AIR FORCE nrsru A D p W  nnxmnw BOARD HEARING RECORD ____i 

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 TYPE GEN 

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PERSONAL APPEARANCE 

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I  RECORDREVIEW 

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NAME OF COUNSEL AND OR ORGANlZATION 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

MEMBER SITTING 

INDEX NUMBER 

A67.10 

I  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  TAPE RECORDING OF PERSONAL APPEARANCE 

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1 

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BEARING DATE 

04 Oct 2005 

CASE NUMBER 

FD-2005-00140 

Case heard at Washington, D.C. 

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

TO: 

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

FROM: 

SECRETARY OFTAE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVEW BOARD 
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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00140 

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

The applicant was offered a personal appearance before the Discharge Review Board ( D M )  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 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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 for failure to go, a Letter of Reprimand for driving a vehicle to aid another 
airman in evading apprehension, and a Record of Individual Counseling for showing disrespect to an NCO. 
In addition, he had an AF Form 341 pulled for wearing a tongue ring.  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 

ANDRFWS  AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTW  UNDER  REVIEW:  Appl. rec'd a GEN Disch fr Sheppard AFB, TX on 07 Mar 05 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions) .  Appeals 
for Honorable Discharge and to Change the Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 13 Feb 85.  Enlmt Age: 18 5/12.  Disch Age: 20 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-73,  G-46,  M-34. PAFSC: 2 ~ 3 1 2  - ~vionics Systems Helper. 
DAS: 11 Jun 04. 

b.  Prior Sv:  (1) AFRes 8 Aug 03 -  16 Feb 04 (6 months 9 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as A1C 17 Feb 04 for 4 yrs. Svd: 1 Yrs 0 Mo 21 Das, all AMS. 

b.  Grade Status:  Amn  -  12 Jan 05  (Article 15, 12 Jan 05) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Jan 05, Sheppara AFB, TX -  Article 86.  You, did, on 
or about 10 Dec 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
mandatory squadron formation.  Reduced to Amn. 
Suspended Forfeiture of $692.00 pay and Reprimand. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 08 DEC 04 -  Driving a vehicle to aid another 
Airman in evading apprehension. 

RIC, 19 NOV 04 -  Disrespect to an NCO.  ' 
AF FORM 341, 30 JUN 04 -  Wearing a tongue ring in the 

mouth. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (6) Mos  (28) Das 
TAMS:  (1) Yrs  (0) Mos  (21) Das 

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

(Change Discharge to Honorable and Change the Reason and Authority for 

Discharge) 

Issue 1:  I consider my discharge and the narrative reason for it  to be 

severe for the infractions that I committed because in the 13 months that I was 
in the service my record shows that I accomplished and exceeded the standards 
and rules that I was given. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 

FROM:  365 TRS/CC 

SLTB JECT:  Notification Memorandum 

FEB 1 5 2005 

65 TRS 

1.  I am recommending your discharge fiom 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 under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB, TX, on or about 10 Dec 04, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit: mandatory squadron formation. 
For this misconduct, you received Article 15 Punishment on 12 Jan 05. 

b.  You, who h e w  or should have known of your duties at or near Sheppard AFB,' TX on or 

about 27 Nov 04, were derelict in the performance of those duties in that you failed to refiain 
fiom driving a vehicle to aid anotlier Airman in evading apprehension by Security Forces and 
Nightingale Patrols, as it was your duty to do. For this misconduct, you received a Letter of 
Reprimand (LOR),  on 8 Dec-04, and an Unfavorable Information File (UE) was established on 
15 Dec 04. 

c.  You, who h e w  or should have known of your duties at or near  Sheppard AFB, TX, on or 

about 19 Nov 04, were derelict in the performance of those duties in that you failed to refiain 
fiom slapping and horseplaying with another Airman in the breakroom of the schoolhouse, as it 
was your duty to do. For this misconduct, and subparagraph "d" below, you received an AF Form 
174, Record of Individual Counseling on 19 Nov 04. 

d., You, who h e w  or should have h o w n  of your duties at or near Sheppard AFB, TX, on or 

about 19 Nov 04, were derelict in th 
fiom showing disrespect towards TS 
as it was your duty to do. 

ce of those duties in that you failed to refrain 
efore he requested an AETC Form 341 from you, 

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 and will probably be denied enlistment in any component of the 
armed forces. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult ADC, extension 6-2186, the ADC, at building 
163 8 on 16 Feb 05 at 0830 hours.  You may consult civilian counsel at your own expense. 

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 18 Feb 05, 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.  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 365 TRS Commander's Support Staff. 

7.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: (listed on next page) 

Attachments: 
1.  AFForm3070,12 Jan05 
2.  Article 15 Response 
3.  Response to Article 
4.  AFForm 1168,Al 

Jan 05 

7.  Sq~~adron Wingman Policy (Airmen Helping Airmen),  12 Nov 04 
8.  LOR, 8 Dec 04 
9.  AF Form 1058,15 Dec 04 
10. Response to LOR, undated 
11. AF Form 174,19 Nov 04 
12. Response to AF Form 174, undated 
13.365 TRS Remedial Military Training Evaluation, 10 Dec 04 
14. AETC Form 125A, 7 Feb 05 

1 5. Student Training Report, 04045 
1 6. Student Training Report, 041 37 
17. Lackland Form 205,5 Apr 04 
18. Airman's Receipt to Notification Memorand