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1  NAME OF  SEHVI('E  MEMRER (LAST, FlHS1 MIUU1,E  1NI'I.IAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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NAME O F  COUNSEL AND OR ORGANUA rlON 

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MEMBER SlTTlNG 

ISSUES  A93.09 

INDEX NUMBER 

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EXHIBITS BUBW~'PTED $6 TflE BOARD 

ORI.>F:K APPOIN.I'WG  'l'Ht.1 BOARD 
APPLICA'TION FOR REVIEW OF DISCHARGE 
L.E'IfEK  OF NO'l~II~ICA'l'ION 
BRIEF OF PERSONNEI. F1l.E 
C:OI.JNSEI.'S  RELEASE '1.0  THE UOAKD 
AT)DITIONAL  I?XHTRITS  SUBMITTED AT TIME OF 
PERSONAI. APPEARANCE 

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TAPE KEC:ORDINC;  OF PERSONAL APPEAKANCF 

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HEARING  UA I E  

1  27 Dec 2005 

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CASE NIIMUER 

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I  FD-2005-00220 

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4PPI  I(  AYT  S  17SI'E AW T I E  B O W ' S  DECISIO'\  4L  KA1 IOUhL  AKE 1)ISCUSSFD ON TliF ATTACIITD AIR FOR(%  Dl% H WClt KtVlEW B U W  DECISIONAL  RATIONALE 

Case heard  at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without 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. 

550 C STKCE t  WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

\FCRErARY  OF IHE AIR FORCF  I'FRSDNNEL  COUNCIL 
AIR FORCE DISCllARGt  REVIEW  BOARD 
1535 COMMAND UR, EE WING, 3RD rLOOR 
ANDREW5 AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CA.  NUMRER 

i 
'F 
FD-2005-00220 

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

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

Tlle attached brief contains available pertinent data on the applicant and the factors leading to the dischargc. 

FINDINGS:  Upgrade of discharge is denied. 

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

ISSUE:  Applicant does not contest his discharge.  He states that he has matured  ovcr the past few years and 
learned  to take more responsibility  over things  in his  life.  The records indicated the applicant  received an 
Article  15 for failing to pay his debt from his Bank of America travel card.  In addition, he also received four 
Letters  of  Reprimand,  two  Kccords  of  Individual  Counseling  and  one  Memorandum  for  Record  for 
inisconduct  for  failure  to  go  and  financial  irresponsibility.  The  DRR  opined  that  through  these 
administrative actions, the  applicant  had  ample opportunities to  change  his  negative  behavior.  The  Board 
concluded the lnisconduct was a significant departurc from  conduct expected of all military  members.  The 
characterization of  the  discharge  received  by  the  applicailt  was  fbund  to  be  appropriate.  The  board  also 
noted that the applicant's problems happened  in a  7-month period  and  that his  5  '/z  years  prior to that  wcrc 
if  he  can  provide  additional  documented  information  to 
satisfactory  with  no  incidents  of  misconduct. 
substantiate an issue, i.e., divorce and child support issues, the applicant sllould consider exercising his right 
to  make  a  personal  appearance  bef'ore 
the  Board.  If  hc  should  choose  to  exercise  his  right  to  a  personal 
appearance  hearing,  the  applicant  should  be  prepared  to  provide  the  DRl3  with  factual  evidcnce  of'  the 
inequity and any cxcmplary post-service accomplishments as well as any contributions to thc comm~mity. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  coilsistcnt  with  the 
procedural  and  substantive  requirements  of the  discharge regulation  and  was  within  the  discrction  of  the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings tlle Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge sllould not be changcd. 

Attachment: 
Examiner's Brief 

DEPARTNENT OF THE AIR FORCE 

AIR FORCE DISCHARGE R W I E W   BOARD 

ANDREWS  AFB,  MD 

(Former SRA)  (HGH SSGT) 

1.  MATTER UNDER ReVIEW:  Appl rec'd a GEN ~ i s c h  fr F.E. Warren AFB, WY on 02 Dec 
02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOE:  11 Nov 74.  Enlmt Age: 21 7/12.  Disch Age: 28 0/12. Educ: HS DIPL. 

M-43. PAFSC: 2T355  -  Vehicle Body ~aintenance 

AFQT: N/A.  A-42,  E-47,  4 
Journeyman. DAS: 20 Sep 00. 

b.  Prior Sv: (1) AFRes 17 Jun 96 -  27 Aug 96  (2 months 11 days) (~nactive) . 

months 22 days, all AMS.  AMN  -  28 Feb 97.  A1C -  28 Dec 97.  S r A   -  28 Aug 99. 
E P R s :   5 , s .  

(2) Enlisted as AB 28 Aug 96 for 4 yrs.  Svd: 03 yrs 04 

3 .   SERVICE UNDER  REVIEW: 

a.  Reenlisted as SrA 19 Jan 00 for 6 yrs. Svd: 02 Yrs 10 Mo 13 Das, all 

AMS . 

b.  Grade Status:  SrA -  06 Aug 02 (Article 15, 06 Aug 02) 

SSgt -  01 Jan 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 06 Aug 02, F.E. Warren AFB, WY -  Article 134.  You, 

being indebted to Bank of America in the sum of 
$1,248.70 for items of value, which amount became due 
and payable on or about 28 May 02, did, from on or about 
28 May 02 through on or about 23 Jul 02, dishonorably 
fail to pay said debt.  Reduction to SrA, and a 
reprimand. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR/UIF, 30 SEP 02 -  Financial irresponsibility. 

