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1  TYPE  GEN 
I  No 
1  YES 

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I x 

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( 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

FIRST MIDDLE INITIAL) 

GRADE 

PERSONAL APPEARANCE 

I  RECORDREVIEW 

I 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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I 
I 

MEMBER SITTING 

HON 

GEN 

VOTE OF THE BOARD 

I  UOTHC 

w 

I  OTHER 

I  DENY 

.--------------------------------. 
ISSUES  A94.53 
A93.01 

A67.10 

INDEX NUMBER 

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E-mS 

I 
sm- 

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TO THE BOARD 

1 

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 

HEARING DATE 

CASE NUMBER 

TAPE RECORDlNG OF PERSONAL APPEARANCE 

1  25 Apr 2006 

I  FD-2005-00497 

I 

I 

I 

I 

APPLICANT'S ISSUE AND THE BOARD'S DECISIOKAL RATlOKhL ARE DISCUSSED OK  THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATI0NAI.E 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

X = Upgrade of discharge, Change of Reason and Authority and Change of RE Code are denied 

- 

A 

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

SECKETARY OFTHE AIK FORCE YERSOPI>EL C o u n c I L  
AIR FORCE DISCHARGE KEVIEIV B O W  
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-2005-00497 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 25 Apr 2006. The applicant's father also testified on the applicant's  behalf.  No additional 
exhibits were submitted at the hearing. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment  code are 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: 

Issue 1.  The applicant cited his desire to attend college, earn a commission in the medical field and serve 
with either the Air Force or the Navy.  The DRB noted the applicant's desires but concluded that his desire 
standing alone was not a matter of inequity or impropriety which would warrant an upgrade. 

Issue 2.  Although not explicitly stated the applicant suggested that his misconduct was a result of his youth 
and immaturity.  There is no evidence he did not know right from wrong and although there was some 
indication from the applicant that communication problems or conflicts with his supervisor existed, the 
applicant also stated that this did not cause or provide a justification  for his misconduct.  The Board opined 
the applicant was just  as old as the vast majority of first-term members who properly adhere to the Air 
Force's  standards of conduct and concluded that the characterization of the applicant's discharge was 
appropriate due to the misconduct. 

Issue 3.  The applicant suggested that he did not receive probation and rehabilitation or sufficient command 
assistance to overcome his difficulties.  The DRB, however, concluded that there was sufficient pre- 
processing rehabilitation  of the applicant, that the applicant failed to reach out for assistance and that the 
command otherwise acted appropriately in his discipline and discharge. 

Issue 4.  Finally, the applicant stated that the commander's legal review wrongfully stated that he had hit an 
aircraft on the flight line and failed to report the incident.  The DRB reviewed the case file and saw no other 
documentation for this incident other than the reference in the legal review and considered the reference to 
be error.  However, the DRB determined that the error was not prejudicial as it believed that the discharge 
would have remained the same if the error had not been made. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Eglin AFB, FL on 17 May 
02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

I 

2.  BACKGROUND: 

a. DOB: 1 Feb 82.  Enlmt Age: 18 6/12.  Disch Age: 20 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-37,  G-36,  M-37. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 4 Dec 00. 

b.  Prior Sv:  (1) AFRes 28 Apr 00 -  27 Jun 00 (2 months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Jun 00 for 6 yrs. Svd: 01 Yrs 10 Mo 20 Das, all AMS. 

b.  Grade Status:  AMN -  22 Apr 02 (Article 15, 22 Apr 02) 

A1C -  11 A u ~  00 

c.  Time Lost:  None. 

d.  Art 15Is:  (1) 22 Apr 02, Eglin AFB, FL -  Article 86.  You did, on or 

about 26 Mar 02, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 251.  You did, on or about 27 Mar 02, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: Building 272. 
Reduction to Airman, 30 days restriction to Eglin AFB, 
FL, and 30 days extra duty.  (Appeal/Denied) (No 
mitigation) 

e.  Additional: CR, 15 MAR 02 -  Pattern of Misbehavior. 

