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AF | DRB | CY2006 | FD2005-00470
Original file (FD2005-00470.pdf) Auto-classification: Denied
NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

I 

MEMBER SITTING 

ISSUES 

A93.11 

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

I  INDEX NUMBER 

A67.90 

I 

HEARING DATE 

CASE NIJMBER 

I 

1 

I 

1 

I 

HON 

I 

GEN 

VOTE OF THE BOARD 

I  UOTHC 

I  OTHER 

I 

DENY 

I 
BOARD 

o,  E ~ L B I T ~ , ~ ~ ~ M ~ ; T E D W T E E  

I 

I 

I 
I  ORDER APPOIN'I'ING '1.1 IE  BOAlZD 

1 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NO.I.IFICA.I'ION 
1  BRlEF OF PERSONNEL  Fll,E 
4 
I  COUNSE1,'S  RELEASE TO THE BOARD 

ADDITIONAI,  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDTNG OF PERSONAL APPEARANCE HE 

I 

17 Oct 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE. DISCUSSEDON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00470 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout 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 
+Reenlistment Code 

550 C STREET WES'I . SUI'I I?  40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FOHCO PEHSONNEL  COIJNCIL 
AIR FORCE DISC'IIARCE  REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2005-00470 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, 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, change of reason and authority for discharge, and changc 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: 

The applicant cited his desire to serve once again in the armed forces.  He also contends that his former 
commander advised him he should try to reenlist once his bills were under control.  The records indicated 
the applicant received an Article  15, a Vacation, three Letters of Reprimand, and four Records of Individual 
Counseling for misconduct.  He received an Article  15 for making false official statements.  He was 
punished with a suspended reduction in grade to airman, suspended forfeiture of pay, and 14 days of extra 
duty.  The Vacation action resulting in his reduction to airman and forfeiture of pay was for failure to pay a 
debt.  Applicant was also administratively disciplined for financial irresponsibility, inattention to detail, 
insubordinate behavior, and failure to obey an order.  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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF  Offutt AFB, NE on 6 Mar 
01 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Aug 80.  Enlmt Age: 18 1/12.  Disch Age: 20 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-81,  G-80,  M-85. PAFSC: 3C051 -  Communications Computer 
Systems Operations Journeyman. DAS: 26 Jul 99. 

b.  prior Sv: (1) AFRes 21 Sep 98 -  02 Mar 99 (5 months 12 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Mar 99 for 4 yrs. Svd: 02 Yrs 00 Mo 04 Das, all AMS. 

b.  Grade Status:  A m  -  31 Oct 00  (Vacation of Article 15, 6 Feb 01) 

A1C -  03 Jul 00 
A m  -  03 Sep 99 

c.  Time host:  None. 

d.  Art 15's:  (1) 6 Feb 01, Vacation, Offutt AFB, NE -  Article 134.  You, 

being indebted to AXSYS National Bank in the sum of 
$919.27 for a debt, which amount became due and payable 
on or about 7 Jun 00, did from on or about 7 Jun 00, to 
on or about 7 Jan 01, dishonorably fail to pay said 
debt.  Reduction to Airman, and forfeiture of $263.00 
pay. (No appeal) (No mitigation) 

(2) 31 Oct 00, Offutt AFB, NE -  Article 107.  You did, on 

jan official statement, to wit: "I have 

or about 6 Oct 00, with intent to deceive, make to MSgt 
............................. 
.---------------------------- 
not received any letters in reference to the reopening 
of any checking and savings account at Great Western 
Bank," or words to that effect, which statement was 
totally false, and was then known by you to be so false. 
You did, on or about 6 Oct 00, with intent to deceive, 
: an official statement, to 
make to MSgt 
wit: "I am sure I gave  $220.00 to the teller in order to 
reopen a savings or checking account at Great Western 
Bank," or words to that effect, which statement was 
totally false, and was then known by you to be so false. 
Article 121.  You did, on or about 1 Sep 00, steal 

C.......................-.-.- 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE WEATHER AGENCY (AFWA) 

