AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

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EXHIBITS SUBMITTED TO THE BOARD 

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I  ORDER APPOINTING THE BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTlFICATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

EARING DATE 

1  Nov 2006 
.PPLICANT'S ISSUE AND Me BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE RMIEW BOARD DECISIONAL RATIONALE 

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I  FD-2006-00083 

iase heard in Washington, D.C. 

.dvise applicant of the decision of the Board, the right to a personal appearance withlwithout  counsel, and the right to submit an 
pplication to the AFBCMR 

lames and votes will be made available to the applicant at the applicant's  request. 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB.  MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00083 

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 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: 

Applicant contends that he has completed the time required to have his discharge upgraded.  The records 
indicated the applicant received two Article  15's, a Vacation, two Letters of Reprimand, and Records of 
Individual Counseling for misconduct.  The applicant was administratively disciplined for being late for 
duty, failure to go, and dereliction of duty.  His first Article  15 was for missing the movement of Flight 
Mission, failing to follow an order to refrain from using alcohol, and making an official statement with intent 
to deceive.  He was punished with a reduction in grade to Airman First Class, 45 days restriction, and 45 
days of extra duty.  The second Article  15 was for failure to go to appointed place of duty and failure to 
properly inspect a toolbox.  He received a suspended reduction in grade to Airman and 30 days of extra duty. 
He received a Vacation for failure to go to appointed place of duty and was reduced 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.  While a discharge may be upgraded after six months, the upgrade is by no means 
automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or 
impropriety took place at the time of discharge.  In this case, none was found, so the Board denied the 
appeal. 

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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Dyess AFB, TX on 23 Jun 
05 UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable Involvement 
with Military or Civil Authorities).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Feb 77. Enlmt Age: 19 11/12.  Disch Age: 28 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-32,  E-40,  G-44,  M-61. PAFSC: 2A753 -  Aircraft Structural 
Maintenance Journeyman. DAS: 14 May 03. 

b.  Prior Sv:  (1) AFRes 5 Feb 97 -  6 May 97 (3 months 2 days) (Inactive) . 

days, all AMS.  AMN -  7 Nov 97.  A1C -  7 Sep 98.  SrA -  7 May 00.  EPRs: 3,3. 

( 2 )   Enlisted as AB 7 May  97 for 4 yrs.  Svd: 3 yrs 6 months 5 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 13 Nov 00 for 6 yrs. Svd: 04 Yrs 07 Mo 10 Das, all 

AMS . 

b.  Grade Status:  A m  -  8 Apr 05  (Vacation of Article 15, 18 May 05) 

A1C -  4 Feb 05  (Article 15, 4 Feb 05) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 May 05, Vacation, Dyess AFB, TX -  Article 86.  You, 

did, on or about 4 May  05, without authority, fail to go 
at the time prescribed to your appointed place of duty, 
to wit: 7th Equipment Maintenance Squadron, Building 
8130, Dyess AFB, Texas.  Reduction to Airman. 
(No appeal)  (No mitigation) 

(2) 08 Apr 05, Dyess AFB, TX -  Article 86.  You, did, on or 

about 24 Mar 05, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Wing Conference Room, 466 5th Street, Dyess AFB, Texas. 
Article 92.  You, who knew or should have known of your 
duties, on or about 24 Feb 05, were derelict in the 
performance of those duties in that you negligently 
failed to properly inspect toolbox EF-lN, as it was your 
duty to do.  Suspended reduction to Airman.  Thirty days 
extra duty. (Appeal/Granted) (No mitigation) 

(3) 4 Feb 05, Dyess AFB, TX -  Article 87.  You did, at or 
near Camp Justice, Diego Garcia, British Indian Ocean 

Territory, on or about 12 Jan 05, through neglect miss 
the movement of Flight Mission TRQJZF400011 with which 
you were required in the course of duty to move. 
Article 92.  You, having knowledge of a lawful order 
issued by the Fortieth Air Expeditionary Maintenance 
Squadron Commander not to consume alcohol, an order 
which it was your duty to obey, did, at or near Camp 
Justice, Diego Garcia, British Indian Ocean Territory, 
on or about 11 Jan 05, fail to obey the same by 
wrongfully consuming alcohol.  Article 107.  You did, at 
or near Camp Justice, Diego Garcia, British Indian Ocean 
Territory, on or about 12 Jan 05, with intent to 
: an official 
deceive, make to CMSgt .................................. ' 
statement, to wit :  that SSgtl..-....-..-..-.-.-..-.. 
wingman, which statement was totally false, and was then 
known by you to be so false.  Reduction to AlC, 45 days 
restriction, and forty five days extra duty. (No appeal) 
(No mitigation) 

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

i was your 

e.  Additional: LOR/UIF, 21 JUL 04 - Late for duty on two occasions. 

LOR, 01 JUL 04 -  Late for duty. 
RIC, 24 JUN  04 -  Late for duty. 
RIC, 31 MAR 04 -  Late for duty. 
RIC, 16 JAN 04 -  Dereliction of duty. 
RIC, 16 J U N   03 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 7 Jan 00 -  6 Jan 01  Fairchild AFB  3  (Annual) 
7 Jan 01 -  6 Jan 02  Fairchild AFB  3  (Annual) 
7 Jan 02 -  7 Dec 02  OsanAB 
8 Dec 02 -  7 Dec 03  Dyess AFB 
8 Dec 03 -  7 Dec 04  Dyess AFB 

3  (CRO) 
4  (Annual) 
3  (Annual) 

h.  Awards &  Decs:  AFTR, AFLSAR ~ / 1  DEV, NCOPMER, NDSM, KDSM, GWOTSM, 

AFOUA W/1 DEV, AFGCM ~ / 1  DEV, SAEMR, AFOSSTR. 

i.  Stmt of Sv:  TMS:  (08) Yrs  (04) Mos  (19) Das 
TAMS:  (08) Yrs  (01) Mos  (17) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Feb 06. 

