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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NON-PERSONAL 

NAME OF COIINSEL AND OR ORGANILATION 

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RECORD REVIEW 

VOTE OF THE BOARD 
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ISSUES  A93.01 
A29.03 

I  HEARING DATE 
1  25 Jan 2006 

FD-2004-00199 

I  I I 
EXHIBITS SUBMITI'ED TO THE BOARD 

ORDER APPOINYPJG THE BOARD 
APPI-ICATION FOR REVIEW OF DISC13ARCiE 
LETTER OF NOTIFICATION 
HRIEF OF PERSONNEI.  FILE 
COUNSEL'S  RE1,EASE TO THE BOARD 
AUDITIONAI. EXHIBITS S1JBMITl'ED AT TIME 01: 
PCRSONAI. APPEARANCE 

'I'APE RFCORDMG OF PERSONAL APPEARANCE 

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AI$bICANT'SlSSUE  AND 'EEBOARD'S  DECISION&  R A T ~ o N + ~ R ~ D ~ S C U S S E D  ON TtiE AITACHED AIR FORCE DISCHkRGE WVI&  BOARD UEcXSJ9f"AL R A T I q A l f  

Applicant was offered a personal appearance and was scheduled to participate  in a video-teleconference DRB on 
25 January 2006 between St. Augustine FL and Andrews AFB.  The applicant failed to appear and did not attempt to 
reschedule or explain his absence.  His case was then reviewed  as a records review case. 

Advise applicant of the decision of the Board, 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. 

SAFIMRBK 
550 C STREET WEST, SUITE 40 
KANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCII. 
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  uscd 

AIR FORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00199 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  and  was 
scheduled to appear before the DRB via a video-teleconfcrence  but  he did  not keep the appointment or call 
to reschedule.  His case was then processed as a records review DRB. 

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

FINDINGS:  Upgrade  of  discharge  and  change  of  reason  and  authority  lor  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  the  evidence  of record  does  not  substantiate  an  inequity  or impropriety  that  would 
justify  a change of discharge. 

ISSUE: 

Issue  1.  Applicant contends that "he  was not mature and deserves another chance."  l'he DRB noted the 
applicant was almost  19 years of' age when the discharge took place.  I lowever, there is no evidence he was 
unusually immature or did not know right from wrong.  'I'he  Board opined that the vast majority of first-term 
members properly adhere to the Air Force's  standards of conduct and that the applicant presented  no 
justification  for his repetitive misconduct.  'The DRB concluded that the characterization of the applicant's 
discharge was appropriate due to his misconduct. 

Issue 2.  Applicant requests that the reason (minor disciplinary infractions) for his discharge be changed to 
"Entry  Level Separation" bccause he was only two months past the six month cut-off to receive an entry 
level separation.  There is no indication in the file that the unit commander abused his discretion in 
determining when to separatc the respondent.  The Board concluded the reason for the discharge received by 
the applicant was 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE RFVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB) 

(HGH  AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Sheppard AFB, TX on 19 Aug  03 
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: 12 Sep 84. Enlmt Age: 17 11/12. Disch Age: 18 11/12. Educ: HS D I P L ,  
AFQT: N/A.  A-74,  E-70,  (2-78,  M-65. PAFSC: 3E012 -  Electric Power Production 
Helper. DAS: 31 Mar 03. 

b.  Prior Sv: (1) AFRes  10 Sep 02 -  16 Dec  02  (3 months 7 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Dec  02 for 4 yrs. Svd:  0 Y r s   8 Mo 3 Das, all AMS. 

b.  Grade Status:  None. 

c .   Time Lost:  None. 

d.  Art 1 5 ' s :  

(1) 11 Feb 03, Eackland AFB, TX -  Article 128.  You, did, 
unlawfully choke and restrain AB 
about the neck and body with a 

nn  nr  ahnrl+  7 

pillowcase.  Forfeiture of $532.00 pay per month for 2 
months, and a reprimand. (No appeal) (No mitigation) 
e.  Additional: LOR, 08 JUL 03 -  Failure to obey an order or regulation. 

LOR, 26 JUN 03 -  Failure to go and lying. 
LOR, 10 JUN 03 -  Failure to maintain proper military dress 

LOR, 03 J U N   03 -  Phase I failure and late for morning 

and appearance standards. 

LOR, 13 MAY 03 -  Failure to obey an order and failure to 

maintain two AETC Forms 341 in possession. 
LOCI 13 MAY 03 -  Wearing civilian clothes off base while in 

formation. 

Phase 11. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of Sv:  TMS: (0) Yrs  (11) Mos  (LO) Das 

TAMS: 

( 0 )   Yrs  ( 8 )   Mos  ( 3 )   D a s  

4 .   BASIS ADVANCED FOR REVIEW: 

Appln  (DD Fm 2 9 3 )   dtd 27  May 0 4 .  

(Change Discharge to Honorable, and  Change the RE  Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO B R I E F .  

ATCH 
1. Applicant's  Issues. 
2 .   DD  Form 149. 

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. SUPPORTING DOCUMENTS (X as applicable)  (Please print name and Social Security Number on each document.) 

