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NAME OF SKKVICE MEMRER (LAST, FIRST MIDDLE INITIAL)
ALR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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PERSONAL APPEARANCE
T W E GEN
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YES
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GRADE
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NAME OF COUNSEL AND ORORGANIZATION
ADDRESS AND OR ORtiANIZ..AnON OF COUNSEL.
EXHIBlTS SUBMI'ITED TO THE BOARD
1 APPLICATION FOR FUWIEW OF DISCHARGE
1 I ORDER APPOINTING THE BOARD
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3 1
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I.ETTER OF NOTIFICATION
1 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADOII'IONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
I TAPE KECOR1)ING OF PEKSONAI. APPEARANCk I IF.
HEARING 11Al'F.
CASE NUMBER
05 Oct 2006
APPI+I('AWS ISSUfi AND 'I'HEBCIARD'S DECISIONAL RATIONAL ARE DISCVSSED ON THE A l T A t H E D AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2005-00493
Case heard in 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
applicatioil to the AFBCMR
Names and votes will be made available to the applicant at the applicant's request.
X - Upgrade, Reasoil and Authority, and RE Codc
I SIGNA'I'UHE OF HOAHD W;SIDEN'U /
SAFIMRBR
550 C STREET WEST, SUITE 40
SECRETARY OF THE AIR F O R m PERSONNEL COUNCIL
AIR FORCE UlSCHARGE REVIEW HOAHU
1535COMMANU OIL EE WING. 3RU FUK)R
AFtiQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE
CASE NIJMBER
FD-2005-00493
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change reason and authority
for 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 the applicant submitted 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: Applicant received a General discharge for Pattern of Misconduct.
Applicant did not submit any issues. The records indicate that the applicant received two Article 15s, two
Letters of Reprimand, a Letter of Counseling and four Records of Individual Counseling for misconduct to
include failure to obey an order, late for work, failure to properly prepare for career development course test,
failure to go, making a false official statement, and financial irresponsibility. The Board concluded the
misconduct was a significant departure from conduct expected of all military members, found no inequity or
impropriety in his discharge, and concluded the misconduct was appropriately characterized his term of
service. The characterization of the discharge received 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 AB) (HGH AlC)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF Maxwell APB, AL on 15
Jan 03 UP AFI 36-3208, para 5.50 (Pattern of Misconduct). Appeals for Honorable
Discharge, and to Change the RE Code, Reason and Authority Discharge.
2. BACKGROUND:
a. DOB: 27 Sep 78. Enlmt Age: 20 10/12. Disch Age: 24 3/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-65, G-64, M-65. PAFSC: 4J032 - Physical Therapy
Apprentice. DAS: 3 Jan 00.
b. Prior Sv: None
3 . SERVICE UNDER REVIEW:
a. Enlisted as AB 5 Aug 99 for 4 yrs. Svd: 03 Yrs 05 Mo 11 Das, all AMS.
b. Grade Status: AB - 12 Nov 02 (Article 15, 12 Nov 02)
Amn - 27 Mar 02 (Article 15, 27 Mar 02)
ALC - 05 Dec 00
A m - 06 Feb 00
c. Time Lost: None.
d. Art 1 5 ' s : (1) 12 Nov 02, Maxwell AFB, AL - Article 86. You did, at
Montgomery, Alabama, on divers occasions from on or
about 12 Mar 02, until on or about 2 Oct 02, without
authority, fail to go at the time prescribed to your
appointed place of duty, to wit: End Violence
Effectively Now (E.V.E.N), A Violence Intervention
Program, 802 Forest Avenue, Montgomery Alabama.
Reduction to AB. (No appeal) (No mitigation)
(2) 27 Mar 02, Maxwell AFB, AL - Article 91. You, having
received a lawful order from S M S g t n , a
noncommissioned officer, then known by you to be a
noncommissioned officer, to vacate the dormitory
premises, building 697 by 22 Jan 02, an order which it
was your duty to obey, did, on or about 22 Jan 02,
willfully disobey the same. You, having received a
lawful order from TSgt I, a noncommissioned officer,
then known by you to be a noncommissioned officer, to
enroll into the mandatory anger-management-program,
EVEN, an order which it was your duty to obey, did, from
on or about 28 Feb 02, until on or about 6 Mar 02,
willfully disobey the same. Reduction to Airman.
