NAMh OF SERVICE MbhlBEK (LASI, k1RSI  M1DDI.k  INITIAI,) 

CUADE 

4 I R  FORCE DISCHARGE REV1 EW W A R D  HEARING RECORD 

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'I'YPE  GEN 

PERSONAL APPEARANCE 

AFSNISSAN  1 

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RECORU REVIEW 

X 
ADVKEhS AND OH ORGAN1f.A I ION OF ( OIINSEL 

YES 

ISSIIES  A93.01 

INDEX NUMBER 

IlEARlNG DKIW 

29 Sep 2006 

CASE NUMBER 

FD-2006-00027 

(  Case heard in Washington, D.C. 

2  [  APPL1C:ATION  FOR REVIEW O F  DISCHARGE 
3  1  LETTEK OF NO.I~IFICA'l'lON 
4 
URlEF O F  PERSONNEL FI1.11 
COUNSEI.'S  RELEASE T O  'l'Ill7 BOARD 
ADDITIONAL EXIiIBITS SIJBMITI'KD AT TIME O F  
PEItSONAL APPEARANCE 
I  TAPE RECOItDING OF PERSONAL APPEAMNC'E HE 

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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. 

SAFIMRBR 
550 C S'TREE'I'  WEST, SUITE 40 
RANDOLPH AFB,  f X  781 50-4742 

\ECRETAHY  O F T H I  AIR FOH(  E PERSOhhEL COI W I L  
AIR  FOR(  e DISC nmce REVIEH  BOAMI) 
I 4 I <  COMMAVD UR. EE WNG. 3RD FLOOR 
ANDREWS AFB,MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REV1 E W  ROARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00027 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance befbre the Discharge Review  Board  (DRB) hut declined to 
exercise this right. 

The attached brief contains available pcrtincnt data on the applicant and the factors leading to the dischargc. 

FINDINGS:  Upgrade of dischargc is denied. 

The Board  finds the  applicant submittcd  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: 

Applicant contends that his wrong doing was based on immaturity and bad choices.  Applicant was 
discharged with an undcr honorable conditions (general) discharge for conduct prejudicial to good order and 
discipline.  Member received two Letters of Reprimand, one Record of Counseling, one Letter of 
Admonishment, one Article 15, and onc Vacation of Article 15.  The record reflects in February 2002 
member lied to an IVon-Commissioned Officcr about his available leave balance and willfully violated the 
commander's  leave policy by traveling out of the local area, more than the maximum eight hours drive.  On 
18 March 2002, member received an Article  15, suspended until  17 September 2002, for dishonorably 
failing to pay $1,554.10 due to the Veterans Administration  Federal Credit Union.  On 24 July 2002, 
member failed to show up for class and was late for thc class within the same week.  On  1 August 2002, 
member was involved in domestic altercation in which the local police was called, resulting in a civil arrest 
for an outstanding warrant.  On 24 August 2002, member assaulted a senior airmen by striking him with his 
fist, thereby, vacating his Article 15.  The Discharge Review Board noted that member's  commander only 
vacated the Article  15 after repeated instances of misconduct.  The DRB recognized the applicant was 23 
years of age when the discharge took place.  However, there is no evidence he did not know right from 
wrong.  The Board opined the applicant was the same age as 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 rcquirernents  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 ALC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Whiteman AFB, MO on 20 
Sep 02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Sun 79. Enlmt Age: 19 10/12,  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A,  A-79,  E-76,  G-53,  M-93, PAFSC: 2A533C -  Communication, Navigation 
&  Defense Avionic Journeyman. DAS: 29 Mar  00. 

b.  Prior Sv: (1) AFRes 18 May 99 -  22 Jun 99 (1 month 5 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Jun 99 for 6 yrs. Svd: 03 Yrs 02 Mo 28 Das, all AMS. 

b.  Grade Status:  A1C -  18 Mar 02 (Vacation of Article 15, 5 Sep 02) 

SRA -  06 Dec OL 
ALC -  06 Aug 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Sep 02, Vacation, Whiteman AFB, MO  -  Article 128. 
You, did, in or near Warrensburg, Missouri, on or about 
24 Aug 02, assault SrA L ..................... : by striking him 
with your fist.  Reduction to A1C.  (No appeal) (No 
mitigation) 

