AIR FORCE DISCHARGE REVIEW ROARD HEARING RECORD 

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PERSONAL APPEARANCE 
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1  I  ORDER APPOWTMG T I E  ROARD 
2  1  APPLICATION FOR  REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTlFlCATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXIIIBITS SIJBMITTED AT TlME OF 
PERSONAL APPEARANCE 

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APPUCAM'S  ISSUE AND THE HOARD'S DECISIONAL RATION&  ARB DISCUSSED ON TkUiATTAC71EB AIR  W E

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Case heard at Washington, U.C. 

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 DISCHAW6 RBVlEW BOARD DECISIONA). RATIONALE 

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HEARING DATE 

1  14 Feb 2006 

A- 

TAPE RECORDING OF PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a persolla1 appearance witwwithout counsel, and the right to 
submit an application to the AFBCMK. 

Names and votes will be made available to the applicant at the applicant's request. 

+ RE Code 
* Reason and Authority 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDO1,PH AFB, TX 781 50-4742 

ANDREWS AF0, MI) 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-2005-00247 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the rcenlistrnent code. 

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

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

FINDINGS:  Upgrade  of  discharge,  ch'mge  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 of inequity or impropriety.  The records indicated the applicant 
received  an  Article  15,  one  I.,etter  of  Reprimand,  and  two  Letters  of  Counseling  for  misconduct.  The 
misconduct  included  failure to  go  disrespect  to  a noncommissioned officer,  disobeying a direct  order, and 
making  false official  statements.  The  DRB opined  that  through these administrative  actions,  the  applicant 
had  ample  opportunities  to  challge his  negative  behavior.  The  Board  concluded  the  misconduct  was  a 
significant departure from 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 AIR FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Schriever AFB, CO on 18 Nov 
03 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the Reason  and Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 12 Jun 83.  Enlmt Age: 18 3/12.  Disch Age: 20 5/12. Educ: HS D I P L .  

AFQT:  N/A.  A-59,  E-61,  G-46,  M-42. PAFSC: 1C631 -  Space System Operations 
Apprentice. DAS: 5 Feb 03. 

b.  Prior Sv:  (1) AFRes 21 Sep 01 -  26 Aug 02  (11 months 6 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as Amn  27 Aug 02 for 6 yrs. Svd: 01 Yrs 02 Mo 22 Das, all AMS. 

b.  Grade Status:  AE3  -  30 Sep 03  (Article 15, 30 Sep 03) 

A 1 C  -  11 Oct  0 2  

c.  Time Lost:  None. 

d.  Art  15's:  (1) 30 Sep 03, Schiever AFB, CO -  Article 107.  You, did, 

,  an 

at or near Schiever AFB, CO,  on or about 2 Sew 03, with 
intent to deceive, make to M S g t  
official statement, to wit: that your grandmother had a 
stroke and that you wanted to go home on emergency leave 
to assist her, which statement was  totally false, and 
was then known by you to be so false.  You, did, at or 
near Peterson AFB, CO, on or about 3 Sep 03, with intent 
to deceive, make to the Peterson AFB Test Proctor, an 
official statement, to wit: your mother was having 
medical problems and that you couldn't think straight, 
which statement was totally false, and was then known by 
you to be so false.  Reduction to AE3. 
forfeiture of $200.00 pay per month for 2 months. 
Restriction to the limits of Peterson AFB, Colorado, 
with the exception of performing military duties at 
Schriever AFB, Colorado, for 15 days.  (No appeal) 
(No mitigation) 

Suspended 

e.  Additional: LOR, 09 SEP 03 -  Disobeying a direct order 

LOC, 05 SEP 03 -  Disrespect to an NCO. 
LOC, 27 AUG 03 -  Failure to go. 

f.  CM:  None. 

g .   Record  of SV: None. 

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

i.  Stmt  of Sv:  TMS:  (02) Yrs  (01) Mos  ( 2 8 )   Das 
TAMS:  (01) Yrs  (02) Mos  (22) Das 

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

(Change Discharge to Honorable, and Change the Reason and Authority  for 

Discharge) 

Veteran wishes to upgrade DD 214 -  Delete #28 Misconduct. 

ATCH 
1. DD Form 2 1 4 .  

