NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPK  GEN 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OH ORGANIZATION 

X 
ADDRESS AND OR ORCANIZA I ION O F  COUNSEL 

RECORD REVIEW 

YES 

No 
X 

I 

I 

MEMBER SlTTING 

--, 

HUN 

*, 

I 

VOTE OF THE BOGeD 
- " .   2 

I  UOTHC  T  O.I.HER 

^;EN 

I 

DENY 

ISSUES  A94.53 
A95.00 
A01 .OO 

- 

1SL)EX  NUMBER 

- - - . . - - 
Ah7.10 

I 

I 

I 

I 

I 
EXHIBITS SUBMITTED T O  'THE BOARD 

I  ORDER APPOINTING; 'I'H E BOARD 

I 1 
2  1  APPI.IC'A.I'ION  I'OK  REVIEW O F  DISClIARCiE 
3  1 

I.F.'I"I'ER OF NOTIFICAI'ION 
BRIEF O F  PERSONNEL  FILE 

HEARING  DATE 

CASE NUMBER 

PERSONAI, APPtARANCE 

28 Jul2006 
APPLICANT'S ISSIIE AND THEBO~RD'S DECISIONAL RATIONN ARE DISCUSSED ON THE AT'IACHED AIR  FORCE DISCHARGE REVIEW B V A W  IJECISIONM  RATION.4l.L 

FD-2005-00483 

I 

I 

I 

1 

I 

I 

Case heard at Washington, D.C. 

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

SAFIMKBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFR, TX 78 150-4742 

I 

-.  auL,  *v 

+. 

, 

DATE:  7/31B006 

+  --- 

SECRETARY O F  TIlE AIR  FORCE PERSONNEL COUNCII. 
AIR FORCE DISCHARGE REVIEW  BOAKD 
1535 COMMAND DR. EE WING, 3RD FI.OOH 
ANDREWS AFR, MD 20762-7002 

/  FROM: 

I 

- 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NIIbIBER 

FD-2005-00483 

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

The applicant was ofkred a personal appearancc 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 is denied. 

The Board iinds the applicant subnlitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

Issue 1.  The applicant submitted no issues and requested that the review be completed based on the 
available service record.  The records indicated the applicant received an Article  15 and a Letter of 
Reprimand for misconduct.  The Article 15 was for being derelict in the performance of duties for failing to 
refrain from drinking alcohol while under the age of 21 and failure to go at the time prescribed to appointed 
place of duty.  As a result, he was reduced to airman basic, as suspended forfeiture of pay and restriction to 
Malmstrom AFB for 60 days.  He also received a Letter of Reprimand for being late to work.  The DRB 
opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the miscoilduct 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. 

If he can provide additional doculnented inforination lo substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance belbre the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant sl~ould be prepared to provide the DRR  with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 Hrief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AMN) 

r-....-.-..-.-....--------J 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Malmstrom AFB, MT on 4 
Mar 05 UP AFI  36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals  for Honorable Discharge, 

2.  BACKGROUND: 

a. DOB: 23 Feb 85.  Enlmt Age: 18 7/12.  Disch Age: 20 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-99,  E-97,  G-99,  M-97. PAFSC: 2M032 -  Missile and Space Systems 
Maintenance Apprentice.  DAS: 19 Oct 04. 

b.  Prior Sv:  (1) AFRes 8 Oct 03 -  26 Apr  04  (6 months  19 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Apr 04 for 4 yrs. Svd: 00 Yrs 10 Mo 08 Das, all AMS. 

b.  Grade Status:  AB -  22 Dec 04  (Article 15, 22 Dec 04) 

Amn -  27 Oct 04 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 22 Dec 04, Malmstrom AFB, MT -Article 92.  You, who 

knew or should have known of your duties, on or about 10 
Dec 04, were derelict in the performance of your duties 
in that you willfully failed to refrain from drinking 
alcoholic beverages while under the age of 21, as it was 
your duty to do.  Article 86.  You, did, on or about 10 
Dec 04, without authority, failed to go at the time 
prescribed to your appointed place of duty.  Reduction 
to AB.  Suspended forfeiture of $250.00 pay per month 
for 2 months.  Restriction to Malmstrom AFB, MT for 60 
days.  (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 10 DEC 04 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (04) Mos  (27) Das 
TAMS:  (00) Yrs  (10) Mos  (08) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Dec 05. 

(Change  D i s c h a r g e   t o   H o n o r a b l e )  

NO ISSUES SUBMITTED 

ATCH 
1.  C h a r a c t e r   R e f e r e n c e s .  

DEPARTMENT OF THE AIR F 

HEADQUARTERS 341ST SPACE WING (AFSPC) 

MEMORANDUM FOR 341 SWICC 

FROM:  341 SWIJA 
SUBJECT:  ,Legal -R-zvi~, -Administrative Discharge Action - ABi 
1. I have reviewed the administrative discharge action against AB -------------------: 

I - - - - - - - - - - - - - - - - - - -  : The file is 
legally sufficient to process the discharge.  For the reasons cited in this review, 1 concur with the 
recommendations of the commander. 

,-------------------. 

b..-..-..-.-..-..-..' 

