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AF | DRB | CY2006 | FD2005-00499
Original file (FD2005-00499.pdf) Auto-classification: Denied
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1  NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE  GEN - ,. , , , , 
No  - 
X 

YES 

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I 

PERSONAL APPEARANCE 

A l C  

X 

RECORD REVIEW 

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N4ME OF COUNSEL AND OR ORGANIZATION 

ADDRESS  AND OR ORGANIZATION OF  COIINSb I 

MEMBER SITTING 

HON 

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GEN 

"* 

&THC 

I  OTHER 

I 

DENY 

-, 

, , 

VOTE QI THE BOARD 

X 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO 'l"HE BOARI) 

. 

ORDER .APPOINI ING '1'1  II:  HOARD 
APPLICATION  FOR  REVIIW C)F  1)ISCtiAKGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO TJ,JE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

'TAPE KECOKDING  OF PERSONAL APPEAKANCE  l iE 

HEARING DATE 

CASE NUMBER 

14 Sep 2006 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISIONAL RATlONhL ARE DISCCSSED ON THt ATTACHFI)  AIR  FORCE DISCHAROE REVIEW BOARD DECISIONAL R4TlONME 

FD-2005-00499 

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I 

I 

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 

SAFIMKHR 
550 C STREET WEST, SLJI'IE 30 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY O F  THE AIR  FORCE PERSONNISI. COUNCIL 
AIR FORCE DISCIIARCE REVIEW  BOARD 
1535 COMMAND DR. EE WING. JRD FLOOR 
ANDREWS AFB, MU 20162.71102 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00499 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article 15's, five Letters of Reprimand, two Letters of Counseling, and a Record of 
Individual Counseling for misconduct.  The applicant was administratively disciplined for multiple 
infractions for failure to go and being late for work.  He was further disciplined with an Article 15 for 
sleeping on his post.  He was punished with a restriction to Barksdale AFB for 30 days and 15 days of extra 
duty.  His second Article 15 was for unlawfully grabbing an airman on her body with his hand.  He was 
reduced in grade to airman first class and 30 days of extra duty.  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 mernbcrs.  'She 
characterization of the discharge received by the applicant 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 

DEPAR'IlfENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE'REVIEW BOARD 

---------------------------. 

ANDREWS AFB, MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Barksdale AFB, LA on 5 
Nov 04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 4 May 82.  Enlmt Age: 19 7/12.  Disch Age: 22 6/12. Educ: WS  DIPL. 

AFQT: N/A.  A-63,  E-65,  G-44,  M-33. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 14 Aug 01. 

b.  Prior Sv: (1) AFRes 8 Feb 01 -  5 Mar 01 (28 days)(Xnactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Mar 01 for 6 yrs. Svd: 03 Yrs 08 Mo 00 Das, all AMS. 

b.  Grade Status:  A1C -  04 Oct 04  (Article 15, 04 Oct 04) 

SrA -  20 Aug 03 
A1C -  20 Apr 01 

c.  Time Lost:  None. 

d.  Art 1 5 ' s :  

(1) 04 Oct 04, Barksdale AFB, LA -  Article 128.  You, did, 

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

on or about 21 Aug 04, unlawfully grab A1C 1 ----------------; 
I - - - - - - - - -  : on her body with your hand.  Reduction to AlC, and 
'. -. . . . -. .I 
30 days extra duty. (No appeal)  (No mitigation) 

(2) 10 Dec 02, Barksdale AFB, LA -  Article 113.  You, on or 
about 15 Nov 02, while posted as a sentinel at Venom 2, 
Weapons Storage Area, were found sleeping upon your 
post.  Suspended reduction to AB.  Restriction to the 
limits of Barksdale AFB, L A  for 30 days, and 15 days 
extra duty. (No appeal) (No mitigation) 

e.  Additional: CR, 16 NOV 02 -  Continuing lateness for work. 

LOR/UIF, 07 NOV 02 -  Late for work. 
LOR, 20 OCT 02 -  Late for work. 
LOR/UIF, 12 MAR 02 -  Failure to maintain control of 

equipment required in the performance 
of duties. 

RIC, 07 MAR  02 -  Failure to maintain control of equipment 

required in the performance of duties. 

LOR/UIF, 08 FEB 02 -  Failure to go. 
LOCI 25 JAN 02 -  Failure to go. 
LOR, 08 JAN 01 -  Failure to go. 