(No appeal) (No mitigation)
e. Additional: LOC, 15 J A N 02 - Financial irresponsibility.
LOR, 03 JUL 01 - Making a false official statement.
RIC, 04 APR 01 - Late for work.
LOR, 18 J A N 01 - Failure to go.
RIC, 23 JAN 01 - Failure to properly prepare for CDC test.
RIC, 01 MAY 00 - Late for work.
RIC, 23 MAY 00 - Failure to obey an order.
f . CM: None.
g. Record of SV: 5 Aug 99 - 4 Apr 01 Maxwell AFB 3 (Initial)
5 Apr 01 - 4 Apr 02 Maxwell AFB 2 (Annua1)REF
h. Awards & Decs: AFOUA W/1 OLC, NDSM, AFTR.
1. Stmt of Sv: TMS: (03) Yrs (05) Mos (11) Das
TAMS: (03) Yrs (05) Mos (11) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 May 05
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
Issue 1: I would like my discharge changed from general to honorable so
that I may join the Navy, as well as continue my eduction.
ATCH
None .
DEPARTMENT OF THE AIR FORCE
HEAOQUARTERS 420 AIR W E WINO (AFTC)
MAXWELL AIR FORCE BASE ALABAMA
FROM: 42 MDOSICC
SUBJECT: Notification Memorandum
1. I am recommending your discharge from the United States Air Force for A Pattern of
Misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5 SO. 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 specific reasons for this action is:
a. On divers occasions from on or about 12 Mar 02, until on or about 2 Oct 02, you failed to
go at the time prescribed to your appointed place of duty, As a result, you received an Article 15
dated 12 Nov 02.
b. On or about 28 Feb 02 until on or about 6 Mar 02, you disobeyed a lawhl order from
TSgt Wood. Also on 22 Jan 02, you disobeyed a lawhl order h m S M S g t l As a result,
you received an Article 15 dated 27 March 02.
c. On or about 1 Jan 02, you failed to pay a just debt. As a result, you received a Letter of
Counseling (LOC) dated 15 Jan 02.
d. On 15 Jun 01, you made and submitted a false official statement. As a result, you
received a Letter of Reprimand (LOR) dated 03 Jul01, and an Unfavorable Information File
(UIF) was established.
e. On or about 4 Apr 01, you failed to go at the time prescribed to your appointed place of
duty. As a result, you received a Record of Individual Counseling dated 4 Apr 01.
t On 11 Dec 00, you failed to go at the time prescribed to your appointed place of duty. As
a result, you received a Letter of Reprimand LOR dated 18 Jan 01.
g. On 4 May 00, you failed to go at the time prescribed to your appointed place of duty. As a
result, you received a Record of Individual Counseling dated 1 May 00.
Copies of the documents to be forwarded to the separation authority in support of this
recommendation arc 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. If you are discharged, you will be ineligible
for reenlistment in the Air Force.
3. You have the right to
I have made an
expense.
4. You have the right to submit statements in your own behalf, Any statements you want the
D ~ c @z unless you request and
separation authority to consider must reach me by
receive an extension for good cause shown. I will send them to the separation authority.
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 have been scheduled for a medical examination, You must report
Examinations Section, 42d Medical Group, Maxwell AFB, Alabama at $3 o on
/ g DCL $r for a physical examination.
7. The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal.
A copy of AFI 36-3208 is available for your use at the Area Defense Counsel's office.
8. Execute the attached acknowledgment and return it to me immediately.
Attachments:
1. Article 15,2 1 Nov 02
2. Article 15,27 Mar 02
3. LOC, 15 Jan 02
4. LOR, 03 Jul01
5. Record of Individual Counseling, 4 Apr 01
6. LOR, 18 Jan 01
7, Record of Individual Counseling, 1 May 00
8. Other derogatory data
a. Record of Individual Counseling, 23 Jan 0 1
b. Record of Individual Counseling, 23 May 00
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