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TYPE GEN 
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

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]  NAME O F  COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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1  AMN 
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I  RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

ISSUES  A93.09 

INDEX  NUMBER 

A67.10 

HEARING  DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOARD 

. ... . - 

1  I  ORDER APPOINTMG THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPEARANCE 

04 Jan 2006 
APPLICANT'S ISSL'E  A.VD  TIIE DOARD'S  DECISIOhXL  RATIONAL  ARF DISCUSSED ON TtfE  ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DE(:ISIONAL  RATIONALE 

FD-2005-00251 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

(  SIGNATURE O F  R f C n Q n c n  

I  -OF 

BOARD P R E S ~ E N T  

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SAFIMRBR 

I  "  55O C STREET WEST; SUITE 40 
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RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

I  FROM: 

_..j 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 
1535 COM3lAh'D  DR. EE Wlh'G. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

:AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-002fil 

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

The applicant was offered a personal appearance before 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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant  does not contest his  discharge.  He states that he would  like to reenter the military.  The 
records indicated the applicant  received  an Article  15 and  a Vacation action  under the UCMJ for failure to 
go on divers occasions.  In addition, he received three Letters of Reprimand  for being continuously late for 
work  and  was place  on a  Control Roster and  received  an Unfavorable Information File.  The DRB opined 
that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr MacDill AFB, FL on 16 Aug 04 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Jul 81.  Enlmt Age: 19 6/12.  Disch Age: 23 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-69,  E-64,  G-48,  M-70. PAFSC: 3S031 -  Personnel Apprentice.  DAS: 
15 Mar 02. 

b.  Prior Sv: (1) AFRes 31 Jan 01 -  11 Jun 01 (4 mos 11 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  12 Jul 01 for 4 years. Svd: 03 Yrs 02 Mo 05 Das, all 

AMS . 

b.  Grade Status:  A m  -  19 Jun 03  (Vacation, 4 Nov 03) 

A1C -  12 Oct 03 
A m  -  12 Dec 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 04 Nov 03, Vacation, MacDill AFB, FL -  Article 86. 

You, did, between on or about 19 Sep 03 and 3 Oct 03 on 
divers occasions without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to Arnn.  (No appeal)  (No mitigation) 

(2) 19 Jun 03, MacDill AFB, FL -  Article 86.  You, did, 
between on or about 29 May 03 and 3 Jun 03 on divers 
occasions without authority, fail to go at the time 
prescribed to your appointed place of duty.  Suspended 
reduction to A m .   (No appeal)  (No mitigation) 

e.  Additional: LOR, 14 JUL 04 -  Late for work. 

CR, 03 MAY 03 -  Continuosly late for work. 
LOR/UIF, 29 APR 03 -  Late for work. 
LOR, 7 JAN 02 -  Failure to go at the time prescribed. 

f.  CM:  None. 

g.  Record of SV: 12 Jun 01 -  11 Feb 03  MacDill AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFAM, NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (06) Mos  (16) Das 
TAMS: (03) Yrs  (02) Mos  (05) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jun 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for ~ i s c h a e ~ e .  

) 

Issue 1:  I am requesting that the RE code I received  (sic) (2B) be changed 

to a 1 so that I may continue my service in the U.S. military. 

Issue 2:  Originally, when I was about to separate from the Air Force, I 

tried to do so by joining the "Blue to Green" program.  In that program I would 
have been release from the Air Force and allowed to continue service in the U.S. 
Army.  I realize that I had made irresponsible mistakes while I was in, but have 
taken all necessay steps to correct those mistakes.  I know it  may be asking a 
lot, but if I was given one last shot at redeeming myself, I would do so 110%. 
Thank you for taking the time to read and consider my request. 

ATCH 
1.  DD Form 149, 20 Jun 05. 

DEPARTMENT OF THE AIR FORCE 

6TH AIR MOBILITY WING (AMC) 

MACDILL AIR FORCE BASE FLORIDA 

JUL  1 9  2004 

MEMORANDUM FOR AMPI; 

FROM:  6 MSSICC 

SUBJECT:  Notification Memorandum 

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 
Honorable, Under Honorable Conditions (General) or Under Other Than Honorable Conditions 
(UOTHC). I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 9 Jul 04 and on or about 14 Jul04, you failed to report to your appointed place 
of duty at the appointed time.  These incidents resulted in a Letter of Reprimand (LOR), dated 
14 Jul04 (Tab A). 

b.  Between on or about 19 Sep 03 and 3 Oct 03 on divers occasions without authority, you 
failed to go at the time prescribed to your appointed place of duty, to wit:  Building 373. 
These incidents resulted in a Record of Proceedings of Vacation of Suspended Nonjudicial 
Punishment, dated 4 Nov 03.  Your punishment consisted of reduction to the grade of Airman 
(E-2) (Tab B). 

c.  Between on or about 29 May 03 and 3 Jun 03 on divers occasions without authority, you 
failed to go at the time prescribed to your appointed place of duty, to wit:  Building 373. 
These incidents resulted in Nonjudicial Punishment under Article 15, UCMJ, dated 26 Jun 03. 
Your punishment consisted of a suspended reduction to Airman (E-2).  A UIF was established 
and the document was placed, therein.  (Tab C). 

d.  On or about 16 Apr 03, you failed to report to your appointed place of duty at the 
appointed time.  This incident resulted in a Letter of Reprimand (LOR), dated 29 Apr 03 and 
placement on the control roster, dated 6 May 03 (Tab D). 

e.  On or about 3 Jan 03 and 7 Jan 03, you failed to report to your appointed place of duty at 
the appointed time.  This incident resulted in a Letter of Reprimand (LOR), dated 7 Jan 03 
(Tab E). 

AMC--GLOBAL REACH FOR AMERICA 

3.  You have the right to consult~counsel. Militam-legal counsel has been obtained to assist you. 
at Hangar 4, Suite 
I have made an appointment for you to consult 
3, on 22 Jul04 at 0900  hours. You may consult c~v~lian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf  Any statements you want the 
separation authority to consider must reach me by  2 2   3 h ~  @ ?  unless you request and 
receive an extension for good %use shown.  I will send them to the separatign authority. 

'. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the 6th Medical 
Group Hospital, Patriot Clinic, 8415 Bayshore Blvd on 20 Jul04 at 1400 hours for the 
examination.  You must report to the Patriot Clinic 30 minutes prior to pick up your DD 
Form 2697. 

7.  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 6 AMW/JA. 

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

Commander, 6th Mission Support Squadron 

Attachments: 
A.  Receipt of Notification Memorandum 
B.  Letter of Reprimand, dated 14 Jul04 
C.  AF Form 366, dated 4 Nov 03 
D.  AF Form 3070, dated 19 Jun 03 
E.  Letter of Reprimand, dated 29 Apr 03 
F.  Letter of Reprimand, dated 7 Jan 03 
G.  'Counsel Memorandum 
H.  Enlisted Performance Reports 
I.  Personal Data Rip 
J.  Medical Examination Memorandum 
K.  Transition Assistance Program Counseling Memorandum 
L.  Vehicle Sticker Memorandum 
M.  ID Card Retrieval Memorandum 
N.  Recoupment Statement