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ISSUES  A94.06 

INDEX NUMBER 

A67.90 
A67.00 

X 

X 

X 

1 
2 
3 
4 

EXHIBITS SUBMWTED TO TWE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE 

HEARING  DATE 

CASE NUMBER 

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. 

RANDOLPH AFB, TX 78 150-4742 

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 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-20051)0129 

GENERAL:  The applicant appeals for upgrade of discharge to general. 

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

FINDINGS:  The Board grants the requested relief and the discharge is upgraded to general. 

The Board finds that the evidence of record substantiates an inequity that justifies  a change of discharge. 

ISSUE: 

The applicant contends his discharge was inequitable because the USAFR were aware of his socialization 
and speech difficulties as early as January 2001.  He further cites an impropriety that he was notified of his 
physical disqualification due to obsessive compulsive disorder and anger management issues and believed 
that was the reason for discharge in May 2004.  The applicant was discharged for Misconduct, Conduct 
Prejudicial to Good Order and Discipline and physical disqualification with an Under Other Than Honorable 
Conditions service characterization in October 2004 with misconduct being the primary basis for discharge. 
Applicant had three Letters of Reprimand (LOR) and Unfavorable Information File entry for misconduct. 
The first LOR was for using profanity at work, raging at other co-workers and failure to follow vehicle 
safety requirements.  The second LOR member was administratively demoted for failure to fulfill NCO 
responsibilities, after becoming belligerent during a mobility exercise and for displaying other inappropriate 
behavior while on duty.  His third and final LOR was for making obscene gestures to other drivers and 
passing at high speeds.  He also had two referral "2"  Enlisted Performance Reports (EPRs).  The Discharge 
Review Board (DRB) noted that member originally enlisted with the USAFR 28 Jun 90 and served until 
14 Oct 00.  Applicant received his first referral EPR during his initial enlistment/extension.  Although 
USAFR medical authorities were aware of his medical issues as documented by SF Form 600, Chronological 
Record of Medical Care dated 24 Jan 91, the applicant was allowed to reenlist on 15 Oct 00 for another 6 
years.  While the applicant's  mental condition did not impair his ability to know right from wrong or ability 
to choose the right, the Board concluded his condition was related to his behavior to the degree that the 
Board concluded a UOTHC characterization was too harsh in relation to severity and nature of the offenses 
and opines that the evidence of the record indicates that the applicant's  service is more accurately 
characterized as General. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by a General discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SSGT) 

(MISSING DISCH DOCS &  SMR  DOCUMENTS) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTHC Disch fr Westover ARB, MA on 15 Oct 
04 UP AFI 36-3209, para 3.21.2.2 and 3.13  (Pattern of Misconduct  -  Conduct 
Prejudicial to Good Order and Discipline  (Primary), and Physicial 
Disqualification).  Appeals  for General Discharge. 

2.  BACKGROUND: 

a. DOB: 01 Apr  67.  Enlmt Age: 23 2/12.  Disch Age: 37 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-41,  E-55,  G-62,  M-51. PAFSC: 2S071 -  Supply Management 
Craftsman.  DAS: 28 Jun 90. 

b.  Prior Sv:  (1) AFRes 28 Jun 90 -  14 Oct 00.  Svd: 11 yrs 4 months 2 

days, of which AMS  is 1 yr 00 months  15 days. Amn -  10 Apr  91, A1C -  1 Nov  91, 
SRA -  1 Jul 92, SSgt -  1 Jul 95.  EPRs: 2 REF. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 15 Oct 00 for 6 years. Svd: 00 Yrs 11 Mo 14 Das, all 

AMS . 

b.  Grade Status:  SrA -  15 Nov  02  (AFR Order  A-002,  15 Nov 02). 

c.  Time Lost:  Unknown. 

d.  Art  15's:  Unknown 

e.  Additional:  (Examiner's Note: The below is extracted from Memorandum 

for DPM, 27 Sep 04) . 

LOR -  Using profanity and pounding his first in a fit of 

rage. 

LOR -  Making obscene gestures to other drivers and passing 

at high speeds. 

f.  CM:  None. 

g.  Record of SV: 28 Jun 98 -  29 Sep 01  Westover ARB  2  (CR0)REF 

h.  Awards  &  Decs:  AFTR, NDSM W/1 DEV, AFLSA W/2 DEV, AFOUA W/1 DEV, 

AFRFMSM w/3 DEV, AFRM W/BRONZE HOURGLASS &  M/DEV. 

i.  Stmt of Sv:  TMS:  (14) Yrs  (03) Mos  (18) Das 
TAMS:  (04) Yrs  (06) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Mar  05. 

(Change Discharge to General) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's  Issues w/24 attachments. 

I *NOT 

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BE SUBMIlTED.  PLEASE COMPLm REVIEW IV\SED ON AVAILABLE SERVICE RECORDS. 

