AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

INITIAL) 

- 
1 . i . y ~ ~  GEN 

'OUNSEL 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 

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1 

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RECORD REVIEW 

-1 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

VOTE OF THE BOARD 

--+- 

., 

MEMBER SITTING 

HON 

GEN 

IIOI'HC 

OTHER 

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INDEX  NUMBER 

A67.10 

EXHfBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING TI IE BOARD 
APPL,ICA1 ION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF Ok  PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
, ~ D D I T I O N A L ~ X H I B I T S  SUBMITTED A'I'  TIME 01: 
PERSONAL APPEARANCE 
I  TAPE RECORDING  OF PERSONAI,  APPEARANCE 

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2 
3 
4 

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HEARlNG  DATE 

CASE NUhlBER 

16 Feb 2006 
APP1.ICANT'S  ISSUE AND THE BOARD'S DECISIONAL RAlY0N'P.L  ARE DISCUSSED ON THE ATTACHED AKR  FORCE DISCHARGE REVIEW BOARO DECISIONAL RATIONALE 

FD-2005-00291 

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Case heard at Washington, D.C. 

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. 

* CHANGE RE CODE 

<* * * * -- 
TO: 

- 

INDORSEMENT 

--&--L----- 

DATE: 2/l'lAIbO(i 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOI,PH  AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL CDUNClL 
AIR  FORCE DISCHARGE REVIEW BOARD 
153s COMMAND DR.  EE WING, 3RD FLOOR 
ANDKEWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARU DECISIONAL RATIONALE 

CASE NUMBER 

FD-t005-00291 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DM),  without  counsel,  at 
Andrews AFB on 16 Feb 2006. 

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:  The discharge is upgraded to honorable, and change of reenlistment code is granted. Change of 
reason and authority for discharge are denied. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because his supervisors singled him out after he self- 
reported his drinking problem.  The records indicate the applicant received four Letters of Reprimand, two 
Letters of Counseling, and one Record of Individual Counseling for misconduct.  According to the 
reprimands and counselings, he failed to go to his assigned place of duty at the appointed time on four 
occasions, fell asleep on duty oncc, acted unprofessional or disrespectful in class, and disobeyed an order to 
sew new rank insignia onto his uniform.  The Letters of Reprimand and L,ettcrs of Counseling were all 
written during the five months after the applicant sought alcohol rehabilitation, which he completed 
successfully.  After examining the facts surrounding these administrative actions, the DRB concluded the 
applicant did engage in the documented misconduct.  I-Iowever, several of the incidents would not have 
resulted in a reprimand or written counseling in the absence of inequitable or individualized treatment.  This 
inequity warrants upgrade of the discharge characterization to honorable and change of the applicant's 
reenlistment code.  Because an underlying basis of misconduct is present, change of the reason and authority 
for discharge are not warranted. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  rcgulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full administrative due process. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is  more  accurately  reflected by  an Honorable  discharge.  The  applicant's  reenlistment 
code should be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE A I R   FORCE 

AIR FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Sheppard AFB, TX on 6 Jul 04 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
f o r  Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Jun 84.  Enlmt Age: 19 4/12.  Disch Age: 20 0 / 1 2 .   Educ:  HS DTPL 

G-64,  M-49. PAFSC: 2A313A  -  Tactical Aircraft 

AFQT: N/A.  A-81, 
Maintenance Helper. DAS: 29 D e c   03. 

E - 6 0 ,  

b.  Prior S v :   (1) AFRes 28 Oct 03 -  9  Nov 03  ( 1 2   days) (Inactive). 

3 .   SERVICE UNDER  REVXEW: 

a.  Enlisted as AB 10 Nov 03 for 6 yrs. Svd: 00 Yrs 07 Mo 2 7   Das, all AMS. 

b.  Grade Status:  A1C -  26 Dec 03 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF, 10 SUN  04 -  Failure to go. 

