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ALR FORCE DTSCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 

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I  RECORDREVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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I  OTHER 

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ISSUES  A94.05 

(  INDEXNUMBER 

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A67. 

HEARING DATE 

26 Aug 2005 

CASE NUMBER 

FD-2005-00137 

Case heard at Washington, D.C. 

1  I  O V E R  APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

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ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

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

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edit@.n will be used 

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%IR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00137 

ZENERAL:  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 
:xercise 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. 

rhe  Board  finds  that  neither  the  evidence of  record  nor  that  provided  by  the  applicant  substantiates an 
nequity or impropriety that would justify a change of discharge. 

[SSUE:  Applicant contends discharge was inequitable because it was too harsh and based on one isolated 
ncident.  The records indicated the applicant received two Article  15s for misconduct--conduct prejudicial 
.o good order and discipline.  The Board concluded the misconduct was a significant departure from conduct 
:xpected  of all military members.  The characterization of the discharge received by the applicant was found 
:o be appropriate. 

CONCLUSIONS:  The  Discharge Review Board  concludes that  the  discharge  was  consistent with  the 
?rocedural and  substantive requirements of  the discharge regulation  and was  within  the  discretion of the 
Zscharge authority and that the applicant was provided full administrative due process. 

h 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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Dover AFB, DE on 21 Dec 00 UP 
AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Jan 81. Enlmt Age: 17 9/12.  Disch Age: 19 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-34,  G-36,  M-28. PAFSC: 2S031 -  Supply Management 
Journeyman. DAS: 10 Sep 00. 

b.  Prior Sv: (1) AFRes 27 Oct 98 -  1 Jun 99 (7 months 5 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AE3  2 Jun 99 for 4 yrs. Svd: 1 Yrs 6 Mo 20 Das, all AMS. 

b.  Grade Status:  AE3  -  3 Aug 00  (Vacation of Article 15, 17 Oct 00) 

Amn  -  3 Aug 00 (Article 15, 3 Aug 00) 
A1C -  16 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Oct 00, Vacation, Dover AFB, DE -  Article 134.  You 
were, on or about 12 Sep 00, disorderly, which conduct 
was of a nature to bring discredit upon the armed 
forces.  Article 134.  You d 
orally communicate to Airman 
indecent language, to wit: "bitch," "what the hell's 
wrong with you," "fuck you," "grow the fuck up" and 
"kiss my ass," or words to that effect.  (No appeal) (No 
mitigation) 

(2) 3 Auq 00, Dover AFB, DE -  Article 91.  You, havinq 

received a lawful order from CMSgt 
noncommissioned officer, then kno 
senior noncommissioned officer, to remain inside of 
Building 405, an order which it was your duty to obey, 
did, on or about 26 Jun 00, willfully disobey the same. 
Article 134.  You were, on or about 26 Jun 00, 
disorderly, which conduct was of a nature to bring 
discredit upon the armed forces.  Reduction to AB  (below 
Airman suspended).  A reprimand and 30 days restriction. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (1) Mos  (25) Das 
TAMS:  (1) Yrs  ( 6 )   Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Mar 05. 

(Change Discharge to Honorable) 

Issue 1:  My discharge form  (sic) the US Air Force was inequitable because 

it was based on one incident in the 18 months that i  (sic) served, with no other 
adverse actions. 

ATCH 
None. 

.DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 4 3 6 ~ ~  

AIRLIFT WING (AMC) 

;,  Fp-p%?SpM/37 

i 

MEMORANDUM FOR 

FROM: 436 SUPSICC 

SUBJECT:  Notification Memorandum 

36 SUPS 

1.  I am recommending your discharge from the United States Air Force for a pattern of misconduct, 
specifically for conduct which is prejudicial to good order and discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If you are discharged, your discharge 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.  You, having received a lawful order from Chief Master Serg 

a senior 

noncommissioned officer, then known by you to be a senior noncommiss 
of Building 405, an order which it was your duty to obey, did, at or near Dover Air Force Base, 
Delaware, on or about 26 June 2000, willfully disobey the same.  You also were, on or about 26 June 
2000, disorderly, which conduct was of a nature to bring discredit upon the armed forces.  For this, you 
received an Article 15, dated 3 August 2000.  Your punishment was a reduction to the grade of Airman, 
with a suspended reduction to the grade of Airman Basic, a reprimand and restriction to the industrial 
side of Dover Air Force Base, Delaware for 30 days.  This action resulted in the establishment of an 
Unfavorable Information File. 

er, to remain inside 

b.  You were, at or near Dover Air Force Base, Delaware, on or about 12 September 2000, disorderly, 

which conduct was of a nature to bring discredit upon the armed forces.  You also did, at 

t 

Base, Delaware, on or about 12 September 2000, orally communicate 
certain indecent language, to wit: "bitch,"  "what  the hell's wrong with 
p"  and "kiss my ass," or words to that effect.  For this, your suspended reduction to the grade of 

Airman Basic was vacated on 17 October 2000.  This action was filed in your Unfavorable Information 
File. 

Copies of the documents to be forwarded to the separation authority in support of this recommendation 
are attached.  The commander 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. 

3.  You have the right to consult counsel. 
made an appointment for you to consult C 
Defense Counsel, located in building 261,3 
You may consult civilian counsel at your own expense. 

een obtained to assist you.  I have 
Dover Air Force Base Area 

at 0930 hours. 

' 

4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me by  30Ekv 0 0   (3 duty days) unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination on  S &C 
305 Flight Medicine.  Your appointment will be with- 
hour prior to this appointment to fill out the 
reschedule this appointment, please call TS 
examination and return it to your First Sergeant immediately after your appointment. 

at ext. 2659.  Get a copy of your medical 

documents.  If you have any questions or need to 

2000 at '=hours 

in building 

Report to the Flight Surgeons office 1 

7.  The Privacy Act Statement of 1974 covers any personal information you fi;mish in rebuttal.  A copy 
of AFI 36-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me immdiately. 

Attachments: 
1.  Supporting Documents: 

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a.  Article 15, dated 3 August 2000 
b.  Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 1 October 2000 
c.  AF Form 1 137, Unfavorable Information File Summary 

2.  Airman's Receipt of Notification Memorandum