LOC, 05 JAN 01 -  Failure to go. 

f.  CM:  None. 
g.  Record of SV: 6 Mar 01 -  5 Nov 02  Barksdale AFB  5  (Initial) 

6 Nov 02 -  5 Nov 03  Barksdale AFB  3  (Annua1)REF 

h.  Awards &  Decs :  AFTR, NDSM, AFESR, AFOUA. 

i.  Stmt of Sv:  TMS: (03) Yrs  (08) Mos  (29) Das 
TAMS:  (03) Yrs  (08) Mos  (00) Das 

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

(Change Discharge to Honorable) 

Issue 1:  The discharge I got is improper because the incident that caused 
it was not that severe and 1 day after it happened, my significant other and I 
were back together, 3 months later on October 4th  2004, we got married and in 
March 2005, we had a daughter.  My wife begged the 2 SFS Squadron Commander to 
not discharge me.  I had overcome the cause of my improper discharge very soon 
after the incident. 

ATCH 
l..  Character Reference. 
2. Marriage License. 
3. Training Certificate 
4. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D BOMB WINO 

BARKSDALE AFB, LOUISIANA 711 10 

FROM:  2 SFS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United-States Air Force for misconduct:  minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation ofAirmen, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  Myreason for this action is; 

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

a.  On 2 1 Aug 04, you unlawfully grabbed Airman ~ i r s t  class [ ------------------: 

:on her body 

with your hand.  For this incident, you received Nonjudicial Punishment, dated 4 Oct 04. 

b.  On  15 Nov 02, while posted  as sentinel in the Weapons storage Area (WSA), you were 

found sleeping on duty.  For this incident, you received Nonjudicial Punishment, dated 10 Dec 02. 

c.  On 7 Nov 02, you failed to go at the time prescribed to your appointed place of duty.  For this 

incident, you received a Letter of Reprimand, dated 7 Nov 02. 

d.  On 19 Oct 02, you failed to go at the time prescribed to your appointed place of duty.  For 

this incident, you received a Letter of Reprimand, dated 20 Oct 02. 

e.  On  I2 Mar 02, you failed to maintain control of your assigned weapon ammunition by 

leaving three 30-round magazines in your "A"  bag, which was left unsecured in the bed of a truck. 
For this incident, you received a Letter of Reprimand, dated 12 Mar 02. 

. 

f.  On 7 Mar 02, you failed to maintain control of your assigned weapon by leaving it unsecured 
in a corner of the guard mount room and not properly slung over your shoulder.  For this incident, 
you received a Record of Individual Counseling. dated 7 Mar 02. 

g.  On 7 Feb 02, you failed to go at the time prescribed to your appointed place of duty.  For 

this incident, you received a Letter of Reprimand, dated 8 Feb 02. 

h.  Between on or about 17 Jan 02 and on or about  24 Jan 02, you failed to go at the time 

prescribed to a mandatory appointment,  In addition, you  failed to noti@ anyone of your conflict 
with this appointment.  For these incidents, you received a Letter of Counseling, dated 25 Jan 02. 

i.  On 3 Jan 02, you failed to go at the time prescribed to a mandatory makeup QC training. 

This was the second QC study session that you had missed.  For tbis,incidenf, you received a Letter 
of Reprimand, dated 8 Jan 02. 

j.  On 3 Jan 02, you failed to go at the time prescribed to your mandatory QC training, For this 

incident, you received a Letter of Individual Counseling, dated 5 Jan 02. 

, at 

3.  You have the right to consult counsel.  Military legq!gyf!sq!h~begfigbtained to assist you.  I 
bt  Bldg. 47 14, Third 
have made an appointment for you to consult Captain! --------------- 
hours.  You may consult crv~l~an counsel at your own 
Floor, on 
expense, 
4.  You have the right to submit statements in your own waif. Any statements you want the 
separation authority to consider must reach me by 
unless you request and 
receive an extension for good cause shown. 1 will s t h e m  to the separation authority. 

flc/ dj 

- - z - 7   r - -  

5.  If you fail to consult counsel or to submit statements i n  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 m  st report to 2d  Medical Group, 
243 Curtiss ~ d . ,  suite 100 on 
medical records to appointments.  a I oc  cq 

-, at  lob-. /A,., r'~Rours for the eminntion.  Bring 

rjv*\)( 2 CF,, 

fi~k;~, 

,&y 
).?3L' 

7.  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 at AF PUBS site. 

8.  Execute the attached acknowledgment an(-return-it to-me.immediat&a..  -. -. . . . -. - ., 

Attachments: 
I.  Receipt of Notification Msmorandum 
2.  Supporting Documents 



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