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AIR FORCE DISCHARGE REVIEW HOARD HEARING RECORO 

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GRADE 

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PERSONAL APPEARANCE 

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COIINSEI, AND OH ORl;ANl7A I ION 

RECORD REVIEW 

ADDIES5 AND OR ORGANIZATION OF COlINSEL. 

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EXIlTBITS SUBMI'ITED T ~ I ' A E  UOAFD " 

ORDER Al'POINTING  THE BOARD 
APPl  ICAI ION  FOR REVIEW OF DIS('l1ARCE 
I.E.rTFR OF NOTIFICATION 
BR1k.F OF PERSONNkL  FII  E 
170UN9EL'S RE1 kASF  f 0  T tic ROARD 
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ADI)ITIONAL~I~TSSIIBMITTFDAT 
OF 
PERSONAL APPEARANCL 

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IIEARIN(;  DATF 

TAPE RECORDING OF PkKSONAL. APPEARANCE 

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14 Feb 2006 
?PLICANI"S  1SSWE AND TlG BOARD'S DECISlONALRKrIONAL  ARE UlSCLlSSED ON TtU!  ATTAt'HED  AIR FORCE DlSCHAREE REVlbW B O A W  DECISIONAL RAJ loNAL@ 

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Case heard at Washington, D.C. 

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

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

+RE Code 
* Reason and Authority 

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INDORSEMENT 

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DATE:  2/16/2006 

ShFIMRBR 
550 C STREET WEST, SUITE 40 
RANDO1.PII  AFB, TX 781 50-4742 

SECRETARY O P T l l E  A I R  FORCK PERSONNEL. I.'OIINCIL 
AIR  FORCE DISCHARGE REVIEW ROARD 
1535 COMMAND DR,  EE WING, 3RD  FLOOR 
ANDHEWS AF8, M U  20762-7002 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlOlVAL RATIONAI,E 

CASE NUMBER 

FD-2005-00298 

GENERAL: 
authority for the discharge, and to change the reenlistment code. 

'She  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declincd 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 contends that he should not be penalized indefinitely for a mistake he made when young. 
The records indicated the applicant received an Article  15, two Letters of Reprimand, one Letter of 
Counseling, two Memorandums for Record, and six AETC Form 341 s for misconduct. The misconduct 
included hilure to go, late for duty and  formation on divers occasions, failure to complete homework 
assignments, room inspection failure, and failure to meet minimurn standards of correctional custody.  The 
DRB opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  'The  DRB recognized the applicant was 19 years of age when the discharge took place. 
However, there is no evidence he was immature or did not know right from wrong.  The Board concluded 
the misconduct was a significant departure from conduct expected of all military membcrs.  The 
characterization of the discharge received by the applicant was fbund 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 thc applicant was provided full administrative due process. 

ln view of the foregoing findings the Board hrther 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 O F   THE  AIR FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  M D  

(Former AMN)  (HGH A l C )  

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch f r  Keesler AFB, MS on 2 0   Dec 02 
U P   AFI 3 6 - 3 2 0 8 ,   para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 13 Feb 83. Enlmt Age: 19 2/12.  Disch Age: 1 9   1 0 / 1 2 .   Educ: HS DIPL. 

G - 7 2 ,  

M-68. PAFSC:  9T000  -  Basic Airman. DAS: 22  J u l  

AFQT: N/A.  A-71,  E - 7 2 ,  
0 2 .  

b.  P r i o r   Sv:  (1) A F R e s   26 Apr 02 -  0 8   May 02  ( 1 3  days) (Inactive). 

3 .  

SERVXCE  UNDER  REVIEW: 

a.  Enlisted as 9 May 02  for 4  yrs. S v d :   00  Yrs 0 7   Mo 12 Das, all AMS. 

b.  Grade Status:  Amn  -  9 Nov 02 

c.  ~ i m e  Lost:  None. 

d.  Art 15's:  (1) 5 Nov 02, Keesler AFB, MS -  Article 86.  You did, on or 

about 12 Oct 0 2 ,   without authority, fail to go at the 
time prescribed to your appointed place of duty.  You 
did, on or about 18 Oct 0 2 ,   without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Thirty days correctional custody. (No appeal) (No 
mitigation) 

e.  Additional: MEMO, 5 DEC 0 2   -  Recommendation for discharge due to 

failure to meet minimum standards of the 
correctional custody program. 

MFR,  2 1   OCT  0 2   -  Late for duty. 
MFR, 16 OCT 02  -  Late for duty. 
AETC 341, 18 OCT 02  -  Late for formation. 
AETC 3 4 1 ,   1 2   OCT  02  -  Late for formation. 
LOR, 4 OCT  02  -  Failure to do homework. 
AETC  1 7 3 ,   3 0   SEP 02  -  Unsatisfactory Performance. 
AETC 1 7 3 ,   16 SEP 02  -  Unsatisfactory Performance. 
AETC 1 7 3 ,   11  SEP  02  -  Failure to complete homework 

assignments. 

LOR,  6 AUG 02  -  Failure to complete homework assignments. 
LOCI 5 AUG 02  -  Late for formation. 
AETC 341, 25 JUL 02  -  Dormitory room inspection failure. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmtof Sv:  TMS:  (00) Yrs  (07) Mos  (25) Das 
TAMS: (00) Yrs  (07) Mos  (12) Das 

4 .   BASIS ADVANCED FOR REVXEW:  Appln  (DD Fm 293) dtd 18 Jul 05. 