LOR, 27 MAY 04 -  Late for duty. 
LOR, 17 MAY 04 -  Failure to obey orders. 
LOC, 20 APR 04 -  Failure to go. 
LOR, 20 APR 04 -  Dereliction of duty. 
LOCI  12 APR 04 -  Sleeping on duty. 
RIC, 14 JAN 04 -  Unprofessional behavior 

f.  CM:  None. 

g .   Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of S v :   TMS:  (00) Yrs  (08) Mos  (08) Das 
TAMS:  (00) Yrs  (07) Mos  (27) Das 

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

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

for Discharge) 

Issue 1:  An upgrade is requested because I would  like a  chance the  (sic) 
operational Air Force, or any Branch  for that matter.  I feel as if I did not 
fully understand and respect  the opportunity given to me.  I am  fully aware now 
of  w h a t   i t   takes to be a airman  (sic) in the USAF.  So please,  l o o k   o v e r   m y  
s i t u a t i o n  and consider  m e   f o r   reentry, and I ' m   fully s u r e   that  I w i l l   be  the 
best  airman (sic) I can be. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

figm5-002 

MEMORANDUM FOR A1C 

FROM:  362 TRSICCQ 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for 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 service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 4 Jun 04, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit:  Building 1200, After Care 
Group, at 0800.  For this misconduct you received a Letter of Reprimand (LOR) and an 
Unfavorable Information File was established on  10 Jun 04. 

b. You did, at or near Sheppard AFB TX, on or about 27 May 04, without authority, fail 

to go at the time prescribed to your appointed place of duty, to wit:  duty at 2330.  For this 
misconduct you received an LOR on 27 May 04, 

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

:o report for duty having 
your correct rank of AlC sewn on your uniform, an order which it '  . _  , .bur duty to obey, did at 
or near Sheppard AFB TX, on or about 17 May 04, fail to obey the same.  For this misconduct 
you received an LOR on 17 May 04. 

d.  You did, at or near Sheppard AFB TX, on or about 19 Apr 04, without authority, fail 
to go at the time prescribed to your appointed place of duty, to wit:  Academic Enrichment.  For 
this misconduct you received a Letter o f  Counseling (LOC) on 20 Apr 04. 

e.  You, who h e w  or should have know of your duties at or near Sheppard AF'B TX, on 
or about 19 Apr 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from participating in horseplay on the hangar floor, as it was your duty to da.  For this 
misconduct you received an LOR on 20 Apr 04. 

f.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 
or about 12 Apr 04, were derelict in the performance of those duties in that you failed to refrain 

from sleeping on duty, as it was your duty to do.  For this misconduct you received an LOC on 12 
Apr 04. 

g.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 

between on or about 6 Jan 04 and on or about 13 Jan 04, were derelict in the performance of 
those duties in that you exhibited unprofessional behavior, as it was your duty not to do.  For this 
misconduct you received an AF Form 174, Record of Individual Counseling on 14 Jan 04. 

Copies of the documents ta be forwarded to the separation 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 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 will probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

3.  You have the right to consult counsel.  Milit-ll*el 
I h  e  ade an appointment for you to consul 

) dw  . YOU  may consult civilian counsel 

4.  You have the right to submit statements in 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I 

statements you want the 

you request and 

5. If you fail to consult counsel or to submit statements in your own behalf, you. 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 82d Medical 
Group, Bldg 1200, Physical Examinations, at  OF) I D 

on 21 &UM  6Lf. 

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 in the Commander's Support Staff Office. 

8.  Execute the attached acknowledgment and,,retum it to me immediately. 

f- 

Attachments:  (listed on the next page) 

Attachments: 
1.  LOR, 1OJun04 
2.  AFForrn 1058,lO Sun 04 
3.  LOR, 27May04 
4.  LOR, 17May04 
5, LOC, 20 Apr 04 
6.  LOR, 20 Apr 04 
7.  LOC, 12 Apr 04 
8.  AF Form  174, 14 Jan 04 
9.  AETCForrn 125A, 9 Jun 04 
10. Student Training Report 04044 
11. LAFB Form 205,29 Dec 03 
12. Airman's Receipt to notification memorandum LJ