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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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'I'YPE  GEN 

PERSONAL APPEARANCE 

CoUNSEI* 

YES 

No 

NAME OF COLlNSEL AND OR ORGANIZATION 

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INDEX NUMBER 

A67. I0 

GRADE 

I  AMN 

AFSNISSAN 
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RECORD REVIEW 

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ADDRESq AND OH ORGANIZATION OF COUNSEL 

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EXHIBITS S U B m E D  TO THE BOARD 

'1.1 IE ROARD 

1  I  ORDER API'OIN'I'ING 
2  1  APPLICATION  FOK  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO TllE HOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEAMNCE 

TAPE RECORDING  OF PERSONAL APPEARANCE  HF, 

HEARING DATE 

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1  19 Sep 2006 
I Case heard in Washington, D.C. 

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CASE NUMBER 

1  FD-2006-00026 

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APPLICANT'S  ISSUE AND TH6 BOARD'S DeCtSIdFIAt ~ ~ V O N A L  

ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAL6 

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. 

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L . . ~ . . ~ . . ~ . . . . ~ . . ~ . . ~ . . ~ . . ~ . Y Y Y Y Y Y Y Y Y Y Y Y . . . ~ . . ~ . . ~ . . ~ . . ~ . ~ . . ~ , . ~ . . ~ . . ~ . ~ , . ~ . . ~ . . ~ . . ~ . . . . ~ . . ~ . . ~ . . ~ . . ~ . ~ . . ~ . . .  

TO: 

SAF/MKBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, 'TX  781 50-4742 

INDORSEMENT 

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w 

DATE: 9/26LWO6 

SECRI1l'ARV  OF THE AIR  FORCE PERSONNEI.  COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR.  EF. WING,3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

P r e v i o u s  e d i t i o n  will be u s e d  

AIR FORCE DISCHARGE REVIEW BOARD DECISTONAL RATIONALE 

CASE NUMBER 

~ ~ ~ 2 0 0 6 ~ 0 0 0 2 6  

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:  The Board grants the requested relief. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify  a change of discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the applicant's  discharge was too harsh and approved an upgrade of 
discharge to Honorable. 

ISSUE: 

After a thorough and complete consideration of the information provided by the applicant and contained in 
the records, the DRB concluded there was sufficient mitigation to substantiate upgrading the discharge. 
Specifically, the Board found that the characterization was too harsh.  Although the DRB did not condone 
the misconduct of the applicant, an Honorable discharge was deemed appropriate and equitable. 

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. 

However, in view of the foregoing findings, the Board further concluded that the overall quality of 
applicant's  service is more accurately reflected by an Honorable discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Lackland AFB, TX on 12 
Mar 02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor ~isciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Apr 82. Enlmt Age: 18 0/12.  Disch Age: 19 10/12, Educ: HS DIPL. 

AFQT: N/A.  A-44,  E-34,  G-53,  M-42. PAFSC: 1C131 - Air Traffic Controller 
Apprentice. DAS: 19 Mar 01. 

b.  Prior Sv: (1) AFRes 11 May 00 -  11 Sep 00  (4 months 1 day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a,  Enlisted as AB 12 Sep 00 for 6 yrs. Svd: 01 Yrs 06 Mo 01 Das, all AMS. 

b.  Grade Status:  A m  -  3 Dec 01 (Vacation of Article 15, 12 Peb 02) 

A1C -  1 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Feb 02, Vacation, Lackland AFB, TX -  Article 86. 

You, did, on or about 19 Jan 02, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: 37th Operations Support Squadron, building 
1161.  You did, on or about 20 Jan 02, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: 37th Operations Support 
Squadron, building 1161.  You did, on or about 22 Jan 
02, without authority, fail to go at the time prescribed 
to your appointed place of duty, to wit: 37th Operations 
Support Squadron, building 1161.  Reduction to Airman. 
(No appeal)  (No mitigation) 