2.  FACTS: 

------- 

a.  On 10 Dec 04, AB i .-.-..- 

!arrived at work 3.5 hours late.  This was the third failure to 

report in eight days and resulted in a letter of counseling and verbal reprimand.  For the third failure 
to show up for duty on time, he received a letter of reprimand (LOR) dated 10 Dec 04. 

b.  On 10 Dec 04, he willfully failed to refiain from drinking alcohol while under the age of 
2 1.  For this misconduct, he received an Article 15 dated 22 Dec 05 with a punishment consisting of 
reduction to A h a n  Basic, forfkiture of $250.00 pay per month for 2 months (suspended) and 
restriction to Malmstrom AFB for 60 days. 

c.  The Respondent consulted military legal counsel and affirmatively declined to submit a 

statement in his own behalf (Tab 4, Atch 3--see red marker). 

3.  DISCUSSION: 

a.  According to AFI 36-3208, para 5.49, airmen are subject to discharge for misconduct 

based on minor disciplinary infractions involving failure to comply with nonpunitive regulations or 
minor offenses under the UCMJ.  Infkactions of this type result, as a rule, in either informal or 
formal counseling, letters of reprimand, or Article 15 nonjudicial punishments.  Respondent's LOC, 
verbal reprimand, LOR and Article 15 are the type of infractions contemplated by the instruction. 
Therefore, there is sufficient evidence to discharge Respondent under AFI 36-3208, para 5.49, for 
minor disciplinary infiactions. 

b.  AFI 36-3208, Table 1.3 and para 5.49, provide that if the reason for discharge is for 

minor disciplinary infiactions, the types of separation authorized are: honorable, general, or under 
other than honorable conditions (UOTHC) discharge. 

c.  There is sufficient evidence to support Lt Col ! ---------------- i recommendation for the 
Respondent's general discharge, under honorable conditions, for minor disciplinary infiactions 
without an offer of probation and rehabilitation.  A general discharge is warranted when significant 

FOR OFFICIGZ, USE ONLY 

Guardians of the High Frontier 

negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the 
airman's military record.  A general discharge is appropriate in this case because the negative 
aspects of the Respondent's  conduct, evidenced by his LOC, verbal reprimand, LOR and Article 15, 
outweigh any positive aspects of his military record. 

4.  OPTIONS: 

a.  Approve a general discharge, under honorable conditions, for minor disciplinary 

infractions with or without probation and rehabilitation. 

b.  Disapprove the discharge action and order retention of Respondent. 

c.  Recommend to 20 AFICC that Respondent receive an honorable discharge for minor 

disciplinary infiactions IAW AFI 36-3208, paragraph 5.49, with or without probation and 
rehabilitation. 

d.  Return the case file to the unit in order to pursue an under other than honorable 

conditions (UOTHC) discharge against the Respondent. 
5.  RECOMMENDATION: I recommend you discharge AB L - - - - 
minor disciplinary infractions with a general discharge, under 
probation and rehabilitation, as recommended by Lt Col : 

1 - - - - - - -  

L.-..-..-....-. 

i 

IAW 36-3208, para 5.49, for 

, - - - - - - - - - - - - - -  

honorable conditions, without 

.----------------------------------------------------. 
NCOIC, Civil Law 

I concur. 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m  

Staff Judge Advocate 

Att~chlent:  , . -. . -. -. . . 
Case File - AB i . . . - . . - . . -' 

FOR OFFICIAL USE ONLY 

Guardians of the High Frontier 

@  DEPARTMENT OF THE AIR &cE 

HEADQUARTERS 341ST SPACE WlNG (AFSPC) 

MEMORANDUM FOR 341 MMXS (ATTN: AB; 
FROM:  341 M M X S / C C ~  C//il 

I - - - - - - - - - - - - - - - - - -  

3 

SUBJECT: Notification Memorandum 

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 AFI 36-3208, 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 tbis action are: 

a.  On 10 Dec 04, you arrived at work 3.5 hours late.  For this misconduct, you received a 

letter of reprimand (LOR) dated 10 Dec 04. 

b.  On 10 Dec 04, you were derelict in the performance of your duties in that you willllly 

failed to refrain h m  drinking alcoholic beverages while under the age of 21 and you failed to go 

,  at the time prescribed to your appointed place of duty which was building 1440. For this 
misconduct, you received an Article 15 dated 22 Dec 05 with a punishment consisting of 
reduction to airman basic, forfeiture of $250.00 pay per month for 2 months (suspended) and 
restriction to Malmstrom AFB for 60 days. 

3,  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

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 the Area Defense Cowsel, ~4723,7015 Goddard 
. You may consult civilian 
Drive, Bldg 145, Room 144 on  IS& 
counsel at your own expense. 

at  196d 

d 

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 COB  /&  & ~
(3 duty days) unless 
d
you request and receive an extension for good cause shown.  I will send all submitted statements 
to the separation authority. 

o

 

FOR OFFICIAL USE ONLY 

Guardians of the High Frontier 

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 have been scheduled for a medical examination.  You must report to the 341st Medical 
Group Force Health Management Section, x4405, at 
for 
the examination. You MUST be in uniform for this appointment.  If you wear glasses, you must 
also bring them to this appointment. 

hours on 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, Administrative Separation ofAirmen, is available for your use at your 
orderly room. 

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

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

Commander, 341 st Missile Maintenance Squadron 

Attachments: 
1.  Supporting documents: 

a.  UIF Summary 
b.  LOR dated 10 Dec 04 
c.  Article 15 dated 22 Dec 04 
d. Docwnents in Attachment 6 

2.  Airman's Receipt of Notification Memorandum 

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FOR OFFICIAL USE ONLY