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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

[TIAL) 

MEMBER SITTING 

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ORDER APPOMTMG THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LE'ITER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

(  TAPE RECORDMG OF PERSONAL APPEARANCE 

HEARING DATE 

03 Nov 2005 

CASE NUMBER 

FD-2005-00189 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REMEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00189 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
also  testified  on  the 
Andrews  AFB  on  03  Nov  2005.  The  applicant's  mother,  Mrs 
applicant's behalf. 

The following additional lxhibit was submitted at the hearing: 

Exhibit #5:  Applicant's Additional Contentions 
Exhibit #6:  5 Character reference letters 

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,  and  change  of 
reenlistment code 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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and other people in his 
squadron committed worse misconduct but were retained.  The records indicated the applicant received an 
Article 15, three Letters of Reprimand and three Records of Individual Counseling for misconduct.  The 
DRB opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the misconduct constituted a significant departure from the 
conduct expected of all military members.  The characterization of the discharge received by the applicant 
was found to be appropriate. 

Issue 2.  Applicant states that he was treated unfairly because he was often made to do jobs other people did 
not want to do.  The board did not believe this constituted an impropriety or inequity in his discharge. 

Issue 3.  The Applicant believes that his discharge was improper because he did not receive a separation 
physical but was told to sign a paper saying he had one done.  The records indicate the applicant did receive 
a separation physical.  Certainly the applicant has not overcome the presumption of regularity.  Two 
documents in the medical record indicate he received a separation physical. 

Issue 4.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits that he understood he must receive an Honorable 
discharge to receive future educational entitlements.  The Board was sympathetic 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 upgrade. 

Issue 5.  Applicant contends that he should not have been discharged because he was frequently switched to 
different shifts.  The Board examined this claim and noted the applicant's medical records indicate he had 
difficulty adjusting to the different shifts, but also noted that much of his misconduct was not related to sleep 

issues so much as they were the result of his immaturity and poor judgment.  While the DRB recognized the 
applicant was young when the discharge took place, there is no evidence he was so immature he did not 
know right from wrong.  The DRB concluded that the characterization of the applicant's  discharge was 
appropriate due to the misconduct. 

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. 
I Attachment: 
Examiner's Brief 

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DEPARWNT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Pope AFB, NC on 24 Jun 04 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: S Jun 84.  Enlmt Age: 17 6/12.  Disch Age: 20 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-73,  G-66,  M-62. PAFSC: 2A630 - Aircraft Electronic & 
Environmental Systems Apprentice. DAS: 31 Mar 03. 

b.  Prior Sv:  (1) AFRes 20 Dec 01 -  29 Jul 02 (7 months 10 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 Jul 02 for 4 yrs. Svd: 1 Yrs 10 Mo 26 Das, all AMS. 

b.  Grade Status:  Amn  -  19 May 04 (Article 15, 19 May 04) 

A1C -  30 NOV 03 
Amn  -  30 Jan 03 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 19 May 04, Pope AFB, NC -  Article 92.  You, who knew of 
your duties, on or about 15 Apr 04, were derelict in the 
performance of those duties in that you willfully failed 
to meet the minimum standards of your dormitory room. 
You, who knew or should have known of your duties, on or 
about 10 Mar 04, were derelict in the performance of 
those duties in that you willfully operated a motor 
vehicle without a driver's license, as it was your duty 
to do.  You, who knew or should have known of your 
duties, on or about 10 Mar 04, were derelict in the 
performance of those duties in that you willfully 
operated a motor vehicle without proof of insurance, as 
it was your duty to do.  You, who knew or should have 
known of your duties, on or about 8 Mar 04, were 
derelict in the performance of those duties in that you 
willfully operated a motor vehicle without proof of 
insurance, as it was your duty to do.  You, who knew or 
should have known of your duties, on or about 8 Mar 04, 
were derelict in the performance of those duties in that 
you willfully operated a motor vehicle without a 
driver's license, as it was your duty to do.  You, who 

knew or should have known of your duties, on or about 8 
Mar 04, were derelict in the performance of those duties 
in that you willfully failed to wear your seatbelt, as 
it was your duty to do.  You, who knew of your duties, 
on or about 16 Apr 04, were derelict in the performance 
of those duties in that you willfully failed to refrain 
from sending a chain email letter, as it was your duty 
to do.  Reduction to Airman, 30 days extra duty, and a 
reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 07 APR 04 -  Late for duty. 