(Change Discharge to Honorable) 

Issue 1:  I have completed the time needed for a review of upgrading my 

discharge status. 

ATCH 
None. 

DEPARTMENT OF 'THE AIR  FORCE 
7TH EQUIPMENT MAINTENANCE SQUADRON (ACC) 

DYESS AIR FORCE BASE, TX 

MEMORANDUM FOR AMN i -----------------------------------------------------. 
FROM:  7 EMSICC 

..................................................... 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force for A Pattern of 
Misconduct - Discreditable Involvement With Military or Civil Authorities according to AFPD 
36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of 
Airmen, under the provisions of paragraph 5.50.1.  Copies of the documents to be forwarded to 
the separation authority to support this recommendation are attached. 

2.  My reasons for this action are: 

a.  You did, on 16 Jun 03, without authority, fail to go to a scheduled Military Equal 
Opportunity newcomer's  orientation, for which you were counseled, as evidenced by 
AF Form 174, dated 16 Jun 03. 

b.  You were, on 13 Jan 04, derelict in the performance of your duties in that you failed to 
perfom the cleaning, repairing, and operational checks of your machines, for which you were 
counseled, as evidenced by AF Form 174, dated 16 Jan 04. 

c.  You did, on 3 1 Mar 04, without authority, report approximately 35 minutes late for duty, 
for which you were counseled, as evidenced by AF Form 174, dated 3 1 Mar 04. 

d.  You did, on 24 Jun 04, without authority, report late for physical fitness time, for which 
you were counseled, as evidenced by AF IMT 174, dated 24 Jun 04. 

e.  You did, on 1 Jul04, without authority, report late for duty, for which you were 
reprimanded, as evidenced by LOR, dated 1 Jul04. 

f.  You did, on 21 Jul04, without authority, report 12 minutes late for duty.  You did, on 
22 Jul04, without authority, report 15 minutes late for duty.  For this misconduct you were 
reprimanded and an .Unfavorable Information File was established, as evidenced by LOR, 
dated 2 1 Jul04, and AF Form 1058, dated 9 Aug 04. 

g.  You did, on 11 Jan 05, at Camp Justice, Diego Garcia, British Indian Ocean Territory, fail 
to obey a lawfil order in that you wrongfblly consumed alcohol.  You did, on 12 Jan 05, 
without authority, miss the movement of you flight mission.  You did, on 12 Jan 05, with the 

CMSgti to - - deceive, 
intent 

- - - - - - - - -  make a false --------------------. 
.----------- 
totally false.  For this misconduct you received Article 15 punishment, as evidenced by 
AF Form 3070, dated 4 Feb 05. 

I  You told 
jwas your wingman, a statement that was 

i that ssgt! 

official statement to c ~ s g t :  

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

L....-.-.-....-.-.... 

h.  You did, on 24 Mar 05, without authority, report late for duty.  You were, on 14 Feb 05, 
derelict in the performance of your duties in that you failed to properly inspect toolbox 
EF-IN.  For this miscohduct you received Article 15 punishment, as evidenced by AF Form 
3070, dated 8 Apr 05. 

i.  You did, on 4 May 05, without authority, report late for duty, for which your suspended 
reduction in rank was vacated, as evidenced by AF Form 366, dated 18 May 05. 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
discharge.  I am recommending that you receive an Under Honorable Conditions (General) 
discharge.  The commander exercising special court-martial jurisdiction or a higher authority will 
make the final decision in this matter.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force and will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance funds may be subjected to 
recoupment. 

4.  You have the right to : 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, orin lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before deciding to waive any of 
your rights. 

5.  You have been scheduled for a medical examination.  You must report to 7th Medical 
Group Hospital, 697 Hospital Rd, Dyess AFB, TX, at 3 Jun 05 at 1530 hours. 

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

6.  Military legal counsel has been obtained to assist you.  I have made an appointment for you 
to consult Captl- - -- - - - - - - - - - - - - - -, 
: Area Defense Counsel, 397 3rd St, Bldg 7235, Dyess AFB, TX, 
DSN 461 -4233, Commercial (325) 696-4233 at 0900 hours on 25 May 05.  Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 5 1-201.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must 
be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifllng the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation. If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

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 the unit orderly room. 

9.  If you request a board and you fail to appear without good cause, your failure to .appear 
constitutes a waiver of your right to be present at the hearing. 

10. Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum 
3.  AF Form 174, dated 16 Jun 03 
4.  AF Form 174, dated 16 Jan 04 
5.  AF Form 174, dated 3 1 Mar 04 
6.  AF IMT 174, dated 24 Jun 04 
7.  LOR, dated 1 Jul04 
8.  LOR, dated 2 1 Jul04 
9.  AF Form 3070, dated 4 Feb 05 
10. AF Form 3070, dated 8 Apr 05 wIResponse 
and four attachments, Appeal of Nonjudicial Punishment, dated 
12 Apr 05, and Recommendation , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
11. Sworn Statement from MS@; ...............- 
: dated 24 Mar 05 
12. Sworn Statement from TSgt i ----------------- % dated 8 Mar 05 
13. AF Form 366, dated 18 May 05 
14. Sworn s t a t ~ ~ e n t  

from SSgt I - - -- - - - - - - - - - - - - - - - ! 

for Denial of Appeal, dated 12 Apr 05 

I - - - - - - - - - - - - - - - - - - - -