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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL, APPEARANCE 

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RECORDREVIEW 

1  ADDRESS A S D  OK OYCiASII\TIOI  OF C O C I I E l  

MEMBER SITTING 

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VOTE OF THE BOARD 
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oi  llir ~Ieclsioli of  ?he Boaid, the rig!lt  to ii personal  appearance withlwithout counsel. and the right to 

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I Nanics a~,il \orus will  he ~nadc available to the applicant at the applicant-s request. 
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DATE:  12/29/2005 

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\f  13.  1 x  iSlT{t-J742 

.91:kiC) FOIIR.1 0-2077. JAN 00 

SFCRETARY O t  THE AIR FORCE PERSO\\t.L  C O b \ <   I1 
AIR 1.ORCL. DlbCtlARGt Kt\.IE\I  BOARD 
IIJ~ COM'MA\D  DR  EE WI\G.  JRD E~~~~ 
,\YDREWS  AFB, ,MD 20762-7002 

Previous edition w i l l  be  used 

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GENEX4L:  The applicant appeals for upgrade of discharge  to honorable. 

exercise this right. 

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

1;INI)INGS:  Upgrade of discharge is denied. 

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

ISSUE:  Applicant  received a General Discharge for Misconduct - Minor Disciplinary  Infractions 

Applicant contends that  for one of his instances of misconduct he was called and ordered to duty to attend  a 
class when the dale had  not been clearly specified, thal  he  had not slept for over 24 hours, and  regrettably 
made comments over the phone  that  he should not have made, and that he  made the mistake of marrying 
somcone pregnanl with someone else's  child that he had known for only two months, thal she was bi-polar 
and i~nsrable, made threats on his life and frecluenlly called  his First Sergeant to make false claims, that 
incidents she created led to police being called on more than one occasion, and that these incidents affected 
his work, f'inal~ces, and  health. The Board was sympathetic to the issues submitted by  the applicanl; 
I~o\vcver, neither are a n~atter of inequity or impropriety which would warrant an upgrade. The records 
indicated the applicant received  an Article  15 for failure to go at the time prescribed  to his appointed place of 
duty  and for bcing disrespectful  in language to an NCO, a Vacation of Suspended Reduction  in Grade for 
i'ailure io go at the lime prescribed  lo his appointed place of duty, a Letter of Reprimand for lying to his OIC, 
21nd two Letters of Counseling, one for failure to go and one for failing to report to work as scheduled.  The 
DRB opined that  lhrough 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 
oi'all rtlilitary members.  The characterization of  the discharge received by the applicant was found to be 

CONCIAJSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
pr:~ccdul.sl ;u:d  substanlivt:  rccluirements  of  the  discharge  regulation  and  was  within  the  discretion  of  the 
clisch;~rge authority and that the applicant was provided full  administrative due process. 

I n  ~ i e w  01'  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. 

Ex:uui~ier's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  M D  

(Former A1C)  (HGH SRA) 

MISSING MPR 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Elmendorf AFB, AK, on 7 Dec 
04 UP AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Feb 81.  Enlmt Age: 18 0/12.  Disch Age: 23 9/12. ~ d u c :  HS DIPL. 

AFQT: N/A.  A-37,  E-55,  G-48,  M-76. PAFSC: 2T251 - Air   ran sport at ion 
Journeyman.  DAS: 1 Jun 01. 

b.  Prior Sv:  (1) AFRes 15 Mar 99 -  12 Oct 99 (6 mos 18 das)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Oct 99 for 6 years. Svd: 05 Yrs 01 Mo 25 Das, all 

AMS . 

b.  Grade Status:  A1C -  09 Jun 04 (Article 15, 3 Sep 04) 

SrA -  29 Mar 02 
A1C -  29 Nov 99 

c.  Time Lost:  None 

d.  Art 15's:  (1) 3 Sep 04 -  Vacation, Elmendorf AFB, AK -  Article 86. 

You, did, on or about 28 Jul 04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  Reduction to AlC.  (No appeal) (No mitigation) 

(2) 9 Jun 04 -  Elmendorf AFB, AK  -  Article 86.  You, did, 
on or about 5 May 04, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Article 91.  You, on or about 5 May 
disrespectful in language toward TSgt 
NCO, then known by you to be a NCO, 
execution of his office, by saying to him, "this is 
bullshit, I am not going to that shit," or words to that 
effect.  Suspended reduction to AlC.  Forfeiture of 
$500.00 pay per month for 2 months, 30 days extra duty 
and a Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 28 JUL 03 -  Lying to his OIC. 

LOC, 19 MAY 03 -  Failed to report to work as scheduled. 
LOCI 15 MAY 03 -  Failure to go. 
EXAMINER'S NOTE:  INFORMATION TAKEN FROM NOTIFICATION 

f.  CM:  None. 

LETTER 

g.  Record of SV: 13 Oct 99 -  15 Apr 01  Little Rock AFB  3  (Initial) 

16 Apr 01 -  15 Apr 02  Elmendorf AFB  4  (Annual) 
16 Apr 02 -  01 Dec 02  Elmendorf AFB  4  (CRO) 
02 Dec 02 -  01 Dec 03  Elmendorf AFB  3  (Annual) 

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h.  Awards &  Decs:  NDSM, AFLSA, AFTR. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (08) Mos  (13) Das 
TAMS:  (05) Yrs  (01) Mos  (25) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Jun 05. 

