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AIR FORCE 1~ISCHAHGE REVIEW ROARD HEARING RECORM 

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PERSONAI, APPEARANCE 

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,\DDRITS  h Y D  ORORGAhI1AlION O F C O I  NSFI. 

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AND 01< OR(* \NII.Al  ION 

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MEMBER SITTING 

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ISSUES 

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VOTE OF TWE BOARD 

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)RDCR APPOM'TING  TMF ROARLS 

EXHIBITS SUBMITTED TQ THE BOARD 

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KEI.EASE  TO TI-11': BOARD 

AL3V17 IONAI.  EXI3IUI'TS  SIJRMITTEL) A T  'TIME O F  
PERSONAL. APPENZANCE 

TAPE RECORDING 01- YEKSONAI.  APPEARIYNCE 

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CAW NUMHER 

08 Dec 2005 
APPLlEAN1  S ISSIR5 AM) ?FEIIOARU'S DECISK3NNAL RATJTIONAI. ARE QlSCUSSFD ON T t E  AA7TRCI-LED AIR fORCB  DISCHARGE JlEYILW BOARD I3IiCISION.41  R A I I O W E  

F1)-2005-00167 

Case heard at Washington, D.C. 

Advise applicant of the decision ofthe Roarcl. the right to a personal appearance witl~/without counsel, ant1 the right to 
submit an application to the AFRCMK 

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

I  FROM: 

1 

2 

AFMQ FORM  0-2077, JAN 00 

(EF-V2) 

Previous edition will  be usr 

AIR FORCE DISCHARGE REVIEW BOARD LIECISIONAL RATIONALE 

CASE NlJMBER 

FD-1005-oo167 

GENERAL:  The applicant ~~ppeals 

for upgrade of discharge to honorable. 

The applicant was offered  a personal appearance before the Discharge Review Board  (DRB) but declined to 
exercisc this right. 

'I'he attached bricf contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

'I'he  Board  finds  that  neithcr  the  evidence  of  rccord  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justiFy  a change of dischargc. 

ISSUE:  Applicant  does not  contest his discharge.  He states that he wants an upgrade in order to use his GI 
Bill  benefits  and  to  advance  in  his job.  Thc  rccords  indicated  the  applicant  receivcd  two  Article  15s,  a 
Vacation  action under thc  UCMJ, one Letter of Reprimand,  threc  1,ctters of Counseling, and  three Records 
of Individual  Counseling for various acts of misconduct to include bcing late for duty on  several  occasions, 
speeding  on  Post.  violation  o r  dress  and  appearancc  standards,  failure  to  properly  perform  his  duties, 
negligently  failed  to keep  accountability  of riflcs in his  possession,  lhilure to go, and  making false official 
slatenacnts on nurncrous occasions.  'I'hc DRB opined that through these administrative actions, the applicant 
had  arnple  opportunities  to  change  his  ncgativc  behavior.  The  Board  concluded  the  misconduct  was  a 
significant  departure from  conduct expected of all  military  members.  The characterization oP ihe discharge 
received by the applicant  was found to be appropriate.  The applicant citcd his desire to receive the G.1. Bill 
benefits  as justification  for upgrade.  The DRB noted  that  when  the  applicant  applicd for thesc  benefits,  he 
signed  a statemcnt  (Dl3 Form 2366) tl-rat hc undcrstood  hc nlust  receive  an Honorable discharge to  receive 
future  educational  enlitlements.  The  Board  was  sylnpathetic  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 upgradc. 

CONCLUSIONS: 
'I'he  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requircments  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 

A 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REnrIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Shaw AFB, SC on 18 Jun 04 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 15 May 80.  Enlmt Age: 19 1/12.  Disch Age: 24 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-45,  G-50,  M-39. PAFSC: 1C451 -  Tactical Air Command 
Control Journeyman. DAS: 12 Dec 02. 

b.  Prior Sv:  (1) AFRes 30 Sun 99 -  28 Jul 99 (29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Jul 99 for 6 yrs. Svd: 4 Yrs 10 Mo 20 Das, all AMS. 

b.  Grade Status:  AMN  -  6 May 04  (Article 15, 6 May 04) 

SrA -  6 Apr 04 
A1C -  6 May 02  (Vacation of Article 15, 5 Jun 02) 
SrA -  11 Jan 02 
A1C -  11 Sep 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 May 04, Ft. Stewart, GA -  Article 107.  You, did, on 
divers occasions, between on or about 18 Dec 03 and on 
or about 19 Apr 04, with intent to deceive, make to 
SMSgt -, 
official statement, to wit: You would be attending 
physical therapy several times a week, which statement 
was totally false, and was then known by you to be so 
false.  Article 86.  You, did, on divers occasions, 
between on or about 18 Dec 03 and on or about 19 Apr 04, 
without authority, fail to go at the time prescribed to 
your appointed place of duty.  Reduction to Airman, and 
45 days extra duty.  (No appeal) (No mitigation) 

on divers occasions, an 

( 2 )   5 Jun 02, Vacation, Camp Casey AI, Korea -  Article 8 6 .  

You, did, on or about 15 May 02, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  Reduction to AlC.  (No appeal) (No mitigation) 

( 3 )   6 May 02, Camp Casey AI, Korea -  Article 92.  You, who 

knew of your duties, on or about 19 Mar 02, were 

derelict in the performance of those duties in that you 
negligently failed to keep accountability of 5 M16A2 
rifles in your possession, as it was your duty to do. 
Suspended reduction to AlC.  Thirty days restriction, 30 
days extra duty, and a reprimand. (Appeal/Denied) (No 
mi tigation) 

e.  Additional: LOC, 16 APR 04 -  Failure to perform vehicle operation 

inspection. 

