AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 
1  NAME OF SERVICE MEMUBK (LAS'I,  HKSI MIDDLE INITIAL) 
jypL GJ+~ 
............................................. 

PERSONAL APPEARANCE 

I 

1 

GRADE 

AB 

X 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

EMBER SITTING 
.------------- 

HON 

I 

VOTE OF THE BOARD 

GEN 

I  LJOTHC 

I  OTHER 

I  DENY 

1 

ISSUES 

A94.53 
A95.00 

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INDEX NllMRER 
A67.10 

HEARING DATE 

CASE NIIMBER 

I 

I 

I 

E.XHIBITS St'BMITTED TO THE BOARD 

1 
2 
3 
4 

OKDEK  APPOIN'IING ' r w  BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICA'TION 
BRIEF OF PERSONNEL  FILE 
CO[.JNSEL'S  RELEASE TO TIIE BOARD 
ADDITIONAL EXCIIBITS SUBMITTED AT TIME OF 
PEKSONAL APPEARANCE 

'I'APE  KECORDiNG  OF PERSONAL APPEARANCE 

24 May 2006 
MPLlCAh 1  S ISSUE kW  THE B O W ' S  DEClSlONAL RATIOYAL A R t  DISCUFSkD OU THE ATTACHED AIR FORCE DISCHARGT  REVILH  n04RI) DtCI\IONAL  RA I  I 0 4 A L t  

FD-2005-00375 

I 

I 

I 

1  Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's  request. 

*Reason and Authority 
+Reenlistment  Code 

1 

RANDOLPH AFB, TX 78 150-4742 

SECIIB'I'ARY OF THE AIR FORCE PERSONNEL, COIINCII. 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND Dl<, EE WING, 3RD FLOOR 

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00375 

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 the reason and authority, and to change the RE Code are denied. 

The Board finds the applicant submitted no issues contesting thc 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 applicant submitted no issues and requested that the review be completed based on the 
available service record.  The Board reviewed the entire record and found no evidence of impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had received 
an Article 15 for failure to go to appointed place of duty; derelict in the performance of those in that he 
willfully failed to refrain from riding in a privately owned vehicle during duty hours to school; and with 
intent to deceive, made an official statement "I  walked to school", which was known to be totally false.  As a 
result, applicant was punished with a reduction to airman basic, forfeiture of $100.00 pay for two months 
and 14 days of extra duty.  He also received an AETC Form 125A for removal from technical training; a 
Letter of Reprimand and entry on Unfavorable Information File for showing disrespect towards a Non- 
Commissioned Officer, and a Record of Individual Counseling for prohibited items in his dormitory room. 
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 receivcd 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 Sor 
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 AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Sheppard AFB, TX on 8 Dec 03 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Sep 83.  Enlmt Age: 19 5/12.  DischAge: 20 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-62,  G-48,  M-58. PAFSC: 2A313A -  Tactical Aircraft 
Maintenance Helper. DAS: 16 Jun 03. 

b.  Prior Sv: (1) AFRes 4 Mar 03 -  28 Apr 03  (1 mo 25 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

I 

~ 

a. Enlisted as AB 29 Apr 03 for 6 years. Svd: 00 Yrs 07 Mo 10 Das, all AMS. 

b.  Grade Status:  AB -  17 Nov 03, (Article 15, 17 Nov 03) 

A1C -  13 Jun 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Nov 03, Sheppard AFB, TX -  Article 86.  You did, on 
or about 4 Nov 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
formation.  Article 92.  You, who know or should of 
known of your duties, on or about 4 Nov 03, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from riding in a privately 
owned vehicle during duty hours to school, as it was 
your duty to do.  Artcle 107.  You did, on or ...-.-.... 
about 7 
, . . . -. -. . . -1. -. . -. 
Nov 03  with intent to deceive, make to MSgt : 
1- - - - - - - - - 1 
:  an official statement, to wit: "1 walked to 
1 .-.-. .-.-. .. .-.- ,I 
school," which statement was totally false, and was then 
known by you to be so false.  Reduction to AB. 
Forfeiture of $100.00 pay per month for 2 months and 14 
days extra duty.  (No appeal)  (No mitigation) 

e.  ~dditional: AETC 125A, 7 NOV 03 - Removal from Technical Training. 
LOR/UIF, 16 OCT 03 -  Showing disrespect towards an NCO. 
RIC, 8 SEP 03 -  Prohibited items in Dormitory. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (09) Mos  (05) Das 
TAMS: (00) Y r s   (07) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Sep 0s. 

