AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COIJNLEL 

NAME OF SERVICE MEMBER (LAS'I',  FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

NAME O F  COUNSEL  AND OR ORGANIZATION 

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VOTE OF TXlE BOARD 

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ISSUES 

A94.53 

INDEX NUMBER 

A67.10 

HEARING DATE 

CASE NUMBER 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

OKDEK AI'I'OINTING  THE BOARD 
API'I.ICA'I'ION  FOR  RF..VIEW OF DISCHARGE 
LETTER OF NOTIFICA'I'ION 
BRIEF O F  PERSONNEL FILE 
COUNSF.I.'S  KEI.EASF; TO 'THE BOARD 
ADDITIONAL EXllIRlTS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

'TAPE  RECORDING  (.)I:  PI:RSONAI.  AI'I'I-.ARANC:l<  Ilk 

19 Sep 2006 
APP~CANT'S ISSUE AND TWBOO&W  DElE!:lbN&WVaFrhl, 

FD-2006-00039 

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APE arsdysssOdNme ATTACHED  AIR  FORCE DISCHAROE REVIEW BOARD DECIS~ONAL RATIONALE  ' 

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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. 

SAFIMRBR 
550 C SI'ItBEr WEST, SUITE 40 
M N D O L P H  AFB, TX 78 150-4742 

SLCRET\R\  O F T l l L  \IR  rORCL PLRSOh\EL  COI hClL 
\IR  FORCE DISCIIARCL  RE\ ILH  DOARD 
1535 COM\IA\D  DR, CL H I\C,  JRD FLOOR 
ANDREWS AFB, M D  20762-7002 

AFHQ  FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00039 

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:  Upgrade of discharge is 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 submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received three Letters of 
Reprimand and three AETC Form 341's for misconduct.  The applicant was administratively disciplined for 
violation of dress and appearance standards, insubordinate conduct and disrespect towards NCO's,  Phase 
Violations, failure to obey an order, failure to go and failed room inspection.  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 T H E A I R  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH AlC) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF Sheppard AFB, TX on 22 
Dec 04 UP AFI 36-3208, para'5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Oct 85.  Enlmt Age: 18 4/12.  Disch Age: 19 2/10. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-82,  G-62,  M-46. PAFSC: 2A311A - Avionics Systems Attack 
Control Helper. DAS: 20 Aug  04. 

b.  Prior Sv: (1) AFRes 20 Feb 04 -  19 Apr 04  (1 month 29 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 20 Apr 04 for 4 yrs. Svd: 00 Yrs 08 Mo 03 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 16 NOV 04 -  Failure to go and failed room inspection. 

LOR, 04 NOV 04 -  Failure to obey an order or regulation. 
AETC 341, 4 NOV 04 -  Phase violation. 
AETC 341, 3 NOV 04 -  Found in room during lunch hour. 
LOR, 29 OCT 04 -  Violation of dress and appearance 

standards, insubordinate conduct and 
disrespect towards two NCOs. 

AETC 341, 13 SEP 04 -  Phase III violation. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (00) Yrs  (10) Mos  (03) Das 
TAMS:  (00) Yrs  (08) Mos  (03) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Jan 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OFTHE AIR FORCE 

AIR EDUCATION ANPtRAININQ COMMAND 

FROM:  365 TRSICC 

SUBJECT: Notification Memorandum 

I .   I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
~.ecommendation is approved, your service will 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, You did, at or near Sheppard AFB TX, on or  about 16 Nov 04, without authority, fail to go 

at the time prescribed  to your appointed place of duty, to wit: morning formation.  For this 
inisconduct and subparagraph "b" below, you received a Letter of Reprimand (LOR) on 
1 G Nov 04. 

13.  You, who h e w  or should have known of your dutics at or near Sheppard AFB TX, on or 
about  16 Nov 04, were derelict in the performance of those duties in that you failed to keep your 
room in  inspection order, as it was your duty to do.. 

c. You, who knew or should have known of your dutics at or near Sheppard AFB TX, on or 

about  3 Nov 04, were derelict in the performance of those duties in that you failed to refrain 
from being in your dormitory  room during lunch as it was yaur duty to do. For this misconduct, 
you received an LOR Nov 04. 

d. You, who knew or should have h w n  of your duties at or near Sheppard AFB TX, on or 

, _ _ _ _ _ _ _ of 
_ _ _ 
_ _ _ those 
about 29 Qct 04, were derelict in the performance 
-...-.-,- "". 
from sleeping in the lobby outside of MSgt: 
!office, as it was your duty to do.  For this 
misconduct and subparagraph "e"  below, you recelved an LOR on 29 Oct 04. 

duties in that you failed to rehia 

----------- 

e. You, at or near Sheppard AFB TX, on or about 29 Oct 04, were disrespectful in deportment 

toward SSgti - - - - - - - - - j, a non-commissioned officer, then known by you to be superior non- 
commissioned officer, who was then in the execution of her office, by ignoring her and picking 
up a magazine when she addressed you about your un-polished boots and your un-shaven face, 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a 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. 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. 

3.  You have the right to consult cowyela Military legg-punsel has been obtained to assist you. 
1 have made an appointment for you to consult Maj \ - - - - - ; extension 6-2 186, the ADC, at 
building 1638 on 14 Dec 04 at 0930 hours. You may consult civilian counsel at your own 
expense. 

4.  You have the right to submit statements in your own behalf  Any statements you want the 
separation authority to consider must reach me by 16 Dec 04, unless you request and receive an 
extension for good cause shown.  I will send  then^ to the separation authority. 

5.  tf 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. 

0. You have bwn scheduled for a medical examination, You must report to the 82d Medical 
Group, Bldg 1200, Student Health, at 0800 an 14 Dec 04. 

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 in the 365 TRS Military Training Flight Personnel 
Office. 

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

Attachments: (listed on next page) 

Attachments: 
I .   LOR,  16Nov04 
2.  Response to LOR, 
3.  LOR, 4 Nov 04 
4.  Response to LOR, undated 
5.  LOR, 29 0ct 04 
6.  No Contact Order, 10 Nov 04 
- - - - - - , 
:,  22 Stp 04 
7.  MFR, SSgt: 
8.  365 TRS Rlh~~;aluation, 22 S e p  04 
9.  AETC Form 341,13 Sep -6  Nov 04 (3) 
10. AETC Form 125A, 6 Dee 04 

I  1. Student Training Report, 04I01 
12. MFR, SrA : 
13. Lackland h?B~b~rrn 205,7 Jun 04 

i, 2 Dec 04 

I - - - - -  - '  

14. Airman's Receipt to Notification Memorandum  w d