AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ISSUES  A94.05 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

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HEARING DATE 

CASE NUMBER 

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PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

24 Aug 2006 
APPWCANT'S  1SSt.E  AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGEREVIEW BOARD DECISLONAL RATIONALE 

FD-2005-00447 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witli/without 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 

INDORSEMENT 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

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

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00447 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

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 and change of reason and authority for discharge 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: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  The 
records indicated the applicant was discharged for misconduct as a result of minor disciplinary infractions. 
He received two Article  15's and a Letter of Reprimand for misconduct.  The first Article  15 was for being 
derelict in the performance of duties by shredding active medical documents.  He received a suspended 
reduction to airman, forfeiture of pay and 30 days of extra duty.  The second Article  15 was for driving 
under the influence of alcohol.  He was punished with a reduction in grade to airman, 20 days extra duty of 
which  10 days was suspended and a reprimand.  The Letter of Reprimand was for unauthorized use of a 
government computer by downloading and playing video games. 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 

ANDREWS AFB, MD 

(Former AMN)  (HGH 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Wright-Patterson AFB, OH 
on 5 May 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge, and to Change the Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Sep 83.  Enlmt Age: 17 9/12.  Disch Age: 21 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-57,  E-55,  G-50,  M-27. PAFSC: 4A051 -  Health Services Management 
Journeyman. DAS: 24 Jun 02. 

b.  Prior Sv: (1) AFRes 31 Jul 01 -  6 Feb 02  (6 months 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Feb 02 for 4 yrs. Svd: 03 Yrs 02 Mo 29 Das, all AMS. 

b.  Grade Status:  A m  -  24 Jan 05  (Article 15, 24 Jan 05) 

A1C -  07 Jun 03 
A m  -  07 A u ~  02 

c.  Time Lost:  None 

d.  Art 15's:  (1) 24 Jan 05, Wright-Patterson AFB, OH -  Article 111. 

You, did, on or about 18 Dec 04, operate a vehicle, to 
wit: a passenger car, while the alcohol concentration in 
your breath was 0.138 grams of alcohol per 210 liters of 
breath as shown by chemical analysis.  Reduction to Amn. 
Twenty days extra duty  (in excess of 10 days suspended). 
Reprimand. (No appeal)  (No mitigat ion) 

(2) 8 Sep 04, Wright-Patterson AFB, OH -  Article 92.  You, 

who knew or should have known of your duties, on or 
about 25 Nov 03, were derelict in the performance of 
those duties in that you negligently failed to refrain 
from shredding active medical documents, as it was your 
duty to do.  Suspended reduction to Airman.  Forfeiture 
of $100.00 pay per month for 2 months, and 30 days extra 
duty.  (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 10 AUG 04 -  Unauthorized use of a government 

computer. 

f.  CM:  None. 

g.  Record of SV: 07 Feb 02 -  07 Oct 03  Wright-Patterson AFB  4  (Initial) 

08 Oct 03 -  15 Apr 04  Wright-Patterson AFB  4  (CRO) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (09) Mos  (05) Das 
TAMS:  (03) Yrs  (02) Mos  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Nov 05. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

DEPARTMENT OF THE AIR FORCE 

88m Medical Group 

WRIGHT-PATTERSON AIR  FORCE BASE OHIO 

MEMORANDUM FOR AMN: ------------------------------------------------------------. 

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1 Apr 05 

FROM:  88 MDSSICC 

SUBJECT: Notification Memorandum 

! 

1.  I am recommending your discharge from the United States Air Force for Misconduct - 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 
general.  I am recommending that your service be characterized as under honorable conditions 
(general). 

2.  My reasons for this action are: 

a. On 5 Aug 04, You were found to be in violation of Article 92 of the Uniform Code of 
Military Justice (UCMJ), Specifically you were in violation of  A H  33-3-2.  You were found to 
have used a government computer to download and play video games.  For this you received a 
Letter of  Reprimand (LOR) dated 10 Aug 04 and establishment of  an Unfavorable Information 
File (UIF). 

b. On 25 Nov 03, at Wright Patterson AFB  OH, you, who knew or should have known your 

duties were derelict in the performance of those duties in that you negligently failed to refrain 
from shredding active medical documents, as it was your duty to do so.  This was a violation of 
Article 92 of  the UCMJ.  For this you received an AF Form 3070, Record of Nonjudicial 
Punishment Proceedings (Article 15), dated 8 Sep 04. 

c. On 18 Dec 04, at Wright Patterson AFB OH, you did operate a vehicle, to wit: a 

passenger car, while under the influence of  alcohol.  The alcohol concentration in your breath 
was 0.138 grams of  alcohol per 210 liters of breath as shown by chemical analysis.  This was a 
violation of Article 11 1 of the UCMJ. For this you received an AF Form 3070, Record of 
Nonjudicial Punishment Proceedings (Article 15) dated 24 Jan 05. 

3.  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. Lf you are discharged, you will be ineligible 
for reenlistment in the Air Force. 

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4.  Military legal counsel, Captain; ------------- ! Area Defense Counsel, Building 199, Kittyhawk 
Area, Wright-Patterson AFB, OH, (937) 257-7841, has been obtained to assist you.  An 
appointment has been scheduled for you  to consult her on 1 Apr 05 at 1330 hrs.  Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active military  ' 

~c%d44'Q+V7 

service and is reasonably available as determined according to a-20 1, Administration of 
Military Justice.  In  addition to military counsel, you have the right to employ civilian counsel. 
The Air Force does not pay expenses incident to the employment of civilian counsel.  Civilian 
counsel, if employed, must be readily available. .  ' 

. 

5.  You have the right to submit statements in your own behalf,  Any statements you want the 
separation authority to consider must reach me within 3 working days of your receipt of this 
letter, unless you request and receive an extension for good cause shown.  I will send your 
statements to the separation authority. 

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 must schedule yourself for a medical examination through Tri-Care or your Primary Care 
physician. 

8.  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 orderly room, 

Commander 

Attachments 
1. Letter of Reprimand, 10 Aug 04 
2. AF Form 1058, Unfavorable Information File Action, 13 Aug 04 
3. AF Form 3070,8 Sep 04 
4. AF Form 3070,24 Jan 05 
5. Airman's Receipt of Notification