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AF | DRB | CY2006 | FD2005-00346
Original file (FD2005-00346.pdf) Auto-classification: Denied
AIR FORCE DlSCHARGE REVlEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 
1  ~~~~~~~~~~~~~~~~~~~~~~~~~~ 

- -  

JYPi  ( i i ~  

L - - - - - - - - - - - - - - - - - - - - - - - - .  

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 

I 

MEMBER SITTING 

- - 

1  GRADE 

A1C 

: 
RECORD REVIEW 

X 
ADDRESS AND OR ORGANlZATlON OF COUNSEL 

AFSNISSAN 
- - - - - - - - - - - - - - - - - -  
- - - - - - - - - - - - - - - - - -  

I 

VOTE OF THE BOARD 

I 

I 

14 Mar 2006 
APPLICANT'S  ISSUE AND THEBOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON THE ATTACHED 41R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

1  FD-2005-00346 

Case heard at Washington, D.C. 

dvise applicant of the decision of the Board, the right to a personal appearance withlwithout  counsel, and the right to 

an application to the AFBCMR 

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

*Reason and Authority 
+Reenlistment  Code 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE RE\'IEW  BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE N1IkIBER 

FD-2005-00346 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment  code are denied. 

The  Board  finds the  applicant submitted no  issues contesting the  equity  or propriety  of the  discharge, and 
after a thorough review  of the  record,  the  Board was  unable  to identify  any that  would justify  a change of 
discharge. 

ISSUE: 

The records indicated the applicant received two Career Development Course (CDC) failures, two Letters of 
Reprimand, three Records of Individual Counseling and three Memorandums for Record for misconduct. 
The applicant failed his CDC's on two separate occasions with a required minimum score of 65 and 
applicant scored a 52 and 61.  The primary basis for his discharge was minor disciplinary infractions.  The 
applicant received two Letters of Reprimand for being derelict in performance of duties and failure to go to 
appointed place of duty.  He also received Records of Individual Counseling for being derelict in the 
performance of his duties on two separate occasions and disobeying a direct order of his superiors.  He 
further received three Memorandums for Record for failure to maintain facial hair in accordance with AFI 
36-2903 and derelict in the performance of duties.  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  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 AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

- - - - - - - 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr McChord AFB, WA on 29 Apr 98 
UP AFI 36-3208, para 5.26.3 &  5.49  (Unsatisfactory Performance &  Minor 
Disciplinary Infractions).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Apr 78.  Enlmt Age: 17 11/12. Disch Age: 20 0/12. ~ d u c :  HS DIPL. 

AFQT: N/A.  A-35,  E-54,  G-48,  M-54. PAFSC: 4Y031 -  Dental Assistant 
Apprentice. DAS: 22 Jan 97. 

b.  Prior Sv: (1) AFRes 14 Mar 96 -  20 Aug 96  (5 months 7 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 Aug 96 for 4 yrs. Svd: 01 Yrs 08 Mo 09 Das, all AMS. 

b.  Grade Status:  A1C -  21 Dec 97 
Amn -  21 Feb 97 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: CDC, 24 FEB 98 -  End of course exam failure. 

VBC, 13 FEB 98 -  Speeding ticket. 
CDC, 09 DEC 97 -  End of course exam failure. 
LOR/UIF, 17 OCT 97 -  Dereliction of duty. 
RIC, 17 SEP 97 -  Dereliction of duty. 
RIC, 07 AUG 97 -  Dereliction of duty. 
MFR, 07 AUG 97 -  Failure to maintain sideburns IAW AFI 36- 

MFR, 03 JUL 97 -  Dereliction of duty. 
MFR, 04 J U N   97 -  Dereliction of duty. 
RIC, 25 MAR 97 -  Disobeying a direct order and dereliction 

LOR/UIF, 28 OCT 96 -  Late for formation, failure to 

2903. 

of duty. 

maintain room in inspection order on 
two consecutive days, and dereliction 
of duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  (02) Yrs (01) Mos  (16) Das 
TAMS:  (01) Yrs  (08) Mos  (09) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Aug 05. 

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

Authority for Discharge) 

Issue 1:  I am asking for a upgrade from General/Under Honorable Conditions 
to Honorable Discharge with also a change of my reentry code to a code where I 
can reenter the military.  I was discharged because of my CDC test scores, yet 
it states on my DD-214 misconduct for reason member be in seperated  (sic).  I 
would like to enter the Army Reserves and serve my country.  I was not the best 
Airman, however I was not a bad Airman.  I would like to make my service right 
and ask for this chance.  Please change my reentry code at very least to one I 
can submit a waiver for entry to the Army.  Thank you for taking the time out to 
hear my plea. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

62D AIRLIFT WING (AMC) 

MCCHORD AIR FORCE BASE, WASHINGTON 98438 

FROM:  62 MDOS/CC 

SUBJECT:  Notification Memorandum 

1, I am recommending your discharge itom the United States Air Force for unsatisfactory duty 
performance - failure to progress in on-the-job (OJT) training and minor disciplinary infractions 
(primary basis).  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, paragraphs 5,26.3 and 5.49 
(primary basis).  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending that your service be characterized as general.  I have 
informed 62 MDGICC of this recommendation for discharge. 

