AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

NAME OF' SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

1 

TYPE  GEN 

a?sm 

1 

PERSONAL APPEARANCE 

NAME b~ COUNSEL A N D  OR ORGANIZATION 

GRADE 

1  AMN 

X 

A r C h l t C C I  A  = r  

RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

t ISSUES  A93.09 

) 

lNDEX IUMBER 

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A67.10 

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EXHIBITS SUBMIITED TO THE BOARD 

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

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

1 

CASE NUMBER 

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HEARING DATE 

'  15 Dec 2005 

AF'PLICANT'S  lSSUE AND THE BOARD'S  DEWSIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witWwithout counsel, and the right to 
submit an application to the AFBCMR 

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TO: 

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

AFHQ FORM 0-2077, JAN 00 

IMDORSEMENT 

FROM: 

DATE:  12/15/2005 

 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW 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-2005-00210 

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

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

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 
I FINDINGS:  Upgrade of discharge is 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 does not contest his discharge.  He states that he wants an upgrade in order to get his GI 
Bill  benefits.  The  records  indicated the  applicant received  two  Letters  of  Reprimand with  Unfavorable 
Information  Files,  two  Records  of  Individual  Counseling,  and  three  Memorandums  for  Record  for 
misconduct, including being late for work on numerous occasions, failing to do assigned details and failing 
his dorm room checks.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to  change  his  negative  behavior.  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.  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, he  signed a 
statement (DD Form  2366) 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. 

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. 

upgrade of discharge, thus the applicant's discharge should not be changed. 

I In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis foi 
1 Attachment: 

Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  M D  

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Mountain Home AFB, ID on 18 
Jun 93 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Nov 73.  Enlmt Age: 18 1/12.  Disch Age: 29 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-58,  E-54,  G-48,  M-73. PAFSC: 47231B - Apprentice Specialist 
Vehicle Mechanic Firetrucks. DAS: 22 Mar 93. 

b.  Prior Sv: (1) AFRes 9 Jan 92 -  17 Sep 92 (8 months 9 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Sep 92 for 4 yrs. Svd: 0 Yrs 9 Mo  1 Das, all AMS. 

b.  Grade Status:  Amn  -  18 Mar 93 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  ~dditional: LOR/UIF, 25 MAY 93 -  Failure to complete assigned duties. 

LOR/UIF, 20 MAY 93 -  Failure to go. 
RIC, 19 MAY 93 -  Late for work. 
DD 1408, 07 MAY 93 -  Traffic ticket for no right 

light/lens, no driver's side mirror, 
no proof of registration nor 
insurance. 

MFR, 08 APR 93 -  Failed dorm room spot check. 
MFR, 06 APR 93 -  Failed to do assigned detail. 
MFR, 6 &  8 APR 93 -  Late for work. 
RIC, 25 MAR 93 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yrs  (5) Mos  (10) Das 

TAMS: ( 0 )   Yrs  (9) Mos  (1) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Apr 05. 

(Change Discharge  to Honorable) 

Issue 1:  I am seeking this upgrade so that I may be eligible for my G.I. 

Bill moneys  (sic) for education, that I may be entitled to. 

ATCH 
None. 

FROM:  366  TRNSICC 

SUBJ:  Notification Letter 

TO: 

I 

I am recommending your discharge from the United States Air Force for 

1. 
ni-inor discipl inary infractions.  AFR 39-10,  paragraph 5-46,  authorizes this 
action.  If my recommendation is approved, your service will  be characterized 
as honorable or general.  I am recommending your service be characterized as 
general. 

2.  I'm  taking this action because of your misconduct consisting solely of 
minor disciplinary infractions.  Specifically: 

a.  On or about 19  Ma  1993,  you failed to report to your duty section at the 

required time (Atch 1 f . 

b.  On or about 18 May 1993,  you failed to coniplete an assigned dormitory 
detail  (Atch 2). 

c.  On 19  Ma  1993,  you failed to report to your duty section at the required 
time (Atch 3f. 

d.  On 7 May 1993,  you drove a motor vehicle without proof of registration and 
insurance (Atch 4). 

e.  On 8 Apri 1  1993,  you failed a dormitory room spot check  (Atch 5). 

f.  On 1 April 1993,  you failed to do an assigned detail  (Atch 6). 
g.  On 6 Apri 1  1993  and 8 Apri 1  1993,  you fai led to report to your duty 
section at the required time (Atch 7). 

h.  On 25  March 1993,  you failed to report to your duty section at the 
required time (Atch 8). 

3.  The Area Defense Counsel ha 
appointment for you to consult 
ho 
7 J V F ~  9 3  
discharge package is provided to your counsel for his review.  You may consult 
civi 1 ian counsel at your own expense. 

u.  I have made an 
Building 512,  on 
copy of your 

, at by,. 

4.  You have the right to submit statements in your own behalf. Any statements 
you want the separation authority to consider rnust reach me by  j 1  JIJW  IqQ-3 
unless you request and receive an extension for good cause shown.  I wi 1 1  send 
them to the separation authority. 

5.  Your failure to consult counsel or to submit statements in your behalf, 
will constitute a waiver of your right to do so. 

6 .   You must report to the USAF Hospital, Mt Home AFB, Examination Section, 
immediately for blood tests and at flw0  , on  10  IIJHP. 19q3 
you have been 
scheduled for a medical examination.  You must be in uniform.  If you wear 
glasses, wear them and also bring your shot records with you. 

7.  Any personal  information you furnish in rebuttal is covered by the Privacy 
Act as explained in AFR  39-10 (Atch 6).  A copy of AFR 39-10 is available for 
your use in the unit orderly room. 

8.  You will surrender your ID card to me immediately. 

9.  This letter authorizes you to proceed to the Securi  Police, Pass and 
Registration Section, Bldg 512, no later than  1  J u f l ~  1 
in your Mt Home AFB vehicle sticker and your uLAF vehicle decal after which 
you will be issued a temporary permit and a temporary ID card good for 90 
days, If your discharge action is still pending at the end of 90 days, another 
temporary ID card and temporary vehicle decal will be issued until the case is 
finalized. 

where you wi 11 turn 

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

8 Atchs 
1.  UIF w/LOR, dtd 25 May 93 
2.  UIF w/LOR. dtd 28 Mav 93 
3.  LOC, htd  i9 May 93  - 
4.  DD Form 1408, dtd 7 May 93 
5.  MFR, dtd 8 Apr 93 
6.  MFR, dtd 6 Apr 93 
7.  MFR, dtd 6 &  8 Apr 93 
8.  LOC, dtd 25 Mar 93