AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

MEMBER SITTING 

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A94.53 

INDEX NUMBER 

A67.10 
A49.00 

HEAlUhX DATE 

CASE NUMBER 

I  FD-2005-00168 

11 Oct 2005 

I 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 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT T!.ME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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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. 

TO. 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3 R D  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 

m-2005-00168 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 is denied. 

The Board finds the applicant submitted no  issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to  identify any that would justify a change of 
discharge. 

ISSUE:  Applicant contends he is trying to get into law enforcement.  The records indicated the applicant 
received a general discharge for misconduct--minor disciplinary infractions and unsatisfactory performance, 
His misconduct included five Air Education and Training Command Form  173s for failed block exams and 
dorm inspection, a Letter of Reprimand for underage drinking and failure to sign out, and a DD Form  1569, 
civil arrest for burglary of an automobile.  The Discharge Review Board (DRB) opined that through these 
administrative actions, the applicant had  ample opportunities to change his negative behavior.  The DRI3 
considered whether applicant should have been discharged under an Entry Level separation during the first 
180 days of his military service for unsatisfactory performance--failure to make progress in required training 
program due to three failed block tests.  However, applicant's  civil arrest for vehicle burglary was egregious 
misconduct.  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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keesler AFB, MS on 10 Mar 97 
UP AFI 36-3208, para 5.49 and 5.26.1 (Misconduct -  Minor Disciplinary Infractions 
and Unsatisfactory Performance).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Sep 78.  Enlmt Age: 17 4/12.  Disch Age: 18 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-85,  E-67,  G-50,  M-80. PAFSC: 2Elll -  Satellite &  Wideband 
Communications Equipment Helper. DAS: 9 Sep 96. 

b.  Prior Sv: (1) AFRes 27 Jan 96 - 23 Jul 96 (5 months 27 days) (Inactive). 

3.  SERVICE UNDER RJWIEW: 

a.  Enlisted as AB  24 Jul 96 for 4 yrs. Svd: 0 Yrs 7 Mo 17 Das, all AMS. 

b.  Grade Status:  AMN -  24 Jan 97 
c.  Time Lost:  19 Feb 97 -  19 Feb 97 (1 day) . 

d.  Art  15's:  None. 

e.  Additional: AETC 173, 03 FEB 97 -  Failed Block 2.3 test. 

LOR, 28 JAN 97 -  Underage drinking and failure to sign out. 
DD 1569, 25 JAN 97 -  Civil arrest for burglary of an auto. 
AETC 173, 21 JAN 97 -  Failed Block 2.2 test. 
AETC 173, 26 NOV 96 -  Failed room inspection. 
AETC 173, 30 OCT 96 -  Failed Block 1.3 test. 
AETC 173, 24 OCT 96 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (1) Mos  (13) Das 
TAMS: (0) Yrs  (7) Mos  (16) Das 

4.  BASIS ADVANCED FOR REWIEW:  Appln  (DD Fm 293) dtd 15 Apr 05. 

(Change Discharge to Honorable) 

Trying to get into Law Enforcement. 

ATCH 
None. 

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DEPARTMENT OF THE AIR FORCE 
AIR EWCAtlON AND TRAINING COMMAND 

MEMORANDUM FOR 

FROM:  338 TRSICCQ 

SUBJECT:  Notification Memorandum 

2  5  FEB  1997 

38 TRSNTF 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions and unsatisfactory duty performance.  The authority for this action is AFI 36-3208, 
Section H,  Paragraph 5.49 and Section E, Paragraph 5.26.1.  The primary reason for this action is 
minor disciphary infractions.  If my recommendation is approved, 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 Misconduct: 

1.  On 23 Oct 96, you failed to go to your prescribed place of duty in that you missed 

your weekend detail briefing, for which you were counseled by your military training manager 
on 24 Oct 96.  (Atch 1, Appendix A) 

2.  On 20 Nov 96, you violated 8 1 TRWI 90-4 in that you failed your room inspection 

with 7 demerits total, for which your were counseled by your military training manager 
on 26 Nov 96.  (Atch 1, Appendix C) 

3.  On or about 25 Jan 97, you violated Mississippi state law in that you wrongfully 

consumed alcohol while under the legal age of 2 1 and failed to sign out, for which you were 
reprimanded  by the chief military training manager on 28 Jan 97.  (Atch 1, Appendix E) 

4.  On 25 Jan 97, you were arrested and charged with burglary to an Auto at an off 
base establishment by the Biloxi Police Department, for which bond was set and a court date is 
pending.  (Atch 1, Appendix F) 

b.  Unsatisfactory Performance: 

1.  On 29 Oct 96, you failed your Block 1.3 test with a score of 66%, for which you 
were counseled by your instructor on that date and by your instructor supervisor on 30 Oct 96. 
(Atch 1, Appendix B) 

2.  On 2 1 Jan 97, you failed your Block 2.2 test with a score of 60%, for which you 

were counseled by your instructor supervisor on that date.  (Atch 1, Appendix D) 

3.  On 3 Feb 97, you failed your Block 2.3 test with a score of 57%, for which you 

were counseled by your instructor on that date and your instructor supervisor on 4 Feb 97.  (Atch 
1, Appendix G) 

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 authority 
will decide whether you will be discharged or retained in the Air Force.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force. 

/ 

3.  You have the right to consult counsel.  Mil 
I have made an appointment for you to consul 
2 $ $ p P b  9'7  ato$o"  hours.  You may co 
4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by2$  &b 97 
an extension for good cause shown.  I will send them to the separation authority. 

been obtained to assist you. 
at Bldg 0701, room  124, on 
your own expense. 

unless you request and receive 

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 had a medical examination completed on  12  6  FE9  ISgl 

7,  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 orderly room. 

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

Attachments : 
1.  Supporting documents: 

a.  AETC Form 173,24 Oct 96 
b.  AETC Form 173,29 Oct 96 
c.  AETC Form 173,26 Nov 96 
d.  AETC Form 173,21 Jan 97 
e.  Letter of Reprimand, 28 Jan 97 
f.  DD Form 1569 (Incident/Complaint Report), 28 Jan 97 
g.  AETC Form 173,3 Feb 97 
h.  AETC Form 125A, 25 Feb 97 

2.  Airman's Receipt of Notification  Memorandum