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NAME 06 SER\.'I('E MEhlBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

A FSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GEN 

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PERSONAL APPEARANCE 

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I N A M E  

b F  COliNSFl  AND OR ORGAN17A I  ION 

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ADDRESS AND OR OH<;ANl7,ATION  O F  COUNbEI. 

RECORDHEVIEW 

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MEMBER SITTING 

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*'VOTE.OF,TIIE  BOARD 
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ISSUES  A93.09 

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l N D t X  NUMBLW 

A67.10 

Ht.ARINC,  DATE 

08 Dec 2005 

CASE NUhlBER 

/  Casc heard at Washington, D.C. 

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EX@~KTS  SUBi$@'lTEr) *iY) THE BOARD 

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OKIIER APPOINTTNG 'I'HE  BOARD 
APPLICATION  FOR  REVIEW OF DISCI-IAKCit 
LE'l"fER  OF NOTIFICATION 
BRIEF 01: PERSONNEL FI 1.E 
COUNSEI.'S  RELEASE TO THE BOARD 
ADDI'I'IONAL EXHIBITS S U B M I T T I ? ~ T ~ T  

PERSONA!, APPLAKANCE i 

fi TAPE KECORDWG OF PFRSONAL A P P F K A K L E  

'IIMF  Or-- 

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I  AJ'PI.ICANI  S ISjCE AND TIE BOARV'S UtClSlOYAL RATIONAL AkE DISCUSSEVON  THE AlTACHED AIR FORCEDISLHARGEREVltW KIOAJUJ DECISIONAL  HATION4LF 
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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. 

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SAI-IMRRR 
550 C STRFET WtST. SlJITF 30 

FROM 

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r SECRETARY  O F T H E  AIR  PORCE PEWSONNEI  COUhC IL 

AIR FORCE DISCHAHLE RFVIEW  BOARD 
1535 COMMAND DR  EE W l h C .  3RD FLOOR 
ANDHEWS AFB. M D  20762-711112 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCIIARGK REVIEW BOARD IIECISIONAL RATIONALE 

CASE IVL1hlHF.R 

F])-2(,05-OUZ26 

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

'l'hc  applicant was offered a personal appearance before the Discharge Review Hoard (DRH) but declined to 
exercise this right. 

'l'hc attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

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

ISSUE:  Applicant does not contcst his discharge.  IIe states that he needs an honorable discharge in order to 
get a government job.  The records indicated  the applicant received two Article  15s.  One for dereliction  in 
t17e  performance of his duties by  wrongfully  using the unit recall roster for unofficial  business.  The second 
one for stealing various tools from the Air  Force.  lle also received  a Vacation action  under the IJCMJ  for 
wrongfully  wcaring  an earring while in uniform.  Finally, he received one  Letter of Reprimand, a Letter of 
Counseling  and  a  Lxtter  of  Admonislunent  for being  late  for  work  and  for  wearing  an  earring  while  in 
uniform.  The IIRH opined that  through  these administrative  actions, the applicant had  ample opportunities 
to  change  his  negative  behavior.  Tlle  Hoard  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: 
'1'11~ tlischarge  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 autllority and that the applicant was provided full administrative due process. 

In vicw 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: 
E;xaminerls Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH SRa) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr Altus AFB, OK on 17 Mar 02 UP 
AFI 36-3208, para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Jan 78.  Enlmt Age: 18 7/12.  Disch Age: 24 1/12. Educ: HS D I P L .  

AFQT: N/A.  A-65,  E-45,  G-37,  M-41. PAFSC: 2S051 -  Inventory Management 
Journeynan. DAS: 4 Mar 97. 

b.  Prior Sv:  (1) AFRes 12 Sep 96 -  01 Oct 96 (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  02 Oct 96 for 4 yrs.  Extended 04 Oct 99 for 18 months. 

Svd: 05 Yrs 05 Mo 16 Das, all AMS. 

b.  Grade Status:  A m  -  08 Nov 01 (Article 15, 8 Nov 01) 

SrA -  05 Dec 00 
A1C -  05 Apr 99 
A m  -  05 Jun 98 
AB  -  05 Dec 97 (Vacation of Article 15, 5 Feb 98) 
Amn  -  02 Apr 97 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 08 Nov 01, Altus AFB, OK -  Article 121.  You, did, on 
divers occasions, between on or about 01 Sep 00 and on 
or about 01 Dec 00, steal various tools, military 
property, of a value of about $354.18, the property of 
the United States Air Force.  Reduction to Airman, and 
45 days extra duty.  (~ppeal/~enied) (No mitigation) 

( 2 )   05 Feb 98, Vacation, Altus AFB, OK -  Article 92.  You 

did, on or about 22 Jan 98, fail to obey a lawful 
general regulation, to wit: table 2.5, item # 6 ,  AFI 3 6 -  
2903, dated 01 Apr 96, by wrongfully wearing an earring 
while in uniform.  Reduction to AB.  (No appeal) (No 
mitigation) 

