow my'discharge.  My statement was submitted however my attachments were not and 
these are what proved that my discharge.should not have been allowed, according to the AFI.  Also my request for Probation and 
Rehabilitation was not considerad. 
Lastly, one of the main reasons for my discharge w d  disixidired by the NCOIC of Reports and Analysis of tbe 436th S E .  He 
stated that it was due to a paperwork m r

 that caused my drivers license to be suspended. 

: 

. 

. 

.

.

  . 

16. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (ff8ppVcebIeI 
DD Form 2697 Dated 04/24/2003 
Memmoraodurn for 436AW/CC dated 0510512003 
Response to Notification memmorandum 
Character Reference by ~Sgt-Dated 
Email dated 04/08/2003 finm TSgt 
Stateinent Fr6m Dept of Veterans Affairs dated WlW2004 

04/25/2003 

16. REMARKS (if eppficablel 
If my discharge would have been post-pond until funher medical evaluation had been completed or if my discharge had been listed 
as honorable or medical I would not have lost my GI Bill and would not have to repay my enlistment bonus since I woutd have met 
the two year rime in service that is required for both of chese things.  Unfortunately, most of this information was not known to me 
at the time of my discharge. 

Also since my discharge. I have been given a disability rating from the Department af Verterans Affairs, have been seen by 
orthokdic surgeons at the VA Medical Center in Cincinnati, OH, and have been told that most likely another surgery wouldbe 
necessary in d m  to fix the problems with my  leg.  It has also made it difficult to find and keep work since my leg can be a 
hindrence to physical work.  With my GI Bill reinstated I could go back to school and berm myself, and recieve the knowledge and 
training for an occupation the will not be hindered by my leg. 

c .  

Tbank you far your time i n  reviewing this matter. 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

- 

- 

- - 

- - 

ARMY 

Army  Review  Boa*  AQency 
Support DlvisIon,  St.  Louls 
9700 Page Avonun 
St. Louis. MO  83132-6200 
(See h~:Norb~.irmy.pontagon.mll) 

AIR  FORCE 

Alr Force Review Boards  Agency 
SAFlMRBR 
550-C S m l  Wmr, Sulm 40 
Randolph AFB,  TX  781 504742 

DD FORM 293, AUG  2003 

I 

I 

I 

NAVY AND MARINE CORPS 

Naval Councll 01 Personnel Boards 
720 Komon Street,  S.E. 
Room 309 INDRB) 
Washlngmn Navy Yard,  DC 20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant (G-VVPM) 
2 100 Second Street, S.W. Room 5500 
Washlngmn.  DC  20593 

Page 2 ot 4 Pages 

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DEPARTMENT OF THE AIR FORCE 
AIRLIFT WING (AMC) 

HEADQUARTERS 

4 3 6 ~ ~  

MEMORANDUM FOR A

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FROM:  436 APSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fkom the United States Air Force for 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 will be characterized as Honorable or General.  I am 
recommending that your service be characterized as General. 

2.  My reason for this action is: 

a.  On or about 7 Mar 03, you were cited by the base security forces for driving on a suspended drivers 

license, operating a radar detector on base and failing to stay in a designated lane.  For this misconduct 
you received a Letter of Reprimand, dated 26 Mar 03. 

b.  On or about 2 Oct 02, you failed to obey an order to help other airmen clean up around the 

terminal.  For this misconduct the suspended reduction to Airman as a result of a previous Article 15 was 
vacated, dated 16 Oct 02. 

c.  On or about 1 Aug 02 and on or about 7 Aug 02, you failed to go to your appointed place of duty. 

For this misconduct you received an Article 15, dated 14 Aug 02. 

d.  On or about 19 Jul02, you were involved in an accident involving a GOV passenger service golf 
cart with which you hit an Air Force member and caused them physical injury and you did not report the 
incident.  For this misconduct you received a Letter of Reprimand, dated 5 Aug 02. 

e.  On or about 1 Aug 02, you were disrespectful in voice and manner to SSgt5- 

For this 

misconduct you received a Letter of Counseling, dated 1 Aug 02. 

f.  On or about 28 May 02 you were counseled for not wearing your Passenger Service Badge after 

being instructed to on several occasions. 

g.  On or about 27 May 02 you were counseled for failing to meet standards, by not having your boots 

shined after being instructed to have them shined.  For this misconduct you received a Letter of 
Counseling, dated 28 May 02. 

h.  On or about 26 May 02, you made threatening statements towards a fellow airman.  For this 

misconduct you received a Letter of Counseling, dated 26 May 02. 

i.  On or about 20 May 02, you failed to obey an order or regulation by leaving a passenger service bus 

unattended as it was running and not chalked.  For this misconduct you received a Letter of Reprimand, 
dated 23 May 02. 

j.  On or about 6 May 02, you failed to comply with multiple lawful orders and made deceitful 

statements to your superiors.  For this misconduct you received a Letter of Reprimand, dated 8 May 02. 

k.  On or about 30 Apr 02 you were counseled for failure to adhere to base regulations and posted 

speed limits. 

1.  On or about 16 Apr 02 you were counseled for failing to report to work on time. 

m.  On our about 15 Apr 02 you were counseled for leaving a passenger bus unattended with the 

engine running and vehicle improperly chalked. 

n.  On or about 9 Apr 02 you were verbally counseled on vehicle safety standards. 

Copies of the documents to be forwarded to the separation authority in support of this recommendation 
are attached.  The commander exercising Special Courts-Martial 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 higher education assistance funds may subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  Please 
contact the Dover Air Force Base Area Defense Counsel, Capt 
immediately upon receipt of this notification.  You may 

at x-6995, Bldg. 261,31~ Floor 

counsel at your own expense. 

4.  You have the right to submit statements on your own behalf.  Any statements you want the separation 
authority to consider must reach me within 3 duty days unless you request and receive an extension for 
good cause shown.  I will send them to the separation authority.  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.  The Privacy 
Act of 1974 covers any personal information you furnish in rebuttal.  A copy of AFI 36-3208 is available 
for your use in the Orderly Room. 

5. You have been scheduled for a medical examination. You must report to Family Practice, Second 
Floor, Building 305, at 0715 on Thursdav, 24 Apr 03 for an examination with Dr. Haves.  Please be 
there 10 rnins early to electronically sign in and fill out appropriate paperwork.  If you have any questions 
or need to reschedule this appointment, please call 677-6865. 

6.  You have been scheduled for a Separations Briefing.  Please report to Building 520, Room 1 12, ext 
21 55 on Thursdav, 24 Apr 03 at 0900 hours. 

7. Execute the attached acknowledgement and return it to 

Attachments: 
1.  Letter of Reprimand, dated 26 Mar 03 
2.  AF Form 366, Vacation of Suspended Article 15 punishment, dated 9 Oct 02 
3.  AF Form 3070, Article 15, dated 14 Aug 02 
4.  Letter of Reprimand, dated 5 Aug 02 
5.  Letter of Counseling, dated 1 Aug 02 
6.  Memorandum for Record, dated 28 May 02 
7.  Letter of Counseling, dated 28 May 02 
8.  Letter of Counseling, dated 26 May 02 
9.  Letter of Reprimand, dated 23 May 02 
10. Letter of Reprimand, dated 8 May 02 
11. Letter of Counseling, dated 30 Apr 02 
12. Memorandum for Record, dated 16 Apr 02 
13. Letter of Counseling, dated 15 Apr 02 
14. Memorandum for Record, dated 9 Apr 02 
15. Airman's Receipt of Notification Memorandum 
16. ID  Card Withdrawal letter