AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INI'l'lAI.) 

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GRADE 

AIC 

AFSNISSAN 

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MEMBER SITTING 

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ISSIILS 

A94.05 

INDEX NllMBhH 

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A67.10 
A67.00 

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1 

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ADDRFXS AND O K  ORGANILATION  O F  COUNSEL  -1 

VOTE OF THE BOARD 

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X 

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EXHlBll S SUBMITTED TO 'HIE BOARD 

1  I  ORDER APPOIN'TMG  I  I IE BOARD 
2  (  APF'I.,IC:A.SION  FOR  REVIEW 01: DISCIIARGE 
3  1  LETTER O F  NO.I'II~IC4'1'10N 
4 
BKIEF O F  I'ERSONNCL  FII  E 
COUNSEL'S R t L E A S t  T O  THE BDAKD 
AI31~1TIONAL EXHIBITS SIJBMI I T L D  A T  TIMb 01: 
PERSONAL APPEAKANCF 
1  TAPE KECORIIING  O b  PERSC)NAL. APPEARIZNCF. 

HEARIN(;  DATE 
14 Mar 2006 
APPLICAKl'  S ISSC'EAULI IHEBOARD'S L)ECISIO\,U  KKIlOh,\L  ARE  DI5CUSSPD un THE A I ' I h C I E D  4 l H  FORCE  DlSCHARCit REVlFU  HOARD DECfSIO\.ZL  RATION?\LE 

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Case heard at Was11 ington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witl~/without counsel, and the right to 
submit an application to the AFBCMR 

550 C'  STRFk 1  WE'j 1 ,  SUITk 40 
RANUOLPH AFB, TX 78150-4742 

SF(  I ~ E T A R Y  O F T I I L  AIR FOHCF P ~ R S O N N L L  c n u n c i l ,  
AIR hOUCF DISCFIARLE  R F V l h W  ROAHD 
1535 COnlMANn DR.  E F  WING.3RU  FLOOR 
ANDREWS APE, M D  20762.7002 

I  I  I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous cdition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLJMRER 

FD-2005-U0333 

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

l'he  applicant was offered a personal appearance before the Dischargc Review Board (LIRR) 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: 

Applicant contends discharge was inequitable bccause it was too harsh.  The records indicated the applicant 
received an Article  15 for unlawf~llly grabbing an airnlan's shoulders with his hands.  He also received two 
Letters of Reprimand; one for missing physical training formation and the other for being late for dctail on 
three separate occasions; one Letter of Adnlonishment for being late to class on thrce separate occasions and 
nine AETC Form 341's (late for ibrmation, failure to shave, did not have mandatory items, late for details 
(2), failure to shavelmeet standards (2), security violation, and late to class).  The DRB opined that through 
these administrative actions, the applicant had ample opportunities to change his negative bcl~avior. 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  Dischargc  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive require~nents of  the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full adrninistrativc due process. 

In view of the foregoing findings the Board further col~cludcs 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 REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Goodfellow AFB, TX on 8 A u g  
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 23 Aug 84. Enlmt Age: 19 4/12.  Disch Age: 20 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-43,  E-52,  G-66,  M-50. PAFSC: IN411 -  Signals Intellegence 
Anaylysis Helper. DAS: 30 Mar 04. 

b.  Prior Sv:  (1) A F R e s   21 Jan 04 -  02 Feb 04  (12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Feb 04 for 6 yrs. Svd: 01 Yrs 06 Mo 07 Das, all AMS. 
b.  Grade Status:  A1C -  26 Mar 04 

I 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Apr 05, Goodfellow AFB, TX -  Article 128.  You did, 
on or about 10 Nov 04, unlawfully grab AB : L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  
on the shoulders with your hands.  F o r f e i t u r e   of  $ 7 2 8 . 0 0  
pay, 1.5 days extra d u t y ,   and a reprimand. (No appeal) 
(No mitigation) 

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

e.  Additional: (Examiner's Note:  The following derogatory items are 

listed in the Recommendation of Discharge but are missing from the 
package: AETC 341s 12 Apr 04, 21 Sep 04, and AETC 173s, 25 Jun 0 4 ,   4 
Oct 04, and 15 Oct 04.  Details of these are not known. 

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LOR, 20 JUL 05 -  Missed PT formation and 35 minutes late to 

class for the second time in 30 days. 

