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INDEXNIIMBER 

A67.10 

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EXHIBI'I'S SUBhlITI'ED 'TO THE BOARD 

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0IU)EII AI'POINTING  THE BOARD 

+ i ~ n ~ F v I E w  
3  1  LFTTFR OF NOTIFICATION  - . " 
4  i  BRIFF OF PERSONNEL I  ILL 

OF D I s C H A R m  

C'OUNSEI.'S  REI.EASE TO THE BOAKU 

EXHIBITS SURMI'I'TED  A'I-'I'IME  OF 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPbARANCE 

APl'L.CAK  T'S ISSL'E AND THE BOARD'S  DEClSlONM RATIONAL AKE DISCUSSED ON THE A'JTA('HF.D  AIR FOKCE DISCHARGE  REVIEW BOARD DECISIONAL  RAJlONAl F: 

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CASE NUMBER 

FD-2005-00203 

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Case heard at Washington, D.C.  The appl  cant was offered a personal appearance before the Discharge Kevicw Board 
between Andrews AFB, Maryland and St. Augustme FL vla video teleconference but failed to exerclse this right. 

Advlse appl~cant of lhc decision of the Board, and the right to submit an appl~catlon to the AFBCMK 

Names and votes w ~ l l  be made available to the applicant at the applicant's request. 

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SAbIMICUR 
550 (' S I REET WES r, SlJlTE 40 
RANDOLPH AIU, 1X 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

NEI. COUNCIL 

ANDREWS AhB, M D  20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00203 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but failed 
to appear for his hearing.  The DRB considered the applicant's request for upgrade by records review. 

The attached brief contains available 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 with his application for upgrade of discharge, however the Board 
considered  the  issues  raised  by  the  applicant  in  his  original  response  to  discharge  action  including 
upbringing, motivation to serve, acceptance of responsibility for his conduct and his request for an honorable 
characterization of service. 

The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary 
infractions after 7 months and 4 days of service.  The applicant successfully completed basic training, 
however during technical training, the member received 3 AETC Forms 173 (records of counseling for 
minor infractions while in training), 2 Letters of Counseling and 8 Letters of Reprimand for various 
infractions including failure to complete homework, late for duty, communicating a threat, insubordination, 
unprofessional conduct, poor attitude, multiple training phase violations, failure to obey lawfid orders, and 
academic failure.  The Board noted the applicant was notified of discharge action one week after completing 
6 months of active duty and observed that members discharged prior to 6 months typically receive a 
characterization of service as "uncharacterized" under provisions for entry level separation.  The Board 
reviewed the evidence of the record showing that the applicant's training supervisors and chain of command 
expended considerable time and effort over nearly a four month time span in remediation and counseling to 
help the applicant conform to military and academic standards.  The applicant had ample opportunity to 
correct the recurring misconduct that was a significant departure from conduct expected of all military 
members and the DRB found no evidence of impropriety or inequity that would warrant an upgrade. 

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  M B ,  MD 

(Former A 1 C )   (HGH A 1 C )  

1  MATTER  UNDER  REVIEW:  A p p l   rec'd a GEN Disch fr Lackland AFB, TX on 2 7   Sep 04 
U P   A F I   3 6 - 3 2 0 8 ,   para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 2   Sep 8 5 .   Enlmt Age: 18 5 / 1 2 .   Disch Age: 1 9   0 / 1 2 .   Educ: H S   DIPL. 

G - 3 6 ,   M-29.  PAFSC:  3 P 0 1 1   -  Security Forces Helper. 

AFQT:  N/A.  A - 5 7 ,  
DAS: 12 Apr 0 4 .  

E - 5 1 ,  

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C  24 Feb 04 for 6 yrs. Svd: 0   Yrs 7  M o   4 Das, all M S .  

b.  Grade Status:  A1C  -  9 Apr 04 

c.  Time Lost:  None. 

d.  Art 1 5 ' s :   None. 

e.  Additional: AETC 125A, 1 6  AUG  0 4   - Removed from training due to 

academic failure. 

LOR, 13 AUG 04 -  Smoking in room. 
LOR,  25 JUL 0 4   -  Late for duty. 
LOR, 2 5   J U L   0 4   -  Violation of phase by being in civilian 
clothing and failing to sign out of the 
dormitory. 

LOR,  1 6   JUL  04 -  Insubordinate behavior. 
LOR,  0 6   JUL  0 4   -  Speeding on base and failure to obey a 

direct order. 

