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AF | DRB | CY2006 | FD2005-00143
Original file (FD2005-00143.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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1  NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 
TYPE GEN 
CaUNSEL 

NAME O F  TOIINSF.1, AND O R  ORGANIZATION 

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SRA 

RECORD REVIEW 

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ADDRESS AND O R  ORGANIZATION O F  COUNSEL 

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No 
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ISSUES  A94.53 

INDEX NUMBER 

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&&&I&JTS SUBMITTED TO.TH&BOARD 

1  I  ORDER APPOINTING  'I'HE BOARD 
2  1  APPLICATION  POK REVIEW OF DISCHARGE 
3  1  LETTER OF NO.I'IPICATION 
4  1  BRIEF OF PEKSONNEL  FILE 

I  COUNSEL'S  REI.RASt.: 7'0 THE BOARD 

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AUL)ITIONAL EXHIBITS SURMl I 'I'ED A 1  I'IMC OF 
PERSONAL APPEARANCF 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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HEARING  DATE 

CASE NUMBER 

28 Jul2006 
P P L I C A M ' S  ISSlJE AUD THE BOARD'S Ut('lSI[)NAl.  RATIONAI.  ARF  DISCI. ? S t D  OY THE 4TTACHED AIR FORCE DISCHARGERGVIEW  D0AP.D  DECISIONAL RATIONALE 

FD-2005-00 143 

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1  Case heard in Washington, L1.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  coui~sel, and the right to 
submit an application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's request. 

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TO: 

SAFIMRBR 
550 C S'I'KEEI' WEST, Slll'ft.: 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

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DATE: 8R#2006 

SECRETARY O F  THE AIR  FORCE I'ERSONNEL  COUNCIL 
AIR  FORCE LBISCHARGE REVIEW BOARD 
1SJS COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB.  Ml) 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2005-00143 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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

FINDINGS:  Upgrade of discharge is denied. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The records indicated the applicant received an Article  15 and four Letters of Reprimand for 
misconduct.  The Article 15 was for failure to go at time prescribed to appointed place of duty; wrongfully 
consuming alcohol eight hours before duty; and for being found drunk on duty as a response force leadcr. 
Applicant was punished with a suspended reduction in grade to airman first class, forfeiture of pay and a 
reprimand.  He also received Letters of Reprimand for failure to go, being late for work and failurc to attend 
flight training.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the nlisconduct was a significant 
departure fkom conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be 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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REWIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SRA) (HGH SRA) 

1 .   MATTER  UNDER REVIEW:  Appl rec'd a  GEN Disch fr Moody AFB, GA on 3 Dec 04 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 26 Jun 82.  Enlmt Age: 18 3/12.  Disch Age: 22 5/12. Educ: HS DIPL. 
AFQT: N / A .   A-40,  E-28,  G-39,  M-21. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 15 Mar 04. 

b.  Prior Sv: (1) AFRes 11 Oct 00 -  29 Aug 01 (10 mos 16 das)(Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 28 Aug 01 for 6 years. Svd: 03 Yrs 03 Mo 06 Das, all 

AMS . 

b.  Grade Status:  SrA -  15 Feb 04 
A1C -  12 Oct 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Nov 04, Moody AFB, GA -  Article 86.  You, did, on or 

about 31 Oct 04, without authority, fail to go at the 
time prescribed to your appointment place of duty. 
Article 92.  You, did, on or about 31 Oct 04, fail to 
obey a lawful general regulation, to wit: paragraph 
2.12,4, AFI 31-207, Arming and Use of Force by Air Force 
Personnel, dated 1 Sep 99, by wrongfully consuming 
alcohol within eight hours before duty.  Article 112. 
You were, on or about 31 Oct 04, found drunk while on 
duty as a response force leader.  Suspended Reduction to 
A1C.  Forfeiture of $600.00 pay per month for 2 months 
and Reprimand.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 5 NOV 04 - Failure to go. 
LOR, 6 OCT 04 - Late for work. 
LOR, 6 OCT 04 - Failure to attend Flight Training. 
LOR, 15 JUL 04 -  Late for work on three different days. 

f.  CM:  None. 

g.  Record of SV: 28 Aug 01 -  27 Apr 03  Osan AB  5  (HAF DIR) 

28 Apr 03 -  16 Feb 04  Osan AB  5  (CRO) 

h.  Awards  &  Decs:  AFAM W/1 OAK LEAF CLUSTER, NDSM, AFTR, AFOUA, AFGCM. 

i.  Stmt of S v :   TMS:  (04) Yrs  (01) Mos  (23) Das 
TAMS:  (03) Yrs  (03) Mos  (06) .Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 7 Mar  05. 

(Change Discharge to Honorable) 

Issue 1:  I feel I am rehibilitated  (sic) and  made a big mistake, and  now I 

see how hard it  is and want  to make it  right. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 

347TH SECURITY FORCES SQUADRON 

MOODY AFB, GEORGIA 31699 

MEMORANDUM FOR  SRA : 

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FROM:  CC 

SUBJECT: Notification Memorandum 

NOV  2 4  2004 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 
Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI  36- 
3208, paragraph 5.49.  If my recommendation is approved, your service will be characterized 
as an Under Honorable Conditions (General) Discharge.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On 3 1 Oct 04, you failed to go to your appointed place of duty, you wrongfully 
consumed alcohol within eight hours before duty, and you were drunk on duty.  For these 
offenses you received a suspended reduction to the grade of Airman First Class, forfeiture of 
$600.00 pay per month for two months, and a reprimand, as evidenced by an Article 15, 
dated 16 Nov 04.  (See Atch 1) 

b.  On 4 Nov 04, you failed to go to your appointed place of duty.  For this offense 

you received a Letter of Reprimand (LOR), dated 5  Nov 04.  (See Atch 2) 

c.  On 6 Oct 04, you failed to go to your appointed place of duty.  For this offense 

you received an LOR, dated 6 Oct 04.  (See Atch 3) 

d.  On 5 Oct 04, you failed to go to your appointed place of duty.  For this offense 

you received an LOR, dated 6 Oct 04.  (See Atch 4) 

e.  On 9 Jul04, you failed to go to your appointed place of duty.  For this offense you 

received an LOR, dated 15 Ju104.  (See Atch 5 )  

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 United States 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 any special pay, 
bonus, or education assistance hnds may be subject to recoupment. The separation authority 
will make the findings and recommendations required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
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you.  I have made an appointment for you to consult: -..-..-..-..-..-..-..-..-.. 
Austin Ellipse, on  23 htDV oL~ , at 
hours.  You may consult ciwfian 
counsel at your own expense. 

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at 5107 

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5.  You have the right to submit statements on your own behalf.  Any statements you want 
the separation authority to consider must reach me by three duty days from the date of this 
notification 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 statements on 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 Public Health, 
Building 970 on  2 9  RlOV 011 , at 
medical records. 

05'30  hours for the examination.  Bring your 

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 at Legal Office. 

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

.--------------------------------------------, 

Commander 

Attachments: 
1.  Article 15 wlatch, dated 16 Nov 04 (1 6 pages) 
2.  LOR, dated 5 Nov 04 (1 page) 
3.  LOR, dated 6 Oct 04 (1 page) 
4.  LOR, dated 6 Oct 04 (1 page) 
5.  LOR wlatch, dated 15 Jul04 (2 pages) 
6.  Receipt of Notification Memorandum 



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