NAME OF SERVICE MEMBER (LAST, FIRST MIDD1,E INITIAI,) 

Gk4I)E 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARlNC RECORD 

1  I  ORDhR APPOINTING THE BOARD 
2 
3  1  LETTER OF NO'I'II'ICATION 
4  1  BRIEF OF PEKSONNEL FILE 

APPLICATION FOR U V I E W  OF DISCIIAKGE 

COUNSEL'S RETEASE TO THE BOARD 
ADDITIONAL EXHIBI'I'S  SUBMITTED A'l'  'I'IMF  OF 
PERSONAL APPEARANCE 
I  1 APE RECORDING OF PERSONAL APPEARANC t: 

1 

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HEARING  DATE 

18 May 2006 

CASE NlJMBEK 

FD-2006-00053 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

+ Change RE Code 
* Change Reason and Authority 

11,. 

SAFIMRRR 
550 C SI'IeET WEST, SIJITL- 40 
KANDOLPH AFR, TX 78150-4742 

SECRETARY O F  T l l E  AIR FORCE PERSONNEL COIJNCII. 
AIR  FORCE DISCHARGE  REVIE\\'  BOARD 
1535 COhlMAYU  DR.  EE WIHG. 3RD FI.OOR 
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-2006-00053 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reasoll  and 
authority for the discharge, and to change the reenlistment code. 

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 18 May 2006. 

The following additional exhibits were submitted to the DKB: 

Exhibit #5 :  Character reference from Ms: ...-... ........% 
Exhibit #6:  Character reference from Mr: :,c*cccc*c*c*cccc*ci-(Fm~lo~er) 
Exhibit #7:  Character reference from Mr: 

.---------------- 

:(Aunt) -. 

I-..-..-..-..-..-..----: 

:(Former Employer) 

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  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue  1.  The applicant cited his desire to enlist with the United States Army.  'I'he DRB noted the applicant's 
desire but concluded that his desire standing alone was not a matter of inequity or impropriety which would 
warrant an upgrade. 

Issue 2.  Although not explicitly stated, the applicant suggested that his misconduct was a result of his youth 
and immaturity.  The records indicated the applicant received an Article  15 for failure to obey an order by 
driving a motor vehicle without a license; derelict in the performance of duty in that he negligently  failed to 
stay awake at work; failed to show up for End of Course Exain in proper uniform; and failed to go to 
appointed place of duty.  He was punished with a suspended reduction to airman, forfeiture of $289.00 pay, 
and restriction to the limits of Mildenhall for 14 days.  He received a vacation for being derelict in the 
performance of duty by using his Bank of America government travel card for other than travel purposes; 
and for writing bad checks.  As a result, he was reduced to airinan.  His misconduct was further documented 
by four Letters of Reprimand for failure to comply with unirorm standards; round sleeping on duty (two 
separate occasions); failure to go, driving without a valid drivers license; and dereliction of duty.  He 
received a Letter of Admonishment for showing disrespect to an NCO.  He also received five Records of 
Individual Counseling for failure to comply with standards; reporting late for duty; sleeping on duty; 
violation of a Technical Order; and failure to obey lawful order.  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. 

Issue 3.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized  his term of service. 

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 AMN)  (HGH  A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Keesler AFB MS, on 27 
Sep 02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Disch. 

2.  BACKGROUND: 

a. DOB: 22 Dec 78. Enlmt Age: 21 10/12.  Disch Age: 23 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-32,  (3-44, M-49. PAFSC: 2A634 -  Aircraft Fuel Systems 
Apprentice.  DAS: 05 May 01. 

b.  Prior Sv: (1) AFRes 30 Oct 00 -  05 Dec  00  (1 month 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  ~nlisted as AB 6 Dec 00 for 6 years. Svd: 01 Y ~ s  09 Mo 22 Das, all AMS 

b.  Grade Status:  A m  -  21 Mar 02  (Vacation of Article 15, 8  Aug 02) 

A1C -  22 Jan 01 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 8  Aug 02, Vacation, RAF Mildenhall England -  Article 

92.  You, who knew or should have known of your duties, 
between on or about 7 Jun 02 and 2 Jul 02, were derelict 
in the performance of those duties in that you willfully 
failed to use your Bank of America credit card for 
official travel purposes only, as it was your duty to 
do.  Article 134.  You did, on or about 10 Jun 02, make 
and utter to The Galaxy Club certain checks, in words 
and figures as follows, to wit:  check number 155 in the 
amount of $200 and check number 203 in the amount of 
$100, for the purpose of receiving goods, and did 
thereafter dishonorably fail to maintain sufficient 
funds in the Community Bank for payment of such checks 
in full upon their presentment for payment.  Reduced to 
A m .   (No appeal)  (No mitigation) 