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The Boerd will conrider any issue submitted by you prior to closrng the case for deliberation.  The Board will also review the -so 

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8.  ISSUES 

are m y  issues that provide a basis for upareding your discharge.  However, the Board is not required m respond in 
determi~~~hether,rnwm 
writins to isoues of COIEem to you unlesr those issues are listed w incarporated by specific reference below.  Cerefull~ read w ;n$buctims 
that pertain to Black 8 prkx to completing thii part of tfw applicstion.  If you need nuwe space, tubmi additional issues on an attachmeh. 

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statements as part of my appficatian wkh full knowledge of the penalties hvolved for wllffufly making a fakg 

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U W ~ M P ~ I O N .  MAIL  THIS  APPUCATION  TO APPLICABLE  ADDRESS BELOW 

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Amy Review, Boards Agency 
8iipport Olvision,  St. Louis 
A m :  SFMFT-RBR-SL 
9700 Page A V W  
St.  Louis, MO 63132-6200 
( S h  h W : / ~ ~ . 8 r m ~ . p c M t S g ~ . m i I )  

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,  DD FORM 293, DEC 2000 

.  NAVY & MARINE CORPS 
Naval ~ o u k i l  of  Personnel Boards 
720 Kennon Street. S.E. 
Rm.  309 1NDRB) 
W a e n g t m  Nevy Yard.  DC 
20374-6023  - 

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AIR FORCE 

SAFIMIBR 
550-C Street West Suite 40 . 
Randolph AFB.  TX  781504742 

COAST GUARD 
Commandant (G-WPM)' 
2100 Second Street, S.W. 
Washington,  DC  20593-0661 

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to @mi Or&  and Discipline 
stattts:  BlEL1GmI;E. 

DISTRiBUTION: 
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2439 LMSlCC 
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D E P A R T ~ N T  OF TEIE AXR FORLE 
AIR FORCE RESERVE COMMAND 

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MEMORANDUM FOR 439 AMDS 

FROM:  HQ AFRC/SGPA 

135 PAGE ROAD 
ROBINS AFB GA  3 1098-1601 
Medical Disqualification for Continued Military Duty - SrA ; ......-.-.-.-......---------------: 

................................... 

SUBJ: .--------- 

1.  We have reviewed the medical documentation submitted on subject member and determined that 
he is medically disqualified for continued military duty. 

2.  Subject member's case has been forwarded to HHQ  AFRC/ISPMF M e r  processing. 

3.  The medical unit commander or hidher designated representative will immediately notify the 
member, member's commander, and the MPF of this action. 

-.----------------.----------------'-----------------.----. 

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Chief, Aerospace Medicine Branch 
Directorate, Health Services 

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DEPARTMENT OF TNE AIR FORCE 

ALR FORCE RESERVE C O W A N D  

, ~EMORANDUM FOR SRA~ I-..........-.-.-.--------------------! 

51 New Ludfow Rd Apt 02 

FROM:  HQ AFRC/DPM 

1000 Marchbanks Rd 
Robhs AFT3 GA  3 1098-2300 

SUBJECT:  Adpliaistrative Discharge Due to Physical Disqualification 
' .  
1.  I unfortumtely must advise you that separation action has bean initiated to discharge you from 
fhe Air Force Reserve witb an Honorable Discharge. The authority for this action is AFI 36-3209, 
paragraph 3.14, Physical Disqualification. Supporting docmentation may be obtained by 
contacting your l d  reserve medical unit. 

2. You must complete and return the attached rteknowledgmceat of receipt (At&  1)  of this 
memorandum within 24 hours after receipt.  A return envelope (Atch 2) is provided for your 
convenience. 

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3.  You have the right to couilseL  Capt I .-.-.-.? 
: a Judge Advocate qualified under Article 27@)(1) 
of the Uniform Code of Military Justice, will be made available to mist y a  in this matter at no 
expense to you  Her mailing address is HQ AFRCIJAS, 255 Rkbid Ray Blvd Ste 227, R o b  
AFB GA 3 1098-1637.  Ha phone number& are-DSN 497-158&.toll h e  1-800-458-5391, 
conunercial(478) 327-1 588, or fa wmmercial(478) 327-0032 fkx DSN 497-0032. 

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4.  We of the Air  Force Reserve extend our gratitude for your service mcl ooatributions to thia 
country. 

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Deputy Chief, Military Personnel Division 

Attachments: 
1.  Acknowledgment of Receipt 
2.  Return Envelope 

CC : 
HQ AFRC/JAS wo Attachments 
439 MSSIDPMSA (Retocation) wo Attachments 

MEM0RbM)UM FOR DPM 

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1.  Dischge for Cause Csne, S ~ A  i. ................ i .................... 
2. Ilkharp fir Plhysical Dhcp~alification, SrA i 

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