(Change Discharge to Honorable) 

Issue 1:  ISSSUES ATTACHED TO BRIEF. 

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1.  Applicant's Issues. 

EPARTMENT OF THE AIR  FOR 

PACIFIC AIR FORCES 

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MEMORANDUM PO 

FROM: 732 AMS/CC 

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SUBSECT.  Notification Memorandum 

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1.'I am recommending your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions.  The authority for this action is AF'PD 36-32 and AFI 
36-3208, paragraph 5.49.  Ifmy recommendation is :approved, your service will be characterized 
&lionorable or general.  I am recommendbig a general discharge. 

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2.  My reasons for this action are: 

a  On 7 May 03, you failed to attend a scheduled ERGO testing,appointment. For your 
misconduct you received a Letter of Counseling .(LOC)J dated 15 May 03 (Attachment 1). 

'6. On 19'May 03, you failed to report to work ai scheduled.  For your miscbnduct you 

received an LOC, dated 19 May 03 (Attachment 2). 

c.  On 24 Jul03, you were questioned by c

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 Air Terminal Operatio& Center 

Officer-in-Charge, about your Military Star Card account (AAJ?ES/BX charge account).  She 
requested the status of your charge account due to a couple of delinquent notices received by the 
asked to supply 
sectioii. You informed Cap 
. j;our dishonesty yoii received a 

proof of the good standing l!u!w ouat you w q  &able.  ?or . 

our a&@t  was higooh s t & ~ d i n g : ~ ~ & ~  

Letter of Reprimand (LOR), 'dated 28. Jul03 (Attachment 3). 

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d.  On 5 May 04, you were disrespectful in language toward ~s-and 

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to go to your appointdplace 
Article 15 punishment, dated 9 Jun 04, consisting of a suspended reductiun to airman %st  class, 
forfeiture of $500.0~~a$ per month for 2. rnchths, 30 daGextra duty, a;ld a reprimand.  This 
action established a .  Unfavorable Information ~ i l e  

of duty.  For your disrespect and failure to go you received an 

(UIFI) (Attachment 4 & 6)' 

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failed 

6.  On 28 Jul04, you failed to attend a mandatory scheduled appointment. Due to your 

to attend the critical training, a member from a different squadron had to replace you,  &awing s 
strain on another squadron of losing a productive person in their unit. For your misconduct, on 3 
Sep 04 you suspended reduction to airman f i t  class was vacated (Attachment 5). 

3,  Copies of the documents to be forwarded to the'separation authority in support of this 
recomendation.are attached.  The commander exekising SPCM jurisdiction ;or 6 higher 
authority .@ decide whether you are. discharged or rktained in 'the Air Force, afid if you are 
discharged; how your service will becharacteiized. If you are discharged, you will be ineligible 

for reenlistment in the Air Force, and any special pay, bonus, or education assistance fimds may 

.  be subject to recoupment. 

4. 'You have the right to consult legal cowel. Military 
you.  I have made an 
ointment 
Room 330 on 7 O~  y  at 
expense. 

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has been obtained to assist 

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5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach.me within'ihree duty days &er  the date of this: letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

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6.  If you fail to consult counsel or to submit statements in your own behalf, your fdure will 

;  constitute a waiver of your right to do so. 

.ydu mt  ' o ~ : w i t h , y ' d ~  

dediC.d., 

7;:. yFu hv&baen ichednled fbi ,&edied ilxetions... 

and r e W  fiom  the use of tobacco &iducts  for 6 hours, piioi ti cxaminatibn. B & ~  
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rtxmrds, io'tho 3id Amspace Medicine Squadron, Bldg 5595, at 03 o O o n ( c @ w  
for-your first exam, at which time you will be notified of the $me for your second exam:  Bring 
with YOU' th6 Medical Assesbent Lett% O D  FdrdX2697): You &e  'to ?efhhe&i d&obol f& 
'li h*, 
eyeglasses (and contact solution if usjng contacts) if applicable  You innst be hi inifow for 
these -t%udwtions. 
8.  Ydu W e  ~ekn~scheduled,fora Transition AS~<&C&  Pr'dgrw brieflug.  YO^  st repoqlo 
the Family  uppo port Center at  0930  on- 
: You have a&&  been icheduled 
for aTm Ho&ehblii Goods Shipdaent pkproces"  g bdeiing.  You mht'?ioit t o ~ l d ~ ' 8 5 1 7  
. You must be in uniform for 
(People Cent&j,.Room 247 :at$- 
all appointments. 

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9. Any personal information y o u ' ~ ~ h  
copy of AFI 36-3208 is available for your use at yo*  Squadron Orderly ~ w m .  
 
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in rebuttal is covered by the Privacy Act of 1974. A 

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Atfachmtints: 
1. LOC, '1 5 May 03 
2.  LOC, 19. May 03 
3.  LOR, 28 Jul03 
4.  AF F0.m 3070,' 9, Juq 04. 
5.' AF FOW 366,3 Sep 04 
6: AFF0i-m 1137 

.  Commander 

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~olonel, USAF 

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