AIR FORCE DISCHARGE REVIEW BOARD 

HEARING RECORD 

NITIAL) 

GRADE 

AB 

I  AFSN/SSAN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANXZATION 

TYPE GEN 
No -- 

'OUNSEL 

YES 

X 

RECORD REVIEW 

X 
ADDWSS AND OR ORGANILA rION OF ( OlJNSEL 

. .. -- 

MEMBER SITTING 

VOTE OF TIIE BOARD 

-- 

HON 

GEN 

UOTHC 

OTHER 

DENY 

- 

- 

- 

- 

ISSUES 

A95.00 

INDEX NUMBER 

A67.10 

X 

X 

X 

X 

X 

1 
2 
3 
4 

- 
EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTTNG THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NO'TIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO 'I HE BOARD 
ADDITIONAI.  EXHIBITS SUBMI TTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

25 Jan 2006 
APPLICANT'S 1SSUfi AND 'I k E  BOARD'S 

3D-2005-00196 

DECISIONAL. RATIONAL ARE DISCUSSED ON THE. ATTACH&  AIR FORCE 

A IS CHARGE REVEw BOARD ~EcYSIONAL RATIGNALE 

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. 

SAFIMRDR 
550 C S T R E f l  WEST, SUITE 40 
RANDOLPH AFB  TX 78150-4742 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBLR 

FD-20(,5-Oo196 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and scheduled a 
personal appearance via video teleconference, but failed to appear. 

The following additional exhibits were submitted at the hearing: 

None. 

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

FINDINGS:  Upgrade of discharge is denied. 

The  Hoard  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: 

Issue 1.  Applicant requests an upgrade of his discharge.  IIis DD Form 293 contained no basis for this 
request other than the phrase "trying to move on with life."  The DRB was pleased to see that the applicant 
wants to move forward.  However, no inequity or impropriety in his discharge was suggested or found in the 
course of the hearing.  The records indicated the applicant received nonjudicial punishment under Article 15, 
UCMJ, for larceny.  He received a vacation action and Letter of Reprimand for failure to go at the time 
prescribed to his appointed place of duty.  Moreover, he received one Letter of Reprimand for failing to 
maintain dormitory standards and three Records of Individual Counseling for failure to shave, insubordinate 
conduct, failure to obey an order, and failure to perform telephone watch.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service. 

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 REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch f r  Tyndall AFB, FL on 22 Mar 00 
UP A F I   36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOE: 19 Oct 80.  Enlmt Age: 17 0/12.  Disch Age: 19 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-83,  E-44,  G-46, M-18. PAFSC: 4M031 -  Aerospace Physiology 
Apprentice. DAS: 19 Dec 98. 

b.  Prior Sv: (1) A F R e s   25 Oct 97 -  4 Aug 98 (9 months 10 days) (Inactive) 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 5 Aug 98 for 4 yrs. S v d :   1 Yrs 7  Mo 1 8   Das, a1.l  AMS. 

b.  Grade Status:  AB -  4 Oct 99  (Vacation of Article 15, 8 Feb 00) 

AMN -  Unknown 

c.  Time Lost:  None. 

d .  

Art  1 5 ' s :  

(1) 8 Feb 00, Vacation, Tyndall AFB, FL  -  Article 86.  You, 
did, on or about 2 Feb 00, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
You, did, on or about 3 Feb 00, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  Reduction to AE.  (No appeal)  (No mitigation) 

 

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - I  

(2) 4 Oct 98, Tyndall AFB, FL  -  Article 81 -,--- You,--did,-on - - - - - ,  

I - - - - - - - - - - - ,  

ol: about 25 Sep 99, conspire with A ~ C ;
to commit an offense under the Uniform Code of Military 
L - - - - - - - - - -  !I  to wit :  larceny of a Tommy Hilf iger shirt, of- a 
value of about $49.00, the property of Army and Air 
Force Exchange Service, and in order to effect the 
object of the conspiracy you did affix a 50% off 
clearance tag onto the Tommy Hilfiger shirt which was 
not  on sale.  Article 121.  You, did, on or about 25 
September 1999 steal a Tommy Hilfiger shirt, of a value 
of about $49.00, the property of Army and Air Force 
Exchange Service.  Suspended reduction to AB. 
Forfeiture of $150.00 pay per month for 2 months. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 18 JAN 00 -  Failure to maintain dorm room within 

minimum standards of cleanliness. 
LOR, 3 0   NOV 99 -  Late for duty on four occasions. 
RIC, 09 SEP 99 -  Failure to shave. 
RIC, 10 SEP 99 -  Insubordinate corlduct and. failure to obey 

RIC, 0 5   MAR  99 -  Failure of Phone Watch responsibility. 

an order or regulation. 

f .  CM:  None 

g .   Record of SV: None. 

h.  Awards &  D e c s :   AFTR,  AFOUA. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (4) Mos  (28) Das 
TAMS:  (1) Y s s   ( 7 )   Mos  (18) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 9 May 0 5 .  

