AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

   

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TYPE GEN

 

PERSONAL APPEARANCE

x RECORD REVIEW.

 

 

   

'| NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

 

 

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ISSUES 493.09

INDEX NUMBER A67.10

_ EXHIBITS SUBMITTED TOTHE BOARD: =

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

Ba [G2 [ro fw

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

TAPE RECORDING OF PERSONAL APPEARANCE

 

HEARING DATE

20 Dec 2005

   

Case heard at Washington, D.C.

CASE NUMBER

 

 

 

 

Names and votes will be made available to the applicant at the applicant’s request.

SIGNATURE

 
  

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.

 

SAF/MRBR

 

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2) Previous edition will be used
CASE NUMBER :

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2005-00232.

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

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, 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: Applicant does not contest his discharge. He states that he knows it was warranted but would now
like to enlist in the Reserves. The records indicated the applicant received an Article 15 for drinking under
age, entering the dormitory hallway of members of the opposite sex, stealing two compact discs and fleeing
apprehension from a store detective. In addition, he also received a Letter of Reprimand for dereliction of
duty. 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.

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.

Attachment:
Examiner's Brief
FD2005-00232

DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr Sheppard AFB, TX on 24 May 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: 11 Nov 84. Enlmt Age: 18 1/12. Disch Age: 22 6/12. Educ: HS DIPL.

AFOT: N/A. A-55, E-62, G-57, M-39. PAFSC: 1T111 - Aircrew Life Support
Helper. DAS: 9 Dec 03.

b. Prior Sv: (1) AFRes 13 Dec 02 - 26 May 03 (5 months 14 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 27 May 03 for 6 yrs. Svd: 0 Yrs 11 Mo 28 Das, all AMS.

b. Grade Status: AB - 14 Apr 04 (Article 15, 14 Apr 04)
Alc - 11 Jul 03

c. Time Lost: None.

om Art 15’s: (1) 14 Apr 04, Sheppard AFB, TX - Article 92. You, who
knew or should have known of your duties at or near
Sheppard AFB, Texas, on or about 17 Mar 04, were
derelict in the performance of those duties in that you
willfully failed to refrain from consuming alcoholic
beverages while under the legal drinking age of 21, as
it was your duty to do. You, who knew or should have
known of your duties at or near Sheppard AFB, Texas, on
or about 17 Mar 04, were derelict in the performance of
those duties in that you willfully failed to refrain
from entering the dormitory hallway of members of the
opposite sex, as it was your duty to do. Article 95.
You, did, at or near Sheppard AFB, Texas, on or about 25
Feb 04, flee apprehension by running away fron ip

an Army Air Force Exchange Service store
etective, a person authorized to apprehend the accused.

Article 121. You, did, at or near Sheppard AFB, Texas,
on or about 25 Feb 04, steal two compact discs of a
value of about $21.90, the property of the Army Air
Force Exchange Service. Article 134. You, were, at or
near Sheppard AFB, Texas, on or about 17 Mar 04
disorderly. Reduction to AB, and forfeiture of $400.00
FD2005-00232

pay. (Appeal/Denied) (No mitigation)

e. Additional: LOR, 27 JAN 04 - Dereliction of duty for failing to obey a
lawful order or regulation.

f. CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (1) Yrs (5) Mos (12) Das
TAMS: (0) Yrs (11) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 Jun 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. Request and Authorization for Separation.

3. DD Form 214 (Member-1).

14JUL05/ia
L3 JUN 2005 bp ZeoS- 6@Z 52

APPLICATION FOR THE REVIEW OF DISCHARGE Form Approved

FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection

of information, including suggestions for reducing the burden, to the Department of Defense, Executive Services and Communications Directorate (0704-0004), Respondents should be aware

that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB

eee pene: eee DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON
GE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.0, 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Social Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed}. PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (X one) MARINE conPs | | NAVY x | AIR FORCE [coast cuarp

bh. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
E1/AB
2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED /X one) | 5. BOARD ACTION REGU D (X one)
{YYYYMMDD) [if date is more than 15 years HONORABLE X | CHANGE TO HONORABLE

auc, subnet a RGtrorm 142) %¢ | GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER

20040524 HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS EHANGE TO UINGHARAGTERIDED

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only} (Not applicable for Air Force}

OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
361TRS Sheppard AFB Witchitaw OTHER (Explain) SEPARATION TO:
Falls TX

6. ISSUES: WHY AN UPGRADE OR CHANGE iS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 14. See instructions on

I an Sarrently trying to enlist in the Active Duty Reserves as a CATM instrustor at Warner Robbins Air Base GA. This should be

the final step in achieving that. I believe that the upgrade is justified bacause although I know that my discharge was warranted,
none of the same mistakes will be repeated. I am a driven, hard working person and am trying to make the best life possible for my
new-family. I was young, inexperienced in the world and made poor judgement decisions which i take full responsibility for.

a 7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON fryyymmopp)

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 17.
#f military documents or medical records are relevant to your case, please send copies.)

