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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 
CowmL 

YES 

Ne 

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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 
4 

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