(Change Discharge to Honorable) 

Trying to move on with life 

ATCH 
None. 

DEPARTMENT  OF THE AIR  FORCE 

AIR  EDUCATION A N D  TRAINING COMMAND 

,  F ~ 2 @ 5 - 0 0 / 7 4  

MEMORANDUM FOR AIRMAN 

FROM:  325 AMDSICC 

28  Feb  00 

- -  -m J E m -  NZf i ~ i ~ ~ ~ d U r n ~ ~ ~ ~ i

Discharge 

i

i

i

- - - - ..  .. . . .. . . .. - - - . -. . . . 

.  .. . - . . . .-  . . .. 

. . . ..  . .  . - . . .. . . . . . - - - . .  . . - 

s ~ ~ t

i v ~  

1.  I  am  rccormnending  your  discharge  from  the  United  States  Air  Force  for  Misconduct, 
specifically;  minor  disciplinary  infractions.  The  authority  for this  action  is  Air  Force Policy 
Directive  36-32  and  Air  Force  Instruction  36-3208,  Chapter  5,  Section  H,  paragraph  5.49, 
Misconduct.  If my recommendation  is approved, your service will be characterized as honorable 
ox general.  I am recommending your service be characterized as general. 

2.  My reasons for this action are: 

a.  You were, on or about 5 Mar 99, derelict in the perfomlancc of your duties by failing to 

man your post, as evidenced by a Record of Counseling, datcd 5 Mar 99  (Atch I a). 

b.  You  did,  on  or  about  8  Sep  99,  fail  to  obey  a  lawful  order  given  by  SSgt 

as 

evidenced by a Record of Counseling, dated 10 Sep 99  (Atch 1 b). 

c.  You were, on or about 7 Sep 99, derelict in the performance of your duties by failing to 

shave, as evidenced by a Record of Counseling, dated 9 Sep 99  (Atch 1 c). 

d.  As evidenced by an Article 15, finalized on 13 Oct 99  (Atch Id): 

1)  You did, on or about 25 Sep 99, conspire with A1C 

:o commit larceny of a 
Tommy Hilfiger shirt  of a value of about $49.00,  by affixing a 50% off clearance tag  onto the 
shirt, which was not on sale. 

2)  You  did,  on or about 25  Sep 99,  steal  a Tommy Hilfiger shirt,  of a  value  of about 

$49.00, the property of Anny and Air Force Exchange Service. 

e.  You were,  on divers occasions, not present  for duty at the appointed time,  as evidenced 

by a Letter of Reprimand, dated 30 Nov 99  (Atch 1 e). 

f.  You were, on or about 14 Jan 00, derelict in the performance of your duties by failing to 
maintain  your  dorm room  within  minimum  acceptable  standards, as  evidenced  by  a Letter  of 
Reprimand, dated 18 Jan 00  (Atch 1 f). 

FOR OFFICIAL USE ONLY 

g.  You did, on or about 2 Feb 00; and, 0x1  or about 3 Feb 00, fail to go at the time prescribed 
to  your  appointed  place  of  duty,  as  evidenced  by  an  AF  Forrn  366,  finalized  on  15 Feb  00 
(Atch I g). 

3.  Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation are attached.  The commander exercising special court-martial jurisdiction,  or a 
higher authority, will decide whether you will be discharged or retained in the h r  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 legal counsel.  Military legal counsel has been obtained to assist 
you.  An  appointment has been  made  for you  to consult  Capt : 
Area  Defense 
.  You  may  consult  civilian 
Counsel, Bldg.  1005 (3-291 1)  at  l o  oo 46s 
D O  
legal counsel at your own expense. 

on  2 5  

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three (3) workdays unless you request and 
receive  an  extension,  in  writing,  for  showing  good  cause.  I will  send  them  to  the  separation 
authority. 

6.  If you  fail  to  consult  counsel  or  submit  statements in  your  own  behalf,  your  failure  will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical records check as part of this discharge process.  You 
must report to the NCOIC, Physical Examinations,  Building  1309, Monday, Tuesday, Thursday 
or Friday between  1330 and 1 500 to complete this medical records check. 

8.  You have been scheduled for a separations briefing.  You must report to 325 MSSDPMAR 
(Separations) section at  1 4 ~ 1  h e  5 

on _!  M fh? oo  . 

9.  Any personal information you furnish in rebuttal  is covered by the Privacy Act.  A copy of 
AFI 36-3208 is available for your use in the unit personnel office. 

10.  Execute the attached acknowledgment and refilm it to me immediately 

fi 

Attachments:  (listed separately) 

Commander, 325 AMDS 

, ~t  col, uSAF, MC, SFS 

FOR OFFICIAL, USE ONLY