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AF | DRB | CY2006 | FD2005-00379
Original file (FD2005-00379.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ISSllES 

A94.53 

INDEX NUMBER 

A67.10 

HEARING  DATE 

CASE NUMBER 

X 

X 

X 

EXIIIBLTS SUBMITTED TO TME.BQARD 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISC1 IARCIE 
LETTER  OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING  OF PERSONAI, AI)PF.ARANCE 

P 

1 
2 

I 

07 Jul2006 
4PPLICANT9 ISSUE A !  TFWBOARD'S  DECISIONAL RAT1ONALvARE DISCUSSED ON THE ATTACHED 41K kORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00379 

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I 

I 

Zase 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 

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

..................................... 
--- . - .& -- 
TO: 
SAFlMRBR 
550 C' STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

~ ~ ~ S ~ E M E N T  

FROM: 

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

DATE: 711412006 
-.  - . -  . - . - 

-. 

SECRETARY OF THE AIR FORCE PERSONNEI, COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-003,9 

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

ISSUE: 

Issues.  The applicant submitted no issues and requested that the review be completed based on the available 
service record.  The applicant was discharged with a general discharge for minor disciplinary infractions. 
Applicant had received an Article  1 5, one Letter of Reprimand, and two Letters of Counseling for 
misconduct.  The Article 15 was for drunk and disorderly conduct.  He was reduced in grade to airman first 
class.  The Letter of Reprimand was for being late for duty, and the two Letters of Counseling for missing 
guard mount and involvement in a mutual affray.  After a thorough and complete consideration of the 
information contained in the records, the DRB concluded there was sufficient mitigation to substantiate 
upgrading the discharge.  Specifically, the Board found that the characterization was too harsh.  Although 
the DRB did not condone the misconduct of the applicant, an honorable discharge deemed appropriate and 
equitable. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by an Honorable discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH SRA) 

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1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Tinker AFB, OK on 5 May 93 UP 
AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Mar 70.  Enlmt Age: 19 3/12,  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-60,  G-55,  M-59. PAFSC: 81150 -  Security Specialist. 
DAS: 14 Jul 92. 

b.  Prior Sv:  (1) AFRes 28 Jun 89 -  28 Jan 90  (7 months 1 day)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A m  29 Jan 90 for 4 yrs. Svd: 03 Yrs 03 Mo 07 Das, all AMS. 

b.  Grade Status:  A1C -  03 Mar 93  (Article 15, 3 Mar 93) 

SrA -  29 Jan 93 
A1C -  29 NOV 90 

c.  Time Lost:  None, 

d.  Art 15's:  (1) 3 Mar 93, Tinker AFB, OK -  Article 134.  You, were, on 
or about 19 Jan 93, drunk and disorderly which conduct 
was of a nature to prejudice the good order and 
discipline of the armed forces.  Reduction to AlC. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 27 FEB 93 -  Late for duty. 

LOCI 10 SEP 92 -  Missed Guardmount. 
LOCI 13 AUG 92 -  Involved in a mutual affray. 

f.  CM:  None. 

g.  Record of SV: 29 Jan 90 -  28 Sep 91   ams stein AB  4  (Initial) 

29 Sep 91 -  18 May 92  Ramstein AB  5  (CRO) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (10) Mos  (08) Das 
TAMS: (03) Yrs  (03) Mos  (07) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Sep 05. 

(Change Discharge to Honorable) 

Issue 1:  1 have been &  will continue to be a good person, husband, & 

father.  I have applied to the Broward County sheriff Office in Florida &  would 
like, have an Honorable Discharge.  Thank you. 

ATCH 
1. DD Form 149. 
2. DD Form 214(Member 1 &  4 ) .  
3. Enlisted Performance Reports Page 1. 
4. Air Force Achievement Medal. 
5. Personal Accomplishments. 
6. Weapons Qualification Data. 
7 .   Seven Character References. 
8. Letters of Appreciation. 
9. Training Certificates. 

