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AF | DRB | CY2006 | FD2005-00311
Original file (FD2005-00311.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRS'I'  MIDDLE INITIAL) 

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

L - - - - - - - - - - - - - - - - - - - - - - - '  

1'YPE  GEN 

c a u ~ s ~ i ' "  

YhS 

Nu 

X 

I 

I 

PERSONAL APPEARANCE 

I 

AND OR 

1  AFSNISSAN 

I  GRADE 
I  SRA 
I 
( x   I  RECORD REVIEW 

I 

ADDRESS AND OR ORGANlzATloN OF CoUNqEI. 

MEMBER SlTTlNG 

-- 

I I O N " ' ~ ~  GFN 

OTHER 

DENY 

VOTE OF THE BOARD 

I  UOTHC 

1 

INDEX NUMBER 

A67.10 

1 
2 
3 

ORDER AI'POIN'I'ING  'I'HE  BOARD 
APPI.ICA'I'IC)N FOR  REVIEW OF IIISCIIARGE 
LE'Il'EK OF NO'I'IFICA'I'ION 
H R l M  OF PERSONNEL Ij1l.E 

HEARING DATE 

CASE NUMBER 

05 Jun 2006 
APPLICAKT S ISSUE AND THE BOARD'S DECISIONAL RATI@AL  ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW HOARD DECISIONAI.  RAI 1ONAl.t. 

FD-2005-003 1 1 

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I 

I 

Case heard in Washington,  D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithoi~t counsel, and the right to sub~nit an 
application to the AFBCMR 

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

TO. 

SAFIMRBR 
550 C STREET WEST, SIJITk 40 
IMNDOLPII AFR, TX 78150-4742 

FROM: 

S&CHlr.TARY OK T H K  AIR  PORCE PERSONNKI, C'OIINCII, 
AIR KORCK DISCHARGE REVIEW BOARD 
1135COMMAND I)H. EE WINti.3RD P1,OOH 
ANDREWS AFB,  MD 1Ul62-IWZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00311 

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 impropriety that would justify  a change of discharge. 

ISSUE:  The Board  finds that  the  applicant  submitted  no  issues contesting  the  equity  or propriety  of the 
discharge and after thorough review of the record, the board was not able to identify any issues.  The records 
indicated that the applicant received  an Article  15, four Letters of Reprimand, one Letter of Counseling and 
three  Records  of  Individual  Counseling  for  misconduct.  The  misconduct  included  Article  128, Assault; 
failure  to  go,  dereliction  of  duty  and  late  for  duty.  The  Board  opined  that  through  these  administrative 
actions the applicant had ample opportunities to change his behavior.  The Board concluded the misconduct 
was  a  significant departure from conduct expected  from all military  members.  'I'he  characterization of the 
discharge received by the applicant was found to be appropriate. 

The applicant cited his desire to receive thc G.I. Bill benefits as justification  for upgrade.  The DRB noted 
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on August 8,2004) 
that he understood he must receive an 1 Ionorable discharge to receive future educational entitlements.  The 
Board was sympathetic to the impact the loss of these bencfits was having on the applicant, but this is not a 
matter of inequity or impropriety which would warrant an upgrade. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SFA)  (HGH SR74) 

MISSING DOCUMENTS 

1.  U T T E R   UNDER  REVIEW:  Appl recld a  GEN Disch fr Eglin AFB, FL on 5 Nov 04 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 25 Apr 81.  Enlmt Age: 20 1/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-72,  G-81,  M-71. PAFSC: 2A332 -  Avionics Systems 
Apprentice. DAS: 24 Sep 02. 

b.  Prior Sv: (1) AFRes 25 May 01 -  14 Sep 01  (3 months 20 days) (Inactive) 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 15 Sep 01 for 6 yrs. Svd: 03 Yrs 01 Mo 21 Das, all AMS. 

b.  Grade Status:  A1C -  13 Oct 04 (Article 15, 13 Oct 05) 

SrA -  01 Jun 04 
A1C  -  26 Oct 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Oct  04, EglinAFB, FL -  Article 128.  You, did, on 

or about 18 Sep 04, unlawfully pull on the arm and shove 
into a passenger side vehicle door Mrs. 1 ---------_--------- $ 
your wife, with your hands.  Reduction of Airman  (below 
A1C suspended.  Reprimand.  (No appeal)  (No mitigation) 

.................... 

e.  Additional: (Examiner's Note: The following additional disciplinary 

infractions are listed on the Notification Memorandum, but 
are missing from file) . 

