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NAME O F  SERVICE MEMBER (LAST.  FIRST MIDDLE INITIAL) 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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4  NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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ADDRESS AND OR ORGANILATION OF COUNSEL 

MEMBER SITTING 

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VOTE OF T H E  BOARD 

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ISSUES  A94.53 

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'  EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

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2  (  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTlFlCATION 
I  4  I  BRlEF OF PERSONNEL FILE 

HEARING DATE 

CASE NUMBER 

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

/  TAPE RECORDING OF PERSONAL APPEARANCE 

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08 Nov 2005 
APPLICANT'S ISSUE AND THE BOARD'S  DEClSlONALRATlONAL  ARE DISCUSSED ON TIIE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00178 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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: 

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SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 
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FROM: 

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DATE:  11/9/2005 

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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 

FD-2005-00178 

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

The applicant requested  and  was offered a personal  appearance before the Discharge Review Board (DRB) 
but failed to appear.  In light of this waiver to the right of hearing, the DRB conducted a records review  of 
the applicant's  discharge.  Further opportunity for a hearing shall not be made available to the applicant. 

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

ISSUE: Applicant  contends  that  it  has  been  hard  "living  in  the  shadow  of  a  general  discharge  for  six 
months;"  that it will be difficult for him to continue his schooling without G.I. Bill benefits;  and that he will 
not be able to succeed if his "general"  discharge precludes him from obtaining employment.  The Board was 
sympathetic to the impact the applicant's  general discharge was having on his ability to obtain employment 
and G.I. Bill benefits, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Eglin AFB, FL on 29 Oct 04 UP 
AFI 36-3208, para 5.52 (Pattern of Misconduct  -  Commission of a Serious Offense - 
Other Serious Offenses).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Sep 79.  Enlmt Age: 18 0/12.  Disch Age: 25 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-55,  G-36,  M-35. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 21 Jul 03. 

b.  Prior Sv:  (1) AFRes 7 '0ct 97 -  17 Feb 98 (4 months 11 days) (Inactive) 

25 days, all AMS.  AMN -  18 Aug 98.  A1C -  18 Jun 99.  SrA -  18 Feb 01.  EPRs: 
5,4,4. 

(2) Enlisted as AB 18 Feb 98 for 4 yrs.  Svd: 4 yrs 0 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 9 Nov 01 for 6 yrs. Svd: 2 Yrs 1 1 M o  20 Das, of which 

AMS is 2 yrs 10 months 25 days  (excludes 25 days lost time). 

b.  Grade Status:  A1C -  15 Jul 04 (SPCM, 21 Jun 04) 

c.  Time Lost:  21 Jun 04 thru 15 Jul 04  (25 days). 

d.  Art  15's:  (1) 15 Jan 04, Eglin AFB, FL -  Article 92.  You, having 

knowledge of your duties, on or about 31 Oct 03, were 
derelict in the performance of those duties in that you 
willfully failed to notify the proper authorities of 
damages caused to a government vehicle as it was your 
duty to do.  Forfeiture of $408.00 pay, 14 days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  Special Court Martial -  21 Jun 04. 

CHARGE I:  Article 92.  Plea: Guilty.  Finding: Guilty. 

Specification:  Who knew or should have known of his duties at or 
near Eglin AFB, FL, on divers occasions between on or about 1 Jan 
04 and on or about 7 Mar 04, was derelict in the performance of 
those duties in that he willfully failed to follow 96th Security 
Forces Squadron Operating Instruction 31-101, dated 15 Sep 03, by 

going to Dorm 19, Room 107 and loitering while on patrol, as it 
was his duty to do. 

CHARGE 11:  Article 134.  Plea: Not Guilty.  Finding: Guilty. 

