AIR FORCE DlSCHARGE REVIEW BOARD HEARING  RECORD 

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RECORD REVIEW 

.ADDRESS .is11 OR ORGASIL,\TIO\I  OF COL TSEI 

MEMBER SITTING 

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VOTE OF THE BOARD 

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EXHlBITS SUBMl'ITED T O  THE llO!W) 

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1  i\d\i*u  i~ppiici~nl of  the decision of the  Board, the right to a personal appearance withiwithout  counsel. and the rig111 to 
I sul~tnit an application  to the AFBCMR 
I /  Niimcs and hottls \\ill  be made available to the applicant at the applicant-s request. 

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Prcviouh cclition  will  bc uscd 

AIK FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NL-%lBER 

FD-2005-00409 

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

?'he  applicant was offered a persona1 appearance before  the Discharge  Review  Board (DRB) but  dccIincd  to 
exercise this right. 

T l ~ c  attached brief contains available pertinent data on the applicant and the factors leading to thc discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge.  and  chatlgc  of 
rctnlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  LIII 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant received a General discharge for Misconduct - Minor Disciplinary  Infractions 

,4pplicant contends that he would  like to go back into the military and serve his country again.  The records 
indicated  the applicant received two Article 15s and three  Letters of Reprimand for misconduct to include 
undcragc drinking, dereliction of duty, sleeping on duty, failure to go, and failure to pay just  debts.  Thc 
DRB opined that  through these administrative actions, the applicant had ample opportunities to changc his 
nc.gati\-c behavior.  The Board concluded the misconduct was a significant departure I'rom conduct cspeclted 
o f  all military members and the characterization of the discharge received by the applicant was foulid 10 
iippropsiate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  thc 
procedural  and  substantive  requirements  of  the  discharge  regulation  and  was  within  the  discrelion  of  the 
discharge authority and that the applicant was provided fulI administrative due process. 

In  \. iew of the foregoing findings the Board further concludes that  there exists no legal  or equilahle hasis  for 
upgrade  of  discharge,  thus  the  applicant's  discharge,  reason  and  authority  for  discharge.  and  reenlislmenl 
code should not be changed. 

Atiachment : 
Examiner's  Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH  AlC) 

1.  MATTER  UNDER REVIEW:  Appl recld a GEN Disch fr USAF Dover AFB, DE on 16 Jun 
93 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Sep 72. Enlmt Age: 17 10/12.  Disch Age: 20 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-34,  E-65,  G-50,  M-60. PAFSC: 45752D -  C5 Airlift Aircraft 
Maintenance Specialist. DAS: 21 Oct 91. 

b.  Prior Sv: (1) AFRes 9 Aug  90 - 30 Jun 91 (10 months 22 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Jul 91 for 4 yrs. Svd: 01 Yrs 11 Mo 16 Das, all AMS. 

b.  Grade Status:  Amn -  14 Apr 93  (Vacation of Article 15, 10 May  93) 

A1C -  1 Nov 92 
A m  -  1 Jan 92 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 May 93, Vacation, Dover AFB, DE -  Article 134.  You, 

being indebted to MCI Telephone Company in the sum of 
approximately $1,185.59 for invoice 47556350 dated 28 
Sep 92 and invoice 47856782 dated 28 Oct  92, which 
amount became due and payable on or about 28 Sep 92, 
did, from on or about 21 Apr 93 to on or about 29 Apr 
93, dishonorably fail to pay said debt.  Reduction to 
Airman.  (No appeal)  (No mitigation) 

(2) 14 Apr 93, Dover AFB, DE -  Article 86.  You did, on or 

about 29 Mar 93, without authority, fail to go at  the 
time prescribed to your appointed place of duty. 
Article 134.  You, being indebted to McCullough Used 
Cars in the sum of approximately $1,000.00 for a 1982 
Datsun 200 SX, which amount became due and payable on or 
about 24 Apr 92, did, from on or about 28 Mar 93 to on 
or about 5 Apr 93, dishonorably fail to pay said debt. 
Suspended reduction to Airman.  Fourteen days extra 
duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 19 DEC 92 -  Sleeping on duty. 

LOR, 19 DEC 92 - Dereliction of duty. 

LOR, 11 MAR 92  - Underage drinking. 

f.  CM:  None. 
g.  Record of SV: 1 Jul 9 1   -  2 8   Feb 93  Dover AFB  2   (1nitial)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (10) Mos  (OB) Das 
TAMS:  (01) Yrs  (11) Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 2 5   Oct 0 5 .  

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

for Discharge) 

Issue 1:  I would like to go back into the military and serve my country 

again. 

ATCH 
None. 

DEPARTMENT OF THE A I R  FORCE 

R L A W V A I I T C R ~  urm rtrr~rw W # N ~  rrmo 

REPLY TO 
ATTN OF: 436 AGS/CC 

SUBJECT: Notification Letter 

TO: ~ m n i  

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25 May  1993 

1.  I am recommend'mg your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions. The authority for this action is AFR 39-10, paragraph 
5-46.  If my recommendation is approved, your service will be characterized as honorable or 
general.  I am recommending that your service be characterized as general. 

2.  My reason for this action is your record of misconduct, which is set forth below: 

DATE 
21 - 23 Apr 93 
29 Mar 93 

5 Dec 92 

2 Dec 92 

8-9Feb92 

INCIDENT 
Failure to pay just  debts 

Failure to go and failure to 
pay just debts 
Dereliction of duty (sleeping on 
duty) 
Dereliction of duty (failed to 
follow directions and procedures 
Underage drinking 

ATCH 
ACTION 
Vacation of  Nonjudicial  1 
Punishment 
Article 15 

2 

LOR 

LOR 

LOR 

3 

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5 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisidiction 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 wiU  be ineligible 
for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
-------- : at BIdg 200, Rm 3, at  07 DO  hrs on 
I have made an appointment for you to consult Capt'------- 
Z S P + V ~ ~  You may consult with civilian counsel n 

own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authofity to consider must reach me by  2 r
an extension for good cause shown, I will send them to the separation authority. 

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93 unless you request and receive 

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AMC-GLOBAL  REACH FOR  A M G R ~ C A  

5. If you fail to submit statements in your behalfl 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 Bldg 305 at 0730 on 
1 June 1993 for an examination. 

7. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFR 39- 10. A copy of AFR 3 9- 10 is available for your use in the Orderly Room. 

8.  Execute the attached receipt of nomcation letter and return it to me immediately. 

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Commander 

6 Atchs 
1. Vacation of Nonjudicial Punishment 
2. Article 15 
3.  LOR 
4.  LOR 
5.  LOR 
6.  Receipt of Notification Letter