106 PEACEKEEPER DRIVE SUITE 2N3 
OFFUTT AFB, NEBRASKA 681 13-4039 

MEMORANDUM FOR AMN L , . . . . . . . . . . . . . . . . . . . . -. -. . . . . .-. -. -. . . . -. -. -. .: 
FROM:  HQ AFWAICCQ 

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

SUBJECT:  Letter of Notification 
1.  I am recommending your discharge fi-om the United States Air Force for Misconduct--Pattern 
of Misconduct.  The authority for my  recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50.2.  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending that your service be dharacterizcd as general. 
2.  My reasons for this action are: 

a.  On or about 4 February 2000, you, who knew of your duties,were derelict in the 

performance of those duties in that you failed to make sufficient log entries, as it was your duty 
to do.  For this incident you received a Record of Individual Counseling dated 10 February 2000. 
(Atch 1-1) 

b.  You, who knew of your duties at or near O&tt  Air Force Base, Nebraska, on or about 

29 February 2000, were derelict in the performance of those duties in that you willfully failed to 
ensure the decryptions for a satellite were correct, as it was your duty to do.  For this incident 
you received a Record of Individual Counseling dated 10 March 2000.  (Atch 1-2) 
,-----------. 
c.  On or about 29 February 2000, you, having knowledge of a lawful order issued by SrA 
- - - - - - - - - - -i,  to take over operations on the Ingest Satellite Workstation, an order which was your 
duty to obey, failed to obey the same.  For this incident you received a Record of Individual 
Counseling dated 10 March 2000.  (Atch 1-3) 

d.  On or about 1 1 October 2000, with intent to deceive, you,made to MS& ----- -----, 
:an 
official statement, to wit: "I have no other outstanding debts," or words to that effect, which 
statement was totally false, and was then known by you to be so false.  For this incident you 
received a Record of Individual Counseling dated 29 October 2000.  (Atch 1-4) 

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

e.  You did, at or near Offitt Air Force Base, Nebraska, on or about 6 October 2000, with 
:an official statement, to wit:  "I 

intent to deceive, make to Master Sergeant; .-....-.-.-_---_.,- 
have not received any letters in reference to the reopening of any checking and savings account 
at Great Western Bank," or words to that effect, which statement was totally false, and was then 
known by you to be so false. 

4.  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 ; - - -_ - - - - - - - - - - - - - - - - - ,  
Bldg 3236, RM 302, 
. You may consult civilian counsel at your 
Phone 4-3939, at  &b  0 
own expense. 

on  7 7 Fe  0 1 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider rnust reach me by 0 I ~r  0\  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6. If you fail to consult counsel or to submit statements on your 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 the 55th Medical 
Group, Physical Exams, Room 1 15, Building 527 (Fairchild Hall), at 

on 

for the examination.  Please pick up your medical records 24 hrs prior to 

your appointment. 

8.  You have been scheduled for an initial separation appointment.  You rnust report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 
\006  on  2 7 k b  O (  

with your escort. 

9.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center at 

on  6 IM fik 0 l 

for the briefing. 

6 b 

10.  Any personal information you furnish 
copy of AFI 36-3208 is available for 

id covered by the Privacy Act of 1974. A 

1 1. Execute the acknowledgment provid&J and return i b d e  immediately. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

er, Headquarters Section 

Attachments: 
Atch 1-1 ; Record af Individual Counseling dated 10 Feb 00 
Atch 1-2; Record of Individual Counseling dated 10 Mar 00 
Atch 1-3; Record of Individual Counseling dated 10 Mar 00 
A t ~ h  1-4; Record of Individual Counseling dated 29 Oct 00 
Atch 1-5; Art 15 dated 3 1 Oct 00 
Atch 1-6; LOR dated 20 Nov 00 
Atch 1-7; LOR dated 20 Nov 00 
Atch 1-8; LOR dated 2 Feb 01 
Atch 1-9; Vacation of Suspended Nonjudicial Punishment dated 6 Feb 01 



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