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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 -
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YES
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PERSONAL APPEARANCE
A l C
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RECORD REVIEW
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N4ME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COIINSb I
MEMBER SITTING
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GEN
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&THC
I OTHER
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DENY
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VOTE QI THE BOARD
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1
2
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EXHIBITS SUBMITTED TO 'l"HE BOARI)
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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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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,
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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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The records indicated the applicant received three Article 15s, five Letters of Reprimand, and five Records of Individual Counseling for misconduct. That was when, due to my actions, the paperwork was started to discharge me Under Honorable Conditions h m the Air Force. For this incident, you received a Record of Individual Counseling, dated 2 Apr 02. g. On or about 27 Sep 0 1, you failed to pay your debt when you uttered a check for $1700.00 and did not have sufficient funds to honor that check.
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1 have reviewed the proposed discharge action case file and find it legally ~ ~ c i e n t support a decision to separate A1 C L - - - - - -_ - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ; 2 CES with an under honorable conditions (general) discharge as soon as he is found medically fit for separation. As a result, he received a Letter of Counseling dated 16 Mar 05. d. The respondent, did, at or near Barksdale Air Force Base, Louisiana, on or about 29 Oct 04, fail to...
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AF | DRB | CY2007 | FD2007-00011
'The Vacation action for failure to go resulted in a forfeiture of pay. 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. On 23 Mar 05, you showed up for a firing appointment unshaven, As a result, you received a LRtter of Reprimand (LOR) on 24 Mar 04 (Tab 1-2).
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AF | DRB | CY2006 | FD2005-00378
The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on December 8, 1997) that he understood he must receive an Honorable discharge to receive future educational entitlements. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. If you are discharged, you will be ineligible for reenlistment in the Air Force, and any special pay, bonus, or education assistance finds may be subject to recoupment.