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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE  GEN 
CoUNSEL 

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PERSONAL APPEARANCE 

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RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

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ISSUES  A94.05 

INDEX NUMBER 

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A67.10 

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EXHIBITS SUBMITTED TO THE BOARD 

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1 
ORDER APPOINTING THE BOARD 
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APPLICATION FOR REVIEW OF DISCHARGE 
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LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

1  COUNSEL'S  RELEASE TO THE BOARD 

PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

24 Aug 2006 
APPLICANT'S ISSUE kVD THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED Oh' THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00495 

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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 application to the AFBCMR 

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

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SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

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IREORSEMENT 

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DATE:  ~28/2006 

. 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00495 

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

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 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:  Applicant  received  a general  discharge for misconduct due to minor  disciplinary infractions.  He 
infers  his  discharge was  too  harsh  because  he  was  detained  in  correctional custody and  was  held  without 
cause.  He  claims  this  was  stemming  from  retaliation  after  he  filed  an  Inspector  General  complaint 
concerning how he  was being  mistreated,  harassed  and the  difficulties he  was  having  with  his  credibility. 
After  a  thorough  and  complete  consideration  of  the  information  submitted  by  the  applicant,  the  DRB 
completed  a records review  and  determined  the  applicant received  four Letters of Reprimand  (LOR's),  an 
AETC  Form  173, Student  Record  of Academic/Nonacademic Counseling and  Comments, and  a  Letter  of 
Counseling  (LOC) for misconduct. 
In July  1996, the applicant received  a LOC for being late to formation 
twice  and  talking.  This was  followed  by  an  AETC  Form  173 for  failing  to  shave  and  failure  to  follow 
instructions.  In  a three month period  beginning  August  1996, the applicant  received  four LOR's  for sexual 
harassment;  possession  and  use  of  marijuana;  missing  movement  and  violation  of  squadron  policy 
concerning unauthorized visitors in his dormitory room.  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. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB 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 Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr.USAF Lackland AFB, TX on 12 
Dec 96 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Mar 76.  Enlmt Age: 19 9/12.  Disch Age: 20 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-68,  G-68,  M-48. PAFSC: 3POll -  Security Helper. 
DAS: 10 Jun 96. 

b.  Prior Sv: (1) AFRes 5 Dec 95 -  17 Apr 96 (4 months 12 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  18 Apr 96 for 4 yrs. Svd: 00 Yrs 07 Mo 27 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 13 NOV 96 -  Violation of squadron policy concerning 

unauthorized visitors in dormitory room. 

LOR, 25 OCT 96 -  Missing Movement. 
LOR, 04 OCT 96 -  Possession and use of marijuana. 
LOR, 14 AUG 96 -  Sexual harassment. 
AETC 173, 18 JUL 96 -  Failure to shave, and failure to 

LOCI 15 JUL 96 -  Late to formation twice and talking. 

follow instructions. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (00) Mos  (08) Das 
TAMS: (00) Yrs  (07) Mos  (27) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Nov 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Drug Test Results. 
3.  Proposed Separation Letter, 31 Oct  96. 
4. DD Form 214. 
5. Photo. 

I-. 

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DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION ANDTRAINING COMMAND 

MEMORANDUM FOR ABI 

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

1 343 TRS 

FROM: 343 TRS/CCQ 

SUBJECT:  Addendum to Notification Memorandum 

1.  I am still recommending your discharge fiom the United States Air Force for Minor 
Disciplinary Idbctions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
Paragraph 5.49. My reasons for the recommendation are the same as in the notification 
Memorandum dated 1 1 Sep 96, but it also includes the additional reasons as indicated in 
Paragraph 2 below.  If my recommendation is approved, your discharge. will be described as 
Honorable or Under Honorable Conditions (General).  I am still recommending a discharge 
characterizaion of Under Honorable Conditions (General). 

2.  My additional reasons for this action are: 

a.  On or about 25 Oct 96, you were missing fiom the 3 19th Training Squadron from 1100 

hours until 1600 hours, for which you received a Letter of Reprimand dated 25 Oct 96. 

b.  On or about 9 Nov 96, you were in a dormitory room with your girlfiend, your brother, 
and a dog, in violation of squadron policies concerning unauthorized visitors in the dormitory, 
for which you received a Letter of Reprimand dated 13 Nov 96. 

3.  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 Counsel (ADC) at Bldg 7024 
. You may consult civilian counsel at 
2nd floor on  A?- 
your own expense. 

at  MOO 

4.  You have the right to submit statements in your own behalf.  Any statement  you want the 

separation authority to consider must reach me by (allow 3 workdays) a do 46  unless 

you request and 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.  Any personal information youfurnish in rebuttal is-covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the Unit Personnel Office. 

DEPARTMENT OF THE AIR FORCE 
AIR LLDUCAM)N  AND TRAININB COMMAND 

FROM: 343 TRS/CCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct, Minor 
Disciplinary Infractions.  The authority for this action is AFPD 3632 and AFI 36-3208, 
Paragraph 5.49.  If my recommendation is approved, your service will be characterized as Under 
Honorable Conditions (General).  I am recommending that your senrice be characterized as 
Under Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  On or about 15 Jul96, you showed a lack of responsibility by being late to formation 

twice and for talking, for which you received a Letter of Counseling dated 15 Jul96. 

b.  On or about 16 Jul96, you failed to shave before class.  On or about 17 Jul96, you forgot 
to bring your gloves to training.  On 18 Jul96, you failed to fall out with a canteen full of water 
as you were instructed.  For these incidents, you were counseled on an AETC Fm 173 dated 
18 Jul96. 

c.  On or about 14 Aug 96, you touched ABc::--::::--::-' 

: in the face, in a way that was 

offensive to her, for which you received a Letter of Reprimand dated 14 Aug 96. 

- 

d.  On or about 25 Aug 96, you asked another airman to join you in smoking marijuana and 
showed him a hand-rolled cigarette.  You smoked it in front of him and other peers and a drug 
detector dog sensed a recent presence of illegal drugs in your dormitory room, for which you 
received a Letter of Reprimand dated 4 Oct 96. , 

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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

3.  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 Counsel (ADC) at Bldg 7024 
. You may consult civilian counsel at 
2nd floor o n d  z N o  v 4 6 at  0400 
your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements10 
'9  fit?& 
psi 
separation authority to consider must reach me by (allow 3 workdays) 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

ant the 

- unless 

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.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1 974.  A 
copy of AFI 36-3208 is available for your use in the Unit Personnel Office. 

7.  Execute the attached acknowledgment and retum it to me immediately. 

C - - , - - - - - - - - - - - - - - - - - - - - , - - - - - - , , , - - - - , , , , - - - - - - - - - - - - - - - - '  

Squadron Section Commander 

Attachments: 
1.  Letter of Counseling, dated 15 Jul96 
2.  AETC Fm 173, dated 18 Jul96 
2.  Letter of Reprimand, dated 14 Aug 96 
3.  Letter of Reprimand, dated 4 Oct 96