LOR/UIF, 24 SEP 02 -  Failure to go. 
LOR/UIF, 18 AUG 02 -  Failure to go. 
MFR, 06 AUG 02 -  Financial irresponsibility. 
LOR, 08 MAR 02 -  Failure to go. 
RIC, 07 MAR 02 -  Late for work. 
RIC, 19 FEB 02 -  Failure to go. 

f.  CM:  None 

f.  Record of SV: 28 Apr 99 -  27 Apr 00  Osan AB 

5  (Annual) 
28 Apr 00 -  27 Apr 01  F.E. Warren AFB  5  (Annual) 
28 Apr 01 -  27 Apr 02  F.E. Warren AFB  3  (Annual) 

h.  Awards &  Decs:  AFAM, AFLSAR, AFTR,  NDSM, AFOUA W/1 OEC, AFGCM W/1 OLC. 

i.  Strnt of Sv:  TMS:  (06) Yrs  (05) Mos  ( 1 6 )   Das 
TAMS:  (06) Yrs  (03) MOS  (06) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 06 Jun 05. 

(Change Discharge to Honorable) 

Issue 1:  I feel as a person I've matured over the past few years and I've 

learned to take more responsibility over things i n  my l i f e .   I hope that you can 
see that I'm really a better person over the things that happened.  Thank you. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

90TII SPACE WING (AFSPC) 

FROM:  90 LRS/CC 

SUBJECT:  Notification Letter-Board  Hearing 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 
5.50.2.  Copies of the documents to be forwarded to the separation authority to support this 
recommendation are attached. 

2.  My reasons for this action are: 

a.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 13 Feb 02, were 
derelict in the performance of your duties, in that you willfully failed to report to your scheduled 
appointment.  For this misconduct you received a Record of Individual Counseling (RIC), dated 
19 Feb 02. 

b.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 1 Mar 02; on or 

about 5 Mar 02; and on or about 7 Mar 02, were derelict in the performance of your duties, in 
that you failed to go at the time prescribed to your appointed place of duty, Bldg 1245.  For this 
misconduct you received an FUC, dated 7 Mar 02. 

c.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 8 Mar 02, were 
derelict in the performance of your duties, in that you willfully failed to go at the time prescribed 
to your appointed place of duty.  For this misconduct you received a Letter of Reprimand (LOR), 
dated 8 Mar 02. 

d.  You, being indebted to Bank of America in the sum of $1,248.70 for items of value, which 

amount became due and payable on or about 28 May 02, did at or near Francis E. Warren Air 
Force Base, Wyoming, from on or about 28 May 02 through on or about 23 Jul02, dishonorably 
fail to pay said debt.  For violation of UCMJ, Article  134, you received an Article 15, dated 
6 Aug 02. 

e.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 18 Aug 02, were 
derelict in the performance of your duties; in that you willfully failed to go at the time prescribed 

to your appointed place of duty during a wing level recall.  For this misconduct you received an 
LOR, dated 18 Aug 02.  This information was placed in your Unfavorable Information File 

f.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 3 Sep 02, did 

show your supervisor a money order stub which you stated was a payment for your Bank of 
American Government Travel Card, which was false.  On or about 25 Sep 02 an investigation 
disclosed that you in fact did not make that payment.  For this misconduct you received an LOR, 
dated 30 Sep 02.  This information was placed in your UTF. 

g.  You, at or near Francis E. W'men  Air Force Base, Wyoming, on or about 19 Sep 02 and on 
or about 23 Sep 02, were derelict in the performance of your duties; in that you willfully failed to 
go at the time prescribed to your appointed place of duty.  For this misconduct you received an 
LOR, dated 24 Sep 02.  This information was placed in youflJlF. 

@ 

3.  This action could result in your separation with an under honorable conditions (general) 
discharge.  I am recommending that you receive an under honorable conditions (general) 
discharge.  The commander exercising SPCM 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 
Air Force and will probably be denied enlistment in any component of the armed forces, and any 
special pay, bonus, or education assistance funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

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

d.  Submit statements on your own 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. 

5.  Military legal counsel has been obtained to assist you.  I have made an appointment for you to 
consult with an attorney at the Area Defense Counsel's Office at Building 292, extension 3248, 
. Instead of the appointed counsel, you may have 
o n ~ 6 c f ~ a .
another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 51 -201.  In addition to military counsel, you have the right to 
employ civilian counsel.  The Air Force does not pay expenses incident to the employment of 
civilian counsel.  Civilian counsel, if employed, must be readily available. 

/Coo 

 at 

6.  Codex with your counsel and reply, in writing, within seven workdays, specifying 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 own 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 fiilure will constitute a waiver of the right to the board hearing. 

7.  You have been scheduled for a medical examination.  You must report to Physical Exams at 
0730 hours, on  1~ 11 L ~ O X  

for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of M I  36-3208 is available for your use in your Command Support Staff office. 

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

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

Commander, 90th Logistics Readiness Squadron 

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Attachments : 
1.  RIC, dated 19 Feb 02 
2.  RIC, dated 7 Mar 02 
3.  LOR, dated 8 Mar 02 
4.  Article  15, dated 6 Aug 02 
5.  LOR, dated 18 Aug 02 
6.  LOR, dated 30 Sep 02 
7.  LOR, dated 24 Sep 02 
8.  Other derogatory data not listed in the Notification Memorandum: Unfavorable Information 
File Summary