LOR, 23 SEP 03 -  Failure to go. 
RIC, 22 AUG 03 -  Late for duty. 
RIC, 07 JUL 03 -  Late for duty. 
RIC, 08 MAY 03 -  Late for duty. 

LOR, 22 MAR 04 -  Failed dorm room inspection and tampering 

with the smoke alarm. 

f.  CM:  None. 

g.  Record of SV: 30 Jul 02 -  29 Mar 04  Pope AFB  3  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (6) Mos  (5) Das 

TAMS: (1) Yrs  (10) MOS  (26) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Apr 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Article 15, 19 May 04. 
3. DD Form 214. 

7.  SUPPORTING DOCUMENTS (X  as applicable) (Please print name and Social Security Number on each document.) 
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i  WILL NOT  BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 
: ARE LISTED  BELOW AND ARE AlTACHED  TO THIS APPLICATION: (Continue on a plain sheet ofpaper if more space h needed.) 

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a.  DOCUMENT  1: 
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b.  DOCUMENT 2: 

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c.  DOCUMENT 3: 
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8.  ISSUES 

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The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However,  the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need more space, submit additional issues on an attachment. 

- - - - - - - - - - -  f wiH be-honest and straight to thepoint.- I believe i deserve to have my discharge(generalunder  - - - - - - 
-honorablemndition$ changed to an HonorabkDischarge; -Formy-butts in the military and*ingsi-have~ecordsmf  - 
-doing;fblameno  one -eise-butmy setfad onlymyse1f.- In fact-Iwonl&havejust accepted m y  dischargeif it@  not- - 
k n - f b r  how my eommanderd-fst Sgt presented me-withmy -Wide 15;  -A partidarvehickincident had- - - - - - - 
-happend andthat seemed tu havebeerrttre-fhndation formc~ecieving thepaperworkirecieved; -Theytoakalmmt - - 
-every peice-OEgaper workthey gave me and attatchedit tothe-vehicle-incident and gave me an article-15s -They RE-- - 
-punislie-&me-for cwsiqnences-m-dsenteacesi-liadalrea-Wse-meb forthe-s~le poptpose of dris Article- 15.- Irbid-not- - - 
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-m-NY-a-n-  =.- lcie 15 for diings like-hiik 
seem rigR€a~t-all.- ffyoa loakbaTck-at-ail the-re~0&fi0mth3-43AMXS  you-will find-a301 ofpebpre-whb%a~e-go'tten- - 
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is, they are sfin'lii the SqiiadronW6rkiiig.- I gbf Zli~3hgige-d~becauSC 6f 6ne;n6rialEho~~u11'c~cX~g~.- NSo if you 
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m€0-fhe-t*Im5~0f my-diSch3fge and -&icle  17 5;yolrn0tice that there wCr3-4 iriidiVidu3Is-wh6 ?at fie Same tihie ~IS  me - - - 
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were getfig articlE1-5s-alSo.-F~ow I lostall-of my-Ssrcand go€  a SEHlDUS-de-ducfioii bfpay; bitall-thEygbt were- - 
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extra duty sentences.Ti6 Kig aboiii itiS iliq were nof discharged; dembikd, oi--dedbEEd iri pay,5ndtlik?-alI  had - - - - 
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under age d r i ' g  charges. I got an articre-15 fofa v6liiCl6iEideni.- Xs-ycii in-~ilrncitice hi not bIi5irig Giy fhing - 
iliaikb-&npu;lish-Ldforin the past-6 Giy6odyGlie b ~ i  WCeIf: -I"veiG+fediliai.3utiwill kGntinu6 i~ befieci - - - 
ow been robbed of my oppo&iiEi.-  PeopTe-Thavee66CnnGEfiiGIf ai&haf@i;  -&Xif  happincd fiat - - - - 
-h-v-es-o-ke%-  - - 
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before my two year mark so i couldnt get my MGI bill.  The thing I joined the military for in the first place.  All I ask 
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is for you to give me an Honorable Discharge, and a discharge code change, so i can join the Air National Gaud and 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
get my opportunity to recieve a good edjucation.  I was fresh out of the house,  I did some pretty stupid things which 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
you will notice in y o u  review of my records, all of the trouble is behind me.  I learned my lesson, and I'm asking you 
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to notice and reward me for it also.  Thank you for reading fny issues and g e g  me an opportunity to do this. 
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driiikihg-m-de~age.- Some-e~en'hav3-mote rh-&-one. -The €hing- 

