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AIR FORCE DISCHARGE REVIEW HOARD HEARING RECORD 

I  NAME OF SERVI('E hlEhlBER (LAST, FJRST MIDDLE INJTJAI,) 

AFSNISSAN 

GRnDE 

1  AIC 
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ADDRESS AND OR ORGANIIA rlON O F  COIINbLL T 

RECORDREVIEW 

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VOTE 01~ THE BOARD 
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PEI~SONAL APPEARANCE 

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Ah'"  0!2OM,ANILATlON 

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MEMBER SIT'SING 

INDEX  NUMRER 

,467.1 0 

(TYPE GEN 

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1 

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HEARING DATE 

I-&- 

EXHIBITS SUB.MITFED TO THE BOARD 

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2 
3 
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ORDER APPC)IN'I'ING  THE BOARD 
APPLICA'I'ION FOR REVIEW O F  DISCHAR(3E 
I.E'rTER  OF NO'I'IFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEI..'S  RELEASE TO TI 1E BOARD 
ADDITIONAL EXHIBITS SUBMII.I'EIS  AT TIME OF 
PERSONAL APPEAKANC:E 

'TAPE RECORDMG O F  PEKSONAI..  APPEARANCE 

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1 

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27 Dec 2005 
,  APPldChNI  S  ISSllE AND THEBOARD'S DEClSlONAl RATIONAL APJ DISCUSSEI)  ON  THE AlTATILEU  N K  FORCE DISCHARGEREVIEW  BOARD DECISIONAL RATIONALE 
Case heard at Washiiigton, D.C. 

I 

1  FD-2005-00255 

Advise applicant of the decision of the Board, the right to a personal  appearance withlwithout 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. 

SMIMKHR 
550 C S'I'REET  WEST.  S\ 11'1  E 40 
RANDOLPH AFR, TX 7X150-4742 

SECRETARY O F  THE AIR  FORCE PERSONNEL COllNClL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DH, EE WING, 3HU FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EP-V2) 

Previous edition  will be used 

AIR FORCE 1)ISCHAHC.E REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2,)05-OU255 

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

The applicant was offcred a personal  appearance before the Ilischarge Review Board  (LJRB) but declined to 
exercise this right. 

The attached brief coi~tains available pertinent data on the applicant and tlie factors leading to the discharge. 

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  coi~test his  d~scharge. He  states  that  he  would  like  to  receive  his  GI  Bill 
benefits.  The  records  indicated  the  applicant  received  an  Article  15  for  fleeing  apprehension  and  for 
damaging  a  taxi  by  kicking  it. 
In  addition,  he  received  two  Letters  of  Reprimand  and  two  Letters  of 
Counseling  for  failure  to  go,  iailing  his  room  inspection  and  for  leaving  his  duty  section  without  being 
relcased  twice.  The  DKB  opined  that  through  these  administrative  actions,  the  applicant  bad  ample 
'I  he  Board  concluded  the  rniscor~duct was  a  significant 
opportunities  to  change  his  negative  behavior. 
departure from conduct expected of all military  mernbers.  'I'he characterization  of the discharge received by 
the applicant was found to be appropriate.  'I'he  applicant  cited his desire to receive the G.1. Bill  benefits as 
justification  for upgrade.  The  DRB  noted  that  wllcn  the  applicant  applied  for  these  benefits,  he  signed  a 
statement  (DD  Form  2366)  that  he  understood  he  must  receive  an  Honorable  discharge  to  reccive  future 
educational entitlements.  The Hoard was sympathetic to the impact the loss of these bencfits 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  dischargc  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicai~t 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANI)REWS  AFB,  MD 

(Former AlC)  (HGH S-) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr Osan AB, Korea on 09 Sep 04 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .  

BACKGROUND: 

a. DOB: 08 Nov 82. Enlmt Age: 17 10/12. Disch Age: 21 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-48,  G-48, M-40. PAFSC: 2W151 - Aircraft Armament Systems 
Journeyman. DAS: 09 Jun 04. 

b.  Prior Sv: (1) AFRes 12 Sep 00 -  09 Oct 00  (28 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Oct 00 for 6 yrs. Svd: 03 Yrs 11 Mo 01 Das, all AMS. 

b.  Grade Status:  A1C -  29 Jul 04  (Article 15, 29 Jul 04) 

SrA -  10 Jun 03 
A1C -  24 NOV 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Jul 04, Osan AB, Korea -  Article 95.  You, did, on 
or about 3 Jul 04, flee apprenhension by running from 

s, a security forces member, a person 

authorized to apprenhend the accused.  Article 109. 
You, did, on or about 3 Jul 04, willfully and wrongfully 
damage by kicking, a taxi, the amount of said damage 
being in the sum of about $200.00, the property of Army 
and Air Force Exchange Service.  Reduction to 
Airman(2) (reduction below A1C suspended).  Restriction 
to base for 30 days, and 30 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 10 JUL 04 -  Leaving duty section without being 

LOCI 07 SUL 04 -  Failed room inspection. 
LOCI  28 JUN 04 -  Leaving duty section without being 

released. 

