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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

FIRST MIDDLE INITIAL) 

1  AFSNISSAN 

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GRADE 

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1  TYPE  GEN 

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j  NAME dF COUNSEL AND 

PERSONAL APPEARANCE 

RECORDREVIEW 

ORGANlZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

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VOTE OF: THE BOARD 

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UOTHC 

OTHER 

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DENY 

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ISSUES 

INDEX NUMBER 

A67.10 

A92.15 
A92.21 

X 

EXHIBITS SUB-ED 

TO THE BOARD 

1  APPLICATION FOR REVIEW OF DISCHARGE 

1  I  ORDER APPOINTING THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

I  HEARING DATE 
1  15 Nov 2006 

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I  CASENUMBER 
I  FD-2005-00403 

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APPLICANTS ISSUE ANDTHE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON M E  A T T A W D  AIR FORCE DISCHARGE REVIEW BO.UU)  DECISIONAL RATIONALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, 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. 

. ". 

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

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SECRETARY O F  THE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND  DR, EE WING, 3RD FLOOR 
ANDREWS AFB. MD 10761-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00403 

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

The applicant appeared and testified before the Discharge Review Board ( D M ) ,  without counsel, at Travis 
AFB, CA, via video-teleconference with Andrews AFB on 15 November 2006. The following witness 
observed the hearing but did not testify on the applicant's  behalf: Ms: , . . . . . . . . . . . .......I 

' mother. 

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: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He further stated his discharge was due to a misunderstanding concerning his possession of a valid 
motorcycle license.  The records indicated the applicant received a general discharge for minor disciplinary 
infractions.  He received an Article 15, a Vacation, four Letters of Reprimand, two Letters of Counseling, 
three Records of Individual Counseling and an AETC Form  125A for misconduct.  The applicant was 
administratively disciplined for failure to comply with dress and appearance standards, failure to report to a 
mandatory formation, making a false official statement, failure to shave, being disrespectful to an NCO, 
improper wear of his uniform, unexcused absence, failure to obey an order, and failure to keep his room in 
inspection order.  He had hrther misconduct and received an Article 15 for failure to go to his appointed 
place of duty, failure to remain within the limits of Sheppard AFB, TX, and failure to wear the appropriate 
uniform while in Phase I.  He was reduced in grade to Airman Basic, forfeited $500.00 pay which was 
suspended, and 21 days of extra duty.  He received a Vacation to his Article 15 for being derelict in the 
performance of duties by failing to eat breakfast at the prescribed time.  On April 1,2004, the applicant was 
eliminated from technical school training for failure to meet military standards.  He had numerous occasions 
in which he had been verbally counseled and administratively disciplined for failure to conform to military 
standards.  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRl3 took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  The DRB was pleased to see that the applicant was doing well, has a good job  and continuing with 
his education.  However, no inequity or impropriety in his discharge was suggested or found in the course of 
the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

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 AB)  (HGH AMN) 

'.-..........-.-.-.----------------I 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 12 
May 04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Sep 84.  Enlmt Age: 18 4/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-85,  G-86,  M-76. PAFSC: 2A312 - Avionics Systems Helper. 
DAS: 16 Jul 03. 

b.  Prior Sv: (1) AFRes 13 Feb 03 -  31 Mar 03  (I month 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 01 Apr 03 for 6 yrs. Svd: 01 Yrs 01 Mo 12 Das, all AMS. 

b.  Grade Status:  AB -  23 Mar 04 (Article 15, 23 Mar 04) 

Amn -  3 Oct 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Apr 04, Vacation, Sheppard AFB, TX -  Article 92. 

You, who knew or should have known of your duties, on or 
about 25 Mar 04, were derelict in the performance of 
those duties in that you willfully failed to eat 
breakfast at the prescribed time, as it was your duty to 
do.  Forfeiture of $500.00 pay.  (No appeal)  (No 
mitigation) 

(2) 23 Mar 04, Sheppard AFB, TX -  Article 86.  You did, on 
or about 3 Mar 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
mandatory detail formation.  Article 92.  You, who knew 
or should have known of your duties, on or about 6 Mar 
03, were derelict in the performance of those duties in 
that you willfully failed to remain within the limits of 
Sheppard AFB, Texas and willfully failed to wear the 
appropriate military uniform while in Phase I, as it was 
your duty to do.  Reduction to AB.  Suspended forfeiture 
of $500.00 pay.  Twenty one days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: AETC 125A, 31 MAR 04 -  Withdrawn from training. 