MEMORANDUM FOR AB 

FROM:  2 SOPSICC 

SUBJECT:  Notification Memorandum 

2 SOPS 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically minor disciplinary infractions.  The authority for this action is AF'PD 36-32 and 
AFI 36-3208, paragraph 5.49.  If my recommendation is approved, your service will be 
characterized as honorable or under honorable conditions (general).  I am recommending that 
your cwrent term of service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 20 Aug 03, you failed to go to a mandatory Career Development Course 

(CDC) examination appointment on Peterson AFB, Bldg 350, Room 1085, at 0800 hours.  This 
constituted a violation of Article86, Unifbrm Code of Military Justice (UCMJ).  As a result, you 
received a Letter of Counseling (LOC), dated 27 Aug 03.  (Atch 1 a). 

b.  On or about 4 Sep 03, you were disrespecthl toward a non-commissioned officer (NCO). 
This was not your first offense, you were verba1,ly counseled a week prior for being disrespectfbl 
to another NCO.  This constituted a violation of Article 91, UCMJ.  As a result, you received an 
LOC, dated 5 Sep 03.  (Atch 1 b). 

c.  On or about 3 Sep 03, you were given-a direct order by the unit First Sergeant to call him 
if you were unable to come into work for any reason.  The unit First Sergeant also told you that 
you would be reporting to work and would be allowed to go to any appointment that you were 
able to make at the clinic after you came into work. On or about 8 Sep 03, you disobeyed this 
direct order by calling in sick, not calling the First Sergeant, and not coming into work.  This 
constituted a violation of Article 92, UCMJ.  As a result, you received a Letter of Reprimand 
(LOR), dated 9 Sep 03.  (Atch lc). 

d.  On or about 2 Sep 03, you did with the intent to deceive make a false official statement to 

the unit First Sergeant, to wit:  that youi grandmother had a stroke and that you wanted to go 
home on emergency leave to assist her.  On or about 3 Sep 03, you did with the intent to deceive 
make a false official statement to a Peterson AI;B Test Proctor, to wit:  that your mother was 
having medical problems and that you could not think straight.  These statements constituted 
violations of Article 107, UCMJ.  As a result, I imposed nonjudicial punishment on 30 Sep 03, 
which consisted of a reduction to the grade of Airman Basic (E-I), new date of rank 30 Sep 03, 
suspended forfeiture of $200.00 pay per month for 2 months, and restriction to the limits of 

MASTER OF  SPACE 

Peterson AFB, CO, with the exception of performing military duties at Schriever AFB, CO for 
15 days.  (Atch 1 d). 

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 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 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
An appointment has been made for you to consult the Area Defense Counsel Office, 567-7393, 
building T65, Schriever AFB, on 30 Oct 03 at 1115 hours.  You may consult civilian counsel at 
your own expense.  Civilian counsel, if employed, must be readily available. 

5, You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 duty days fiom the date you receive this 
memorandum of 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 in 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 complete the attached DD 
Form 2697 (Atch 5) and report to the Peterson , _ A.FB 
_ _ _ Medicine Clinic for your scheduled 
appointment on 3 Nov 03 at 1520 hours with j 
You must arrive 15 minutes prior 
(1505) to the scheduled appointment time. 

_ _ _ _ _ _ Flight 

_ _ _ 

L - - - - - - - - - - - - - .  

8.  You must report to MPF Separations on 3 Nov 03 at 1300 hours to receive a briefing. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT  36-3208 is available for your use in your unit orderly room. 

c 

Commander, 2nd Space Operations Squadron 

b , Lt Col, USAF 

Attachments: 
1.  Derogatory Data: 

a.  LOC, 27 Aug 03 
b.  LOC, 5 Sep 03 
c.  LOR, 9 Sep 03 

d.  AF Form 3070,30 Sep 03 - wlevidence (E-mail fkom MSgt 

15 Sep 03, 

Memorandum For Record from MSgt 
Record of Emergency Data, AF Form 988, Request for Delay, 19 Sep 03, Defense Legal 
Review, 25 Sep 03, Corrections made to Article 15; 2 Oct 03) 

List of Individuals Waiting to Test, 

2.  Airman's Receipt of Notification 
3.  Airman's Statement 
4.  Recouprnent Statement 
5.  DD Form 2697