-Character references from employers and other associates (non-related)
-Original discharge paperwork(DD Form214, AF IMT 100, 20030915) COPIES

 

 

 

 

 

 

 

9, TYPE OF REVIEW REQUESTED (X one)

x CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. 1 AND/OR {counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR {counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR {counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state} (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle initial) AND ADDRESS |b. TELEPHONE NUMBER (include Area Code}
(See item 10 of the instructions about counsel/representative.)

 

 

 

 

 

 

 

 

c. E-MAIL

 

d. FAX NUMBER (/nciude Area Code}

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. {if the record in question is that of a deceased or incompetent person, LEGAL PROOF OF

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name (print) : and relationship by marking a box below.

| _|spouse| | wipow [| |wipower | | nexrorKin | | LEGAL REPRESENTATIVE| _ | OTHER (Specify)

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUN ERaliag
(Forward notification of any change in address.}

 

d. FAX NUMBER {include Area Code)

13. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do net write in this space.)
and 10017, provide that an individual shall be fined under this title or imprisoned not more than 5 years,

or both.). FD 4005 -00132

b. DATE SIGNED - REQUIRED
{YYYYMMDD}

20050609
EDITIONS ARE OBSOLETE. Page 1 of 4 Pages
FD2e0 S-08 ASX

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

6 May O+

MEMORANDUM FOR Abi 61 TRS

FROM: 361 TRS/CCQ
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for 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 honorable or under
honorable conditions (general). I am recommending that your service be characterized as under

honorable conditions (general).
2. My reasons for this action are:

a. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 17 Mar 04, were derelict in the performance of those duties in that you willfully failed to
refrain from consuming alcoholic beverages while under the legal drinking age of 21, as it was
your duty to do. For this misconduct and subparagraphs “b,” “c,” “d,” and “e,” below, you
received Article 15 punishment on 14 Apr 04.

b. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 17 Mar 04, were derelict in the performance of those duties in that you willfully failed to
refrain from entering the dormitory hallway of members of the opposite sex, as it was your duty

to do.

c. You were, at or near Sheppard AFB TX, on or about 17 Mar 04, disorderly.

d. You did, at or near Sheppard AFB TX, on or about 25 Feb 04, steal two compact discs of a
value of about $21.90, the property of the Army and Air Force Exchange Service.

e. You did, at or near Sheppard AFB TX, on or about 25 Feb 04, flee apprehension by

running away fon « Army and Air Force Exchange Service store detective, a
person authorized to apprehend the accused.

f. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 26 Jan 04, were derelict in the performance of those duties in that you, by your.own
admission, failed to study two hours a day, seven days a week, and failed to make and use at
least 50 flashcards per block, as it was your duty to do. For this misconduct, you received a
Letter of Reprimand (LOR) on 27 Jan 04.
FD BOS G0ZF Z-

   

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained iri the Air Force and, if you are
discharged, how your service will be characterized. 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.

3. You have the right to consult counsel. Milit legal counsel has been obtained to assist you.
[have made an appointment for you to consult ay . Area Defense Counsel, at

BLDG 1638, on _7 May OY at IG Co hours. You may consult civilian
counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by ]}! May o4 , unless you request and

receive an extension for good cause shown. I will send them to the separation authority.

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

6. You were scheduled for a medical examination on 3 May Of.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the 361 TRS student administration office.

8 Execute the attached acknowledgment and return it to me immediately.
Squadron Section Commander

Attachments: (listed on next page)
FD 200 5-00 B57.

   

 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 

1. AF Form 3070, 14 Apr 04

2. Response to Article 15, ay 5 Apr 04
3. Appeal of Article 15 Action, 19 Apr 04

4. 361 TRS/CC Memo, 20 Apr 04

5. AF Form 1364, 17 Mar 04

6. AETC Form 1235, 18 Mar 04

7. AF Form 1168, 17 Mar 04

8. AF Form 1168, 17 Mar 04
9, AF Form 1168, 7 Mar 04

10. AF form 1168, 7 Mar 04

11. AF Form 1168, 7 Mar 04

12. AF Form 1168, 17 Mar 04

13. AF Form 1168, 17 Mar 04
14. AF Form 1168, 7 Mar 04

15. AF Form 1168, 17 Mar 04

16. AF Form 1168, 17 Mar 04

17. AF Form 1168, 17 Mar 04°

18. AF Form 1168, 17 Mar 04
19. AF Form 1168, 17 Mar 04
20. AF Form 1168, 17 Mar 04
21. AF Form 1168, 17 Mar 04
22. AF Form 1168,

23. AF Form 1168, 17 Mar 04
24. AF Form 3545, 26 Feb 04 w/7 atch

25. AF Form 1168, 25 Feb 04

26. LOR, 27 Jan 04

27. Student Training Report, 04013

28. AETC Form 173, 13 Feb 04

29. AETC Form 125A, 5 Dec 03

30. Student Training Report, 03042

31. MFR, QP 29 Apr 04

32. Airman’s Receipt to Notification Memorandum b)