AETC  1 7 3 ,   1 5   JUN  0 4   -  Unprofessional conduct. 
LOR, 08 JUN 0 4   -  Late for duty. 
LOR, 0 6   JUN 0 4   -  Late t o   accountability and poor attitude. 
LOR, 26 MAY 04 -  Insubordinate conduct. 
LOC, 2 9   APR 0 4   -  Talking and moving around while at the 
position of attention. 
LOC, 27 APR 0 4   -  Communicating a  threat. 
AETC 173, 2 3   APR  0 4   -  Failing to complete homework. 

f .   CM:  None. 

g.  Record of SV: None. 

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

i.  S t m t   of  Sv:  TMS: 

( 0 )  Yrs  (7) Mos  (4) Das 
TAMS:  ( 0 )   Yrs  (7) Mos  ( 4 )   Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD  Fm  2 9 3 )   d t d   1 6  M a y   0 5 .  

(Change  Discharge  t o  Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
N o n e .  

DEPARTMENT OF THE AIR FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AB 

FROM:  343 TRSDOM 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The basis for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If rny 
recommendation is approved, your discharge will be described as Honorable, Under Honorable 
Conditions (General), or Under Other Than Honorable Conditions (UOTHC) discharge.  I am 
recommending your service be characterized as General and you may be ineligible for 
reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  On 12 Aug 04, you were in your room smoking in violation of yow SSIs, when you should 

have been working in Security Forces Supply.  As a result, you received a Letter of Reprimand 
(LOR), dated 13 Aug 04. 

b.  On 24 Ju104, you were late to call for quarters huntment.  As a result, you received an 

LOR dated 25 Jul04. 

c.  On 24 Jul 04, you violated.phase by being in civilian clothing and failing to sign out of the 

dormitory.  As a result, you received an LOR dated 25 Jul04. 

d.  On 15 Ju104, you refused to go back to your huntrnent after accountability.  You were told 

three times, became argumentative and called AlC 
A1C 
04. 

an AETC Form 341 when requested.  AS a result, you received an LOR dated 16 Jul 

a racist.  You also refused to give 

e.  On 3 Jul04, you were caught speeding on Lackland AFB,  In addition, you failed to obey a 
direct order to return the rental car and to report to the military training leader at Camp Bullis, in 
a taxi, as soon as possible.  As a result, you received an LOR dated 6 Jul04 

f.  On 15 Jun 04, you responded with a non-verbal expression (hard exhale) when directed to 

walk appropriately and quit dragging your feet.  When questioned, "what part of pick up your 
feet did you not understand," you responded with, 'hone of it."  As a result, you were counseled 
as reflected on the AETC Form 173, dated 15 Jun 04. 

g.  On or about 7 Sun 04, you were late for physical training.  As a result, you received an 

LOR dated 8 Jun 04. 

h.  On or about 2 Jun 04, you were late to accountability, and you had an attitude with your 

ropes.  As a result, you received an LOR dated 6 Jun 04. 

i.  On 26 May 04, you ordered an omelet fiom the grill after being told by MSgt 

that you 
were not to order any grilled items due to time constraint and the number of Airmen that had to 
eat.  As a result, you rcceived an LOR dated 26 May 04. 

j.  On or about 29 Apr 04, you lacked military bearing while talking and moving around when 

you were to be at the position of attention. As a result, you received a Letter of Counseling 
(LOC), dated 29 Apr 04, and a 7 day phase delay. 

k.  On or about 27 Apr 04, you communicated athreat to another airman.  As a result, you 

received an LOC dated 27 Apr 04, and a 7 day phase delay. 

1.  On 23 Apr 04, you reported to duty without your homework completed.  As a result, you 

were counseled as reflected on the AETC Form  173, dated 23 Apr 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 a higher 
authority, will decide whether you will be discharged or retained in the Air Force. 

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

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 (3 workdays)  3  5 e  of 
request and receive an extension for good cause shown.  Your statements will be forwarded to 
the separation authority and will be made part of your case file that the separation authority will 
read. 

unless you 

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 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 h i s h  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 acknowledgement and return it to me immediately. 

Commander, Military Training Flight 

, Capt, USAF 

Attachments: 
1. AETC Form  125A, dated 16 Aug 04 
2.  Student Training Report 
3.  Student Tracking Sheet 
4.  Letter of Reprimand, dated 13 Aug 04 
5.  Letter of Reprimand, dated 25 Jul 04 
6.  Letter of Reprimand, dated 25 Jul04 
7.  Letter of Reprimand, dated 16 Jul04 
8.  Letter of Reprimand, dated 6 Jul04 
9.  AETC Form 173, dated 15 Jun 04 
10.  Letter of Reprimand, dated 8 JunO4 
1 1.  Letter of Reprimand, dated 6 Jun 04 
12.  Letter of Reprimand, dated 26 May 04 
13. Letter of Reprimand, dated 29 Apr 04 
14. Letter of Counseling, dated 27 Apr 04 
1 5.  AETC Form 1 73, dated 23 Apr 04