NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD 

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I 

MEMBER SITTING 

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ISSUES 

A94.05 

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INDEX Nl'.MBER 

Ah7.10 
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HEARING DATE 

14 Sep 2006 

1  FD-2006-00001 

Case heard in Washington, D.C. 

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1  HON-T~:NLIOT 

GiG  DENY- 

VOTE OF THE BOARD 

EXHlBlTS SUBMITTED TO THE BOARD 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEI,  FILE 
COUNSC1,'S RELEASE TO THE BOARD 
ADIIITIONAL EXHIBITS  S(IBM1TTF.D AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL API'EARANCF.  HE 

1 
2 
3 
4 

1 

I 

1 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout 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. 

6 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COIJNCIL 
AIR FORCE DlSCllARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS ARB. MD 2 0 7 6 2 . 7 ~ 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00001 

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: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  The 
records indicated the applicant received an Article 15, a Vacation, a Letter of Reprimand, a Letter of 
Counseling, three Records of Individual Counseling and four Memorandums for Record for misconduct. 
The applicant was disciplined for missing appointments, being late for work, writing a bad check, falling 
asleep while driving, and driving violations.  He was further disciplined with an Article  15 for unauthorized 
use of his government travel card.  He was punished with a suspended reduction in grade to airman basic and 
restriction to Elmendorf AFB for 60 days.  The final disciplinary action leading to his discharge was a 
Vacation action for sleeping on duty.  He was reduced in grade to airman basic.  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. 

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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 26 
Feb 97 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Feb 77. Enlmt Age: 18 9/12.  Disch Age: 19 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-43,  E-63,  G-74,  M-67. PAFSC: 2T231 - Air Transportation 
Apprentice. DAS: 12 Jun 96. 

\ 

b.  Prior Sv:  (1) AFRes 19 Dec 95 -  13 Feb 96  (1 month 25 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 4   Feb 96 for 4 yrs. Svd: 01 Yrs 00 Mo 13 Das, all AMS. 

b.  Grade Status:  AB -  1 Oct 96  (Vacation of Article 15, 31 Jan 97) 

Arnn  -  14 Aug 96 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 31 Jan 97, Vacation, Elmendorf AFB, AK -  Article 92. 
You, who knew of your duties, on or about 13 Dec 96, 
were derelict in the performance of those duties in that 
you failed to remain awake while on duty, as it was your 
duty to do.  Reduction to AB.  (No appeal)  (No 
mitigation) 

(2) 1 Oct 96, Elmendorf AFB, AK -  Article 92.  You, did, at 

or near Chicago, 11, on divers occasions between on or 
about 21 Aug 96 and on or about 27 Aug 96, violate a 
lawful general regulation, to wit:  paragraphs 16 and 
17.1, AFI 65-104, by wrongfully making Automatic Teller 
Machine cash withdrawals and unauthorized purchases not 
related to official travel or travel-related expenses, 
with your Government American Express Card, of a total 
value of $920.39.  Suspended reduction to AB. 
Restriction to Elmendorf AFB, Alaska, for 60 days. 
(No appeal) (No mitigation) 

e.  Additional: RIC, 20 JAN 97 -  Falling asleep while driving. 

LOC, 30 DEC 96 -  Missed appointment. 
MFR, 28 OCT 96 -  Late for appointment and writing a bad 

RIC, 28 OCT 96 -  Late for work. 

check. 

LOR/UIF, 28 OCT 96 -  Missed appointment. 
MFR/UIF, 24 OCT 96 -  Missed two appointments. 
MFR/UIF, 16 OCT 96  -  Parking ticket, financial 

RIC, 08 OCT 96  -  ~ailure to keep Recall Roster information 

irresponsibility, and lying. 

up to date. 

MFR, 27 SEP 96 -  Traffic ticket for failure to have a motor 
vehicle driver's license or a military ID 
Card on his person.  He was driving 
without headlights on, and had a female 
minor in the vehicle after city curfew. 

M F R ,   2 5   JUL  96  -  Missed appointment. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (02) Mos  (08) Das 
TAMS: (01) Yrs  (00) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Dec 05. 

(Change Discharge to Honorable) 

Current discharge was unjustified. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF TKE AIR FORCE 

PACIFIC AIR FORCES 

.................................. 
MEMORANDUM FOR 632 AMSS/TRP (AE$ .................................. 
FROM:  632 AMSSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions, pursuant to 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 your service be characterized as general. 

