AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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~..~..~..~..~..~..~.~.~ 
TYPE GEN 
COUNSEL 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

, 

YES 

No 
X 

I 

I 

MEMBER SITTING 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  
ISSUES  A93.01 

A67.10 

INDEX NUMBER 

GRADE 

A1C 

AFSNISSAN 
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RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

HON 

GEN 

I  UOTHC 

VOTE OF TNE BOARD 

OTHER 

I  DENY 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

19 May 2006 
APPLICANT'S lSSlIE AUD TIE BO-WD'S  DECISIONr\L RATIONAL ARE DISCIISSED ON THE  AT1 ACHED AIR FORCt DISCHARGE REVIEW BOARD DECISIONAL RATIOKALE 

FD-2005-00361 

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. 

*  Reason and Authority 
+  Reenlistment Code 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

AIR FORCE PERSONNEL COUNCIL 
GE REVIEW BOARD 
R, EE WING, ~ R D  FLOOR 

ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00361 

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 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: 

Issue  1.  The applicant cited his desire to reenlist in the Air Force to complete his obligation.  The DRB 
noted the applicant's  desire but concluded that his desire standing alone was not a matter of inequity or 
impropriety which would warrant an upgrade. 

Issue 2.  Although not explicitly stated the applicant suggested that his misconduct was a result of his youth, 
immaturity and irresponsibility.  The records indicated the applicant received an Article  15 for failure to go 
to appointed place of duty.  He also received three Letters of Reprimand for disobeying a lawful order, 
making a false official statement and dereliction of duty; three Letters of Counseling for sleeping on duty, 
financial irresponsibility and reporting late to training; a Letter of Admonishment for failure to go to 
appointed place of duty; and a Record of Individual Counseling for misconduct.  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 

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ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

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1.  MATTER UNDER  REVIEW:  Appl recrd a GEN Disch fr Minot AFB, ND on 6 Jan 04 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable  isc charge,  and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Jun 83.  Enlmt Age: 18 1/12.  Disch Age: 20 6/12. Educ: HS DIPL. 
AFQT: N/A.  A-71,  E-67,  G-57,  M-62. PAFSC: 2M031A -  Intercontinental Ballistic 
Missile Apprentice. DAS: 4 Jul 02. 

b.  Prior Sv:  (1) AFRes 15 Aug 01 -  13 Nov 01 (2 months 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Nov 01 for 6 yrs. Svd: 02 Yrs 01 Mo 23 Das, all AMS. 

b.  Grade Status:  A1C -  28 Dec 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 4 Dec 03, Minot AFB, ND -  Article 86.  You, did, on or 

about 21 Nov 03, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Fofeiture of $100.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 04 DEC 03 -  Disobeying a lawful order. 

LOR, 31 OCT 03 -  Dereliction of duty. 
LOR, 31 OCT 03 - Making a false official statement. 
LOA, 17 SEP 03 -  Late for work. 
RIC, 15 AUG 03 -  Late for work. 
LOCI 06 MAR  03 -  Reporting late to training and without 

LOC, 20 FEB 03 -  Financial irresponsibility. 
LOCI 30 OCT 02 -  Sleeping on duty. 

I.D. card. 

f .  CM:  None. 

g.  Record of SV: 14 Nov 01 -  13 Jul 03  Minot AFB  4  (Initial) 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (05) Mos  (01) Das 

TAMS:  (02) Yrs  (01) MOS  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Sep 05. 

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

for Discharge) 

Issue 1:  Requesting reentry into the Air Force to complete my obligation to 

my country.  The circumstances regarding my discharge were mostly due to 
irresponsabilty (sic) and conflict of intrest (sic).  I have reassessed my 
priorities and have come to the conclusion that I will not let my 
irresponsablities (sic) hold me down from going above and beyond. 

ATCH 
1. Letter of Support. 