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

for Discharge.) ----------------------------------. 

Issue 1 :  I ----------------------------------: 

am asking the Military Board of review to 

consider changing my discharge from an  (sic) General under Honorable conditions, 
to an Honorable discharge.  I am also asking that my entry-level code be changed 
so that I may be able to renlist  (sic) in the military and serve my country as I 
have always wanted to do. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

1 DEC  2003 

MEM0RAN'Dm.f FOR 

.  . ,.. 

FROM:  362 TRSICCQ 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

:-- -- --- -- ----- -- ----- -- --- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A  

: 362 TRS 

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 AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  You 

,- - - - did 

- - - -L - at - - - or -, near Sheppard AFB TX, on or about 7 Nov 03, with intent to deceive, make 

to MSgti -------------, 
totally false, and was then known by you to be so false.  For this misconduct and subparagraphs 
"b"  and "c"  below you received Article punishment  15 on 17 Nov 03. 

: an official statement, to wit:  "I  walked to school," which statement was 
, 

b.  You did, at or near Sheppard AFB TX, on or about 4 Nov 03, without authority, fail to go 

at the time prescribed to your appointed place of duty, to wit:  formation. 

c.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on or 

about 4 Nov 03, were derelict in the performance of those duties in that you failed to refrain from 
riding in a privately owned vehicle during duty hours to school, as it was your duty to do. 

d.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on or 

about 10 Oct 03, were derelict in the performance of those duties in that you made some 
disparaging comments toward an Noncommissioned Officer (NCO), as it was your duty not to 
do.  For this misconduct, you received a Letter of Reprimand (LOR) on 16 Oct 03 and an 
Unfavorable Information File (UIF) was established. 

e.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on or 

about 6 Sep 03, were derelict in the performance of those duties in that you failed to refrain fxom 
having a can of Leather Luster and Leather dye in your room, as it was your duty to do.  For this 
misconduct you received an AETC Form 174, Record of Individual Counseling, on 8 Sep 03. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction  or 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 and will probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

3.  You have the right to consult counsel.  M i l ~ d e d ~ u n s e l  
I have made an appointment for you to consul{ 
lqm 

. You may consult civilian counsel at your own expense. 

. - - - - - * - - - - - - - I  

- 

has been obtained to assist you. 

i t  building 163 8 on  Z p

d

 at  - 

4.  You have the right to submit statements in your o  n behalf.  Any statements you want the 
separation authority to consider must reach me by &eL  b3 
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, y o u  failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination. 
Group, Bldg 1200, Physical Examinations, at  0 8 1 5  

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 in the Commander's  Support Staff Office. 

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

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

..................... 
Squadron ~ e c t i o ~ m m a n d e r  

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

Attachments:  (listed on the next page) 

i,lO Nov 03 

' 5 Nov 03 

_ _ _ _ _ _ _ _ _ _ _ 
......... - - - )  

' 5 Nov 03 
..-....-.-. : J  5 Nov 03 
I-rrrrrr!7-.  : 5 Nov 03 

Attachments : 
1.  AF Form 3070,17 Nov , _ _ 03 
2.  AF Form 1168, MSgt _.____________-I 
i 
3.  AF Form 1168, A ~ C :  
4.  AF Form 1168, A1 C  ______+ ), 5 Nov 03 
5.  AF Form 1 168, A1 Cj- - - - - - - l -5iNov 03 
6.  M ~ o r m  1168, AJ3  i l-.,------l---  5 Nov 03 
7.  AFFom 1168,Amnl m m m m m m m  4 
8.  AFForm 1168, 
9.  AF Form 1168, AB -------- 
10. AF Form 1168, A1C I -------, 
11. LOR, 16 Oct 03 
12. AF Form 1058, 16 O-