Search Decisions

Decision Text

AF | DRB | CY2006 | FD2006-00063
Original file (FD2006-00063.pdf) Auto-classification: Denied
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 



Similar Decisions

  • AF | DRB | CY2003 | FD2002-0352

    Original file (FD2002-0352.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Fen id AIC TYPE | ™ , GEN PERSONAL APPEARANCE _LX RECORD REVIEW COUNSEL. NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO xX VOTE OF THE BOARD MEMBERS SITTING HON GEN UOTHC OTHER DENY X xX X X X ISSUES INDEX NUMBER EXHIBITS SUBMITTED 1Q.THE BOARD A93.01, A93.19, A94,53 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF...

  • AF | DRB | CY2006 | FD2005-00347

    Original file (FD2005-00347.pdf) Auto-classification: Denied

    RECORD REVIEW X ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING I HON ( GEN UOTHC OTHER I DENY 1 ISSUES A92.21 - - - - - - - - - I INDEX NUMBER A67.10 IIEARING DATE 1 1 03 May 2006 I 1 CASENUMBER I FD-2005-00347 I 1 1 1 I 1 2 3 4 EXHIBITS SUBMKITED TO THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL...

  • AF | DRB | CY2007 | FD2007-00002

    Original file (FD2007-00002.pdf) Auto-classification: Denied

    The applicant received an Article 15 for failure to go to her appointed place of duty. The records also indicated the applicant continued her misconduct and was administratively disciplined for being late for duty, forwarding chain letters over the Air Force email, failure to carry out instructions, sleeping in the lounge during duty hours, disrespect towards an NCO, failure to complete CDCs and test failure, dereliction of duty, failure to go, insubordinate conduct towards an NCO on two...

  • AF | DRB | CY2003 | FD2003-00081

    Original file (FD2003-00081.pdf) Auto-classification: Denied

    (EF-V2) CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0081 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 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. For your actions, you received a LOR on 19 February 1999 (Atch 6).

  • AF | DRB | CY2003 | FD2002-0476

    Original file (FD2002-0476.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARn DECISIONAL RATIONALE CASE NUMBER FD20,32-047,5 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for his discharge, and to change his reenlistment code. g. Record of SV: 18 Apr 98 - 17 Apr 99 Mountain Home AFB 3 (Annua1)REF 18 Apr 99 - 31 Mar 00 Mountain Home AFB 4 (CRO) I (Discharged from Mountain Home AFB) h. Awards & Decs: AFLSA, AFTR, NDSM, AFOUA. On or about 12 Apr 00, you failed to go to your...

  • AF | DRB | CY2003 | FD2003-00142

    Original file (FD2003-00142.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) Es. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 2993-00142 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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.

  • AF | DRB | CY2003 | FD2002-0341

    Original file (FD2002-0341.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMREK FD2002-0341 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his reentry code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH A1C) 1. For this Respondent received an LOC on 29 Apr 98. e. On 6 Aug 98, Respondent was late for work.

  • AF | DRB | CY2006 | FD2006-00024

    Original file (FD2006-00024.pdf) Auto-classification: 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. The records indicated the applicant received an Article 15, four Letters of Reprimand, and two Records of Individual Counseling for misconduct. To: Air Force Review Board - - - - - - - - - - - - - - - - - - - , From: : L...............-.-: RE: M y request for a discharge change.

  • AF | DRB | CY2002 | FD2002-0238

    Original file (FD2002-0238.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2002-0238 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH Alc) 1. Recommend an honorable discharge and forward the case file to the 14th Air Force/CC for disposition; MASTER OF SPACE ‘Jul .25 02 07:29a DPMAR 719-567-5516 p-28 FID 2002-0225" c. Approve a general discharge, but suspend its execution for a period of up to one year for probation and rehabilitation; or d. Order respondent to be retained in the Air...

  • AF | DRB | CY2006 | FD2005-00435

    Original file (FD2005-00435.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) Issue I: During my time of service I was not financially sound. For this you received a Letter of Reprimand, dated 9 ~ a r (Atch Id) 99. e. On or about 1 Mar 99, you neglected to accomplish your assigned duties. For this you received a Letter of Counseling, dated 1 Mar 99.