NAME OF SERUCE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

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1  TYPE GEN 

COUNSEC 

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No 
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PERSONAL APPEARANCE 

RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUh'SEL 

MEMBER SITTING 

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VOTE OF TME BOARD 

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I  OTHER 

I  DENY 

X 

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ISSUES  A92.21 
A93.01 

INDEX NUMBER 

A67.10 

HEAIUNG DATE 

CASE NUMBER 

-$ E ~ K I B ~ S U B ~  

TO THE BOARD 

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

18 Apr 2006 
UI'L.IC;\KT'S 

FD-2005-00478 

ISSUE AND THE BOARD'S DECISIONAL  R4TLONAL ARE DISCLSSED OX T t E  AAT.4CtEl)  AIR FORCE DISCHARGE REVLEW BOARD DtClSlONAL RATI0N.U-E 

1  Case heard at Washington, D.C. 

Advise applicant of the decision of the Board the right to submit an application to the AFBCMR 

Names and votes will be made available to the applicant at the applicant's request. 

E?DORSEMENT 

-. 

. DATE:  4/25/2006 

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

SECRETARY OFTHE AIR FOKCE YEKSONNEI. COl?lCII, 
.\IK  FOKCE DISCIIARGE REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ  FORM 0-2077, JAN  00 

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00478 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on  18 Apr 2006. The following witness also testified on the applicant's  behalf: Applicant's 
wife. 

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:  The applicant's  issues are listed in the attached brief.  The applicant contends his discharge was 
inequitable because it was too harsh and he was immature.  He further contends that his post service conduct 
is reflective of his true character and ability to serve.  The applicant was discharged with an under honorable 
conditions (general) discharge for minor  disciplinary infractions after  1 year  and  8 months of active duty 
service.  The applicant requests upgrade of his discharge in order to receive GI Bill benefits. 
The records indicated the applicant received a record of counseling, two Letters of Counseling, three Letters 
of Reprimand, and two Articles 15 for misconduct spanning a year that included repeatedly reporting late for 
duty, repeated failure to comply with unit post assignment procedures, absenting himself for his place of 
duty without authority, failure to go, and dereliction of duty by failing to follow established security 
procedures. 

The applicant testified that he felt he was immature at the time, was affected by his grandmother's illness 

and the fact that he was not especially interested in his Air Force specialty or base of assignment, but 
accepted full responsibility for his actions.  The applicant asserted he did not have a support system to help 
him but during testimony it became clear that he had a robust support system including a First Shirt who he 
characterized as "cool"  and "practical",  a senior enlisted member in his unit that he stated he could confide 
in as well as several family members with prior military experience, however he failed to avail himself of 
this support system. 

The recurring misconduct occurred over a span of over a year and the DRB concluded that the applicant 

had ample opportunity to correct the recurring misconduct that was a significant departure from conduct 
expected of all military members.  The escalating punishments and corrective actions the applicant received 
were consistent with other Air Force members committing similar minor disciplinary infractions. 

The DRB was impressed with the applicant's post service accomplishments including work, education, 

family and Army reserve duty.  The DRB was pleased to see that the applicant was doing well and has a 
good job and family, however, no inequity or impropriety in his discharge was suggested or found in the 
course of the hearing. 

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted 
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on September 19, 
1995) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety which would warrant an upgrade. 

Applicant contends that he should not be penalized indefinitely for a mistake he made when young.  The 

DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant no younger 
than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. 

The DRB concluded that the characterization of the applicant's discharge was appropriate due to the 
misconduct. 

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 Malmstrom AFB, MT on 14 
May 97 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Oct 77.  Enlmt Age: 17 5/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-46,  G-46,  M-31. PAFSC: 3P031 -  Security Apprentice. 
DAS: 9 Feb 96. 

b.  Prior Sv: (1) AFRes 18 Mar 95 -  5 Sep 95 (5 months 18 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Sep 95 for 4 yrs.  Extented 24 Feb 97 for 9 months. 

Svd: 01 Yrs 08 Mo 09 Das, all AMS. 

b.  Grade Status:  Amn -  17 Apr 97 (Article 15, 17 Apr 97) 

A1C -  6 Jan 97 
Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Apr 97, Malmstrom AFB, MT -  Article 86.  You did, on 

or about 7 Apr 97, without authority, absent yourself 
from your place of duty at which you were required to 
be.  Reduction to Airman, and restriction to Malmstrom 
AFB, MT for 14 days.  (No appeal) (No mitigation) 

(2) 02 Jul 96, Malmstrom AFB, MT -  Article 86.  You did, on 

divers occasions, on 24 Jun 96, without authority, 
absent yourself from your place of duty at which you 
were required to be.  Suspended reduction to AB. 
Forfeiture of $100 pay.  Seven days correctional 
custody.  (No appeal) (No mitigation) 

e.  Additional: LOC, 13 MAR  97 -  Dereliction of duty. 