AETC 341, 13 JUN 05 -  Did not have mandatory items. 
AETC 341, 15 APR  05 -  L a t e   for formation. 
LOR,  04 APR  05 -  Late to detail three times.  Assigned to 
Remedial Military Training on 09 Apr 0 5 .  

AETC  341, 04 APR 0 5   -  Late to details three times. 
AETC 341, I1 MAR 05 -  Did not shave or meet standards. 
AETC 3 4 1 ,   20 OCT 04 -  Failed room inspection.  Security 

AETC 341, 29 SEP 04 -  Security violation. 
LOA, 28 SEP 0 4   -  Late  t o   class for the third time. 
AETC 341, 15 SEP 0 4   -  Failed to report to school on time 

violations for the third time. 

and missed a test. 
AETC 341, 20 APR  04 -  Did not shave  for formation. 
AETC 341, 1 2   APR  04  -  Missed  formation. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt  of  Sv:  TMS:  (01) Y r s   (06) Mos  (19) Das 
TAMS:  (01) Yrs  (06) Mos  (07) Das 

4 .   BASTS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Aug  05. 

(Change Discharge to Honorable) 

Issue 1:  I was offered a Medical Discharge (by j 

j)  in ~ ~ g u s t  
2004 because of being diagnosed with ADHD. 
I declined because 1 wanted to stay 
in the Air Force.  I believe that I was forced out because of my diagnosis.  I 
was singled out  for behavior that others were able to slide on, for example 
being late, held out of classes for a month after diagnosis.  I wanted to 
complete my term and serve as I'd sworn to do, even after diagnosis by Air Force 
doctors. 

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

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ATCW 
1. AF Form 330. 
2. DD Form 214(Member 1 &  4). 
3 .  AF Form 100. 

0 

DEPARTMENT OF THE AIRFORCE 
AIR EDUCATION AND TRAINING COMMAND 

FD2005-00333 

MEMORANDUM FOR A1 C: 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

'JUL 2 2  2005 

1316 TRS 

FROM:  3 16 TRS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is MPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 28 Sep 04, you were late to class for the third time.  You stated that you had 

overslept.  For this misconduct, you received a Letter of Admonishment, 28 Sep04. 

b,  On or abo-utl-ONov-&I, you did, at or near Goodfellow AFB, Texas, wrongfully grab 

Airman Basic j - - - - - - - - - - - - - - - - - -  bn the shoulders with your hand,  For this misconduct, you 
received an AF Form 3070 (Article 1 5), 2 1 Apr 05. 

c.  On or about 3 1 Mar 05, 1 Apr 05, and 4 Apr 05, you were late to your detail at the chapel, 
a violation of Article 92, Failure to Obey Order or Regulation, and Article 86, Absence Without 
Leave, UCMJ, For this misconduct, you received a Letter of Reprimand, 4 Apr 05. 

d.  On or about 5 Apr 05, you were assigned Remedial Military Training on 9 Apr 05, for 

failing to go to assigned details on three separate occasions.  This is documented on a 
Memorandum for AB : ,---- 

- -  - - $  '  5 Apr 05. 

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e.  On or about 13 Jul05, you missed your physical training formation and you were 35 

minutes late to your class in Building 525, Goodfellow AFB, TX, for the second time in 30 days. 
For this misconduct, you received a Letter of Reprimand, 20 Jul05. 

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 a 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 reenlistinent in the Air Force and any special pay, bonus, or education assistance funds may 
be subjcct to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with the Goodfellow AFB, Area Defense Counsel 

1 

on  35 TJ  0 s  
your own expense. 

at  ow hoursin Bldg 308.  You may consult civilian counsel at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by a7T~lv65 at  P30 h t ~  unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6. 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. 

7.  You must report to the Physical Exams Section of the clinic during walk-in hours, Monday 
through Thursday from 0730- 1530 hours, for your medical examination. 

8,  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 Unit Orderly Room. 

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Squadron Section Commander 

Attachments: 
1.  Letter of Admonishment, 28 Sep 04 
2,  AB Form 3070 (Article 15),  21 Apr 05 
3.  Letter of Reprimand, 4 Apr 05 
4.  Memorandum for AB Stanton, 5 Apr 05 
5.  Letter of Reprimand, 20 Jul05