AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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A94.53 

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INDEX NUMBER 

A67.50 

HEARING DATE 

CASE NUMBER 

1  1  I  ORDER APPOTN'I'ING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NUI'IFICATION 
BRIEF OF I'ERSONNEI..  FILE 
COUNSEL'S  RF.l.F.ASE TO THE BOARD 
AIIIJITI  NAL EXHIBITS SIJBMI'l"I'F.1) AT I'IMB OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEAKANCE HE 

28 Sep 2006 
APPLICANTS tSSUE AND THE BOARD'S  DECISIOXAL R4ITONAL ARE DiStVSSED ON T71E ATTACHED AIR  FORCE DISCHARGE REVIEW 804RD DF.CISLON.4L RATIONALE 

FD-2006-00045 

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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. 

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1  TO: 

v  ~ ~ ~ D O R S E ~ I E N T  

DATE:  lO/Z/Z006 

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SECRETARY OF TllE AIR FORCE PERSONNEL COlJNClL 
AIR FORCE DISC'HARGL REVIEW BOARD 
1535 COhl.MAhD DR, EE WIVC. 3RD  FI.OOH 
ANDREWS AFB.  MD 20762-7002 

SAFlMRDR 
550 C STREET WEST, SUITE 40 
RANIIOLPH AFB. TX 78150-4742 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00045 

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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 cited his desire for upgrade to improve job opportunities.  The records 
indicated the applicant received an Article  15, a Vacation, a Letter of Reprimand, and three Records of 
Individual Counseling for misconduct.  He was administratively disciplined for financial irresponsibility and 
failure to attend mandatory appointments.  The Article  15 was for being derelict in the performance of duties 
by failing to have necessary technical data with him to launch/recover an aircraft.  I Ie received a suspended 
reduction in grade to airman first class and thirty days of extra duty.  The Vacation was for being dcrelict in 
the performance of duty by failing to have necessary technical data available prior to commencing an aircraft 
jacking procedure.  He was reduced in grade to airman first class.  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 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN ~ i s c h  fr USAF Luke AFB, AZ on 27 Jan 
95 UP AFI 36-3208, Para 5.50  (Pattern of Misconduct).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 15 Jun 72.  Enlmt Age: 18 7/12.  Disch Age: 22 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-82,  G-74,  M-78. PAFSC: 2A333B -  Tactical Aircraft 
Maintenance Apprentice -  F-16.  DAS: 10 Nov 93. 

b.  Prior Sv: (1) AFRes 12 Feb 91 -  5 May 91 (2 mos 24 das)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Amn 6 May 91 for 4 years Svd: 03 Yrs 08 Mo 22 Das, all A M S .  

b.  Grade Status:  A1C -  7 Oct 94  (vacation of Suspension, 9 Dec 94) 

SrA -  6 May 94 
A1C -  6 Mar 92 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Dec 94 -  Vacation, Luke AFB, AZ -  Article 92.  You, 

who knew of your duties, on or about 23 Nov 94, were 
derelict in the performance of those duties in that you 
negligently failed to have the necessary technical data 
available prior to commencing an aircraft jacking 
procedure, as it was your duty to do.  Reduction to A1C 
(No appeal)  (No mitigation) 

(2) 7 Oct 94 -  Luke AFB, AZ -  Article 92.  You, who knew of 
your duties, on or about 26 Sep 94, were derelict in the 
preformance of those duties in that you negligently 
failed to have the necessary technical data with you to 
launch/recover an aircraft, as it was your duty to do. 
Suspended reduction to AlC.  Thirty days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: RLC, 17 DEC 93 -  Missed Appointment. 
RIC, 15 MAR 94 -  Missed Appointment. 
LOR, 16 MAR 94 -  Failure to go. 
RIC, 21 JUL 94 -  Financial Irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 06 May 91 -  05 Jan 93  Misawa ABS  3  (Initial) 

06 Jan 93 -  01 Oct 93  Misawa ABS  4  (CRO) 
02 Oct 93 -  01 Oct  94  Luke AFB  4  (Annual) 

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

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i.  Stmt of Sv:  TMS: (03) Yrs  (11) Mos  (16) Das 
TAMS: (03) Yrs  (08) Mos  (22) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  I wish to have my records reviewed for upgrade to Honorable to 

improve job opportunities.  1 thank you for taking the time to review my records 
and consider me for this upgrade. 

ATCH 
None. 

1)EPARTM"ENT OF THE AIR FORCE 
62ND FIGHTER SQUADRON (AETC) 
LUKE AIR FORCE BASE ARIZONA 

MEMORANDUM FOR AlC i 

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FROM:  CC 

SUBJECT:  Notification Memorandum 

0 9 JAN  1g95 

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1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct.  The authority for this action is AFI 36-3208, Section H, paragraph 5.50.  If 
my recomrnendation is approved, your service will be characterized as honorable, general, 
or under other than honorable conditions. I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On or about 23 November 1994, you were derelict in the performance of your 

duties, as evidenced by the vacation of suspended nonjudicial punishment, dated 9 
December 1994. 

b.  On or about 26 September 1994, you were derelict in the performance of your 

duties, as evidenced by  an Article 15, dated 7 October 1994. 

c.  Between 28 March 1994 and 9 June 1994, you failed to maintain sufficient 
hnds in your checking account, as evidenced by a Letter of Counseling, dated 21 July 
1994. 

d.  On or about 8 March 1994, you failed to go to a dental appointment, as 

evidenced by a Letter of Reprimand, dated 16 March 1994. 

e.  On or about 15 February 1994, you failed to go'to a dental appointment, as 

evidenced by a Letter  of Counseling, dated 15 March 1994. 

E  On or about 14 December 1993, you failed to go to a mandatory training class, 

as evidenced by a Letter of Counseling, dated 17 December 1993. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recomrnendation 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 
discharged, how your service will be characterized.  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 subjected to recoupment. 

4,  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  An  appointment for you to consult the Area Defense Counsel at Building 
1 150, Suite 2076, Luke AFB, AZ,  extension 670 1 has been scheduled for  9 T A J ~  9s 
at 

.  You may consult civilian counsel at your own expense. 

/r/oo 

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  //oo,//z  TN Shunless you 
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.  You must retrieve your medical records from the 56th Medical Group Hospital 
Outpatient records and immediately report to Physical Exams, Building 8 10, with your 
medical records and your copy of this MI 36-3208 discharge package for medical review 
andlor examination. 

8.  Any personal information you fbrnish in rebuttal is covered by the Privacy Act 
Statement.  A copy of AFI 36-3208 is available for your use in your unit orderly room. 

6 Atchs: 
1.  AF  Form 366, dtd 9 Dec 94 
2.  AF Form 3070, dtd 7 Oct 94 
3.  Ltr of Counseling, dtd 21 Jul94 
4.  Ltr of Reprimand, dtd  16 Mar 94 
5.  Ltr of Counseling, dtd  15 Mar 94 
6. Ltr of Counseling, dtd  17 Dec 93