LOR, 
LOR, 
LOR, 
LOR, 
LOCI 
RIC, 
RLC, 
RIC, 

02 JUL 04 - 
24 FEB 04 - 
30 OCT 03 - 
23 JUL 03 - 
02 APR  03 - 
06 JAN 03 - 
30 MAY 02 - 
13 MAY 02 - 

Failure to go. 
Failure to go. 
Failure to go. 
Dereliction of duty. 
Dereliction of duty. 
Late for duty. 
Dereliction of duty. 
Dereliction of duty as class leader 

f.  CM:  None. 

g.  Record of SV: (Examiner's Note:  The following EPRs are on MilPers, 

g.  Record of SV:  (Examiner's Note:  The following EPRs are on MilPers, 

but documents are missing). 

15 Sep 01 -  14 May 03  Eglin AFB  3  (Initial) 
15 May 03 -  14 May 03  Eglin AFB  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (11) Das 
TAMS: (03) Yrs  (01) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Jul 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Three Character References. 

C 

D PARTMENT OF THE AIR FORCE 
46 AIRCRAFT UIPINTENANCE SQUADRON (AFMC] - 

- . .-. . 

EGUN AFB  FLORIDA 

' ,  

i )  

FD2005-00311 

hlEMORANDUM FOR SRA i 

................................... 
-.-.-.-....-.-.-...---------------- 

: 46 A M X S  (AFMC) 
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FROM;  46 AMXSICC 

SUBJECF  Notification Mamomdurn 

1.  1 am recommendiug your dimbarge h r n  the Uniwd Statea Air Force for misconduc~ 
specifically minor disciprifiarY inktioas. The authority for this action is AFPD 36-32 and 
AFI 36-3208, pbragaph 5.49. lfmy re~ommmdatiw is sppmvcd, your sayice will be 
charactmized as h m a h 1 ~  or g a d .  I am recammanding that your service be ehmctdzsd 8s a 
general discharga. 

2. My masoas for tbi~ actidrr arc: 

a.  . You did, at or naar Eglin Air Force Base, F l h &  on or about 18 Septambar 2004, 

,..-.- """ -.-, 
unlawfbvy pull oa the arm and shove into a passenger side vabicle &or Mrs.: --------------- 
your wife, with your hands. For this offense you raceived noqjudicial punishnrmt, &tad 
13 Oetobw 2004 

b.  Oo 1 July 2004, you failed to go at the time prescribed to wit: Building 103, EgIin AFB, 

Florida, at ddPigmt#X show time of 2200.  For this offense you wceivod a lem of 
reprimand, datd 2 July 2004. 

c.  On 24 February 2004, you failed to go at tha time p r i b e d  to wit: Building 103, Edin 
AFB Florida, at the dhgnatcd show time of 0630.  You reportad to wo*  after 0700.  For 
this offsnss you fGCdMd a Jcrtcr of reprimand, dated 24 February 2004. 

d.  h 28 October 2003, you failed to raport to your hppointcd place of duty.  For this offbe 

you ,received a letter of rqxbmd, dated 30 October 2003. 

e.  On 22 July 2003, you signed out various avionics CTK EGBS-03 for use in your 

maiakmnce activities. The TAS cornpub shows that you signed out this equipment, 
howtva, you fiiIed to sign the 46 TW form 309 that i s  in tbt CTK bin&  as required in 
,W 2 1-128, par8 4.3.  Fot this dffmst you rmaived a ttttm of rtprimand, darcd 23 M y  
2003. 

, 

f.  On 1 April 2003, you worked on the flight lina using toolbox EGBS03.  The toolbox was 
tumod in at h e  cad of the shift with no incident reported  In the morning day shift noticed 
that you failad to pmptrly fill out AF 309, and you did nor report any tools miPoing and in 
fact rho 3" univm,al adaptor was mirsiq.  For this offense you received a letter of  - 
c m d i q ,  dated 2 April 2003. 

