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AF | DRB | CY2006 | FD2006-00019
Original file (FD2006-00019.pdf) Auto-classification: Denied
AIR FORCE DISCHAKGE REVIEW BOARD HEARING RECORD 

PIRST MIDDLE INI'IIAI.) 

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1  NAME OP SERVICE MKMBER (:ST, 
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PERSONAL APPEARANCE 

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MEMBER SITTING 

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A94.53 

A67.90 

1lEARING DATE 

CASE NllMHlSR 

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2 
3 
4 

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EXHIBlTS SUI).&lITIED TO THE BOARD 

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ORDER APPOINTING THE ROARD 
APPLICA'I'ION  FOR  REVIEW OF DISCHARGE 
LETTER OV NOTIFICATION 
BRIEi-  Ok  PERSONNEL PILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SIJBMITTED AT TIMF OF 
PERSONAL APPEARANCE 

'I'APE RECORDING  OF PERSONAL APPEARANCE I IF, 

14 Sep 2006 
APPLICANT S ISSLE .4ND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACHEU AIH fORCE DISCHARGE REVIEW ROARD DECISIONAL RATIONALE 

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 

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

*Reason and Authority 
1  +Reenlistment Code 

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> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

ISDORSEMENT 

DATE:  W18iZUU6 

'To: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLI'I  I  APB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

I 

SECRETARY OF l H K  AIR  FORCE PERSONNEL COLlNClL 
AIR  FOR(  t  1)1>(  HARGt RL\ 1E\\  BOARD 
1535 (OhlVAYD  DR. EE \%IVC. JRD FLOOR 
4\DRL\\S  AFB,  4411 211lfo2.7M2 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NlJMBER 

FD-20(,6-00019 

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, 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 mistakes 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 an Article  15, two Letters of Reprimand, and one Letter of Counseling for misconduct.  The 
applicant received an Article  15 for unauthorized use and failure to pay debt on his government travel card. 
He was punished with a reduction in grade to airman first class and a reprimand.  He was administratively 
disciplined for failure to obey lawful orders for misuse of his government computer, failure to obey a no 
contact order and financial irresponsibility.  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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SrA) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Pope AFB, NC on 12 May 
05 UP AFI 36-3208, para 5.50.2 (Pattern of  isc conduct  -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
RE Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOE:  3 May 82.  Enlmt Age: 17 8/12.  Disch Age: 23 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-52,  G-36,  M-23. PAFSC: lC052 - Aviation Resource 
Management Journeyman. DAS: 30 Nov 00. 

b.  Prior Sv: (1) AFRes 14 Jan 00 -  22 Aug 00 (7 months 9 days) (Inactive) . 

(2) Enlisted as AB 23 Aug 00 for 4 yrs.  Svd: 03 Yrs 05 Mo 11 

Das, all AMS.  A m  -  23 Feb 01.  A1C -  23 Dec 01.  SrA -  23 Nov 03.  EPRs: 
4,2 (REF) ,4. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Reenlisted as SrA 6 Feb 04 for 5 yrs.  Svd: 01 Yr 03 months 08 days, 

all AMS. 

b.  Grade Status:  A1C -  8 Apr 05  (Article 15, 8 Apr 05) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Apr 05, Pope AFB, NC -  Article 92.  You, who knew of 

your duties, from on or about 9 Jan 05 to on or about 10 
Mar 05, were, on divers occasions, derelict in the 
performance of those duties in that you willfully failed 
to utilize your government travel card for authorized 
purchases only, as it was your duty to do.  You, who 
knew of your duties, on or about 22 May 04, were 
derelict in the performance of those duties in that you 
willfully failed to utilize your government travel card 
for authorized purchases only, as it was your duty to 
do.  You, who knew of your duties, on or about 26 Mar 
04, were derelict in the performance of those duties in 
that you willfully failed to utilize your government 
travel card for authorized purchases only, as it was 
your duty to do.  Article 134.  You, being indebted to 
Bank of America in the sum of $77.95 for credit card 
purchases, which amount became due and payable on or 
about 3 Apr 04, did, from on or about 3 Apr 04 to 7 Jul 
04, dishonorably fail to pay said debt.  Reduction to 

AlC, and a reprimand. (No appeal) (No mitigation) 

e.  Additional: AF418, 28 MAR  05 -  Denial of Reenlistment. 

LOR, 07 SEP 04 -  Financial irresponsibility. 
LOR, 25 AUG 04 -  Failed to obey a lawful order. 
LOC, 27 MAY 04 -  Failed to obey a lawful order. 

f.  CM:  None. 

g.  Record of SV: 24 Nov 03 -  23 Nov 04  Pope AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFEM, AFLSAR, AFESR, AFESR W/GOLD BORDER, 

GWOTEM, GWOTSM, AFOUA W/VALOR W/OLC. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (03) Mos  (29) Das 
TAMS: (04) Yrs  (08) Mos  (21) Das 

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

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

for Discharge) 

Issue 1:  I am requesting an upgrade because I learned my lesson and will 

not participate in such behavior again.  I want to continue serving my country 
and I will enlist in the AF reserves as soon as I am eligible. 

