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AF | DRB | CY2006 | FD2005-00127
Original file (FD2005-00127.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

'ITIAL) 

GRADE 

'  TYPE GEN  X 

'%-PEfi6@ 

I 

I 1 

I 

I 

I 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

I 

ISSUES  A93.01 

( 

INDEX  NUMBER 

A67.90 

I 

1 
2 
3 

I 

I 

I 

EXIIIBITS SUBMITTED TO THE BOARD 

- 
ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

HEARING DATE 

10 Jan 2006 

CASE NUMBER 

FD-2005-00127 

Case heard at Washington, D.C. 

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. 

---  - -  

I err.,  . *..".. n..  ..A- --------.-  , 

TO: 

L 

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

AFHQ FORM 0-2077, JAN 00 

. 

IRD~RSEMENT 

.- 

-- 
FROM: 

DATE:  1/10/2006 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

1 

I 

LIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00127 

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

:he  applicant was offered a personal appearance before the Discharge Review Board ( D m )  but declined to 
:xercise this right.  This was the  second  time  applicant was offered a personal  appearance.  Applicant has 
ost his right to have a personal appearance before the D m .  

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

qINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
eenlistment code are denied. 

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

:SSUE:  Applicant  does not  contest  his discharge.  He  states that  he was young  and immature  at the time. 
The  records  indicated  the  applicant received  an Article  15 for  being  absent  from his  unit  for  4  days.  In 
iddition,  he  received  two  Letters  of  Reprimand  and  one  Letter  of  Counseling  for  various  misconduct  to 
nclude disobeying a lawful order, violating training curfew and loss of military bearing and responsibilities. 
The  DRB opined that through these administrative  actions, the applicant had ample opportunities to change 
lis  negative  behavior.  The  Board  concluded  the  misconduct  was  a  significant  departure  from  conduct 
:xpected of all military members.  The characterization of the discharge received by the applicant was found 
.o be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
xocedural  and  substantive requirements  of  the  discharge  regulation  and  was  within  the  discretion  of the 
lischarge authority and that the applicant was provided full administrative due process. 

[n view of the foregoing findings the Board further concludes that there exists no legal or equitable basis f o ~  
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 

ANDREWS AFB, MD 

(Former A ~ C )  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Lackland AFB TX on 23 Feb 04 
UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline.  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Oct 84.  Enlmt Age: 18 0/12.  Disch Age: 19 3/12. Educ: HS DIPL 
AFQT: N/A.  A-57,  E-57,  G-52,  M-44. PAFSC: 3POll -  Security Forces Apprentice 
DAS: 28 Jul 03. 

b.  Prior Sv: (1) AFRes 16 Nov 02 -  9 Jun 03 (06 mos 25 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 10 Jun 03 for 6 years. Svd: 00 Yrs 08 Mo 14 Das, all 

AMS . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 Sep 03, Lackland AFB, TX -  Article 86.  You, did, on 

or about 26 Aug 03, without authority, absent yourself 
from your unit, and did remain so absent until on or 
about 29 Aug 03.  Forfeiture of $316.00 pay. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 28 JAN 04 -  Disobeyed a  l ; l w € u L - O r d s r ,   By  l;zi-L 

ui 

LOR, 27 JAN 04 - Violation of training curfew, by being out 

uniform during training as required. 

LOCI 22 AUG 03 -  Loss of military bearing and the 

of the squadron, after hours. 

responsibilities required of airman 
leaders.  Removed as student leader and 
phased back 5 days in training. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM 

i.  Stmt of Sv:  TMS: (01) Yrs  (02) Mos  (18) Das 
TAMS: (00) Yrs  (08) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Mar 05. 

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

for Discharge. ) 

Issue 1:  I am not contesting the litany of problems that eventually lead to 

my being discharged from the U.S. Air force.  I was wrong.  My period of 
military service infortunately coincided with a period of prefound immaturity 
and reckless behavior.  I should not have missed training.  I allowed my  "so 
called friends" influence my decision making process.  I should have done what I 
knew was expected of me and preformed my training and duties as required.  Since 
my release I have matured.  I feel I am better suited for military service.  I 
made a gave error of judgment and desire to correct my behavior and my service 
to my country.  Currently, my country is in need of good airmen.  I desire to 
return to the Air Force and serve with pride.  I now know better.  I am not so 
easily influenced.  I will do the right thing.  I ask for a chance to serve my 
country -  again.  I need to correct my discharge in order to re-enter the United 
States Air Force.  Thank you. 

ATCH 
1.  DD Form 214. 
2.  AF Form 899, PCS Orders. 

i 

i 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 

FROM:  343 TRSDOM 

SUBJECT:  Notification Memorandum 

6 2  FEB  2004 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct; specifically, Conduct Prejudicial to Good Order and Discipline.  The basis for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service will be characterized as either Under Honorable Conditions (General) or Under 
Other Than Honorable Conditions.  I am recommending your service be characterized as Under 
Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  On 20 Aug 03, you were counseled, by your Military Training Leader on your loss of 

military bearing and the responsibilities required of airman leaders.  On 21 Aug 03, you blatantly 
disregarded an order given by your Military Training Leader.  As a result, you received a Letter 
of Counseling dated 22 Aug 03. 

, b.  On 26 Aug 03, you did absent yourself from your unit, to wit:  the 343rd Training 

Squadron, and did remain absent until on or about 29 Aug 03.  As a result, you received an 
Article 15 dated 30 Sep 03, and your punishment was forfeiture of $3 16.00 pay.  Subsequently, 
an Unfavorable Information File (UTF) was established. 

c.  On 25 Jan 04, you violated the Air Education and Training Command Phase Program by 

Reprimand dated 27 Jan 04. 

d.  On 27 Jan 04, you violated the Air Education and Training Command Phase Program by 
wearing civilian clothes while in phase I.  As a result, you received a Letter of Reprimand dated 
28 Jan 04. 

3.  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 in the Air Force.  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. 

4.  You have the right to consult counsel.  If you wish to consult military counsel, an 
appointment will be made upon your request and the date, time and place will be provided.  You 
may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (allow 3 workdays)  3 @ h OY  unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

6.  If you fail to consult counsel or to submit statement in your own behalf, 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 Bldg 6612, Room 
502, Monday - Friday between 1300-1500 hours with your medical, immunization, and dental 
records for the examination. 

8.  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 Unit Personnel Office. 

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

Commander, Milifary Training Flight 

Attachments : 
1.  Letter of Counseling, dated 22 Aug 03 
2.  AF Form 3070, dated 30 Sep 03 
3.  AF Form 1 137, Unfavorable Information File Summary 
4.  Letter of Reprimand, dated 27 Jan 04 
5.  I e k r  of 
04 



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