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
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lNDEX IUMBER
- - I
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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Z
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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:
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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
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