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 

Natnes and votes will be made available to the applicant at the applicant's request. 

"Reason and Authority 
+Reenlistment Code 

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

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REYIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFR. M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASE NUMBER 

FD-2006~00018 

GENERAL:  The applicant appeals for upgrade of dischasge 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 that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge authority for discharge inequitable. 

ISSUE: 

Issue 1.  The applicant cited his desire to serve once again in the armed forces.  The records indicated  the 
applicant received an Article  15, one Vacation, seven Letters of Reprimand, and one Memorandum for 
Record for misconduct.  The Article  15 was for failure to comply with Phase Program by violating curfew. 
He was punished with a suspended reduction in grade to airman basic and 30 days of correctional custody. 
The Vacation action was for being absent from his place of duty resulting in a reduction in grade to airman 
basic.  The applicant was further disciplined with seven Letters of Reprimand for being disrespectful to a 
commissioned officer and student leader, breaking Phase, failure to attend mandatory formations, 
demonstrating a lack of military bearing and using tobacco during duty hours.  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. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for mistakes he made when young. 
The DRB recognized the applicant was 21  years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
than the vast majority of first-term members who properly adhere to the Air Force's  standards of conduct. 
The DRB concluded that the characterization of the applicant's discharge was appropriate due to the 
misconduct. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Goodfellow AFB, TX on 22 
Aug 97 UP AFI 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: 10 Jul 76.  Enlmt Age: 19 7/12.  Disch Age: 21 1/12. Educ: HS DIPL. 
AFQT: N/A.  A - 6 8 ,   E-39,  G-59, M-21. PAFSC: 3E711 -  Fire Protection Apprentice. 
DAS: 18 Nov 96. 

b.  Prior Sv:  (1) AFRes 21 Peb 96 -  17 sep 96 (6 months 26 days)(Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 18 Sep 96 for 4 yrs. Svd: 0 0   Yrs 11 Mo 05 Das, all AMS 
b.  Grade Status:  AB -  16 May'97 (Vacation of Article 1 5 ,   22 Jul 97) 

A m  -  Unknown 

c.  Time Lost:  None 
d.  Art  15's:  (1) 22 Jul 97, Vacation, Goodfellow AFB, TX -  Article 86. 

You, did, on or about 24 Jun 97, without authority, 
absent yourself from your place of duty, at which you 
were required to be, to wit: building 3453.  Reduction 
to AB.  (No appeal) (No mitigation) 

( 2 )  16 May 97, Goodfellow AFB, TX -  Article 92.  You, who 
knew or should have known of your duties, were, on or 
about 26 Apr 97, derelict in the performance of those 
duties in that you willfully failed to comply with tl 
curfew hours, required by the Phase Program, as it w 
your duty to do.  Suspended reduction to AB,  Thirty 
days correctional custody.  (No appeal) (No mitigatic 

e.  Additional: LOR, 23 JUL 97 -  Unknown  (missing from file). 

MFR, 12 JUL  97 - Breaking Phase. 
LOR, 17 J U N   97 - Using tobacco during duty hours. 
LOR, 22 APR 97 -  Failure to go. 
LOR, 21 MAR 97 - Demonstrated a lack of military bear5 

displaying a lackadaisical attitude 
towards student leader, failing 'to h 
341'5 filled out properly, and flash 
didn't work. 

LOR, 21 MAR 97 -  Failure to go on two occasions. 
LOR, 14 FEB 97 -  Breaking Phase. 
LOR, 13 FEB 97 -  Disrespect to a commiss'ioned officer and 

student leader. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (06) Mos  (02) Das 
TAMS: ((00) Yrs  (11) MOS  ( 0 5 )   T ) ~ s  

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD,Fm 2 9 3 )   dtd 28 Dec 05, 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  T would like for my reentry code to be changed to a 1B so that I 
can re-enter the military.  When I separated from the military, I was young and 
did not understand anything on my DD-214.  All T  would like to do is have a 
chance to re-enter an serve the rest of my term that I signed up for.  Thank 
you. 

ATCH 
1. DD Form 214. 

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

r4 AuG  1997 

MEMORANDUM FOR AEI  : b-....-..-..-.-..-.---------------------------------: 
FROM: 
SUIBJECT:  Notification Memorandum 

3 12 TRSICC 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 

In£iactions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If 
my recommendation is approved, your discharge will be described as honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On  13 Dec 96, you failed your room inspection, for which you received verbal counseling. 

b  . On 9 Jan 97, you broke phase by  not having any 34 1's in your possession, for which you 

received verbal counseling. 

c.  On 22 Jan 97, you failed your room inspection, for which a AETC form 341 was pulled. 

d.  On 25 Jan 97, you broke phase by wearing civilian clothes, for which a AETC form 341 

was pulled. 

e.  On 1 3  Feb 97, you refised to give a 341 to a student leader, then showed 
commissioned officer.  You received a Letter of Reprimand from SSgd -....-..-..a 

----------- 

disrespect to a 

f.  On 14 Feb 97, you broke phase --- by ------ 
. 

Letter of Reprimand from Lt. i 

- - - - - - - - - - I  

driving in a privately owned vehicle.  You received a 

g.  On  19 Mar 97, you displayed a disrespectfd attitude tomds.yqur  student leader and 

MTM. You received a Letter of Reprimand from Lt. i ---------- :, 

h.  On  18 and  19 Mar 97, you missed 

twa mandatory military formations.  You received a 

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

Letter of Reprimand from Lt. i -.-..-....-.. 

i.  On  15 Apr 97, you missed a mandatory military formation.  You received a Letter of 

Reprimand from myself. 

j.  On or about 26 Apr 97, you were derelict in the performance of your duties and willfully 

failed to comply with the curfew hours.  You received Article 15 punishment. 

k. On 17 Jun 97, you used tobacco products during duty hours.  You received a Letter of 

Reprimand from TSgt i 

b -. . -. . . . -1 

I.  On or about 12 Jul97, you broke phase by not being in your room past curfew.  You 

received a Letter of Reprimand from Lt. :-- --- --- --; 

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

m.  Based on your poor attitude and lack of motivation, I believe it is in the Air Force's best 

interest to separate you and not invest additional time and resources. 

3.  Copies of the documents to be fobarded 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 Air Force, and if you 
are discharged, how your service will be characterized. 

4.  You have the right to consult counsel.  Military legal - counsel 
:at 
, 

I havemade an appointment for you to consult Capt: L..... 
339 on q&&  (r at /330  hours.  You may consult civilian counsel at your own expense* 

- - - - - ,  has been obtained to assist you. 
the Area Defense Counsel, Bldg 

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  3 A.441  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.  Any personal information you furnish in rebuttal is covered by the Privacy Act  Statement as 
explained in AFI 36-3208,  attachment 2.  A copy of AFI 36-3208 is available for your use in 
building 3453, Room  178, Goodfellow AFB, TX. 

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

Commander 

Attachments: 
1.  AF Form 3070,6 May  97 
2.  Letter of Reprimand,  13 Feb 97 
3.  Letter of Reprimand,  14 Feb 97 
4.  Memo  For Record, 19 Mar 97 
5.  Letter of Reprimand, 2 1 Mar 97 
6 .   Letter of Reprimand, 21 Mar 97 
7.  Letter of Reprimand,  22 Apr 97 
8.  Letter of Reprimand, 17 Sun 97 
9.  AF Form 366, 11 Jul97 
10. Memo For Record, 12 Jul97 
1 1.  Letter of Reprimand, 23 Jul97