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
I AFSNISSAN
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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.
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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
AF | DRB | CY2006 | FD2005-00426
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) .............................. GRADE SRA AFSNISSAN --------------- C-..-..-..-..-' C..................-..-..-..-.' rYPE GEN 'OUNSEL YES No X X PERSONAL APPEARANCE RECORD REVIEW NAME O F COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION O F COUNSEL MEMBER SITTING ..................................... - 4 J 4 ISSUES A94.11 A94.05 INDEX NUMBER A67.10 VOTE OF THE...
AF | DRB | CY2005 | FD2005-00266
LOC, 25 APR 04 - Failure to obey a lawful order and lack of LOR, 06 FEB 04 - Failure to go at the time prescribed. For this offense you received a LOR on 4 Jun 04 (Atch 11). 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.
AF | DRB | CY2005 | FD2005-00255
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. For this misconduct you received a Letter of counseling, dated 28 Jun 04. Military legal counsel is available to assist you.
AF | DRB | CY2002 | FD2002-0254
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD2002-0254 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The misconduct included late to work, failing a dorm room inspection, failure to go, financial irresponsibility, and improper wear of chemical warfare gear during an exercise. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SRA) (HGH SRA) 1 .
AF | DRB | CY2006 | FD2005-00321
The records indicated the applicant received an Article 15, two 1,etters of Reprimand, and a civilian court conviction for misconduct. Sra below the zone, SSgt before six years, and all five EPR ratings until I asked for my divorce. In addition to military counsel, you have the right to employ civilian counsel.
AF | DRB | CY2004 | FD2004-00111
-- DCNY -1 -1 1 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE 1 1 2 3 ( LETTER OF NO.I'IPICATION 4 1 BRIEF OF PERSONNEI. For your actions, you received an LOR on 2 Oct 02. For your actions, you received an LOR on 9 Jul03.
AF | DRB | CY2004 | FD2004-00099
So if you can find anyway possible to upgrade my General discharge to an Honorable discharge I would be very grateful. ATCH None DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND FROM: 334 TRSICC SUBJECT: Notification Memorandum 1. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
AF | DRB | CY2006 | FD2005-00452
A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. b. Grade Status: Amn - 26 Jan 99 (Article 15, 26 Jan 99) A1C - 20 Nov 98 (Vacation of Article 15, 09 Dec 98) c. Time Lost: 04 Mar 99 thru 05 Mar 99 (1 day). I am recommending your discharge from the United States Air Force for Unsatisfactory Performance, specifically, Unsatisfactory Duty Performance.
AF | DRB | CY2006 | FD2005-00360
MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00360 GENERAL: The applicant appeals for upgrade of discharge to honorable. A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. (Change Discharge to Honorable) Issue 1: I am requesting an upgrade of my discharge.
AF | DRB | CY2007 | FD2006-00424
The records indicated the applicant received two Article 15s, four Letters of Reprimand, and one Memorandum for Record for misconduct. The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH SRA) 1.