(2) 21 Mar 02, RAF Mildenhall, England -  Article 92.  You 
did, on or about 22 Feb fail to obey a lawful general 
regulation, to wit: paragraph 2.1.1.2 AFI 31-204 dated 
14 Jul 00, by wrongfully driving a motor vehicle without 
a valid driver's license.  You, who should have known of 
your duties, on or about 19 Feb 02, were derelict in the 
performance of those duties in that you negligently 

failed to stay awake at work, as it was your duty to do. 
You, who should have known of your duties, on or about 
26 Feb 02, were derelict in the performance of those 
duties in that you negligently failed to .show up for 
your End of Course Exam in proper uniform as it was your 
duty to do.  Article 86.  You did, on or about 27 Feb 
02, without authority, fail to go at the time prescribed 
to your appointed place of duty, to wit: Bldg 111. 
Suspended reduction to A m .   Forfeiture of $289 pay and 
restriction to the limits of RAE Mildenhall, for 14 
days.  Fourteen days extra duty and reprimand. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIE, 
LOA/UIF, 
LOR/UI F , 

15 AUG 02 -  Dereliction of duty. 
01 JUL  02 -  Showing disrespect towards an NCO. 
09 MAY 02 -  Failure to go and driving without a 
11 FEB 02 -  Found sleeping on duty, twice during 
16 JAN 02 -  Failure to comply with uniform 

valid drivers license. 

the same shift. 

standards. 

30 NOV 01 -  Failure to obey a lawful order. 
16 NOV 01 -  Late for duty and violation of a 

Technical Order. 
26 OCT 01 -  Sleeping on duty. 
17 AUG 01 -  Reporting late for duty. 
11 JUL  01 -  Failure to comply with standards., 

f.  CM:  None. 
g.  Record of SV: 06 Dec 00 -  05 Aug 02  RAF Mildenhall  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (28) Das 
TAMS:  (01) Yrs  (09) Mos  (22) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 25 Jan 06. 

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

Authority for Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 

PPORTINO DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.) 

WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION:  (Continue on a plain sheet of paper if mom space is needed.) 

a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

-. ,:' 
, * 
~.''I;SUES 

The Board will consider any issue submitted by  yo^; prior t o  closing the case for deliberation.  The Board will also review the case to 

determine whether there  are any issues that provide a basis for upgrading your discharge.  However, the Board is not required t o  respond in 
writing t o  issues of concern to you unless those issues are listed or incorporated by specific  reference below.  Carefully read the instructions 
that pertain to Block 8  prior t o  completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

I 

I 

I I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date) 
AND A M  COMPLETING THlS FORM IN ORDER TO  SUBMIT ADDITIONAL  ISSUES. 

I THE ABOVE ISSUES SUPERSEDE ALL  PREVIOUSLY SUBMITTED. 

I 

I 

I 

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9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code,  Title  18, Section  1001, provides that an individual shall be fined under this title or  imprisoned not more  than 5 years, 
or both.) 

a.  DATE (YYYYMMDD) 

b.  SIGN~~UJDS .-...-..------------ 

/->------------------------- 

UPON COMPLETION,  MAIL THlS APPLICATION TO APPLICABLE ADDRESS BELOW 

ARMY 

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1 

NAVY & MARINE CORPS 

Boards Agency 

Army 
Support Division,  St. Louis 
ATTN:  SFMR-RBR~SL 
9700 Page Avenue 
st. ~
1 
I 
DD FORM 293, OCT  1997 

~
MO  631 32.5200 

~

~

i

Naval Council of Personnel Boards 
Bldg.  3 6  - Washington Navy Yard 
901 M Street, S.E. 
Washington,  DC  20374-5023 
,

 

AIR  FORCE 

SAF/MIBR 
550-c  street west,  suite 4 0  
Randolph AFB,  TX  781 50-4742 

I 

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COASTGUARD 

Commandant (WPM-60) 
U.S. Coast Guard Headquarters 
Washington,  DC  20593-0001 

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Page 2 of 4 Pages 

i 

DEPARTMENT OF THl3 AIR FOXCE 

HEADQUARTERS lOOTH AIR REFUELING WING (USAFE) 

F ~ w 6 -

 * 5 3  

M m m R r n U M  FOR AML\J i- --- --- --- --- --- --- --- --- --- --- --- --- --- -- --- -; 

100th MAINTENANCE SQUADRON 

.  . 

FROM:  100MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Minor 
Disciplinary Infractions.  The authority for this action is AITPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If  my recommendation is approved, your service will be characterized as either 
honorable or general.  I am recommending that your service be characterized as general. 

2,  My reasons for this action are: 

a.  On or about 7 August 2002 and 8 August 2002, you failed to report to work on time, 
For your failure, you received a Letter of Reprimand (LOR), dated 15 Aug 02.  This LOR was 
placed in your existing Unfavorable Information File (UIF). 