OF 'THE AIR  FORCE 

0 

HEADQUARTERS OKlAHOM.4 CITY AIR  LOGISTICS CENTER (AFMC) 

'TINKER AIR  FORCE  WE, OKLAHOMA 

pv;ta9S-. ad 377 

FROM:  654  SPS/CC 

Tinker  AEB  OK 

73145 

12 April 1993 

SUM:  Notification U t t e r  

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

TO:  A ~ C !  

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5  654  SF'S 

1.  I am  r e c m n d i n g  your  discharge  from the United States Air Force for 
Misconduct.  The authority  for  this  action  is AFR 39-10, paragraph 46, Minor 
Disciplinary  Infractions.  If my  rectmmsndation  is  approved,  your service  w i l l  
be characterized  as  honorable  or  general.  I  am  recomaending that  youc service 
be  characterized  as  general, 

2.  My  reasons  for  this action are: 

a.  On 13 Aug  92,  an  investigation revealed  that  you were involved  in a 

mutual  affray on Tinker AEB,  OK.  As a  result, you received  a  Letter  of 
munseling  (a) , dated-, 13 Aug  92.  See Atch  1, 

b.  On 10  Sep  92, you  failed t o  prepare  yourself  for  guardmount duty  a t  

the prescribed  time  of 0545  horns.  As a result, yau  received a Letter of 
Counseling, dated  10  Sep  92.  See Atch 2 .  

c.  On 26  Feb 93, yout  Elight  sergeant received a  phone call from a 

non-military m e w r  and who  is not  related to you, stating that you wauld  be 
late far duty.  You  actually  had plenty  of  time  t o  prepare  yourself for  duty 
and was late  for work+  YOU  had  been  late  to  work on  several  other  occasions. 
nB  a result, you received a Letter  of Reprimand  (LOR) , dated  27 Feb  93.  See 
AtCh  3. 

d,  On 19 Jan 93, you were  drunk  and disorderly a t  Tinker  AJ?B,  OK.  As  a 
result, you received an U t i c l e  15,  dated  3  Mazr  93.  Punishment was reduction 
to the grade of airman first c l a s s ,   effective 3  Mar  93.  See Atch  4. 
Copies  of  the documents  to be  forwarded  to  the separation  authority  i n  atmport 
of  this recmmmdation are  attach&. 
'rhe ccanmandec  exercising  SPCM 
jurisdiction,  or  a  higher  authority, will decide whether  you  w i l l  be 
discharged or retained in the Air  Force and, if you are discharged, how  your 
service  will b characterized.  If  you  are  discharged,  you w i l l  be  ineligible 
for  reenlishnent, 

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3.  YOU have  the right to consult counsel.  Military  legal counsel has  been 
abtained to ~ 4 j c s t  you.  f have made arrangements  for  you to consult  Capt 
- - .- - - -  - - - - i,  a t  Bldg 452,  Tinker  AE9,  OK,  on  13 April  1993, at 1400 
L  - - - - - - - - - 
hours.  IT ~t IS necessxy  to  change  this appointment  the, c a l l  Capt 
a t  405/739-7713.  You may consult c i v i l i a n  counsel at your own expensg'---------' 

------------ 

, 

i- 

4 - '  

4  You have the right to subnit  statenents in your own  k h a l f .   Any 
statements you want the separation authority to consider must reach me by 
15 April 1993, unless you request and receive an  extension for good  cause 
s h .  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 were scheduled for a medical examination on 26 Mar  93, and you shoulq 
have  reported to the Tinker WE  Hospital, Physical Exam Section, on that  date 
for the examination. 

7.  Any  personal information you furnish in rebuttal is covered by the  Privacy 
Act  Statement as  explained in AE'R  39-10,  attachment 6.  A copy  of AFT?  39-10 is 
a ~ i l a b l e  fox your  use in the  orderly  roaa. 

8.  Execute  the attached acknowledgment and  return i t  to me imnediately, 

-b.-....-..-....-..------------------------------ 

b 

4 Atchs 
1.  E, dtd 13 Auq  92 
2,  ux, dtd  10 sep  9 2  
3,  LOR, dtii  27 Feb  93 
4.  A r t   15, dtd  3  Mar  93 



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