AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRS'I' MIDDLE INITIAL)
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1'YPE GEN
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PERSONAL APPEARANCE
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AND OR
1 AFSNISSAN
I GRADE
I SRA
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( x I RECORD REVIEW
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ADDRESS AND OR ORGANlzATloN OF CoUNqEI.
MEMBER SlTTlNG
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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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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] -
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EGUN AFB FLORIDA
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FD2005-00311
hlEMORANDUM FOR SRA i
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: 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,
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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.
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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.
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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.
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' - 1 1. h y P-nal
copy of AI;I 36-3208 io svailable fox your use at 46 AMXICSS.
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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.
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Attachmmts:
1. Supporting Documont6
2. Rseipt of Notification Mcmnmdum
AF | DRB | CY2006 | FD2006-00020
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) 1. Based on the respondent's repeated acts of misconduct as listed in paragraph 3, an honorable discharge is not appropriate. RECOMMENDATION: For the reasons set forth above, I recommend the respondent be discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, paragraph 5.49, with a general discharge, without P&R.
AF | DRB | CY2005 | FD2005-00178
- - - A67.3rI I I I I I ' EXHIBITS SUBMITTED TO THE BOARD I ORDER APPOINTING THE BOARD I 2 ( APPLICATION FOR REVIEW OF DISCHARGE 3 1 LETTER OF NOTlFlCATION I 4 I BRlEF OF PERSONNEL FILE HEARING DATE CASE NUMBER COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE / TAPE RECORDING OF PERSONAL APPEARANCE I 08 Nov 2005 APPLICANT'S ISSUE AND THE BOARD'S DEClSlONALRATlONAL ARE DISCUSSED ON TIIE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL...
AF | DRB | CY2006 | FD2005-00145
ISSUE: Applicant acknowledged that his actions were wrong and that he had a problem with alcohol. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD . Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
AF | DRB | CY2006 | FD2006-00169
See attached cy of Examiner's Brief dtd 20 Jul 05. b. For your misconduct you received a Letter of Reprimand (LOR), dated 8 Mar 04 (Attachment 3). For your misconduct you received an LOC, dated 21 Apr 04 (Attachment 4).
AF | DRB | CY2006 | FD2005-00207
In addition, he also received two Letters of Reprimand, two Letters of Counseling, and an Unfavorable Information File for dereliction of duty, failed to attend M-16 training twice, and failed to bring personal training gear to work as ordered. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to receive future educational entitlements. For y o u misconduct you received a Letter...
AF | DRB | CY2007 | FD2006-00476
ISSUE: The applicant submitted no issues and realized his actions while in the military were unacceptable and requested that the review be completed based on the available service record. The applicant had additional misconduct and was administratively disciplined for refusal to participate in an alcohol abuse treatment program, impersonating an officer for the purpose of committing adultery, dereliction of duty, insubordination, being late for duty, failure to go, failure to use...
AF | DRB | CY2006 | FD2005-00146
In view of the foregoing findings the Board found 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. DEPARTMENT OF THE AIR FORCE 23D FIGHTER GROW (ACC) POPE AIR FORCE BASE, NORTH CAROLINA 28308 I o F E B ~ ~ , 2 3 AMXS MEMORANDUM FOR AIvQ FROM: 23 AMXSICC 286 Fortress Street Pope AFB, NC 28308 SUBJECT:...
AF | DRB | CY2007 | FD2006-00085
b. Grade Status: AB - 20 Jan 00 (Vacation of Article 15, 8 Feb 00) Amn - 20 Jan 00 (Article 15, 20 Jan 00) A ~ C - Unknown c. Time Lost: 24 Nov 99 thru 27 Nov 99 & 24 Dec 99 thru 26 Dec 99 (5 days) . I am recommending your discharge fhm the United States Air Force for conditions that interfere with military service (mental disorders) and misconduct (minor disciplinary infractions). Vacation Action, dated 8 Feb 00 1 g. Article 15, dated 20 Jan 00 2.
AF | DRB | CY2006 | FD2005-00428
ISSUE: Applicant received a General discharge for Misconduct - Civilian Convictioli Applicant coillends discharge was inequitable because il was based on onc isolated incident in ltis 57 ~ n o n t l i ~ ot wrvicc and there was no judicial action and one year uilrestricted probation, Thc rccords indicated the i~pplicanl rcccivcd two Letters of Reprimand and one Lxtter of Counseling for misconduct to iiicludc rccciving ;i tickct i i ~ r fiiling lo stop at a stop sign and then not notifying his...
AF | DRB | CY2005 | FD2005-00269
The records indicated the applicant received two Article 15s, one for wrongfully using marijuana and for wrongfully using Corciden, and the other for failing to go at the time prescribed to his appointed place of duty and for willfully disobeying a lawful command, a Letter of Reprimand for damaging government property, injuring his hand, fleeing the scene of the crime, and refusing to answer questions, and one Record of Individual Counseling for failing a monthly dorm room inspection. ...