NAME OF SERVICE MEMBER (LASI', FIRST MIDDLE INITLAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

I 

,A NAME OF COIINSEL AND OR ORGANIZATION 

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ADDHKSS AND ORORGANIZATION OF COIIYSEI. 

C 

TYPE  GEN 
?Swam 

YES 

No 
X 

MEMBER SITTING 

HEARING DATE 

CASE NUMBER 

3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEI,  FILE 
4 
COUNSEL'S RELEASE  I0 THE BOARD 
ADDITIONAI, EXHIBITS SIJBMITTED AT TIME OF 
PERSONAL APPEARANCE 

i 

'IAPE RECORDlNG OF PERSONAL APPbARANCE HE 

29 Sep 2006 
" ~ P P L I C ~ ~ P I U E  AND W E  B O W S  D%SIONAL  WTIONAL ARE D

I  FD-2006-00062 

I 

~

~

I 

I 

1 

THE ATTAWED AIR FORCE DISC HA ROE^ 

O

N

 

1 

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. 

+Reenlistment  Code 
*Reason and Authority 

550 C STREET WEST. SIJI'I'E 40 
RANDOLPH AFB, TX 781 50-4742 

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-- 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

SECRETARY OF TilE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCAARGF. REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREws  AFB, ~ ~ ' 2 0 1 6 2 - l O O i  

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBCH 

FD-2006-00062 

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

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,  change  of  reason  and  authority  for  discharge,  and  changc  of 
reenlistment code are 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 cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The Board was 
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of 
inequity or impropriety which would warrant an upgrade. 

Applicant requests that the reason (minor disciplinary infractions) for his discharge and reenlistment (RE) 
code be changed.  Applicant did not submit rationale to support the requested changes.  Member received 
five Letters of Reprimand and three Letters of Counseling.  On 11 December 2002, member was caught 
cheating on a HAZMAT exam.  On 11 August 2003, he failed to account for a $5,000 Radio and failed to 
account for an M9 pistol the following day.  On 16 October 2003, member was late for work and on 29 Oct 
03, member failed to wear BDU shirt under Gore-tex Jacket.  On 13 July 2004, member failed his room 
inspection, possessed unauthorized weapons in his dormitory room, and fell asleep on post.  The Discharge 
Review Board opined that the reason for discharge, Minor Disciplinary Infractions, was in accordance with 
AFI 36-3208, paragraph 5.49, Minor Disciplinary Infractions.  The Board concluded the reason and authority 
and the reenlistment code for 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Lackland AFB, TX on 21 
Sep 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Jan 83.  Enlmt Age: 17 8/12.  Disch Age: 21 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-64,  G-39,  M-65. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 31 Mar 04. 

b.  Prior Sv: (1) AFRes 29 Sep 00 -  06 Aug 01 (LO months 08 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Aug 01 for 6 yrs. Svd: 03 Yrs 01 Mo 15 Das, all AMS. 

b.  Grade Status:  A1C -  21 Sep 01 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF, 13 JUL 04 -  Sleeping on post, 

LOR/UIF, 13 JUL 04 -  Failed room inspection. 
LOR/UIF, 13 JUL 04 - Unauthorized weapons in room. 
LOC/UIF, 29 OCT 03 -  Failed to wear BDU shirt under Gore- 

Tex Jacket.  (Only on UIF Summary). 

LOC,UIF, 16 OCT 03 -  Late for work second consecutive day. 
LOR/UIF, 11 AUG 03 -  Dereliction of duty. 
LOC,UIF, 11 AUG 03 -  Dereliction of duty. 
LOR/UIF, 11 DEC 02 -  Cheating on exam. 

f.  CM:  None. 

g.  Record of SV: 7 Aug 01 -  6 Apr 03  RAF Alconbury  2  (InitialIREF 

7 Apr 03 -  9 Dec 03  RAF Alconbury  3  (CR0)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (11) Mos  (23) Das 
TAMS: (03) Yrs  (01) Mos  (15) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Feb 06. 

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

for Discharge) 

Issue 1:  I would like to attend college but I can't use my MGI Bill unless 

I have an honorable discharge and I can't get a good job without it!  I would 
possibly try to re-enlist in the armed forces.  I would also like you to change 
my Re-enlistment Code to a 1 so I could re-enlist as a Security Forces member in 
the Air Force.  Any help would be greatly apperciated (sic). 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMOJUhQUM  FOR A1 C : ..-..-.-..-.-..-.-.-------------------------------: 

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

,2 6 AUG  2004 

FROM:  37 SFSICCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The basis for my recommendation is AFPD 36-32 and MI 36-3208, paragraph 5,49. 
If'my recommendation is approved, your service will be characterized as Honorable, Under 
Honorable Conditions (General), or Under Other Than Honorable Conditions (UOTHC) 
discharge.  I am recommending that your service be characterized as General. 

2.  My reasons for this action are: 

a.  On 10 Dec 02, you were caught cheating while taking the HAZMAT Awareness exam. 
As a result, you received a Letter of Reprimand (LOR), dated 1 1 Dec 02, and an Unfavorable 
Information File (UW)  was established. 

b.  On 6 Aug 03, you failed to account for an M9 pistol,  As a result, you received a Letter of 

Counseling (LOC), dated 1 1 Aug 03, and this was entered into your UZF. 

c.  On 7 Aug 03, you failed to account for a Motorola XTS 3000 Radio, valued at $5,000.  As 

a result, you received an LOR, dated 1 1 Aug 03, and this was entered into your WIF. 

d.  On 16 Oct 03, you reported late for duty, for the second consecutive day.  As a result, you 

received an LOC, dated 16 Oct 03, and this was entered into your UIF. 

e.  On 12 Jul04, you had the following weapons in your room:  5 inch knife blade, air 

compressed dart gun with darts. As a result, you received an LOR, dated 13 Jul04, and this was 
entered into your UIF. 

f.  On 12 Jul04, your dorm room was found to be in total disarray.  As a result, you received 

an LOR, dated 13 Jul04, and this was entered into your UIF. 

g.  On 13 Jul 04, you were found asleep on your post.  As a result, you received an LOR, 

dated 13 Jul04, and this was entered into your Up;. 

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, if you are 

discharged, 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 for you.  I have 
made an appointment for you to consult the Area Defense Counsel at Building 61 19, on 

&4LK  X& 

at 

hours.  You may consult civilian counsel at your own 

expense.  If employed, civilian counsel must be readily available. 

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  -3 r 
receive an extension for good cause shown.  I will send them to the separation authority. 

, unless you request and 

4 u  we., 

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

7.  You have been scheduled for a medical examination.  You must report to w/JLo 

d4L L 
at  @a@ hours with your medical, 

on  /  C@ 

immunization, and dental records for the examination. 

8.  You have been scheduled for a Transition Assistance Program (TAP) briefing.  You must 
report ta the Family Support Center, Bldg 1249, 1561 Stewart Street, on  ? 3 0  
at 

1 3 a  o  hours for an appointment with  m S - 

SO  UAJA 

9.  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 Commander's  Support Staff. 

:..-.-..-.-..-.-..-------------------------' 

37 SFS, Squadron Section Commander 

Attachments: 
1.  LOR, dated 1 1 Dec 02 
2.  LOC, dated 11 Aug 03 
3.  LOR, dated 1 1 Aug 03 
4.  LOC, dated 16 Oct 03 
5.  LOR, dated 13 Jul04 
6.  LOR, dated 13 Jul04 
7.  LOR, dated 13 Jul04 
8.  AF Form 1137, annotated w1Atchs