LOR, LO JUN 03 -  Failure to go. 

released. 

f .   CM:  None. 

g.  Record of SV: 10 Oct 00 -  10 Jun 02  Pope AFB  3  (1nitial)REF 

11 Jun 02 -  1 0   Jun 03  Pope AFB  4  (Annual) 
11 Jun 03 -  02 Jun 04  Pope AFB  3  (CRO) 

h.  Awards &  Decs:  AFOUA w/vALOR  &  1 OLC, NDSM, A F T R ,   KDSM. 

i.  S t m t   of Sv:  TMS:  (3) Yrs  (11) Mos  (28) Das 
TAMS:  (3) Yrs  (11) M o ~  (01) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jun 05 

(Change Discharge to Honorable) 

Issue I:  I am requesting an upgrade in my discharge to an honorable 

discharge.  This would enable me to use my GI Bill benefits for college.  I 
would like to pursue a degree in the Legal field in order to become a productive 
young adult in our society.  You assistance in this matter will be greatly 
appreciated. 

ATCII 
1. DD F o r m   214. 

DEPARTMENT OF 'THE AIR  FORCE 

51 st Aircraft Maintenance Squadron 

LlN IT 2026 

APO AP 96278-2026 

FROM: 5 1 AMXSICC 

SUBJECT:  Notification Memorandum 

1,  I am recommending your discharge fiom the United States Air Force based upon Misconduct- 
Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32, Militaly 
Retirements and Separations, and AFI 36-3208, Administrative Separation ofAirmen,  Chapter 5, 
Section H, paragraph 5.49.  If my recommendation is approved, then your service will be 
characterized as Honorable or Under Honorable Conditions (General).  I am recommending that 
you receive an Under Honorable Conditions (General) discharge, 

2.  My reasons for this discharge action are as follows: 

a.  You did, at or near Pope AFB, NC, on or about 10 Jun 03, without authority, fail to go at 

the time prescribed to your appointed place of duty; to wit:  the Base Gymnasium. For this 
misconduct you received a Letter of Reprimand (LOR), dated 10 Jun 03,  (Atch 1 a) 

b.  You, who knew of your duties, at or near Osan AB, ROK, on or about 1 1 Jun 04, were 
derelict in the performance of your duties in that you willfully failed to follow instructions of 
your supervisor by leaving a restricted area without proper escort.  Furthermore you were 
derelict in the performance of your duties in that you failed to remain at your appointed duty 
location until properly relived of duty.  For this misconduct you received a Letter of counseling, 
dated 28 Jun 04.  (Atch 1 b) 

c.  You, who knew of your duties at or near Osan AB, ROK, on or about 14 Jun 04, were 

derelict in the performance of those duties in that you willfully failed to maintain your 
government quarters in the required standards, as it was your duty to do.  For this misconduct 
you received an LOR, dated 7 Jul04.  (Atch 1 c) 

d.  You, who knew of y o u  duties at or near Osan AB, ROK, on or about 8 Jul04, were 

derelict in the performance of those duties in that you willfully failed to remain at your place of 
duty without being released by MSgt Meyer as it was your duty to do.  For this misconduct you 
received an LOR, dated 10 Jul04.  (Atch 1 d) 

e.  You, did, at or near Osan AB, ROK, on or about 3 July 2004, flee apprehension by 

running from 4 
apprehend the accused:&tch 

, a security forces member, a person authorized to 

1 e) 

f.  You, did, at or near Osan AB, ROK, on or about 3 July 2004, willfully and wrongfully 
damage by kicking a taxi, the amount of said damage being in the sum of about $200.00, the 

property of Army and Air Force Exchange Service. For the misconduct listed in paragraphs (e) 
and (f) you received an Article 15, dated 29 Jul04 and an Unfavorable Information File. 
(Atch  le) 

3. Copies of the documents to be forwarded to the separation authprity in support of this 
recommendation are attached.' The commander exercising speck# Court-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in 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.  Any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4,  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You may consult the Area Defense Counsel (Bldg 937, Rm  101) at 784-6774.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
l d  (three duty 
the separation authority to consider must reach me by 154 5  hours on 17 
days) unless you request and receive an extension for good cause,  I will forward any such 
statements to the separation authority. 

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

7.  You have been scheduled for a medical examination.  You must report to the hospital at 
& B Y S  

hours on  11  A kc5 @S 

8.  The Privacy Act of 1974 covers any personal information you Eurnish in rebuttal. A copy of 
AFI 36-3208 is available at the Orderly Room. 

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

Attachments: 

1.  Supporting documents 
a.  Letter of Reprimand, dated 10 Jun 03 
b.  Letter of Counseling, dated 28 J  04 Y 
c.  ~e&sb?~eprimand, dated 7 ~d 04 
d.  Letter of Reprimand, dated 10 Jul04 
e.  Article 15, dated 29 Jul04 

2.  Airman's Achowledgment