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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 
I  SRA 

YFS 

ADURESS AND OR OR(;ANIWTION  OF COlINSEL 

MEMBER SITTING 

. 

, - 

.. 
HON 

I 

VOTE OF THE BOARD 

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- .  
I  UOTHC 

I  OTHER 

GEN 

- 
I 

I  DENY 

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ISSUES  A95.00 
AO1.OO 

INDEX NUMRER 

A67.50 
A67.90 

HEARING DATE 

CASE NUMRER 

ORDER APPOINTING 'THE BOARD 
AI'PLICATTON  FOR  REVIEW OF DISCHARGE 

I 
2 -- 
3  1  LETTER  OF NO-JIFICATION 
4  1  BRIEF 01: PERSONNEL FILE 

COWNSEL.'S RELEASE TO THE BOARD 

SUBMITTED AT TlME OF 
PERSONAL APPEARANCE 
I  TAPE RECORKNNCi OF PERSONAL APPEARANCE 

I 

13 Feb 2006 
APPLICANT'S lSSUE,WDTlLE  BOARD'S DECXIONAL RATIONAL ARE AREISCUSSEDON THE ATTACIIPDAIR  iCH(CP. DISCHARGE REVIEW BOARDDECISIOYAL RATI0NAI.E 

FD-2005-00325 

I 

I 

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 AFBCMR. 

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

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1504742 

SECRETARY OF THE AIR FORCE PERSONNEI,  COL'NCII. 
AIR  FORCE DlSCllARGE  REVIEW BOARD 
1535 COMMAND DR  EE WING, 3RD F1.00H 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will he used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KATIONAIAE 

CASE NUMBER 

FD-2(,(,5-0(,325 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a pcrwnal 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. 

ISSIJE: The  Board  finds that  the  applicant  submitted  no  issues  contesting the  equity  or propriety  of the 
discharge,  and  after  a  thorough  review  of  the  record,  the  board  was  able  to  identify  none.  The  records 
indicated the applicant received  an Article 15, seven Letters of Reprimand, one Letter of Counseling, and an 
Air  Force  Fonn  28612,  Permanent  Decertification  from  the  Air  Force  Personnel  Reliability  Program,  for 
misconduct. The n~isconduct included leaving his post without authority, failure to obey a lawful order, civil 
arrest for speeding, driving under the influence of alcohol, dereliction of duty, late for duty, and failure to go. 
The DRB opined  that through  these administrative actions, the applicant had  ample opportunities to change 
his  negative  behavior.  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. 

CONCLUSIONS:  The  Discharge  Review  Board  co~lcludes 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 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 OF THE AIR FORCE 

AIR FORCE DISCHARGE =VIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr F.E, Warren AFB, WY  on 28 Jan 
05 UP AFI 36-3208, para 5.50.1 &  5.50.2 (Pattern of Misconduct -  Descreditable 
Involvement with Military or Civil Authorities and Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 26 Feb 75. Enlmt Age: 26 11/12. Disch Age:  29 11/12. Educ: HS DIPL 
AFQT: N/A.  A-44,  E-56,  G-53,  M-55. PAFSC: 3P051 -  Security Forces Journeyman 
DAS:  8 Sep 04. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 29 Jan 02 for 4 yrs. Svd:  03 Y r s   00 Mo 00 Das, all AMS. 

b.  Grade Status:  S r A   -  1.6  Jul 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 D e c   04, F.E. Warren AFB, WY -  Article 113.  You, on 

or about 8 D e c   04, being posted as a sentinel at Gate 
2/Search Pit, did leave your post before you were 
regularly relieved.  Reprimand.  (No appeal) (No 
mitigation) 

e.  Additional: LOR/UIF, 28 SEP 04 -  Failure to obey a lawful order. 

MFR, 14 SEP 04 -  Extended by 2 years suspension of on base 

MFR, 11  MAY 04 -  One year suspension of base driving 

driving privileges. 

privileges. 

LOR/UIF, 10 MAY 04 -  Civil arrest for speeding and Driving 

Under the Influence of Alcohol. 

CR, 10 MAY  04 - For off base DUI. 
AF Fm 286A, 10 MAY 04 -  Permanent Decertification from PRP. 
CR, 10 NOV 03 - Dereliction of Duty. 
LOR/UIF, 30 OCT 03 -  Cited for speeding. 
LOR/UIF, 01 AUG  03 -  Late for duty. 
LOC/UIF, 28 J U L   03 -  Cited for speeding. 
LOR/UIF, 28 JUL 03 -  Failure to go. 
LORUIF, 30 JUN 03 -  Late for duty. 
 LO^,  27 MAY 03 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 29 Jan  02  -  1 5   Jul 03  F . E .   Warren  AFB  2  (HAF  Dir)REF 

( A n n u a l )  

1 6   J u l   03  -  1 5   J u l   0 4   F.E. Warren  AFB 

3 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of  S v :   TMS:  (03) Y ~ s  ( 0 0 )   MOS  ( 0 0 )   D a s  
( 0 3 )   Yrs  ( 0 0 )   MOS  ( 0 0 )   Das 

TAMS: 

4 .   BASIS ADVANCED FOR  RFVIEW:  A p p l n   (DD Fm  2 9 3 )   d t d   1 0   A u g   05 

(Change  Discharge  t o   Honorable) 

NO ISSUES  SUBMITTED. 