WILL NOT BE SUBMFITED.  PLEASE COMPWE REVIEW BASED ON AVAllABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE AnACHED TO THIS APPUCATION:  (Continue on a plain s k r  of paper if more space is needed.) 

',a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

8.  ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of Concern to you unless those issues are listed or incorporated by specific  reference below.  Carefully read the instnrctions 
that  pertain to Block  8 prior to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

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THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMTTTEO. 

9.  CERnflCATlON 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code,  Tire 18, Section 1001, provides that an individugl shall be lined under this title w imprisonednot more than 5 years. 
or both.) 

a.  DATE (WYYMMDD) 

. 

b.  SIGNATURE 

C

.

  W d Y  

UPON COMPLETION,  f i K  THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  631 32-5200 
(See http:/larba.army.pentagon.mil) 
DD FORM 293, DEC 2000 

NAVY & MARINE CORPS 

AIR  FORCE 

COASTGUARD 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Rm. 309 (NDRB) 
Washington N a y  Yard,  DC 
20374-5023 

SAFlMlBR 
550-C Street West,  Suite 40 
Randolph AFB.  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington, DC  20593-0001 

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DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AB 

FROM:  366 TRSICCQ 

SUBJECT:  Notification Memorandum 

8 8 JUL 

366 TRS 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and MI 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 8 JulO3, were derelict in the performance of those duties in that you willfully failed to 
remain on base while in Phase I, as it was your duty to do.  For this misconduct and 
subparagraph "b" below you received a Letter of Reprimand (LOR) on 8 Jul03. 

b.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 8 Jul03, were derelict in the performance of those duties in that you failed to safeguard 
your Phase Card, as it was your duty to do. 

c.  You did, at or near Sheppard AFB TX, on or about 23 Jun 03, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit:  physical conditioning. For this 
misconduct and subparagraph "d" below you received an LOR on 26 Jun 03. 

1 

d.  You did, 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  

at or near Sheppard rV;B TX, on or about 23 Jun 03, with intent to deceive, 
j  an official statement, to wit: you were not present for physical 

make to SSgt: 
conditioning because you were at an appointment, which statement was false in that you had no 
appointment, and was then known by you to be so false. 

L - - - - - - - - - - - - - - - - - - -  

e.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 10 Jun 03, were derelict in the perfonnance of those duties in that you failed to maintain 
proper military dress and appearance, as it was your duty to do.  For this misconduct you 
received an LOR on 1 0 Jun 03. 

f.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 3 Jun 03, were derelict in the performance of those duties in that, while in Phase I, you 
willfully failed to meet curfew by not sleeping in your assigned room, as it was your duty to do. 
For t h s  misconduct and subparagraph "g" below you received an LOR on 3 Jun 03. 

g.  You did, at or near Sheppard AFB TX, on or about 3 Jun 03, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit:  morning formation. 

h.  You, having knowledge of a lawful order issued by an NCO, to wit:  run during physical 

conditioning, an order which was your duty to obey, did, at or near Sheppard AFB TX, on or 
about 12 May 03, fail to obey the same.  For this misconduct and subparagraph "if' below you 
received an LOR on 1 3 May 03. 

i.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 12 May 03, were derelict in the performance of those duties in that you willfully failed to 
maintain two an AETC Forms 341 in your possession, as it was your duty to do. 

j  You, who knew or should have known of your duties at or near Sheppard AI;B TX, on or 

about 9 May 03, were derelict in the performance of those duties in that, while in Phase 11, you 
willfully failed to refrain from wearing civilian clothes while off base, as it was your duty to do. 
For this misconduct you received a Letter of Counseling (LOC) on 13 May 03. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM 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 and will probably be denicd enlistment in any component of the 
armed forces. 

3.  You have the right to consult counsel.  Milit 

I have made an appointment for you to consult -LPL  , Area Defense Counsel, at 

leg31 counsel has been obtained to assist you. 

1 TuI 03 , at  I 5a0 hours.  You may consult civilian counsel at your 

Bldg 1 638, on 
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 
LL (  0 3   unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

1 

5.  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. 

6.  You have been scheduled for a physical examination on 9 Jul03 at 0700 hours. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available in the 366th Training Squadron, Military Training Flight, 
Scheduling Office for your use. 

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

, Major, USAF 
Squadron Section Commander, 366 TRS 

Attachments: 
1.  LOR, 8 Ju103 
2.  LOR, 26 Jun 03 
3.  LOR, 10 Jun 03 
4.  LOR, 3 Jun 03 
5.  AETC Form 341,3 Jun 03 
6 .   AETC Form 341,3 Jun 03 
7.  LOR,  13 May 03 
8.  LOC, 13 May 03 
9.  AETC Form 341,19 Jun 03 
10. AETC Form 341,19 May 03 
11. AETC Form 341,5 May 03 
12. AETC Form 341,28 Apr 03 
13. 366 TRS Remedial Military Training Day Memo, 28 Apr 03 
14. AETC Form 341,ll Apr 03 
15.366 TRS Room Inspection, 9 Apr 03 
16. AETC Form 34 1 , 8  Apr 03 
17. AETC Form 125A, 7 Jul03 
18. Student Training Report, #03018 
19. LAFB Form 205,25 Mar 03 
20. Airman's Receipt of Notification Memorandum