2.  My reasons for this action are as follows: 

a.  Paragraph 5.26.3 - unsatisfactory duty performance - failure to progress in on-the-job 

(OJT) training: 

(1)  On or about 24 February 1998, you scored a 61 on your 2"d Career Development 
Course (CE) exam thereby failing to meet the minimum passing score of 65, For this failure, 
Extension Cowse Institute (ECI) Air University disenrolled you fiom the Career Development 
Cowse, and I initiated this involuntary discharge action.  (atch  1) 

(2)  On or about 9 December 1997, you scored a 52 on your 1  Career Development 
Course (CE) exam thereby failing to meet the minimum passing score of 65.  For this failure, 
your supervisor, unit training monitor, and I personally counseled you.  In addition, we 
scheduled you to retake the test.  (atch 1) 

b.  Paragraph 5.49 - minor disciplinary inhctions (primary basis): 

(1)  On or about 13 February 1998, you exceeded the posted 30 mph speed limit by  12 
mph.  For this offense, you received an Armed Forces Traffic Ticket dated 13 February 1998, 
and your supervisor verbally counseled you.  (atch 2) 

(2)  On or about 15 October 1997, you were derelict in the performance of your duties in 
that you failed to prepare yourself for duty at the required time.  Specifically, you were eating in 
the conference room, you were not dressed in your personal protective gear, and you had to be 
paged to assist your doctor in the exam room.  For these offenses, you received a Letter of 

I 

Reprimand dated 17 October 1997, and we made an entry into your Unfavorable Information 
File (UIF).  (atchs 3, 12) 

(3)  On two consecutive days, 16 September 1997 and 17 September 1997, you were 

derelict in the performance of your duties in that you failed to timely and properly set up for your 
appointment. For these offenses, you received a Record of Counseling dated 17 September 
1997.  (atch 4) 

(4)  On or about 7 August 1997, you were derelict in the performance of your duties in 

that you failed to review and sign the "Read Board" prior to the end of the duty day and you 
failed to properly identi@ the start date of your leave on your leave slip.  For these offenses, you 
received a Record of Individual Counseling dated 7 August 1997.  (atch 5) 

(5)  On three consecutive days, 5,6, and 7 August 1997, you failed to maintain the length 

of your sideburns IA W the provisions of AFI 36-2903,  For these offenses, your supervisor 
verbally counseled you, as documented in a Memo for Record dated 7 August 1997.  (atch 6) 

(6) On or about 2 July 1997, you were derelict in the performance of your duties in that 

you initially refused to see your scheduled 0730 sick call patient and you later attempted to 
unnecessarily delay treating the same patient.  For these offenses, your NCOIC verbally 
counseled you, as documented in a Memorandum for Record dated 3 July 1997.  (atch 7) 

(7)  On or about 4 June 1997, you were derelict in the performance of your duties in that 
you failed to prepare yourself for duty at the required time.  Specifically, you did not have your 
scrubs on and you did not have your room set up.  For this offense, your supervisor verbally 
counseled you, as documented in a Memo for Record dated 4 June 1997.  (atch 8) 

(8)  On or about 25 March 1997, you disobeyed the direct order of your superiors not to 

wear the black knit ski cap while on duty.  In addition, on or about 25 March 1997, you were 
derelict in the performance of your duties in that you provided the orderly room with false 
information regarding your phone number and address.  For these offenses, you received an 
undated Record of Individual Counseling.  (atch 9) 

(9)  On or about 28 October 1996, you failed to go to your appointed place of duty, 

Specifically, you were late for morning formation.  In addition, on two consecutive days, 
26 October 1996 and 27 October 1996, you failed to comply with posted room inspection 
procedures by not keeping your room in proper order.  Finally, on or about 27 October 1996, you 
were derelict in the performance of your duties as the "Change of Quarters runner."  For these 
offenses, you received a Letter of Reprimand dated 28 October 1996, and yow training unit 
created a UIF.  (atchs 10,ll) 

3.  I have attached copies of the documents to be forwarded to the separation authority in support 
of this recommendation.  The commander exercising SPCM jurisdiction or a higher authority 
will decide whether you are 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 
reenlistment in the Air Force. 

4.  You have the right to consult legal counsel. ,Mjj&yylegal counsel has been obtained to assist 
' ;¶  984-2240, in building 100, room 3076 
you.  You have an appointment to consult Capt j 
on 16 April 1998 at 1000 hours.  You may conkif ciiiilIiin counsel at your own expense. 

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  1 ~ A P P , ~  P8  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 have been scheduled for a medical examination to include an HlV test.  You must report 
to Physical Exams in building 173 on 15 April 1998 at 0715 hours with your medical records. 
Fast (drink water only) for 12 hours prior, no alcohol 72 hours prior, no tobacco products 6 hours 
prior to examination, and you must be in uniform for the examination. 

8.  You have been scheduled for a mandatory Transition Pre-separation Counseling appointment 
at the Family Support Center, bldg 552, on 15 April 1998 at 1300 hours. 

9.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974, A 
copy of AFI 36-3208 is available for your use at your Commander's Support Staff. 

10.  The discharge authority will make the finding and recommendations required under 10 
U.S.C 2005(g). 

L _ r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - -  

Commander 

Attachments: 
1. Report of Course Exams dated 24 February 1998 and 9 December 1997 wlatchs 
2.  Memorandum dated 19 February 1998 re:  Armed Forces Tr&c  Ticket 
3.  Letter of Reprimand dated 17 October 1997 
4.  Record of Individual Counseling dated 17 September 1997 wlatchs 
5.  Record of Individual Counseling dated 7 August 1997 
6.  Memo for Record dated 7 August 1997 
7.  Memorandum for Record dated 3 July 1997 
8.  Memo for Record dated 4 June I 997 
9.  Record of Individual Counseling undated 
10.  Letter of Reprimand dated 28 October 1996 wfatchs 
1 1.  Unfavorable Information File 
12. Airman's Receipt of Notification Memorandum 
cc:  62 MDGfCC 



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