ATCH 
None. 

@ 

DEPARTMENT OF 'THE AIR FORCE 

90TH SPACE WING (AFSPC) 

- b i , 3 2 5  

MEMORANDUM FOR  SW 

FROM:  790 MSFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 
Misconduct:  A Pattern of Misconduct, Discreditable Involvement With Military or 
Civil Authorities and Conduct Prejudicial to Good Order and Discipline.  'rhe 
authority for this action is AFPD 36-32 and AFI 36-3208, parslgraphs 5.50.1 and 
5.50.2. If my recommendation is approved, your service will be characterized as an 
Under Honorable Conditions (General) Discharge.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2. My reasons for this action are: 

a.  You did, at or near Francis E. Warren Air  Force Base, Wyoming, on or about 

26 May 03, fail to go to your appointed place of duty at the scheduled time, to wit: 
guardmount.  For this misconduct you received a Letter of Reprimand (LOR), dated 
27 May 03; and, 

b.  You did, at or near Francis E. Warren Air Force Base, Wvominn, on or about 
, Your 

26 May 03, fail to obey a direct order given to you by MSgt 
Flight Sergeant, to wit:  report for duty.  For this misconduct you received an LOR, 
dated 27 May 03; and, 

c.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

13 Jun 03, fail to go to your appointed place of duty at the scheduled time, to wit: 
guardmount.  For this misconduct you received an LOR, dated 30 Jun 03.  An 
Unfavorable Information File (UIF) was created and this information was placed in it 

d.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or 

about 17 Jun 03, issued a base traffic ticket for speeding.  For this misconduct you 
received an Letter of Counseling (LOC), dated 28 Jul 03.  'This  information was 
placed in your UIF. 

e.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

14 Jul03, fail to go to your appointed place of duty at the scheduled time, to wit: 
scheduled firing.  For this misconduct you received an LOR, dated 1 Aug 03.  This 
information was placed in your UIF. 

f.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

24 Jul 03, fail to go to your appointed place of duty at the scheduled time, to wit: 
ancillary training.  For this misconduct you received an LOR, dated 28 Jul 03.  This 
information was place in your UIF. 

g.  You were,  at or near Francis E. Warren Air Force Base, Wyoming, an or 
about 22 Oct 03, issued a base traffic ticket for speeding.  This was your third 
offense for speeding on base in 2003.  For this misconduct you received an LOR, 
dated 30 Oct 03.  'This  information was placed in your UIF. 

h.  You were, at the Circuit Court of Laramie County, Cheyenne, Wyoming, on or 

about 6 Jul 04, convicted for Driving Under the Influence (DUI), for having a BAC 
of .171, on or about 8 May 04.  Reference Abstract of Court Record, dated 6 Jul 04. 
For this misconduct you also received an LOR, dated 10 May 04.  This information 
was placed In your UIF; and, 

i.  You were, at or near the state of Wyoming, on or about 8 May 04, ticketed by 

the Wyorrling Highway patrol, for speeding.  For this rr~isconduct you received an 
LOR, dated 10 May 04.  This information was placed in your UIF. 

j.  You did, at or near Francis E. Warren Air  Force Base, Wvomina, on or about 7 

Sep 04, fail to obey a lawful order given to you by Colonel 
Commander, 90 MSG, to wit:  attempt to drive onto base while your driving 
privileges were revoked.  For this misconduct you received an LOR, dated 
28 Sep 04.  This information was placed in your UIF. 

k. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 
8 Dec 04, being posted as a sentinel at Gate YSearch Pit, did leave your post 
before you were regularly relieved.  For this rr~isconduct you received an Article 15, 
dated 29 Dec 04.  This information was placed in your UIF, 

3.  You have the right to consult counsel.  Military legal counsel has been obtained 
to assist you.  I have made an appointment for yau to consult 
, at 
Bldg  292 
civilian counsel at your own expense. 

at 
I hours.  You may consult 

, on  12  Jan 05 

1000 

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

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to 
P r i m a r y   Care on  12  Jan 05 

hours for the examlnation. 

1100 

at 

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 at Command Support Staff 
office. 

8.  Execute the attached acknowledgment and return it to me immediately. 

~bmrnander, 790th Missile Security Forces Squadron 

Maj, USAF 

Attachments: 
1.  LOR, dated 27 May 03 
2.  LOR, dated 30 Jun 03 
3.  LOC, dated 28 Jul03 
4.  LOR, dated 1 Aug 03 
5.  LOR, dated 28 Jul 03 
6.  LOR, dated 30 Qct 03 
7.  Abstract of Court Record, dated 6 Jul 04 
8.  LOR, dated 10 May 04 
9.  LOR, dated 28 Sep 04 
10.  Article 15, dated 29 Dec 04 
I I .  Other derogatory data not listed in the Notification Memorandum:  UIF 
Summary and PRP Decertification.