2.  My reasons fdr this action are: 

a,  On or about 19 Jun 96, you failed to go at the time prescribed to your appointed place of 

duty, as evidenced by a Memorandum for Record (MFR), dated 25 Jul96. 

b.  Between on or about 21 Aug 96 to on or about 27 Aug 96, you wrongfully made 

Automatic Teller Machine cash withdrawals and unauthori~d purchases not related to official 
travel or travel-related expenses with your Government American Express Card, as evidenced by 
an Article 15, dated 1 Oct 96. 

c.  On or about 27 Sep 96, you failed to have on your person a motor vehicle driver's 

license or military identification, drove without headlights on, and had a female minor in the 
vehicle after city curfew hours, as evidenced by an MFR, dated 27 Sep 96. 

,d. On or about 8 Oct 96, you failed to notifL supervisors of changes to the recall roster, as it 

was your duty to do so, as evidenced by a Letter of Counseling (LOC), dated 8 Oct 96, 

e.  On or about 16 Oct and 24 Oct 96, you failed to go at the time prescribed to your 

appointed place of duty, as evidenced by a Letter of Reprimand (LOR), dated 28 Oct 96, and an 
Unfavorable Information File entry, dated 28 Oct 96. 

f.  On or about 16 Oct 96, you demonstrated financial irresponsibility by delivering checks 

drawn fhm a bank account having insufficient funds, as evidenced by an MFR, dated 16 Oct 96. 

g.  On or about 27 Oct 96, you failed to go at the time prescribed to your appointed place of 

duty, as evidenced by an LOC, dated 28 Oct 96. 

h.  On or about 28 Oct 96, you failed to go at the time prescribed to your appointed place of 

duty.  On or about 3 Sep 96, you demonstrated financial irresponsibility by delivering checks 

drawn from a bank account having insufficient funds.  These offenses are evidenced by an MFR, 
dated 28 Oct 96. 

i.  On or about 5 Nov 96, you received a trmc  violation by driving too fast for road 

conditions causing driver to lose control of vehicle, as evidenced by DD form 1408, dated 
5 Nov 96, 

j.  On or about 1 1 Dec 96, you failed to go at the time prescribed to your appointed place of 

duty, as evidenced by an LOC, dated 30 Dec 96, 

1.  On or about 13 Dec 96, you were derelict in the performance of your duties in that you 

failed to remain awake while on duty, as it was your duty to do, as evidenced by AF Form 366, 
dated 4 Feb 97. 

m. On or about 20 Jan 97, you were derelict in the perfomme of your duties in that you 

failed to remain awake while on duty, as it was your duty to do, as evidenced by an LOC, dated 
20 Jan 97. 

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 are 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 and m y  special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military l~~~.lcp-~~el, has been obtained to assist 
you.  I have made an appointment for you to consult Capt; -------------, 
: 552-3887, at bldg 6-920, 
rm 330 on 
expense. 

1 3  1997  at  1310  hrs  . You may consult civilian counsel at your own 

f%B 

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 three days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

6.  If you fail to consult counsel or to submit stntements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination, You must report to the 3rd Aerospace 
FEB  I 8  1997  with your medical records.  You 
Medicine Squadron, bldg 24-850 at 071 5 on 
are to fast (drink water only) for 14 hours, refrain fiom alcohol for 72 hours, and refrain from the 
use of tobacco products for 6 hours, prior to examination.  Bring eyeglasses (and contact solution 
if using contacts) if applicable.  You must be in uniform for the examination. 

8.  You have been scheduled for a Transition Assistance Program briefmg.  You must report to 
1 9  I99bn  0 9  30  h fs  . You have also been scheduled 
the Family Support Center at 
for a TMO Household Goods Shipment preprocessing briefing,  You must report to bldg 2-900 
(Peoplecenter), m 247 at  W  1 8  199Bn  /400 h fs 

. 

9.  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 your Squadron Orderly Room. 

10. The discharge authority will make the finding and recommendations required under 
10 U.S.C. 200S(g). 

.......-.-.-.-.....-----------------------------------------! 

Commander 

Attachments: 
I .   MFR, 25 Jd96 
2. Article 15, 1  Oct 96 
3.  MFR, 27 Sep 96 
4.  LOC, 8 Oct 96 
5.  MFR, 16 Oct 96 
6.  LOR, 28 Oct 96 
7.  LOC, 28 Oct 96 
8.  MFR, 28 Oct 96 
9.  DD Form 1408,5 Nov 96 
10.  LOC, 30 Dec 96 
11,  AF Form 366,4 Feb 97 
12. LOC, 20 Jan 97