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(2) 18 Mar 02, Whiteman AFB, MO -  Article 134.  You, being 

indebted to Veterans Administration Federal Credit Union 
in the sum of $1554.10 for cash, which amount became due 
and payable on or about 15 Jun 01, did, from 15 Jun 01 
to 4 Mar 02, dishonorably fail to pay said debt. 
Suspended reduction to AlC.  Fourteen days extra duty. 
(~ppeal/~ranted) (No mitigation) 

e .   Additional: LOR, 01 AUG 02 -  Involved in a domestic altercation which 

resulted in civil arrest for an 
outstanding warrant. 

RIC, 24 JUL 02 -  Late to class one day and failure to show 
LOR, 27 FEB 02 -  Lying to an NCO about available leave 
LOA, 01 FEB 02 -  Willfully violate the commander's levy 

up for class the next day. 

balance. 

policy. 

f.  CM:  None. 

g.  Record of SV: 23 Jun 99 -  15 Jan 01  Whiteman AFB  4  (HAF Dir) 
16 Jan 01 -  15 Jan 02  Whiteman AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (03) Das 
TAMS: (03) Yrs  (02) Mos  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  I would like a  (sic) upgrade to honorable because I feel all of 
the wrong doing on my part was based on immaturity, and bad choices,  It has 
been over 3 years since I seperated (sic) from the US Air Force. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

509 AIRCRAFT MAINTENANCE SQUADRON (ACC) 

WHITEMAN AIR FORCE BASE, MISSOURI 

SEP  1 3  20M 

MEMORANDUM FOR AlC: ....-.-..-.-....-.-------------------: 

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FROM:  509 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct prejudicial to good order and discipline.  The authorities for this action are AFPD 
36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved your service may 
be characterized as honorable or under honorable conditions (general).  I am recommending that 
your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a.  On or about 24 August 2002, you assaulted A1C;- -- --- -- ----- $y striking him with 

your fist,  For this misconduct, you received an Article 15 vacation action dated 9 Sep 
02. 

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b.  On or about 1 Aug 02, you were involved in a domestic altercation in Raytown, MO. 
Responding officers ran your license and uncovered an outstanding warrant far your 
arrest due to an unpaid traffic violation.  For this misconduct, you received an LOR 
dated 1 Aug 02. 

c.  On 24 July 02, you failed to show up for class.  For this misconduct, you received a 

RIC dated 24 Jul02. 

d.  You were indebted to the Veterans Administration Federal Credit Union in the 
amount of % 1554.10. You failed to pay this amount.  For this misconduct, you 
received an Article 15 dated 28 Mar 02. 

e.  You willfully lied to an NCO about your available leave balance.  For this 

misconduct, you received an LOR dated 27 Feb 02. 

f.  On 3 1 Jan 02, you willfully violated the commander's leave policy.  For this 

misconduct, you received an LOA dated 1 Feb 02. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial convening 
authority or a higher authority will decide whether you will be discharged or retained in the Air 

Glob4 Powr for America 

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 Farce and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to consult counsel,  Military legal , - counsel 
I have made an appointment for you to consult Captain; - - - - - - - 
at 

. You may also consult civilian counsel at your own expense. 

- - - - - - ,  has been obtained 

: in Bldg 509 on 

&c/a5 

sBaS"Bt 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
unless you request 
separation authority to consider must reach me by 
and receive an extension for good cause shown.  I a
authority, 

 your statements to the separation 

QZ 
d

a

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

7.  You have been scheduled for a medical examination.  You must report to Physical Exams at 

on 

for the examination. 

8.  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 in your unit's Orderly Room. 

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

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Commander 

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Attachments: 
1 .Supporting documents --for the reason for discharge 

a,  LOR, dated 1 Aug 02 
b.  RIC, dated 24 Jul02 
c.  Article 1 5, dated 28 Mar 02 
d.  LOR, dated 27 Feb 02 
e.  LOA, dated 1 Feb 02 
f.  Article 15 Vacation Action dated 9 Sep 02 

2. Documents containing derogatory information -- which are not listed in the notification 
memorandum,  None. 

3. Airman's receipt of notification memorandum, dated 

SEP  1 3  2002