. . 

. 

g.  On 6 famay 2 0 m m  were to report to wad, at 0600. You dr a t lnive until 0635. 

Your job was to errivo at 0600 and dn shop kvtnt~ry prior ro d a y W  arriving.  For this 
offaas you rc~aivad a record of individual counsaling, datcd 6 Jaw 2003. 

-- 

h.  On thc night of 29 May 2002, you w m  observed skipping information in rhe T.O. while 
paforming an IFF operational ohockaut. On numemu occrrsians you were told sr> road 
evcly sfrp,  note, caUdoza md wan&$.  For W o f f b e  YOU  meived a record of individual 
courrseling, dated 30 May 2002. 

i.  As class laadas, you arc charged with the additional responsibilities and duties u, assist your 
supsrvision. You hava failed in maii~tdnbg a positive attitude and 

instructo~ with stu-t 
mhmcing the clsssrwm cnvkpmcnt  You have also failed in helping anforce propar 
diocipbo, corrdwt and behavior of your class md yourself.  You are M
relieved of 
your dutk ar c h  leader:  P r  this o f f a c  you received a racord of individual counseling, 
dated 13 May 2002. 

y

 

3.  Copia of the documents ra be forwarded to tho separ~tion authority in support of this 
r m o e t b n  sre attaEhad,  The oommmdtr txerciahg SPCM juhdiction or hi&=  authority 
will decide whether you will be discharged or rcrainad in the United Statas Air F o ~ c  d, if you 
arc discharged, how your 6 d c t  will be charactsrizad, If you are discharged, you will be ineligible 
far reanlistmmt ia the Air Force and any special pay, bonus, or education assistance firnds may be 
wbject TO recoupant. 

4.  You have the right to consult cwnsal. Milimy leal , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
I  I have h m appohtraant for you to conrmlt Captain: 
21,October 2003, at 1400 h o w .  You may consuir c i d & c b k d  ify~ur o m  expenso. 

cowcl haa beon ~btainad to assist you, 
:at 904 N. 2nd Street,  ora 

5.  YOU  have the rigbt to oubmit mtemants in your own bnhalf,  Any o t a k t g  you want the 
separation authoriw to c~ncdor must re41 me within 3 duty days unless you raquest and rccdve 
en extension for good caw0 shown,  I will said thm to the separation authority. 

6.  If you fail to consult camsel or to submit statmcnts in your own behalf, your failwe will 
constitute a e v e r  of your right to do so. 

7.  You have b a a  schtdutad for an appointmoat with the 96th Mission Support Squadron, 
sapamtiom section, on 25 Ortuber 2004 at 1300 hour#. 

8.  After yaur briefing, you act to report to tha 96th Traffic MaPagemcnt OMce with your 
complctcd AFDTC Form 4134 or LG7T Office Farm B133 along with m wrharized lettcr ftom 
separation6 to schedule your TMO pichp. 

9. You are required to mceive abriefin~ h n  the Family Support Canter prim m your 
separation.  You have b m  achoduled to receive your Transition &sistance  Managemmt Propram 
(TAMP) bM5ng on 26 October 2004 kt 0800 hourn 

10. You haw been rrchodultd for a medical examination.  You must report to 96 MDG Foree 
H d t h  Management, 307 Boatmr RcL  on 22 October 2004, at 0715 hours for the afuubation. 

I 

1 

. . 

' -  1 1.  h y  P-nal 
copy of AI;I 36-3208 io svailable fox your use at 46 AMXICSS. 

- 
i u f o m n a u  f b i a b  in rtbuttal is covied by bacy 

L 

FD2005-0031 I 

Act of 1974.  A 

12.  Becute the attached dmowledponf and return it to me immediattly. 

, - - - - - - - - - - - . . . . - . . - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~  

- - - - - - - - - A  r I r I r I r I r I r I r I r I   .# ---., 

Attachmmts: 
1.  Supporting Documont6 
2.  Rseipt of Notification Mcmnmdum 



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