NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI,)
GRADE
AFSNISSAN
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
MEMBER SITTING
ISSUES
A93.01
IhDEX Nllh1Bt.H
A67.10
IIEARING DATE
CASE NUMBER
EXHIBITS SUBNITTEDTO TBE BOARD
I ORDER APPOINTING THE BOARD
1 APPLlCATlON FOR MVlEW OF DISCHARGE
I 1
2
3 1 LETTER OF NOTIFICATION
4
BRIEF OF PERSONNEL FILE
COUNSEL'S KELEASE TO 'TtE BOARD
ADDITIONAL EXHIBlTS SUBMITTED AT TlME 01:
PERSONAL APPEARANCE
I TAPE RECORDMG OF PERSONAI. APPEARANCE HE
I
17 Oct 2006
APPLIC4hTS ISSUE ~ ~ b : ' l l d i ; BOARD'S DECISIOXAL RATIONAL ARE DISCGSSED ON l%E ATTACHED AIR FORCI: DISCHARGE REVIEW BOARD 1)ECISIONAI. RATI0iiAI.E
FD-2006-00063
I
I
I
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.
*Reason and Authority
+Reenlistment Code
n
S I C N A ~ ~ E OFRECORUER
/ .
A
L?
/
I SIGNA r u n E OF BOARD PRESIDENA
TO:
SAFIMRHK
550 C SI'KEBT WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742
AFHQ FORM 0-2077, JAN 00
%DORSEMENT
THOM:
I
DATE: 1UL!3/2006
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING.3RD FLOOR
ANDREWS AFD, MD 20762-7002
I
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00063
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, changc 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:
Although not explicitly stated, applicant contends that he should not be penalized indefinitely for mistakes
he made when he was young and immature. He also cited his desire for upgrade of his discharge to allow for
reenlistment into the armed forces. The DRB recognized the applicant was 22 years of age when the
discharge took place. However, there is no evidence he was immature or did not know right from wrong.
The records indicated the applicant received an Article 15, four Letters of Reprimand, and a Record of
Individual Counseling for misconduct. In reverse order of occurrence, the applicant received four Letters of
Reprimand for failure to follow orders, tampering with a fire alarm and setting off a false alarm, failing a
dorm room inspection and sleeping on duty. He had further misconduct documented by a Record of
Individual Counseling for misplacing an Apex tool. Finally, through his own neglect, applicant missed the
movement of two scheduled aircrafts deploying for Aviano in support of Operation ALLIED FORCE. He
was punished with a reduction in grade to airman. 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 AMN) (HGH AlC)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF Andrews AFB, MD on 21
Oct 99 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 Discharge.
2. BACKGROUND:
a. DOB: 3 Sep 77. Enlmt Age: 19 3/12. Disch Age: 22 1/12. Educ: HS DIPL.
AFQT: N/A. A-39, E-60, G-52, M-68. PAFSC: 2A333B - Tactical Aircraft
Maintenance Apprentice. DAS: 14 Nov 97.
b. Prior Sv: (1) AFRes 27 Dec 96 - 4 Mar 97 (2 months 8 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 5 Mar 97 for 4 yrs. Svd: 02 Yrs 07 Mo 17 Das, all AMS.
b. Grade Status: A m - 29 Jul 99 (~rticle 15, 29 ~ u l 99)
A1C - 6 Sul 98
A m - 6 Sep 97
c. Time Lost: None.
d. Art 15's: (1) 29 Jul 99, Spangdahlem AB, Germany - Article 87. You
did, on or about 6 Jun 99, through neglect miss the
movement of two scheduled aircraft deploying to Aviano
AB, Italy, in support of Operation Allied Force, with
which you were required in the course of duty to move.
Reduction to Airman. (No appeal) (No mitigation)
e. Additional: LOR, 05 AUG 99 - Sleeping on duty.
LOR, 05 AUG 99 - Failed dorm room inspection.
RIC, 20 MAY 99 - Misplaced tools.