ATCH 
1. DD Form 214 

DEPARTMENT OF THE AIR FORCE 

23D FIGHTER GROUP (ACC) 

POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR  A1 c:. . -. . -. . -. . -. . . . -. . -. . -. . -. . -. -. . -. . -. .: 
FROM:  23 OSS/CC 

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

SUBJECT:  Notification Memorandum 

1. T am recommending your discharge from the United States Air Force for Misconduct:  A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFT  36-3208, paragraph 5.50.2.  This action could result in your separation with 
an Under Other Than Honorable Conditions (UOTHC) Discharge.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  From on or about 9 Jan 05 to on or about 10 Mar 05, you were on divers occasions, derelict 
in the performance of your duties in that you willfully failed to utilize your government travel card 
for authorized purchases only, as documented by an AF Form 3070, Record of Nonjudicial 
Punishment Proceedings, dated 8 Apr 05. 

b.  On or about 22 May 04, you were derelict in the performance of your duties in that you 

willfully failed to utilize your government travel card for authorized purchases only, as documented 
by an AF F o m  3070, Record of Nonjudicial Punishment Proceedings, dated 8 Apr 05. 

c.  From on or about 3 Apr 04 to on or about 7 Jul04, you being indebted to Bank of America in 

the sum of $77.95 for credit card purchases, which amount became due and payable on or about 
3 Apr 04,  dishonorably failed to pay said debt, as documented by an AF Form 3070, Record of 
Nonjudicial Punishment Proceedings, dated 8 Apr 05. 

d.  On or about 26 Mar 04, you were derelict in the performance of your duties in that you 

willfully failed to utilize your government travel card for authorized purchases only, as documented 
by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 8 Apr 05. 

e.  On or about 8 Aug 04, the squadron was notified that you bounced three checks on base with 

the 43d Services Squadron, as documented by an Letter of Reprimand (LOR), dated 7 Sep 04. 

f.  On or about I Jul04, you willfully disobeyed a lawful order by utilizing your government e- 

mail for personal use after your privileges were suspended, as documented by an LOR, dated 
25 Aug 04. 

g.  On or about 1 Jul04, you willfully circumvented prohibition that was set in place to disallow 

you access to government e-mail, as documented by an LOR, dated 25 Aug 04. 

h.  On or about 17 May 04, you used government computers for personal use, as documented by 

a Letter of Caunseling, dated 27 May 04. 

i.  On or about 17 May 04, you were counseled on the importance of adhering to standards af 

professionalism and directed to refrain from requesting off duty friendships while on duty, as 
documented by a Letter of Caunseling, dated 27 May 04. 

3.  The 43d Airlift Wing Commander, who exercises SPCM jurisdiction is the Separation Authority 
and will decide whether you will be discharged or retained in the Air Force.  Copies of the 
documents to be forwarded to the Separation Authority in support of this recommendation are 
attached.  If you are 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. 
4.  Military counsel may be obtained to assist you.  Contact TSgt 1 - - - - - - - - - -;(extension 4-2362) at 
the Area Defense Counsel's office, to schedule an appointment with the Area Defense Counsel 
(ADC).  You may have a military counsel other than the ADC, if the lawyer you request is in the 
active military service and is reasonably available as determined according to AFI 51 -201.  In 
addition to military counsel, you have the right to employ civilian counsel.  The Air Force does not 
pay expenses incident to the employment of civilian courkel.  Civilian counsel, if employed, must 
be readily available. 

,..-.- .." -., 

5.  You have the right to submit a statement on your behalf.  Any statements you want the 
Separation Authority to consider must reach me by ,/Ym 
receive an extension for good cause shown.  Any submitted statements wrll be forwarded to the 
Separation Authority. 

at ~fi:3dIunless  you request and 

6.  If you fail to consult counsel or to submit statements on your behalf within three duty days, 
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 Pope AFB Flight 
Medicine Clinic on 

hours for the examination. 

at 

8. Any personal information you furnish in rebuttal i s  covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use at http://www.e-publishing.af.mil/. 

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

Commander 

Attachments: 
1.  AF Form 3070, dated 8 Apr 05 (3 pgs) 
2.  Written Presentation of Article 15 Proceedings, dated 6 Apr 05 
3.  LOR, dated 7 Sep 04 (2 pgs) 
4.  LOR, dated 25 Aug 04 
5.  LOC, dated 27 May 04 (2 pgs) 
6. Receipt of Notification Memorandum 



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