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i  I HAVE  LISTED ADDITIONAL ISSUES AS AN  AlTACHMENT TO THIS APPLICATION. 

- - - I   : I  PREVIOUSLY  SUBMITTED AN APPLICATION ON  (Enter date) 
I : THE ABOVE  ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

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I  AND AM COMPLETING THIS  FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

9.  CERTIFICATION 

I make the foregoing statements as  part of my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code,  Title 78, Sect;c.r? 7907. provides that an indi'i,idual shall Do  fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  DATE  (YYYYMMDD) a'' 

20050403 

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ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 

(See http://arba.army.pentagon.rnil) : 20374-5023 
DD FORM 293, DEC 2000 

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NAVY & MARINE CORPS 

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I I  Naval Council of Personnel Boards, I 
:  720 Kennon Street, S.E. 
;  Rm.  309 (NDRB) 
I  Washington Navy Yard,  DC 

AIR FORCE 

COAST GUARD 

I  SAFIMIBR 

:  550-C Street West, Suite 40 
: Randolph AFB,  TX  78150-4742 : Washington, DC  20593-0001 

: Commandant (G-WPM) 
: 2100 Second Street,  S.W. 

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Page 2 of 4 Pages 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 43D AIRLIFT WING (AMC) 

POPE AFB NORTH CAROLINA 28308 

MEMORANDUM FOR  A 

FROM:  43 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 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 an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about  15 Apr 04, you were derelict in the performance of your duties in that you 
willfully failed to meet the minimum standards of  your dormitory room, as documented by AF 
Form  3070, Record of Nonjudicial Punishment, dated  19 May 04. 

b.  On or about 10 Mar 04, you were derelict n the performance of your duties in that you 
willfully operated a motor vehicle without a driver's  license, as documented by an AF Form 
3070, Record ofNonjudicia1 Punishment, dated  19 May 04. 

c.  On or about 10 Mar 04, you were derelict in the performance of your duties in that you 
willfully operated a motor vehicle without proof of insurance, as documented by AF Form 3070, 
Record of Nonjudicial Punishment, dated  19 May 04. 

d.  On or about 8 mar 04, you were derelict in the performance of their duties in that you 
willfully operated a motor vehicle without proof of insurance, as documented by AF Form 3070, 
Record of Nonjudicial Punishment, dated  19 May 04. 

e.  On or about 8 Mar 04, you were derelict in the performance of your duties in that you 
willfully operated a motor vehicle without a driver's  license, as documented by AF Form 3070, 
Record of Nonjudicial Punishment, dated 19 May 04. 

f.  On or about 8 Mar 04, you were derelict in the performance of your duties in that you 
willfully failed to wear your seatbelt, as documented by AF Form 3070, Record of Nonjudicial 
Punishment, dated  19 May 04. 

g.  On or about 16 Apr 04, you were derelict in the performance of your duties in that you 
willfully failed to refrain from sending a chain email letter, as documented by AF Form 3070, 
Record ofNonjudicia1 Punishment, dated  19 May 04. 

h.  On or about 5 Apr 04, you failed to report for duty at the appointed time, as documented by a 
Letter of Reprimand, dated 7 Apr 04.