LOR/UIF, 27 FEB 02 -  Failure to obey a direct order. 
LOR/UIF, 25 JAN 02 -  POV accident and Operating a motor 
vehicle without proper insurance. 
LOCI 02 APR 01 -  Reporting to duty in the wrong uniform on 

two occasions. 

LOR, 11 JUL 01 -  Failure to report to duty at the 

appropriate time on two occasions. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (00) Mos  (20) Das 
TAMS: (01) Yrs  (10) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 21 Dec 05. 

(Change Discharge to Honorable) 

Issue 1:  Plan on attending college and earning a commission to become an 

officer in the medical field of the Navy. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORC C 

HEADQUARTERS B6TH AIR  BASE WING (AFMC) 

EGLlN AIR FORCE BASE FLORIDA 

FROM:  % SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically 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, general, or under other than honorable conditions.  I am 
recommending that your service be characterized as g e n e r w  

2.  My reasons for this action are: 

a.  On 10 Jul01 and 1 1 Jul01, you failed to report to duty.  For these offenses you received a Letter 
of Reprimand, dated 1 1 Jul 0 1. 

b.  YOU failed to obey a lawful order issued by MSgt : - - - - - - - - - - - - - - - - - a  
Wednesdays all personal assigned within the Support Group are to wear BDUs.  On 28 Feb 01 and 28 
Mar 01, you failed to report to duty to in proper uniform.  For these offenses you received a Letter of 
Counseling, dated 2 Apr 0 1. 

:that as part of the 96 SPS, on 

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

c.  On  18 Dec 01, you were involved in a POVPOV accident.  You provided the responding Security 
Forces Patrolman invalid insurance information.  Your insurance was terminated in Aug 01 and 
therefore, you were operating a vehicle without proper insurance.  For this offense you received a 
Letter of Reprimand, dated 25 Jan 02, with an Unfavorable Information File and Control Roster 
Entry, dated 4 Feb 02. 

d.  Between 19 Feb 02 and 27 Feb 02, you failed to report to the LRC to study for QC. For these 
offenses you received a Letter of Reprimand, dated 27 Feb,02, with an Unfavorable Information File 
and Control Roster Entry, dated 22 Mar 02. 

e.  On 26 Mar 02 and 27 Mar 02, you hiled to report to duty.  'For these offenses you received an 
Article 15, dated 22 Apr 02 LW' 

3.  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.  Special pay, 
bonuses, 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 Capt: ---------------- ; at building 45 I, 
on 7 May 02 at 0900 hours.  You may consult civilian counsel at your own 

,"".  -.-.- ""., 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
'separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation a u t h o r i w  

6, If you fail.to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do s 0 .

r

 

7.  You will complete a medical examination with the 96th Medical Group on 8 May 02 at 
0715 hours. 

8.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 7 May 02 at 1030 hours.  Immediately after completion of your 961h 
Mission Support Squadron separations briefing report to the 9tith Traffic Management Office 
with a completed AFDTC Form 4 134 or LG?T Office Form B 133 and Authorization Letter 
(provided by Separations) to schedule your TMO pickup.  If you have a TMO pickup it must be 
17 May 02, 

9.  You are required to receive a briefing from the Family Support Center prior to your 
separation.  You were scheduled to receive your Transition Assistant Management Program 
(TAMP) briefing on 14 May 02 at 0800 hours. 

10.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use in your unit orderly r o 0 r n . H  

1 1.  Execute the attached acknowledgment and return it to me immediately. 

----- 

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-------- ---- 

Commander, 96 S R  

Attachments: 
1. '  Supporting Documents 
la. LOR, dated 11 Jul 01 
I b. LOR, dated 2 Apr 01 
lc. LOR, dated 25 Jan 02, with UIF and Control Roster dated 4 Feb 02 
Id. LOR, dated 27 Feb 02, with UIF and Control Roster, dated 22 Mar 02 
le. Article 15 dated 22 Apr 02 
2.  Airman's  Acknowledgment