NAME OF SER\'ITF  M F M R P D  n  A C T   r ln v r  ""'""LE  INITJAI,) 

GRADE 

FORCE DISCIIARGE  HEVIEW BOARI) HEARING RECORD 

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PERSONAL APPEARANC 

OF COUNSEL A,  OR ORGANl7ATlON 

DAV 

. 

MEMBER SITTING 

941 N CAPlTOL ST NE WASIIINGTON DC 20421 

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TYPE GEN 
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No 
YES 
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1S5tIF\ 

A94.05 

INDEX h l  hlRFR 

A67.10 

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I 

I 

- EXHIBITS SUBMITTED TO THE BOARD 
1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

ORDER APPOINTJNG THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 

I 

COUNSEL'S REI.EASE TO THE BOARD 
ADD1 UONAL EXHBTTS SUBMITTED AT TIMEBF- 
PERSONAL APPEARANCE 

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TAPE RECORDMG OF PERSONAL APPEARANCE 

t1EAKING DATE 

13 Feb 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE UISCUSSED ON THE ATTACHED AIR  PURCG DWHARGF REVIEW BOARD DECISIONAL RATKNALE: 

I 

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 AFRCMR 

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

8 

&:< 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742 

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INDORSEMENT 

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.,  5. <''h 

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DATE:  2/14LZ006 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
41R FORCE DISCHARGE RE\  IEW  BOARD 
1535 COhIhlAND DR EE H LNG. 3HU FLOOR 
ANDRISWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

I 

AIR FORCE IIISCIIARGE REVlEW BOARD DECJSIONAL KA'TIONALE 

CASE NUMBER 

FD-201)5-00284 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

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

ISSUE:  Applicant contends the discharge was inequitable because it was too harsh.  The records indicated 
the  applicant received  an Article  15, four  Letters of Reprimand, one  Letter  of Counseling,  one  Record  of 
Individual Counseling and one Letter of Admonishment  for misconduct.  The misconduct  included  stealing 
cough  and  cold  medicine  from  the  base  exchange,  performing  unsafe  acts  on  the  flightline,  failed  room 
inspection  and re-inspection,  appearing in uniform  with ficial hair, failure to obey a lawful order, failure to 
go  and  lying,  reporting  to  duty  unshaven,  fdilure  to  return  items  to  library,  and  failurc  to  comply  with 
instructions.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  anlple 
opportunities  to  change  his  negative behavior.  The  Board  discussed  the  possibility  that  a  discharge  was 
inequitable because Dysthymia would have been  a more  appropriate basis  for discharge.  The Board  noted 
that the applicant had other health  concerns and that he was meeting with the Life Skills Clinic.  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. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 

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DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVXEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH  A 1 C )  

1.  MATTER W E R  REVIEW:  Appl rec'd  a GEN Disch fr Holloman AFB, NM on 9 Feb 05 
UP AFI 36-3208, para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2. 

BACKGROUND: 

a. DOB: 5 Mar 83. Enlmt Age: 18 11/12.  Disch Age: 21 11/12. Educ: HS DIPL. 
A-81,  E-82,  G-80,  M-73. PAFSC: 2W131F -  Aircraft Armament Systems 

AFQT: N / A .  
Apprentice. DAS: 5 Nov 02. 

b.  Prior Sv:  (1) AFRes 28 Feb 02 -  27 May 02  ( 3   months) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 28 May 02 for 4 yrs. Svd: 02 Yrs 08 Mo 13 Das, all A M S .  

b.  Grade Status:  Amn  -  20 Jan 05 (Article 1 5 ,   20 Jan 0 5 )  

A1C -  28 Sep 03 
A m  -  2 8   NOV 02 

c.  Time Lost:  None. 
d.  Art  1 5 ' s :   (1) 20 Jan 05, Holloman AFB, NM -  Article 121.  You, did, 

on or about 2 Jul 04, steal Coricidin HBP cough and cold 
medicine, of a value of about $5.25, the property of the 
Army Air Force Exchange Service (AAFES) .  Reduction to 
Airman.  Suspended forfeiture of $692.00 pay per month 
for 2 months.  Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 22 JLTN  04 -  Performing unsafe acts on the flightline. 
LOR, 10 MAR 04 -  Failed room inspection and re-inspection, 
appearing in uniform with facial hair, and 
failure to obey a lawful order. 

LOR, 30 OCT 03  -  Violation of AFI 36-2903, and failure to 

obey a lawful order. 

LOR, 29 SEP 03 -  Failure to go and lying. 
LOCI  12 SEP 03 -  Reporting to duty unshaven. 
LOR, 11 SEP 03 -  Failure to turn in several items checked 

LOA, 03 SEP 03 -  Failure to go. 
RIC, 08 AUG 03 -  Failure to comply with instructions. 

out from the library. 

f.  CM:  None. 

g.  Record of SV: 28 May  0 2   -  2 8   Jan 04  Holloman AFB  2  (1nitial)REF 

h.  Awards  &  Decs:  AFTR, NDSM. 

i.  Stmt  of Sv:  TMS:  (02) Yrs  (11) Mos  (13) Das 
TAMS:  (02) Yrs  ( 0 8 )   Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 14 Jul 05 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2 .   DD Form 214. 