LOR, 25 MAR 96 - Tampering with fire alarm and setting off
LOR, 06 MAR 98 - Failure to follow orders.
a false fire alarm.
f. CM: None.
g. Record of SV: 5 Mar 97 - 4 Nov 98 Spangdahlem AB 4 (Initial)
h. Awards & Decs : APTR, AFOSLTR
i. Stmt of Sv: TMS: (02) Yrs (09) Mos (05) DaS
TAMS: (02) Yrs (07) Mos (17) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 04 Feb 06.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
Issue 1: I want to be able to reenlist in the Air Force. I feel I have
grown in muturity (sic) seince (sic) I was discharged.
ATCH
1. DD Form 214.
DEPARTMENT OF THE AIR FORCE
5 2 ~ FIGHTER WINO (USAFE)
e
SEP 2 0 1998
MEMORANDUM FOR AN
22D FIGHTER SQUADRON
FROM:. 22 FSICCQ
SUBJECT: Notification Letter
1. I am recommending your discharge from the United States Air Forcc for Minor Disciplinary
Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If
my recommendation for discharge is approved, your service will be characterized as honorable
or general (under honorable conditions). I am recommending that your service be characterized
as general (under honorable conditions).
2. My reasons for this action are:
a. On or about 6 Mar 98, you failed to obey an order when you failed to maintain personal
hygiene and a clean and sanitary dormitory raom. For this infraction, you received a Letter
of Reprimand (LOR) on 6 Mar 98. (Atch 1)
b. On 19 Mar 98, you violated SARI 32-1, attachment 2 1, paragraph 8-21.1 when you
disconnected the fire detector in your dormitory room. For this infraction, you received a
second LOR on 25 Mar 98. (Atch 2)
c. On 18 May 99, you misplaced an apex tool and failed to return it to the appropriate place:
For this infraction, you received a Record of Individual Counseling (RIG) on 20 May 99.
(Atch 3)
d. On or about 6 Jun 99, you missed the movements of two scheduled deployments to
Aviano Air Base, Italy, in support of Operation Allied Force. For this infraction, you
received Article 15 Nonjudicial Punishment on 29 Jul99. You were reduced to the grade of
E-2 (Airman), with a new date of rank of 29 Jul99. (Atch 4)
e. On 3 Aug 99, you failed your dormitory room inspection when you failed to maintain a
clean and sanita-ry room. For this infraction, you received a third LOR on 5 Aug 99.
(Atch 5)
f. On 5 Aug 99, you were found sleeping on duty. For this infraction, you received a fourth
LOR on 5 Aug 99. (Atch 6)
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, if you are
discharged, how your service will be characterized. If you are discharged, you will be ineligible
for re-enlistment in the Air Force and any special pay, bonus, or education assistance funds may
be subject to recoupment.
4. You have the right to consult counsel. Mili
I have made an appointment for you with Ca t
Germany, DSN 452-6607, on
civilian counsel at your own expense.
legal counsel has been obtained to assist you.
, Spangdahlern AB,
hours. You may consult
5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within three dutY days, unless you request and
receive an extension in writing for good cause shown. I will send them to the separation
authority.
6. If you fail to consult counsel or to submit statements on your own behalf within the time
period prescribed, it will constitute a waiver of your right to do so.
7. You have been scheduled for a medical examination. You must report to the 52d Medical
Group, Physical Exams Element on 30 SE P 9 9
has also been made at uGHT. ptt ~1 f 1 (J
hours. An appointment
at 09 b 0 hours.
f ,
on
'
I
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 Commander's Support Staff office.
9. Execute the attached acknowledgment at Tab 2 and return it to me immediately.
7 Attachments:
I. LOR, 6 Mar 98.
2. LOR, 25 Mar 98.
3. AF Form 174,20 May 99.
4. AF Form 3070,29 Jul99.
5. LOR, 5 Aug 99.
6. LOR, 5 Aug 99.
7. Airman's receipt of Notification Letter, located at Tab 2
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