(2) 30 Nov 01, Lackland AFB, TX -  Article 92.  You, having 
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knowledge of a lawful order issued by SSgt 1 -..-..-....-.-: 
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: -------------- i,  to wit: Put on your uniform and report to me 
at work, an order which it was your duty to obey, did, 
on or about 11 Nov 01, fail to obey the same by 
wrongfully failing to report to work.  Suspended 
reduction to Airman.  Forfeiture of $100.00 pay per 
month for 2 months.  (No appeal) (No mitigation) 

e.  Additional: LOR, 6 FEB 02 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (10) Mos  (02) Das 
TAMS: (01) Yrs  (06) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 9 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  It has been more than 3 yrs since I have been discharge  (sic) from 

the United States Air Force.  I feel that since my Departure I have matured 
greatly.  I have never been involved with the law in anyway  (sic).  I am 
currently employed as a dealer at MGM Grand Casino in Detroit, Mi  (sic).  After 
leaving the Air Force I have taken cleases that help me deal with conflicts and 
communication skills, all in which help me to become a better person.  I also 
have been through Job Corps business technologies program to receive my 
certificate as a Data Entry Clerk.  While in the Air Force I was an Honor 
Graduate out of basic training and was on the drill team at Tech School. 
Overall I am a good person who just happens to have made a couple mistakes at a 
young age.  I would deeply appreciate if you would consider upgrading my 
discharge from a general to an honorable.  It  (sic) there is any questions that 
I can help you with then you can reach me at  (313)895-6339. Thank you for your 
help. 

ATCN 
None. 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

4  MAR  200~ 

FROM:  37 OSS/CC 

SUBJECT Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions. The basis for this action is AFI 36-3208, paragraph 5.49.  If  my recommendation is 
approved, your service will be characterized as Honorable or General.  I am recommending your 
service be characterized as General. 

2.  My reasons for this action are: 

, - - - - - - - - - - - 
a.  You, having knowledge of a lawful order issued by Staff Sergeant I.. . -. . -. . - i 

to wit:  "Put  on your uniform and report to me at work,"  an order which it was your 

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duty to obey, did, at or near Lackland Air Force,Base, Texas, on or about 11 November 2001, fail 
.to obey the same by wrongfully failing to report to work.  For this misconduct, you received an 
Article 15 dated 30 November 200 1.  Your punishment was a suspended reduction to the grade 
of E-2 (Amn) and forfeiture of $100.00 pay per month for two months. 

b. 'You did, at or near Lackland Air Force Base, Texas, on or about 5 February 2002, 
without authority, fail to go at the time prescribed to your appointed place of duty, to wit:  37' 
Operations Support Squadron, bldg 1161. For this misconduct, You received a Letter of 
Reprimand, dated 6 February 2002. 

c.  You did, at or near Lackland Air Force Base, Texas, on divers occasions between on 

or about 19 January 2002 and 22 January 2002, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit:  37"  Operations Support Squadron, bldg 1161. 
For this misconduct, the commander vacated your previously suspended reduction in grade to 
E-2 (Arnn) on 12 Feb 02. 

3.  If  you are discharged, you will be ineligible for reenlistment in the Air Force and will 
probably be denied enlistment in any component of the armed forces, and any special pay and 
bonus or education assistance funds may be subject to recoupment, 

4.  You have been scheduled for a medical examination.  You must report to Building 
6612, Rm 502, Monday through Friday, between 1300 - 1500 with your medical, 
immunization, and dental records for the examination. 

5.  Military Legal Counsel has been obtained to assist you,  An appointment has been scheduled 
for you to consult Capt: ...-.. i at Building Number 1000 on 5 Mar 02 at 1 0 3 0 h .  Instead of the 

...-.. 

appointed counsel, you may have another, 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 counsel,  Civilian counsel, if employed, must be 
readily available. 

6.  confer with your counsel and reply, in writing, within 3 workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 
sign it.  You may submit written statements in your own behalf.  I will send the statements to the 
discharge authority with the case file to be considered with this recommendation,  If  you fail to- 
consult 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 of  1974.  A 
copy of  AFI 36-3208 is available for your use at the Squadron Commander Support Staff. 

8.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, those funds may be subject to 
recoupmen t. 

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

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

Commander  v 

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Attachments: 
1. AP Fm 3070 dated 30 Nov 01 
2.  LOR, dated 6 Feb 02 
3.  AF Fm 366, dated 12 Feb 02