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

for Discharge) 

Issue  1:  I am trying to enlist in the United States Army, recruiter said he 
can enlist me if the discharge is upgraded and the reenlistment code of RE-2B  is 
changed.  I realize that my immaturity back in 2002 led to my discharge, I need 
to serve my country and serve it honorably, please consider this request 
favorably, I submit this application with a sincere desire to remove this 
unfavorable mark on my life. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

F P W ~ - M Z @  

1 3  OEC  2002 

MEMORANDUM FOR A M N  

FROM:  334 TRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions and unsatisfactory duty performance.  The authority for this action is AF'PD 36-32 and 
AFI 36-3208, Chapter 5, Section H, paragraph 5.49 and Section E, paragraph 5.26.  If my 
recommendation is approved, yow discharge will be described as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons far this action are: 

a.  In a letter dated 5 Dec 02, TSgt 
Superitendent, indicated you failed to meet the mmmum standards of the correctional custody 
program, for which he and his staff recommended your discharge from the Air Force,  (Atch 1, 
Appendix A w/atchs) 

Correctional Custody Interim 

b. On or about 12 Oct 02 and 18 October, without authority fail to go at the time prescribed to 
your appointed place of duty, Academic Enhancement Program formation, for which you were 
punished under Article 15, UCMJ, on 5 Nov 02. (Atch 1,  Appendix B w/atchs) 

c,  On or about 18 Oct 02, you were late, for the second time, to the Academic Enhancement 
program formation, as noted on AETC Form 341, dated 18 Oct 02.  (Atch 1, Appendix C) 

d,  On or about 12 Oct 02, you were 1 hour late late for the Academic Enhancement program 
formation, as noted on AETC Form 341, dated 12 Oct 02.  (Atch 1, Appendix D) 

e.  On 11 Sep 02, 16 Sop 02, and 30 Sep 02, you violated Article 92, UCMJ, by not doing your 
homework, for which you received a Letter of Reprimand, dated 4 Oct 02. (Atch 1, Appendix E) 

f  On 30 Sep 02, you were counseled for unsatisfactory performance by failing to apply 
yourself in and out of the classroom, as noted on AETC Form 173, dated 30 Sep 02. 
(Atch 1, Appendix F) 

g.  On 16 Sep 02, you were counseled for unsatisfactory perfomance by failing to apply 

yourself when you are not in class, as noted on AETC Form 1 73, dated 16 Sep 02. 
(Atch 1, Appendix G) 

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h.  On 11 Sep 02, you were counseled for not completing your homework assignments, for the 
second time, as noted on AETC Form 173, dated 1 1 Sep 02.  (Atch 1, Appendix H) 

i.  On or about 1 Aug 02, you violated Article 92, UCMJ, by disobeying a direct order by not 

completing your homework assignment, for which you received a Letter of Reprimand, dated 
6 Aug 02.  (Atch 1, Appendix I w/atchs) 

j.  On or about 1 Aug 02, you were late for a mandatory formation, for which you received a 

Letter of Counseling, dated 5 Aug 02. (Atch 1, Appdix J w/atch) 

k.  On or about 25 Jul02, you failed your dormitory room inspinspectian, 

as noted on AETC Form 

341, dated 25 Jul02.  (Atch 1, Appendix K) 

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 higher will 
decide whether you will be discharged or retained in the Air Farce, and, if you a 3  discharged, 
how your service will be characterized, Lf you are discharged, you will be ineligible for 
reenlistment in the Air Force.  Any special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4,  You have the right to consult legal counsel. 

obtained to assist 

expense. 

5.  You have the right to submit statements on your own behalf.  Any s  ternents you want the 
separation authority to consider must reach me by 1630 hours on 
unless you 
request and receive an extension for good cause shown.  I will send them to the separation authority, 

6.  If you fAl 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 schedul d for a medical examination.  You must report to 81''  Medical Group, 
Physical Exams on  nfz 

,2002 at  d 7 td  hours for the examination. 

-W  0" 

b 

8.  Any personal information you furnish in rebuttal is c  vered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use in Bldg  7 408  , CQ; 

9.  Execute the attached acknowledgment and retum it to me immediately. 

, Lt Col, USAF 

Attachments: 
1.  Supporting Documents 

a.  Recommendation for Discharge Letter, dated 5 Dec 02 wlatchs 
b.  AF Form 3070, dated 5 Nov 02 w/atchs 
c.  AETC Form 34 1, dated 18 Oct 02 
d.  AETC Fonw341, dated 12 Oct 02 
e.  Letter of Reprimand, dated 4 Oct 02 
f.  AETC Fonn 173, dated 30 Sep 02 
g.  AETCForm 173, dated 16 Sep 02 
h.  AETC Form 173, dated 11 Sep 02 
i.  Letter of Reprimand, dated 6 Aug 02, wlatchs 
j.  Letter of Counseling, dated 5 Aug 02 wlatch 
k.  AETC Form 341, dated 25 Jul02 

2.  Airman's Receipt of Notification Memorandum 
3.  Airman's Statement 
4. Medical Examination 

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