LOR/UIF, 12 DEC 96 -  Failure to go. 
CR, 7 MAY 96 -  Repeated Failures to go. 
LOR/UIF, 23 APR 96 -  Late for duty. 
LOR/UIF, 19 APR 96 -  Late for duty. 
LOCI 28 MAR 96 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: None 

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

i.  Stmt of Sv:  TMS: (02) Yrs  (01) Mos  (27) Das 
TAMS: (01) Yrs  (08) Mos  (09) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 30 NOV 05. 

(Change Discharge to Honorable) 

& '  

Issue 1:  Since seperating (sic) from the Air Force, I have completed my 

Associate's degree in computer science and I am four semesters away from 
completing my bachelor degree in computer science.  I'm in desperate need for 
funds, and would greatly appreciate the upgrade to "Honorable Discharge" so I 
can take advantage of my MGIB  (tuition benefit) that I invested $100.00 a month 
for the first year of active duty I served.  I thank you in advance for your 
consideration and time.  My family and I (wife and 2 boys) would greatly 
appreciate the opportunity to provide the best possible life for present and 
future goals set forth.  Thank you again and Happy Holidays! 

ATCH 
None. 

e 

DEPARTMENT OF THE AIR FORCE 
HEADWARTEM WlST MWLE WINO (AFSPC) 

IwMORANDUM FOR 74 1 SPS 

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ATTN:  Amj .................... 

FROM:  741 SPSICCQ 

SUBJECT: Notification Memorandum - ~ -

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1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and MI 36-3208, Section H, paragraph 
5.49.  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 reasons for this action are: 

a.  On 24 Mar 96, you failed to be available to receive direction regarding being posted for 

assignment between the hours of 1800-to-1900, as per flight policy.  For this misconduct you 
received a Letter of Counseling (LOC) on 28 Mar 96. 

b.  On 15 Apr 96, you failed to report to duty on time.  For this misconduct you received a 
Letter of Reprimand (LOR) on 19 Apr 96.  This letter was placed in your existing Unfavorable 
Mormation File (UP). 

c.  On '17 Apr 96, you failed to report to duty on time.  For this misconduct you received an 

LOR on 23 Apr 96.  This letter was placed in your existing UIF. 

d.  On 24 Jun 96, on divers occasions, you absented yourself from your place of duty at 

which you were required to be, to wit:  Building 770 for a UCMJ Briefing and Building 1240 for 
AFRAT testing.  For this misconduct you received an Article 15 on 2 Jul96 which included a 
suspended reduction to airman basic, forfeiture of $100.00 pay for one month,  and seven days 
correctional custody,  This Article 15 was placed in your existing UIF. 

e.  On 25 Nov 96, you failed to go to an "It's  your move"  appointment being held at the 

NCO Club.  For this misconduct you received an LOR on 12 Dec 96.  This letter was placed in 
your existing UIF. 

f.  On  10 Mar 97, you failed to conduct your 360 degree with 300 meter visual assessment 

before entering a site.  For this misconduct you received an LOC on 13 Mar 97. 

r  - -  

g.  On or about 7 

you absent y6urselffmm your place 

at which you were 
required to be, to wit:  Budding 500 for a Security Escort Team run.  For this misconduct you 
received an Article 15 on 17 Apr 97 which included reduction to the grade of airman, with a new 
date of rank of 17 Apr 97 and restriction to Malmstrorn AFB, MT  for 14 days.  This Article 15 
was placed in your existing UIF. 

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 your service will be characterized as General. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you  o consult the Area Defense Counsel, 6944 Goddard Drive, 

at  0 7 &d 

. YOU may consult civilian 

Bldg 160, Room 6 on 3 % -&; / 

counsel at your own expense. 

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 
and receive an extension for good cause shown.  I will send theh to the separation authority. 

\  h/\&  4 7  unless you request 

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 must receive a medical examination.  You are scheduled for a medical examination at the 
hours. 
341 st Medical Group Physical Examination Section on.+= 
You )MUST be in uniform for this appointment. 

$ 7 at  0 ?J 

7.  Any personal idonnation you f%rnish in rebuttal is covered by the Privacy Act Statement a s  
explained in AFI 36-3208, Atch 6.  A copy of AFI 36-3208 is available for your use at your 
Orderly Room. 

C . . - . - . . . . - . - . . . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r n  

Squadron Section Commander 

Attachments: 
1.  Supporting documents: 

a.  LOC, 28 Mar 96 
b.  LOR, 19 Apr 96 
c.  LOR, 23 Apr 96 
d.  Article 15,2 Jul96 
e.  LOR  12 Dec 96 
f.  LOC, 13 Mar 97 
g.  Article 15, 17 Apr 97 

2.  Airman's  Receipt of 

Notification Memorandum