AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD -r 

MEMBER SITTING 

A93.07 
A94.05 

INDEX NUMBER  A67.10 

HEARING DATE 

23 Sep 2005 

CASE NUMBER 

FD-2005-00128 

Case heard at Washington, D.C. 

1  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

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

INDORSEMENT 

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,  DATES 9/Un00S 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCllARGE REMEW BOARD 
1535 COMMAND D R  EE WING. 3RD FLOOR 
ANDREWS AFB. ~ ~ ' 2 0 7 6 2 9 0 0 1  

-  .- - ~ -  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2005~00128 

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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  an  Article  15, a  Letter  of  Reprimand,  a  Letter of  Counseling,  one  Memorandum  for 
Record  and  fourteen AETC  FM  341s, Excellence/Discrepancy Reports  for  misconduct.  The misconduct 
included failure to attend mandatory formations, failed dorm room inspection, security violations, failure to 
comply with dress and appearance standards, lying to superiors, substandard behavior, consistent pattern of 
being dishonest, failure to  go on divers occasions,  and remained out past  curfew on divers occasions The 
Board concluded 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 AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keksler AFB, MS on 23 Dec 03 
UP AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Mar 78.  Enlmt Age: 24 4/12.  Disch Age: 25 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-92,  G-90,  M-85. PAFSC: 9T000 -  Basic Enlisted Airman. 
DAS: 31 Mar 03. 

b.  Prior Sv: (1) AFRes 13 Aug 02 -  20 Nov 02  (3 mos 8 das) (Inactive) . 

3.  SERVICE Y E R  REVIEW: 

a.  Enlisted as AMN 21 Nov 02 for 6 yrs. Svd: 01 Yrs 01 Mo 03 Das, of which 

AMS is 01 Yrs 01 Mo 01 Das (ex. 2 Das lost time) . 

b.  Grade Status:  Amn -  01 Dec 03  (Article 15, 1 Dec 03) 

AlC -  21 NOV 02 

c .  Time Lost :  6 Nov 03 -  8 Nov 03  (2 Days) . 

d.  Art 15's:  (1) 1 Dec 03, Keesler AFB, MS -  Article 86.  You, did, on 

divers occasions between on or about 9 Oct 03 and 14 Oct 
03, without authority, fail to go at the time prescribed 
to your appointed place of duty.  Article 92.  You, who 
knew or should have known of your duties, on divers 
occasions between on or about 18 Oct 03 and 26 Oct 03, 
were derelict in the performance of those duties in that 
you willfully failed to remain in your dormitory after 
curfew, as required by AETC Instruction 36-2216, as it 
was your duty to do.  Reduced to A m .   Forfeiture of 
$250.00 pay.  (No appeal) (No mitigation) 

e.  Additional: LOR, 01 DEC 03 - On or about 5-8, 17, 24 Nov 03 displayed 

MFR, 14 OCT 03 -  Failure to attend mandatory formations, 

substandard behavior and consistent 
pattern of being dishonest. 

failure to comply with Dress and 
Appearance standards and lying to 
superiors. 

LOR, 07 AUG 03 - Security Violation. 
AETC FM 341, 5 AUG 03 -  Failed dorm room inspection. 
AETC FM 341, 16 APR  03 - Failure to attend mandatory 

formations. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (01) Yrs (04) Mos  (09) Das 
TAMS: (01) Yrs  (01) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Feb 05. 

(Change Discharge to Honorable.) 

Issue 1:  During my enlistment my father died and I was having difficulty 

dealing with his death. 

Issue 2:  During the last few months of my enlistment I was having problems 

with my marrage  (sic) thus also enduring a bitter divorce. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

FROM:  338 TRSlTRM 

SUBJECT:  Notification Memorandum 

DEC. 1 9  2003 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
*actions. 
section H, paragraph 5.49.  If my recommendation is approved, your discharge will be described 
as honorable or general.  I am recommending that your service be characterized as general. 

The authorities for this action are AFPD 36-32 and AFI 36-3208, chapter 5, 

2. My reasons for this action are: 

a.  On  1 Dec 03, you received nonjudicial punishment for failure to go to your appointed 
place of duty and for failure to remain in your dormitory after curfew, as noted on AF Form 
3070, dated 1 Dec 03.  (Atch 1, Appendix A w/atchs) 

b.  On 1 Dec 03, you received a Letter of Reprimand for the following infractions: 

i.  You deliberately misled your physician after being given one week of convalescent 

leave and you then informed him that this was not sufficient because all NPS convalescent leave 
had to be in increment of 2 weeks, for training purposes.  In addition, you were never briefed this 
information, hence making it up.  (Atch 1, Appendix B wlatch) 

ii.  On 6 Nov 03, you disobeyed an order, given by your flight commander, to return to 

Keesler by 1500 hours on 6 Nov 03 in which you remained absent without leave from 6 - 8 Nov 
03.  (Atch 1, Appendix B wlatch) 

iii.  You drove your vehicle off Keesler AFB while in Phase 1 when you knew you were 

prohibited from operating a vehicle while in Phase 1.  (Atch 1, Appendix B wlatch) 

iv.  While still in Phase 1, you convinced another airman to drive you off base by 

advising her that your flight commander had granted you Phase 4, this was another attempt to 
deceive.  (Atch 1, Appendix B wlatch) 

c.  On 5 Aug 03, you failed your room inspection, as noted on AETC Form 34 1, dated 5 Aug 

03. (Atch 1, Appendix C wlatch) 

d.  On 16 Apr 03, you were a no-show to a detail briefing, as noted on AETC Form 341, dated 

16 Apr 03.  (Atch 1, Appendix D) 

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 higher will 
decide whether you are to 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.  Any special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult legal counsel.  Military le  al counsel has been obtained to assist 
you.  I have made an appointment fo 
at Sldg 0701, Room 
at  @ 
243, on 
expense. 

hours.  You may consult civilian counsel at your own 

&b& 

to consult 

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El /w 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me on  2 C( D e b   NLT 1630 hours 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 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 a medical examination.  You must report to the Student Triangle 
Clinic on 

2003 at  !&w hours 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 by accessing the world wide web at the following website: 
http:llwww.e-p~lishingRaf.miVpubfiles6/afi36-3208/afi36-3208.~f 
or your unit orderly room. 

9. '  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting Documents 

a.  AF Form 3070, dated 1 Dec 03, wlatchs 
b.  Letter of Reprimand, dated 1 Dec 03 wlatchs 
c.  AETC Form 341, dated 5 Aug 03 wlatch 
d.  AETC Form 341, dated 16 Apr 03 

2.  Airman's Receipt of Notification Memorandum 
3.  Airman's  Statement 

ATCH 1