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D-UY-J~,  mil  ~~Laz~fi-L-k atr  & L U L L <  

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DEPARTMENT OF THE AIR  FORCE 

49TH AIRCRAFT MAINTENANCE SQUADRON 

HOLLOMAN AFB, NEW MEXICO  88330 

JAN  2 7 2005 

MEMORANDUM FOR AMN 

FROM:  49 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraph  5.49.  If rny recornmendation is approved, your service will be 
characterized as Under Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  You, did, at or near Holloman AFB NM, on or about 2 Jul 04, steal Coricidin IIBP 
cough and cold medicine, of a value of about $5.25, the property of the Army Air Force 
Exchange Service (AAFES).  For this misconduct, you received an Article 15 dated 20 Jan 
05 (Atch 1) 

b.  You, who knew of your duties at or near Holloman AFR NM, on or about 7 May 04, 

were derelict in the performance of those duties in that you willfully failed to safely 
rnar~euver practice bombs in a maintenance trailer, as it was your duty to do.  For this 
misconduct, you received a Letter of Reprimand (LOR) dated 22 Jun 04.  (Atch 2) 

c.  You, having knowledge of a lawful order issued by MSgt 

) 

49 AMXSICCF, to vacuum your carpet in your dormitory room, an order which it was your 
duty to obey, did at or near Holloman AFB NM, on or about 10 Mar 04, fail to obey the 
same by not vacuuming your dormitory room.  For this misconduct, you received a LOR 
dated  10 Mar 04.  (Atch 3) 

d.  You, having knowledge of a lawful order issued by SSgt 

8 AMU, to 

have your urlifornl patches sewn down by 27 Oct 03, an order which it was your duty to 
obey, did at or near Holloman AFB NM,  on or about 27 Oct 03, fail to obey the same by not 
having your uniform patches sewn down on your uniform.  For this misconduct, you 
received a Letter of Counselirlg (LOC) dated 30 Oct 03.  (Atch 4) 

e.  You, did at or near Holloman AFR NM, on or about 3 Sep 03, with intent to deceive, 
an official statement, to wit:  that you completed the on-base 
make to SSgt 
driving restriction paperwork at building 35,49 SFS, which statement was totally false, and 
was then known by you to be so false.  You, having received a lawful order from Lt Col 
a superior commissioned officer, then known by you to be a superior 

officer, to report to Building 35 for completion of your on-base driving restriction 
paperwork, did at or near IIolloman AFB NM, on or about 10 Sep 03, fail to obey the same 
by not reporting to Building 35 and  completing on-base driving restriction paperwork.  For 
this misconduct, you received a LOR dated 29 Sep 03.  (Atch 5) 

J 

L. 

f.  You, who knew of your duties at or near Holloman AFB, NM, on or about 12 Sep 03, 
were derelict in the performance of those duties in that you willfully failed to maintain you 
personal  appearance by not shaving, as it was your duty to do.  For this misconduct, you 
received a LOC dated  12 Sep 03.  (Atch 6) 

g.  You, who knew of your duties at or near Holloman AFB NM, on or about 1 1  Sep 03, 
were derelict in the perfomlance of those duties in that you willfully failed to return overdue 
library books to the base library, as it was your duty to do.  For this misconduct, you 
received  a LOR dated  11 Sep 03.  (Atch 7) 

h.  You, did at or near Holloman AFB NM, on or about 3 Sep 03, without authority, fail 
to go at the time prescribed to your appointed place of duty, to wit:  Family Support Center 
For this misconduct, you received a Lctter of Admonishment (LOA) dated 3 Sep 03.  (Atch 
8) 

i.  You, having knowledge of a lawful order issued by TSgt 

49 A M X S ,  

to obtain your government drivers license and your flightline competency card by  1330 
hours on 8 Aug 03, an order which it was your duty to obey, did at or near Holloman AFB 
NM, on or about 8 Aug 03, fail to obey the same by not obtaining your flightline 
competency card.  For this misconduct, you received a Record of Individual Counseling 
(RIC) dated 8 Aug 03.  (Atch 9) 

3.  Copies of the documents to be forwarded to the scparation 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 arc 
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.  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 
you.  I have made an a  pointrnent for you to consult Captain: 
deIJsn ( ) E L  at 
expense. 

d 

/  0 

hours.  You may consult civilian counsel at your own 

, - - - - - - - - - - - - - - - - .  

has been obtained to assist 
fit Bldg 222, on 

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5.  You have [lie right to submit statements in your 
the separation authority to consider must reach me 
and receive an extension  for good cause shown.  I 

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 rnust report to Family Practice 
Clinic, Family Practice Hldg 15 on  3/3cri05 , a t 2 z c a  
examination. 

hours for the 

8.  You are ordered to report to the Military Justice Section immediately and report to 
the NCOIC1- Adverse Artinns-  YOU will be escorted by a member of your unit, 

to all outprocessing appointments.  You must report to 

your escort's oflice immedihtely. 

9.  Any personal infomation you furnish in rebuttal is covered by the Privacy Act of  1974. 
A copy o f  AFI 36-3208 is available for your use at 49 FWIJA. 

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

Commander 

Attachments: 
1.  Article 15, dated 20 Jan 05 
2.  LOR, dated 22 Jwn  04 
3.  LOR, dated  10 Mar 04 
4.  LOC, dated 30 Oct 03 
5.  LOR, dated 29 Sep 03 
6.  LOC, dated 12 Sep 03 
7.  LOR, dated 1 1 Sep 03 
8.  LOA, dated 3 Sep 03 
9.  RIC, dated 8 Aug 03