NAME OF SERVICE MEMBER (I,AST, PlRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

VOTE OF THE: mARD 

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GEN 

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1SSl hS  A93.33 
A94.05 

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A67.10 

IIEARING  DATE 

CASE NUMBER 

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EXHIBITS SUJjMITTED TO THE BOARD I 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER 01:  NOTIFICATION 
4 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAI. AI'PEAKANCE 

I  TAPE KECOKDlNG OF PERSONAI, APPEARANCE HE 

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05 Oct 2006 
A P P L I C W  ISSUE AND THE BOARD'S DECISIONAL R4TIONAL ARQ DSCUSSED ON THE A'ITACHED AIR  FORCE DISCHARGE R M E W  BOARD  DECISIONAL RATIONALE 

FD-2005-00454 

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Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

X - Upgrade, Reason and Authority and RE Code 

F - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

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

SAbIM KBR 
550 C STREET WEST.  S1JI'IE  40 
RANDOLPH APB, TX 78 150-4742 

FROM. 

SECRETARY OF TAR AIR FORCE PERSONNEL COIJNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. JRD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

r 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F~-2005-00454 

GENERAL:  The  applicant  appeals  for upgrade  of  discharge to  honorable  and 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  and  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code 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:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions 

Applicant contends he was singled out, bullied and harassed by his military training leader (MTL) because 
he was aircrew.  Applicant states characterization hinders him from seeking employment and that he desires 
to enlist in the National Guard or Reserves.  The records indicate member enlisted in Nov 04 as an Aircraft 
Loadmaster Helper for four-years.  Applicant received an Article 15 and five Letters of Reprimand for 
misconduct to include disclosing testing material to a fellow student, failing to obey lawful general 
regulation (violated Phase I by-- I),  not wearing appropriate off duty uniform (three times), breaking curfew, 
breaking tobacco policy, not carrying AETC IMT 341, failure to use proper reporting statement, having 
possession of personal electronic devices which were locked up by MTL; failed room inspection (five 
times), failure to go, and disrespect to an NCO.  After thorough review of the records, the Board found no 
inequity or impropriety with the discharge.  The Board concluded that the misconduct was a significant 
departure from conduct expected of all military members and that through these administrative actions the 
applicant had ample opportunities to change his negative behavior.  The Board found the characterization of 
the discharge received by the applicant 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 AB)  (HGW AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Altus AFB, OK on 15 Sep 
05 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: 24 Jul 83.  Enlmt Age: 20 8/12.  Disch Age: 22 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-67,  E-81,  G-78,  M-68. PAFSC: 1A211 - Aircraft Loadmaster Helper. 
DAS: 11 Mar 05. 

b.  Prior Sv: (1) AFRes 16 Apr 04 -  29 Nov 04 (7 months 14 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 Nov 04 for 4 yrs. Svd: 00 Yrs 09 Mo 16 Das, all AMS. 

b.  Grade Status:  AB -  10 Aug 05  (Article 15, 10 Aug 05) 

Amn -  30 May 05 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 Aug 05, Altus AFB, OK -  Article 92.  You, did, on or 

about 14 Jul 05, fail to obey a lawful general 
regulation, to wit: paragraph 8.7, Air Education and 
Training Command Instruction 36-2216, dated 16 Jun 04, 
by failing to keep your dormitory room in inspection 
order.  You, did, on or about 22 Jul 05, fail to obey a 
lawful general regulation, to wit: paragraph 8.3, AETCI 
36-2216, dated 16 Jun 04, by failing to wear the 
appropriate uniform, off duty, while outside of your 
dormitory room.  Reduction to AB.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 16 AUG 05 -  Failure to follow Phase I rules. 

student. 

LOR, 10 JUN 05 -  Phase I violation. 
LOR, 03 JUN 05 -  Disrespect to an NCO, failure to carry 
the required two AETC Forms 341 on his 
body, and failure to use the proper 
reporting statement. 

LOR, 02 MAY  05 -  Failure to follow Phase I rules, and 

LOR, 04 FEB 05 -  Passing Appraisal information to fellow 

second room failure. 

DEPARTMENT OF THE AIR FORCE 

BYTH TRAINING SQUADRON 

ALTUS AFB, OKLAHOMA 73523 

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

MEMORANDUM FOR  AB : ...-....-....-....-..-.-..-.-..-.-..-....> 
FROM: 97 TRSICC 

SUBJECT: Notification Memorandum 

1.  Iam recommending your discharge fiom the United States Air Force for Misconduct: Minor 
Disciplinary Inhctions.  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 an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action ate: 

a.  On or about 13 Aug, you violated phase rules by having your personal electronic devices that 

were locked up by your Military Training Leader (MTL) and violated the tobacco policy. 
Furthermore, on or about 12 Aug 05, you violated Phase I rules by breaking curfew, For these 
incidents of misconduct, you received a letter of reprimand (LOR). 

b.  On or about 22 Jul05, you failed to wear the appropriate off duty uniform and on or about 14 

Jul05, you failed to keep your room in inspection order.  For these incidents of misconduct, you 
received an Article 15. 

c,  On or about 8 Jun 05, you were in violation of Phase I ruled by failing to wear the 

appropriate off duty uniform and you failed to carry the required AETC Form 341, 
ExcellencelDiscrepancy Report on your person.  For these incidents of misconduct, you received 
an LOR. 

d.  On or about 2 Jun 05, you failed to call in for your scheduled flight and you failed another 

room inspection.  Furthermore, on or about 1 Jun 05, you were disrespectfir1 to your Military 
Training Leader, you failed to carry the required AETC 1MT 341, Excellence/Discrepancy Report, 
you failed to use proper reporting statement.  Lastly, on or about 20 May 05, you failed your third 
room inspection.  For these incidents of misconduct, you received an LOR. 

e. On or about 26 Apr 05, you violated Phase I rules by not wearing the appropriate off duty 
uniform and you failed to lock your latrine door resulting in an automatic inspection failure.  For 
these incidents of misconduct, you received an LOR. 

f.  On or about 4 Feb 05, you were caught disclosing testing material to a fellow student. For 

this misconduct, you received an LOR. 

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 United States Air Force 
and, if you art: discharged, how your service will be characterized. If you are discharged, you 

will 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.  I 
have made an appointment for you to consult  captain[:::::::::::^^^^^^^^^ 
:at 308 N, First St, Suite 
2101, on  31  %rbQ, at 
hours.  YOU may consult civilian counsel at your own 
expense. 

1300 

4. You have been scheduled for a separation briefing.  You must report to the Separations Section, 
Bldg 52 on  31 9 05 , at 
5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  L $cp  06 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

hours for the briefing. 

r-6 

6.  If you fail to consult counsel or to submit statements in y o u  own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination. You must report to 97th Medical Group, 
Bldg 45 on  I JCp  05 

hours for the examination. 

, at  oQ YS 

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 at ORDERLY ROOM. 

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

.............................  L 

...-..-..-.-..-..-.---------------------------------: 

COMMANDER 

Attachments: 
1.  Supporting Documents 

a.  LOR wlatchs, dtd 16 Aug 05 
b.  AF Form 3070 wlatchs, dtd 10 Aug 05 
c.  LOR, dtd 29 Jun 05 
d.  LOR, dtd 10 Jun 05 
e.  LOR, dtd 3 Jun 05 
f.  LOR,  dtd 2 May 05 
g.  LOR, dtd 4 Feb 05 

2.  Receipt of Notification Memorandum