LOR, 05 APR 04 -  Failure to obey an order or regulation. 
LOCI 01 MAR 04 -  Failure to keep room in inspection order. 

f.  You did, at or near Sheppard AFB TX, on or about 29 Aug 03, without authority, fail 
to go at the time prescribed to your appointed place of duty, to wit: morning parade.  For this 
misconduct you received an AF Form 174, Record of Individual Counseling, on 29 Aug 03. 

g.  You did, at or near Sheppard AFB TX, on or about 29 Aug 03, display a flagrant 
for a noncommissioned officer.  Specifically, you 
:and ignored her attempt to speak to you.  For this 

disregard for authority and disrespect 
"stomped" away form SSgt ;----------- 
misconduct you received an AF Form 174 on 29 Aug 03. 

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

h.  You did, at or near Sheppard AFB TX, on or about 27 Aug 03, report for duty 

unshaven and with a stained uniform.  For this misconduct you received an LOR on 27 Aug 
03. 

i.  You dill,-?toy-ns-gSh-eppard AFB TX, on or about 21 Aug 03, with intent to deceive, 

state to Mr: 
false.  For &~shiii&iidi~i~j6~ 

i that you were in phase LII, which statement you knew to be 
received an LOR on 25 Aug 03. 

j. You did, at or near Sheppard AFB TX, on or about 21 Aug 03, without authority, 
failed to go at the time prescribed to your appointment place of duty, to wit: mandatory 
formation. For this misconduct you received an LOC on 21 Aug 03. 

k.  You did, at or near Sheppard AFB TX, on or about 20 Aug 03, report for duty out of 
compliance with AFI 36-2903.  Specifically, scuffed shoes, smudged belt, lint on slacks, and 
unshaven.  For this misconduct you received an AF Form 174 on 20 Aug 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 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 and will probably be denied enlistment in any 
component of the armed forces. 

3.  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 Capt: ---------  extension 6-2 186, the 
ADC, at building 1638 on 20 Apr 04 at 1000 hours.  You may consult civilian counsel at 
your own expense. 

I - - - - - - - -  

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 22 Apr 04, 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, your failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination.  You must report to the 82d Medical 
Group, Bldg 1200, Student Health, at 1300 on 9 Feb 04. 

7.  Any personal information you fwnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208, is available for your use in the 365 TRS Commanders Support Staff 

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

C . - . - . - . . . . . . - . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '  

Commander 

Attachments: 
1.  AFForm366,8Apr 04 
2.  Response to AFForm3665OR.,  6Apr 04 
3.  LOR, 5 Apr 04 
4.  Detail Sign WOut log, 24-25 Mar 04 
5.  AF Form 3070,23 Mar 04 
6.  Response to Article 15, 15 Mar 04 w/6 atch 
7.  AFForm1168,Amn; -.-... ;8Mar04 
8 Mar 04 
8.  AF Form 1 1 6 8 , A l C 1 ~ ~ ~ ~ ~ ~ ~ ~ - i  
9.  AF Form 1168, SSgt :,,.-+, 
3 Mar 04 
10. AF Form 1168, ~ S g t l  _-... i 10 Apr 04 
, 2. MFR,  MSgt ------------- 
1 1. LOC.' 1 Mar 04 

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, - - - - - - - - I  

' 1 Mar04 
-.-..., 
-----------A 
L ........ 7 

2Mar04 

13. AF Form 1168, TSgt : 
1 4. LOR, 29 Aug 03 
15. AF Form 174, Mr.; 
j 29 Aug 03 
16. AFForm  1 7 4 , ~ r . i  -.-.... j 29Aug03 
17. LOR, 27 Aug 03 
18. LOR, 25 Aug 03 
19. Response to LOR, 25 Aug 03 
20. LOC, 21 Aug 03 
21. Response to LOC, 23 Aug 03 
22. AF Form 174, Mr.; ------- 3 20 Aug 03 
23. AETC Form 125A, 1 Apr 04 
24. Student Training Report, 04008 
25. MFR, A l C F A 6  Feb 04 
26. MFR, A1 C 1. -. -. . . ; 1 5 Sep 03 
27. Airman's  Receipt of Notification Memo  LJ d 

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