. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

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GEN 

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INDEX NUMBER 

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A93.09 

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HEARING DATE 

11 Oct 2005 

CASE M B E R  

FD-2005-00185 

Case heard at Washington, D.C. 

1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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I 

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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: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSOWEL COUNCIL 
AIR FORCE DISCHARGE REVIEW 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-2005-00185 

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 (DRB) 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 his discharge will cause problems in future employment.  The records indicated 
the applicant received  a general discharge for misconduct--minor disciplinary infractions.  His misconduct 
included an Article  15 for dereliction of duty by underage drinking and frequenting a local motel while in 
technical training school, three Letters of Reprimand  for failure to  go two occasions, late for duty and not 
properly wearing his  field jacket,  and  one Record  of  Individual Counseling for  failure to  go.  The DRB 
opined  that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his 
negative behavior.  The DRB considered whether applicant should have been separated with an Entry Level 
separation during the first  180 days of his  military  service.  However,  since  his  discharge took effect on 
29 Mar 05, by law, the DRB cannot change a discharge to an Entry Level Separation.  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 AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Sheppard AFB, TX on 29 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: 26 Oct 86.  Enlmt Age: 17 3/12.  DischAge: 18 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-52,  E-67,  G-44,  M-52. PAFSC: 2A313A - Tactical Aircraft 
Maintenance Helper. DAS: 27 Sep 04. 

b.  Prior Sv:  (1) AFRes 20 Feb 04 -  9 Aug 04 (5 months 21 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Aug 04 for 4 yrs. Svd: 0 Yrs 7 Mo 20 Das, all AMS. 

b.  Grade Status:  AB -  25 Feb 05  (Article 15, 25 Feb 05) 

A m  -  10 Feb 05 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Feb 05, Sheppard AFB, TX -  Article 92.  You, who 
knew or should have known of your duties at or-near 
Wichita Falls, Texas, on or about 6 Feb 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages while under the legal drinking age of 21 and 
willfully failed to refrain from frequenting a local 
hotel,. as it was your duty to do.  Reduction to AB,  and 
forfeiture of $617.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 04 FEB 05 -  Failure to go. 

LOR, 02 FEB 05 -  Late for duty and did not properly wear 

field jacket. 
RIC, 28 J A N   05 -  Failure to go. 
LOR, 24 J A N   05 -  Failure to go. 
RIC, 06 J A N   05 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, GLOBAL WAR ON TERRORISM SERVICE MEDAL. 

i.  Stmt of Sv:  TMS: (1) Yrs  (1) Mos  (10) Das 
TAMS: (0) Yrs  ( 7 )   Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Mar 05. 

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

Discharge) 

Issue 1:  I would like to avoid a problem being employed because of my 

discharge.  After I put time and money into a degree I would like to better my 
chances in getting a job.  If narrative reason for separation cannot be changed 
to none or n/a, I would like to request it to be changed to something more minor 
then "miscond~ct.~ Thank you. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AB 

FROM:  362 TRSICCQ 

SUBJECT:  Notification Memorandum 

7  362 TRS 

#R 

2  2  2005 

1.  I am recommending your discharge from 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, who knew or should have known of your duties at or near Wichita Falls, Texas, on or 

about 6 Feb 05, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while under the legal drinking age of 2 1 and 
willfblly failed to refrain from frequenting a local hotel, as it was yaur duty to do.  For this 
misconduct, you received Article 15 punishment on 25 Feb 05. 

b.  You did, at or near Sheppard AFB TX, on or about 3 Feb 05, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit:  Academic Enrichment.  For this 
misconduct, you received a Letter of Reprimand (LOR), on 4 Feb 05. 

c.  You did, at or near Sheppard AFB TX, on or about 2 Feb 05, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit:  duty at 0700.  For this misconduct, 
you received an LOR on 2 Feb 05. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 20 Jan 05, were derelict in the performance of those duties in that you failed to pickup your 
orders, as it was your duty to do.  For this misconduct, you received an AF Form 174, Record of 
Individual Counseling, on 28 Jan 05. 

e.  You did, at or near Sheppard AFB TX, between on or about 10 Jan 05 and 20 Jan 05, on 
divers occasions, without authority, fail to go at the time prescribed to your appointed place of 
duty, to wit:  Physical Readiness Training.  For this misconduct, you received an LOR on 24 Jan 
05. 

f.  You did, at or near Sheppard AFB TX, on or about 5 Jan 05, without authority, fail to go at 
the time prescribed to your appointed place of duty, to wit:  formation.  For this misconduct, you 
received an AF Form 174, on 6 Jan 05. 

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 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.  Milit 
I have made an appointment for you to consult 

wd-&t2> . You may consult civillan cou 

obtained to assist you. 
at building 1638 on 

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  " ) L ~ ~ - ~ u n l e s s  
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 were scheduled for a physical examination on 8 Mar 05. 

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 Commander's  Support Staff Office.  A 

(Attachments listed on next page) 
Attachments: 
1.  AF Form 3070,25 Feb 05 
2. 3.  Response 

A F F o r m 1 1 6 8 , w  

to Article 

2 Feb 05  05 

.7  Feb 05 

Feb 05 
7  Feb 05 

4.  AF Form  1168, Amn 
5.  AFForm  1168,AB 
6.  AF Form  1 168, 
7.  LOR, 4 Feb 05 
8.  Response to LOR, Undated 
9.  LOR, 2 Feb 05 
10.  AF Form  174,28 Jan 05 
1 1.  LOR, 24 Jan 05 
12. AFForm 174,6 Jan 05 
13.  AETC Form 125A, 9 Mar 05 
14. Student Training Report, 05009 
15. AETC Form 173,28 Jan 05 
16.  Remedial Military Training Assignment, -1 8 Jan 05 
17. Remedial Military 
ssessment, 22 Jan 05 
1 8.  Memorandum, AB 
Undated 
19.  LAFB Form 205, 
20.  Receipt of Notification Memorandu 

cc: 
82 MSSIDPMARS 
362 TRSICSS (File) 
Individual