< 

b,  Between on or about 7 June 2002 and 2 July 2002, you failed to use your Bank of 
America government credit card for official travel purposes and you dishonorably failed to 
maintain sufficient funds in the Community Bank for payment of certain checks to the Galaxy 
Club.  As a result, on 8 August 2002, your suspended nonjudicial punishment was vacated and 
you were reduced to the grade of Aiman  (E-2). 

c,  On or about 17 June 2002, you were disrespectful to SSgt I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - -  

j  For 
your misconduct, you received a Letter of Admonishment (LOA), dated 1 July 2002,  This LOA 
was placed in your existing Unfavorable Information File (UIF). 

: 

d.  On or about 15 March 2002, you failed to go to your appointed place of duty at the 
appointed time and you wrongfully drove a motor vehicle without a driver's license.  For your 
misconduct, your received a Letter of Reprimand, dated 9 May 2002.  This LOR was placed in 
your existing Unfavorable Information File (UIF). 

e.  Between on or about 19 February 2002 and 27 February 2002, you failed to stay awake 

a work, wrongfhlly drove a motor vehicle without a driver's license, failed to wear the proper 
uniform for your End of Course Exam, and failed to go to your appointed place of duty at the 
appointed time.  For your many failures, you received nonjudicial punishment on 21 March 2002 
for violation of Article 92 and Article 86,  As a result, your punishment consisted of a suspended 
reduction to the grade of Airman (E-2), forfeiture of $289 pay, restriction to the limits of RAF 
Mildenhall, United Kingdom for 14 days, 14 days extra duty and a reprimand. 

f.  On or about 29 January 2002, you were found sleeping while performing fireguard 

duty.  For your misconduct, you received a Letter of Reprimand, dated 11 Februaq'2002.  This 
LOR created an Unfavorable Information File. 

g.  On or about 10 January 2002, you reported to your duty section without wearing the 
required uniform.  For your failure, you received a Letter of Reprimand, dated 16 January 2002. 

h.  On or about 24 November 2001, you failed to wear your BDU hat.  For your failure, 

you received a Record of Individual Counseling (RIC), dated 30 November 2001. 

i.  On or about 14 November 2001, you arrived late for duty and were found in the aircraft 

cell dock with a mobile phone.  For your misconduct, you received a Record of Individual 
Counseling, dated 16 November 2001. 

j.  On or about 25 October 2001, you were found on a couch in the locker area of hangar 

769 asleep.  For your misconduct, you received a Record of Individual Counseling, dated 26 
November 200 1. 

k.  On or about 17 August 2001, you failed to report for duty at the required time.  For 

your failure, you received a Record of Individual Counseling, dated 17 August 2001. 

1,  On or about 11 July 2001, you failed to wear a protective supplied air respirator while 
performing your duties.  For your failure, you received a Record of Individual Counseling, dated 
11 July 2001. 

3.  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 how your 
service will be characterized. If you are discharged, you will be ineligible for reenlistment in the 
Air Force. 

4.  You have the right to counsel.  Military legal counsel has been obtained to assist you.  I have 
made an appointment for you to consult the Area Defense Counsel, at building 948, RAF 
Lakenheath, DSN 226-3608 on Thursday, 29 August 2002 at 1000 hours with Capt 
Rodrigues.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three (3) duty days of the date of 
this letter unless you request and 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 have been scheduled for a Separations Briefing. Please report to Building 436, Room 
205, RAF Mildenhall, DSN 238-5322 on Tuesday, 27 August 2002 at 1000 hours. 

8.  You are scheduled for a medical examination. You must report, with your medical records 
to Building 954, RAF Lakenheath, Family Practice on Wednesday, 11 September 2002 at 
0730.  You must be in uniform.  If  you have been prescribed glasses, you must wear your glasses 
to the appointment. 

9.  Any personal information you furnish i n  rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available for your use at the unit orderly room or the Area Defense 
Counsel office. 

Commander 

Attachments: 
1.  Airman's receipt of notification memorandum 
2.  Letter of Reprimand w/ULF, dtd 15 Aug 02 
3.  Record of Vacation of Nonjudicial Punishment, dated 8 August 
4.  Letter of Admonishment, dtd 1 Jul02 
5.  Letter of Reprimand w/UIF, dtd 9 May 02 
6.  Record of Nonjudicial Punishment Proceedings, dated 21 Mar 02 
7.  Letter of Reprimand w/UIF, dtd 11 Feb 02 
8.  Letter of Reprimand, dtd 16 Jan 02 
9.  Record of Individual Counseling, dtd 30 Nov 01 
10. Record of Individual Counseling, dtd 16 Nov 01 
11. Record of Individual Counseling, dtd 26 Nov 01 
12. Record of Individual Counseling, dtd 17 Aug 01 
13. Record of Individual Counseling, dtd 11 Jul01 
14, Record of Individual Counseling, dtd 14 Jan 99 
15. EPR (1) 
16. Records Review RIP