NAME OF SERVICE MEMBER (LAST, FIRS1' MIDDLE INITIAL) 

GRADE 

APSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

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TYPE  GEN 

NAME O F  COUNSEL AND OR ORG.kN,Z,\TION 

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ADDHOSS AND OR ORGANIZATION OF COIJNSEI, 

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ISSUES 

A94.53 

1  INDEX NUMBER 

A67.10 

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4 

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EXHIBITS SUBMmED TO THE B Q A W  

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ORDER APPOW'I  lNCi TIIE BOARD 
API'I.ICA1'ION  FOR REVIEW OF DISCHARGE 
1.FTTER OF NOTIFICA'I'ION 
BRIEF OF PFKSONNEL  FILE 
COIJNSE1,'S  KELEASE TO THE BOARI) 
ADDITIONAL EXHIBITS SIJBMITTEI) A'f  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAI. APPEARANCE HE 

HEARING DATE 

C M t  NUMBER 

14 Sep 2006 
APPLICANT'S ISSUE khlamE BOARD'S IlfFCISK)NAL RATIBNAI. ARE DlSCVSSBb ONTHE ATTACRED AIR FORCE DlSCHhRDE REVIEW BOAW DECLSJONAL R A T I ~ N A L E  

FD-2006-00008 

Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

*  Reason and Authority 
+ Reenlistment Code 

1  lD' 
1 

SANMRBR 
550 (.: STREET WES'I', SUITE 40 
M N W L P H  APH, TX 78 1104742 

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AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

DATE:  9/18/3(306 

SECRETARY OlrIHE AIR  FORCE PERSONNEL.  COllNC'II. 
AIR  FOHC'E 1)ISUHARCE REVIEW  BOARI) 
1535 rOMhlANll  DR. EE\VINC.  3RD FLOOR 
ANDREW5 AFB, MI)  207(~2.7(102 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLIMBER 

FD-20(,6-00008 

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 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, change of reason and authority for discharge, and change of 
reenlistment code are denied. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant acknowledged that he made inistakes and has learned his lesson.  He has expressed  a desire for 
upgrade of his discharge to allow for reenlistment into the armed forces.  The records indicated the applicant 
received two Article  15's, two Letters of Reprimand, and two Records of Individual Counseling for 
misconduct.  He was disciplined on several occasions for failure to go and being late for work.  He had 
further disciplinary actions whereas he received two Article 15's for underage drinking.  He was punished on 
both occasions with a reduction in grade to airman first class and 14 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 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 providcd 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 Rrief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AlC)  (HGR SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Seymour-Johnson AFB, NC 
on 24 Nov 04 UP AFT 36-3208,-para 5.49 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge, and to Change the RE Code, Reason 
and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Oct 83.  Enlmt Age: 17 9/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-55,  E-68,  G-59,  M-43. PAFSC: 2W051 -  Munitions Systems 
Journeyman. DAS: 15 Apr 02. 

b.  Prior Sv: (1) AFRes 7 Aug 01 -  18 Nov 01  (3 months 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Nov 01 for 6 yrs. Svd: 03 Yrs 00 Mo 06 Das, all AMS. 

b.  Grade Status:  A1C -  20 Oct 04 (Article 15, 20 Oct 04) 

SrA -  15 Jul 04 
A1C -  04 Jan 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 20 Oct 04, Seymour-Johnson AFB, NC -  Article 9 2 ,   You, 
who knew of your duties at or near Andrews AFB, MD, on 
or about 4 Sep 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from consuming alcoholic beverages while under the age 
of 21 years, as it was your duty to do.  Reduction to 
AlC, and 14 days extra duty. (No appeal) (No mitigation) 

(2) 07 Oct 04, Seymour-Johnson AFB, NC -  Article 92.  You, 

who knew of your duties, on or about 14 Sep 02, were 
derelict in the performance of those duties in that you 
willfully consumed alcoholic beverages while under the 
legal age of twenty-one, as it was your duty not to do. 
Forfeiture of $100.00 pay per month  for 2 months, and 14 
days correctional custody. (No appeal) (No mitigation) 

e.  Additional: RIC, 06 JAN 03 -  Late to work. 