(3) 05 Dec 97, Altus AFB, OK  -  Article 92.  You, who knew 

of your duties, on or about 23 Oct 97, were derelict in 
the performance of those duties in that you willfully 
and wrongfully used your recall roster for unofficial 

purposes, to wit: making harassing telephone calls to 
other airmen at their private residence telephone 
numbers using information which was protected by the 
Privacy Act, as it was your duty not to do.  Suspended 
reduction to AB.  (No appeal)  (No mitigation) 

e.  Additional: LOA, 20 AUG 01 -  Late for work. 
LOC, 29 JUN 01 -  Late for work. 
LOR, 29 JAN 98 -  Wearing an earring while in uniform. 

f.  CM:  None. 

g .   Record of SV: 02 Oct 96 -  01 Jun 98  Altus AFB  3  (Initial) 

02 Jun 98 -  08 Nov 98  Altus AFB  4  (CRO) 
09 Nov 98 -  01 Jul 99  Altus AFB  5  (CRO) 
02 Jul 99 -  16 Jan 00  Altus AFB  5  (CRO) 
17 Jan 00 -  16 Jan 01  Altus AFB  5  (Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, AFOUA W/3  DEVS, AFGCM. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (06) Mos  (06) Das 
TAMS: (05) Yrs  (05) Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Jun 05 

(Change Discharge to Honorable) 

Issue 1:  I would like to get a government job.  The requirements call for a 

(sic) honorable discharge with three years experience. 

ATCH 
1. Request and Authorization for Separation. 
2. DD Form 214. 

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DEPARTMENT OF THE AIR FORCE 

Air Education and Training Comtnand 

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fp@5-80 

Altus A u  Force Base, Oklahoma 

FROM:  97 TRANSICC 

SUBJECT:  Notificatiox~ Letter 

recommending your discharge Erom  the United States Air Force for Minor Disciplinary 

1.  I 
Infractions.  The authority fbr this action is AFPD 36-32 and AFI 36-3208, Section 5H, 
paragraph 5.49.  If you  are dis~liarged your service may be characterized as honorable, general, 
or under other than honorable conditions.  I am recommending that your service be characterized 
as general. 

2.  My reasons for this action are: 

a.  Between on  or about 1 Sep 00 and on or about 1 Dec 00, you stole various tools, the 

property of the U S N .  For this misconduct, you received Article  15 Non-Judicial Punishment on 
8 IVov 01 and this discharge action was initiated. 

b.  On or about 20 Aug 01, you were over an hour late for duty.  For this misconduct, you 

received a Letter of Admonishment (LOA). 

c.  On or about 29 Jun 01, you were late for duty.  For this misconduct, you received a 

Letter of Counseling (LOC). 

d.  On or about 22 Jan 98, you failed to obey a lawhl general regulation by wrongfully 

wearing an earring while in uniform.  For this misconduct, you received a Record of Proceedings 
of Vacation of Suspended Non-Judicial Punishment a d  a Letter of Reprimand (LOR). 

e.  011 or about 23 Oct 97, you were derelict in the performance of your duties when you 

willfully and wrongfully used your recall roster to make harassing telephone calls to other 
airmen at their private residencc.  For this misconduct, you received Article 15 Non-Judicial 
Punishment. 

3.  Other derogatory data: 

On or about 16 Nov 99, you were denied tlle Air Force Good Conduct Medal (AFGCM) 

for the period of 30 Sep 96 through 1 Oct 99. 

4.  Copies of the documents to be forwarded to tlle separation authority in support of this 
recommendatioii are attached.  The commander exercising SPCM jurisdiction or a higher 

authority will decide whether you will be discharged or retained in the A r  Force and if you are 
discharged, how your service will be charactcrized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and  any special pay, bonus, or education funds may be subject 
to recoupment. 

5 .   You have the light to consult coiinsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain- 
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. You may consult civilian counsel at your own expense. 

Building 52 on 

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at 

I  L100  k r s  

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to considcr must reach me by 
you request and receive an extcnsio~i for good cause shown.  T will send them to the separation 
authority. 

17 fl A&  'L  (3 duty days) unless 

7.  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. 

8.  You havc been scheduled for a medical examination.  You must report to the base hospital, 
family practice, at  1 0 15  krs  on  tI  &la r  9-a 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT  36-3205 is available for your use in the unit orderly room. 

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

Commander 

Attachments: 
1.  Supporting Documents 

a.  AF Form 3070 wlatchs, dated 8 Nov 01 
b.  LOA, dated 20 Aug 01 
c.  LOC, dated 29 Jun 01 
d.  AF Form 366, dated 5 Feb 98 
e.  LOR, dated 29 Jan 98 
f.  AF Form 3070, dated 5 Dec 97 
g.  Denial of AJ?GCM, dated  16 Nov 99 

2.  Airmm's Receipt of Acknowledgeinent