LOC, 15 APR 04 -  Late for work. 
LOR, 06 AUG 03 -  Speeding on Post. 
RIC, 04 AUG 03 -  Violation of dress and appearance 

standards. 

RIC, 01 AUG 03 -  Speeding on Post. 
RIC, 08 JUL 03 -  Late for duty. 
LOC, 20 JUN 03 -  Late for duty. 

g.  Record of SV: 29 Jul 99 -  10 Apr 02  Camp Casey AI  2  (Initia1)REF 

11 Apr 02 -  28 Jun 03  Ft. Stewart 

4 

(Annual) 

h.  Awards &  Decs:  ARCM, AFOUA W/1 OLC, NDSM, AFEM w/l Dev, AFOSSTR, 

AFLSAR, SAEMR, AFTR, CRM. 

i.  Stmt of Sv:  TMS:  ( 4 )   Yrs  (11) Mos  (19) Das 
TAMS:  (4) Yrs  (10) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Mar 05. 

(Change Discharge to Honorable) 

Issue 1:  I would like for my discharge to be upgraded from General under 

honorable to an honorable discharge.  I would like to have this change made, so 
I can use this for my educational advancement as well as job enhancement.  As 
you will see with the documentation I am sending, my dedication to the job was 
evident.  You will see that my hardwork paid off in Operation Iraqi Freedom.  I 
hope these factors will help your judgement in changing my discharge. 

ATCH 
1. Recommendation For Award. 
2 .   Two Enlisted Performance Reports. 

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FprnS-fl/67 

DEPARTMENT OF 'THE AIR FORCE 

15TH AIR SUPPORT OPERATIONS SQUADRON (ACC) 

FORT STEWART GEORGIA 

25 May 2004 

FROM:  15 ASOS/CC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge fiom the United States Air Force for minor disciplinary 
idractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section 
H, Paragraph 5.49.  Eyour discharge is approved, you. 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.  Between on or about 18 Dec 03 and 19 Apr 04, on divers occasions, you made false 

official statements to SMSgt -that 
several times a week but instead you were just reporting to work late on these occasions to 
cover up your drinking problem.  For this incident, you received an Article 15, dated 6 May 04. 

you would be attending physical therapy 

b.  On or about 16 Apr 04, you irresponsibly failed to properly sign out a squadron vehicle. 
You used three vehicles during that time and did not properly conduct pre-operation inspections 
or document the AF 1800. For this incident, you received an LOC, dated 16 Apr 04. 

c.  On or about 15 Apr 04, you irresponsibly failed to arrive to work and perfom 

prearranged 18 ASOG tasking on time.  You pre-coordinated with SSgt-or 
COMSEC 
pick up at 0700 and did not appear on time.  For this incident, you received an LOC, dated 15 
Apr 04. 

d.  On or about 3 Aug 03, you were stopped by the Fort Stewart Military Police for speeding 

on post.  Your speed was clocked at 70 MPH in a 55 MPH zone on Highway 1 19.  For this 
incident, you received an LOR, dated 6 Aug 03. 

e.  On or about 1 Aug 03, you were observed by M S

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the Flight Commander 

 

crossing the parking lot from your POV to the squadron facility not wearing your DCU top or 
hat and with your sun shades on top of your head.  For this incident, you received a RIC, dated 
4 Aug 04. 

f.  On or about 11 Jun 03, you were stopped by the Fort Stewart Military Police for speedmg 
on post.  Your speed was clocked at 69 MPH in a 55 MPH zone on Highway 1 19 North Bound. 
For this incident, you received a RIC, dated 1 Aug 03. 

Global Power f o r   America  . 

g.  On or about 2 Jul03, after mandatory physical training you failed to report back to work 

on time.  For this incident, you received a RIC, dated 8 Jul03. 

h.  On or about 20 Jun 03, you failed to report to duty on time.  For this incident, you 

received a LOC, dated 20 Jun 03. 

i.  On or about 15 May 02, you failed to report to work on time.  For this incident, your 

suspended Article 15 punishment was vacated on 7 Jun 02. 

j.  On or about 19 Mar 02; you failed to keep accountability of M 16A2 rifles in your 

possession, For this incident, you received an Article 15, dated 6 May 02. 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  The separation authority will make &e findings and 
recommendations required under  10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The commander exercising special court-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 education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  M-ilitary legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Captain._-, 
h e a  Defense 
Counsel, DSN 965-9530,321 Cullen Street, at 1430 hours on 25 May 2004. You may consult 
civilian counsel at your own expense. 

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  1 1  14 
I  J d q   c ?ocy unless 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

hours on 

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 completed your medical examination a t   inn Army Community Hospital at 1300 hours 
on 24 May 2004 

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 orderlyxoom. 

4 

Attachments: 
1.  AF Form 3070,6 May 04 (Tab 4) 
2.  LOC,  16 Apr 04 (Tab 4) 
3.  LOC,  15 Apr 04 (Tab 4) 
4.  LOR, 6 Aug 03 (Tab 4) 
5.  RIC, 4Aug03 (Tab 4) 
6.  RIC, 1 Aug 03 (Tab 4) 
7.  RIC, 8 Ju103 (Tab 4) 
8.  LOC, 20 Jun 03 (Tab 4) 
9.  AF  Form 366,7 Jun 02 (Tab 4) 
10. AF Form 3070,6 May 02, (Tab 4) 
1 1. Receipt of Notification Memorandum (Tab 5)