Specification:  Did, at or near Eglin AFB, FL, on or about 7 Mar 
04, wrongfully and recklessly engage in conduct, to wit: he 
pointed a loaded han 

head while 

kely 

Sentence adjuged 21 Jun 04:  Reprimand, reduction to AlC, 
forfeiture of $528.49 pay per month for 3 months, hard labor 
without confinement for 3 months  (Remitted), and confinement for 
30 days. 

g.  Record of SV: 02 Apr 01 -  31 Jan 02  Clear AFS  3  (CRO) 

01 Feb 02 -  10 Feb 03  Clear AFB  4  (Annual) 
11 Feb 03 -  12 Feb 04  Eglin AFB  4  (Annual) 

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h.  Awards &  Decs:  AFTR, AFLSAR W/OLC, NDSM, AFOUA W/2 OLCS 

i.  Stmt of Sv:  TMS:  (6) Yrs  (11) Mos  (28) Das 

TAMS:  (6) Yrs  ( 7 )  Mos  (17) Das 

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

(Change Discharge to Honorable) 

Issue 1:  I have been living in the shadow of a general discharge for six 

months, and it has not been easy.  I started taking classes at the local 
community college, but if I cannot get my G.I. Bill I  (sic) will be hard for me 
to continue.  Finding a job has been the hardest thing, every time I have to 
tell someone that I was discharged from the military they tell me there are no 
jobs available.  I am trying to start a new life as I have a general discharge I 
will not be able to succeed. 

ATCH 
None. 

r 
DEPARTMENT OF THE AIR FORCE 

1 

96TH SECURITY FORCES 
EGLlN AFB FLORIDA 32542 

f-5 

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FROM:  96 SFSICC 

SUBJECT:  Notification Memorandum --Board Hearing 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically commission of a serious offense, other serious offenses.  The authority for this action is 
AFPD 36-32, Militaly Retirements and Separations, and AFI 36-3208, Administrative Separation 
ofAirmen,  paragraph 5.52.3.  Copies of the documents to be forwarded to the separation authority 
to support this recommendation are attached. 

2.  My reason for this action is: 

You, who knew or should have known of his duties at or near Eglin Air Force Base, Florida, on 
divers occasions between on or about 1 January 2004 and on or about 7 March 2004, was derelict 
in the performance of those duties in that you willfully failed to follow 96"  Security Forces 
Squadron Operating Instruction 3 1 - 101, dated 15 September 2003, by going to Dorm 19, 
and loitering while on patrol, as it was your duty to do.  You did at or near Eglin Air Force Base, 

, and this conduct was likely to cause death or serious b 
For this offense you were convicted by a Special Court- 

sentence consisted of a reduction to the grade of Airman First Class, forfeiture of $528.00 a month 
for 3 months and confmement for 30 days. 

3.  I am also forwarding the following information to the separation authority for consideration 
when determining your service characterization. 

You having knowledge of your duties at Eglin Air Force Base, Florida, on or about 31 October 
2003, were derelict in the performance of those duties in that you willfully failed to notify the 
proper authorities of damages caused to a government vehicle, as it was your duty to do.  For this 
offense you received nonjudicial punishment, dated 15 January 2004. 

4.  This action could result in your separation with an honorable or general discharge.  I am 
recommending that you receive a general discharge.  The commander exercising special court- 
martial jurisdiction or a higher authority will make the final decision in this matter.  If you are 
discharged, you will be ineligible for reenlistment in the United States Air Force and will probably 
be denied enlistment in any component of the armed forces.  Any special pay, bonus, or education 
assistance funds may be subjected to recoupment. 

5.  You have theright to: 

a.  Consult legal co~.i&L,. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements on your behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive 
any of your rights. 

6.  You have been scheduled for a medical examination.  You must report to 96 MDG Force Health 
Management, 307 Boatner Rd. on 16 

2004, at 0715 hours for the examination. 

7.  You have the right to consuIt counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult 

t 904 N. 2nd Street, on 
hours.  Instead of the appointed counsel, you may have another, 
if the lawyer you request is in the active military service and is reasonably available as determined 
according to AFI 5 1-201, Administration of Military Justice. 

, at 

8.  In addition to military counsel, you have the right to employ civilian counsel. The Military 
Component does not pay expenses incident to the employment of civilian counsel. Civilian 
counsel, if employed, must be readily available. 

9.  Confer with your counsel and reply, in writing, within 7 workdays, specifjmg the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements on your behalf.  I will send the statements to the discharge authority with 
the case file to be considered with this recommendation.  If you fail to respond, your failure will 
constitute a waiver of the right to the board hearing. 

10.  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 at 96 SFSICSS. 

1 1.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

12.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 
13.  Execute the attached acknowledgment and return if to me immediately. 

Commander 

Attachments: 
I.  Supporting Documents 
2.  Receipt of Notification Memorandum