RIC, 28 AUG 03 -  Failure to go. 
LOR, 17 OCT 03 -  Dereliction of duty. 
LOR, 24 SEP 03 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 19 Nov 01 -  15 Jul 03 Seymour-Johnson AFB  2 (HAF Dir)REF 

16 Jul 03 -  15 Jul 04 Seymour-Johnson AFB  4 (Annual) 

h.  Awards &  Decs:  NDSM, AFTR, AFOUA W/VALOR W 3/DEVS, AFESR W/GB, GWOTEM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (18) Das 
TAMS: (03) Yrs  (00) Mos  (06) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Dec 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and ~uthority 

for Discharge) 

Issue 1:  The reason I am requesting my discharge to be changed to a 

Honorable discharge is to once again serve my country in the United states Air 
Force,  I know I have made mistakes in the past but I have grown and learned 
from them.  I would like to finsih (sic) what I started, to serve my country and 
be a valuable member of the United States Air Force. 

ATCH 
1. Thirteen Character References. 

EPAR'TMENT OF THE AIR 
SEYMOUR JOHNSON AIR FORCE BASE NC 

4th FIGHTER WING (ACC) 

MEMORANDUM FOR A1 C: C - . - . - . . . . - . - . - . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

.---------------------------------------------, 

PROM:  4 EMS/CC 

SUBECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Misconduct:  Minor 
Disciplinary Infractions.  Tfre authority for this action is AFPD 36-32 and AFI 36-3208, para. 549. 
If my recommendation is approved, your service will be characterized as an Under Honorable 
Conditions (General) Discharge. 1 am recommending that your service be characterized as an 
Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 14 Sep 2002, you were derelict in the performance of those dutiea in that you 
willfully aonsumed alcoholic beverages while under the age of 21 years.  This action is 
documented in an AF Form 3070, dated 7 Oct 2902 (Tab la). 

b.  On or about 6 Jan 2003, you called into work at 0640 stating you were going to be late for 
work due to your alarm not going off.  It took you more than 45 minutes to make it to your duty 
section.  This was your second time within 2 months being tardy.  Tbis action is documented in 
a Record of Individual Counseling, dated 6 Jan 2003 (Tab lb). 

c.  On or about 28 Aug 2003, you failed to show at the appointed time to your place of work. 
This action is documented in a Record of Individual Counseling, dated 28 Aug 2003 (Tab lc). 
- - - - - . 
d.  On or about 23 Sep 2003, you failed to report to the EMS Squadron mobility at - - - the 
prescribed time of your appointment. Additionally, you were instructed by SSgt  ...-.-.a 
:to 
report back to squadron mobility by  121 5 and you did not return until 1223.  This action is 
documented in a Letter of Reprimand, dated 24 Sop 2003 (Tab 1 d). 
e. On or about 9 Oct 2003, you disobeyed SSgti --------- I  instructions to go to Munitions Flight 
Training to take a CDC pre-test.  You arrived at the flight training without your training records, 
which are required, and you were late.  Additionally, you were asked why you were there and 
you stated it was to get your leave signed off.  This action is documented in a Letter of 
Reprimand, dated 17 Oct 2003 (Tab  le). 

--------- 

f.  On or about 4 Sep 2004, you were derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic beverages while under the age of 2 1 years. 
This action is documented in an AF Form 3070, dated 20 Oct 2004 (Tab If), 

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 higher authority 
will decide whether you will be discharged or retained in the United States Air Force and, if you 

are discharged, how your service will be characterized. If you am discharged, you will be ineligible 
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation autharity will make the findings and recommendations 
required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military,!ggal-~:~\resel has been obtained to assist you.  I 
have made an appointment for you to consult&& 
at  nsoo 

hours.  You may consult civilian'Ei,iiii361-i3€  your own expense. 

$t  OC , o n ~ ~ f l ~ ~ o ~ 0 4 ,  

5. You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  17  84 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 statements 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 
,'-at 

hours for the examination, 

l V 0 0  

.  .  L - - - - - - - - - - - -  

l 

8.  Any pasonal 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 Area Defense Counsel's Office or Orderly Room. 

9.  You have been scheduled for mandatory Transition Assistance Program (TAPS) counseling on 
5 0 

2004 at  O W   hours.  You must report to building 3602 for your TAPS counseling. 

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

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

'.-..-..-....-..-..-----------------------------! 

Commander 

Attachments: 
1.  Supporting Docummts 

a.  AF Form 3070, dated 7 Oct 2002 
b.  Record of Individual Counseling, dated 6 Jan 2003 
c.  Record of Individual Counseling, dated 28 Aug 2003 
d.  Letter of Rqrimand, dated 24 Sep 2003 
e.  Letter of Reprimand, dated 17 Oct 2003 
f.  AF Fom 3070, dated 20 Oct 2004 

2.  A h a n ' s  Receipt of Notification Memorandum 
3.  Airman's  Statemant 
4.  Medi~al Examination 
5.  EPRstLOE 
6.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 
Bonuses