1 

DEPARTMENT OF THE AIR FOR 
HEADQUARTERS 91 SPACE WINO (AFSPC) 
MINOT AIR FORCE BASE, NORTH DAKOTA 

a 

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

5 91 MOS 

DEC  1 0  2003 

MEMORANDUM FOR AIC 4 

FROM:  91 MOSICC 
SUBJECT  Letter of Notification - AFI 36-3208, Paragraph 5.49. 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions.  The authority for this action is AFPD 36-32, Military 
Retirements and Separations,  14 Jul93, and AF I 36-3208, Administrative Separation of Airmen, 
28 May 03, Chapter 5, Section HI paragraph 5.49.  If my recommendation is approved, your 
discharge will be characterized as general or honorable.  I am recommending your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  You did, on or about 25 Nov 03, disobeyed an lawful order, by not getting your hair cut 
after belng told to by your supervisor and the NCOlC of your section.  You received a Letter of 
Reprimand (LOR) on 4 Dec 03. 

b.  You did, at or near Minot Air Force Base, North Dakota, on or about 21 Nov 03, without 
authority, fail to go at the time prescribed to your appointed place of duty, to wit:  Building 537, 
Minot Alr Force Base, North Dakota.  You were punished under Article 15 of the UCMJ on 
4 Dec 03. 

c.  On or about 27 Oct 03, you lost governrnent property by losing your keys to the office 

and the vault foyer, resulting in the office and foyer door locks being re-keyed.  You rece~ved an 
LOR on 31 Oct 03. 

d.  You did, on or about 28 Oct 03, make a false official statement, by stating you had 

finished a KAT test and scored "a 52 or 53", when in fact you scored a 23 on a test that took you 
over 7 hours to complete.  You received an LOR on 31 Oct 03. 

e.  On 17 Sep 03, you falled to go to your appointed place of duty by reporting to work late. 

You received a Letter of Admonishment on 17 Sep 03. 

f.  On 14 Aug 03 and 15 Aug 03, you falled to go to your appointed place of duty by 

reporting to work 30 minutes late and 70 minutes late respectfully.  You received a Record of 
Individual Counseling on 15 Aug 03. 

g.  On 6 Mar 03, reported to work 20 minutes late and without your military I.D. card.  You 

received a Letter of Counseling (LOC) on 6 Mar 03. 

h.  On or about 14 Feb 03, you wrote insufficiently funded checks to various businesses. 

You received an LOC on 20 Feb 03. 

. 

Global Power For America 

I. On 30 Oct 02, you were found sleeping on duty.  You received an LOC on 30 Oct 02. 

3.  The Letter of Notification with attachments will be forwarded to the separatior~ authority in 
support of this recomrnendatlon.  The commander exercising SPCM jurisdiction (5 BWICC) 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 reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal g-qpnsej-h_as been obtained to assist you. 
I have made an appointment for you to consult Captain i 
i at the Area Defense Counsel 
Office, Bldg 475, Room 306A, on 
counsel at your own expense. 

be-c , 2003 at w h 5 b i - s S m  You may consult clvillan 

5.  You have the right to submit statements in your own behalf.  Any st$  ments you want the  . 
separation authority to consider must reach me by 0960  hours on fS 
ft2003,  unless you 
request and receive an extension for good cause shown.  I will send any statements you provide 
to the separation authority. 

i5 

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.  You must report to the 5th Medical 
hours on f l o c t  2003, for the 
Group Hospital, 10 Missile Avenue, Minot AFB, ND, at 
examination.  You must not drink alcoholic beverages 72 hours prior to the exam. 

8.  The Privacy Act of 1974 covers any personal information you furnlsh In rebuttal.  A copy of 
AFI 36-3208 is available for your use in the Orderly Room. 

9.  Sign the attached acknowledgment and the Statement of Understanding and return them to 
me immediately. 

4. ..................~.'sl.'sl..'sl.'sl..'sl.'sl..'sl....~... 

Commander, 91  Maintenance Operations Squadron 

i 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  Letter of.Reprimand, 4' Dec 03 
4.  AF FM 3070, Record of Nonjudicial Punishment Proceedings, 4 Dec 03 
5.  Letter of Reprimand, 31 Oct 03 
6.  Letter of Reprimand, 31 Oct 03 
7.  Letter of.Admonishment,. 17 Sep 03 

8.  Record of Individual Counseling, 15 Aug 03 
9. Letter of.Counseling, 6 Mar 03 
10.  Letter of Counseling, 20 Feb 03 
11.  Letter of Counseling, 30 Oct 03