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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE JNJTJAl.) 

ADDRESS AND OR ORGANIZATION OF COIINSEI, 

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MEMBER SITTING 

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VOTE OF '@E .M$*  BOARD  .+3,,.),: 

GEN 

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ISSUES 

A95.00 

INDEX NUMBER 

A67.10 

I  ORDER APPOINTING THE BOARD 

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2  1  APPI,ICATION  FOR REVIEW OF DISCHAKCJE 

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COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAI.  EXtIIBI'TS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE HE 
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HEARING DATE 

1  17 Oct 2006 

CASE NUMBER 

I  FD-2006-00094 

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APPLICAWSISUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED  ON THE AlTACHED  AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONaE 

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

TO: 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLI'tI  AFB, TX 781 50-4742 

INDORSE,MENT 

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DATE:  IOIU/2006 

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SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
%IH tORCE DISC'H.\RCE  REVIE\\  BOARD 
1535 C'OhIhIQND DR. EE \\INC.  3RD FLOOR 
ANDREHS AFtl. hlD 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-2006~00094 

GENEFUL:  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 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 serve once again in the armed forces.  The records indicated the applicant 
received three Letters of Reprimand, a Letter of Counseling, and three AETC Form 173's for misconduct. 
The applicant was administratively disciplined with three Letters of Reprimand for driving a privately owned 
vehicle during Phase 1 and making a false official statement; violating quiet hours in the dormitory, failure 
to go, and exhibiting public display of affection while in uniform and lying; failure to have phase card, 
wearing inappropriate clothing while in Phase 1 and dereliction of duty.  His misconduct was further 
documented with a Letter of Counseling for making an inappropriate comment to a female Charge of 
Quarters.  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 AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 30 
Mar 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Dec 84.  Enlmt Age: 18 8/12.  Disch Age: 20 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-62,  G-42,  M-44. PAFSC: 2A611D - Aerospace Propulsion 
Helper. DAS: 5 Apr 04. 

b.  Prior Sv: (1) AFRes 21 Aug 03 -  17 Feb 04 (5 months 27 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Feb 04 for 6 yrs. Svd: 01 Yrs 01 Mo 13 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15,s:  None. 

e ,   Additional: LOR, 01 FEE 05 -  Driving a privately owned vehicle during 

LOR, 18 JAN 05 - Violating quiet hours by playing stereo 

Phase I and making false official 
statement. 

extremely loud in the dormitory.  Failure 
to go.  Driving privately own vehicle 
during Phase I.  Exhibiting public d i s p l a y  
of affection while in uniform, and lying. 

LOR, 21 DEC 04 -  Failure to have phase card.  Entering a 
building through a first floor window. 
Wearing inappropriate clothing while in 
Phase I.  Dereliction of duty. 

LOCI 12 OCT 04 -  Making an inappropriate comment to a 
AETC 173, 28 JVN 04 -  Three negative 341s for uniform 

female Charge of Quarters. 

AETC 173, 10 JUN  04 -  Unsatisfactory performance. 
AETC 173, 06 MAY 04 -  Failing three Progress Checks. 

violations. 

f,  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR, NDSM, GWOTSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (07) Mos  (10) Das 
TAMS:  (01) Yrs  (01) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEWa  Appln  (DD Fm 293) dtd 11 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting an upgrade from General to Honerable  (sic) so that 

I may renter  (sic) as a productive member of the Air Force. 

ATCH 
None. 

DEPAFtTMENT OF THE AIR FORCE 

AIR EDUCATION AND TR4INING COMMAND 

MEMORANDUM FOR ABI- 

FROM:  361 TRS/CCQ 

SLTBJECT:  Notification Memorandum 

361 TRS  2.7 /CI * p  US 

1. I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  You, who knew or should have known of your duties, at or near Sheppard AFB TX, on or 

about 20 Jan 05, were derelict in the performance of those duties in that you failed to refrain 
from driving your privately owned vehicle while in Phase I during duty hours, as it was your 
duty to do.  For this misconduct and subparagraph "b" below, you received a Letter of 
Reprimand (LOR) on 1 Feb 05. 

b.  You did, on or about 20 Jan 05, at or near Sheppard AFB TX, with intent to deceive, make 
an official statement, to wit: you had not been driving your vehicle that day, which statement was 
totally false, and was then known by you to be so false. 

c.  You, who knew or should have known of your duties, at or near Sheppard AFB TX, on or 

about 14 Jan 05, were derelict in the performance of those duties in that you failed to refrain 
from driving your privately owned vehicle while in Phase I during duty hours, as it was your 
duty to do.  For this misconduct and subparagraphs "d,"  "e,"  and "f' below, you received a LOR 
on 18 Jan 05. 

d,  You, who knew or should have known of your duties, at or near Shqpard AFB TX, on or 
about 14 Jan 05, were derelict in the performance of those duties in that you willfully failed to 
refrain from kissing another female aiman while in uniform, as it was your duty to do. 

e.  You did, at or near Sheppard AFB TX, on or about 4 Jan 05, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit: Charge of Quarters, at 1300. 

f.  You, who knew or should have lcnown of your duties, at or near Sheppard AFB TX, on or 

about 2 Dec 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from playing your stereo extremely loudly in the dormitory during quiet hours, as it was 
your duty to do. 

g.  You, who h e w  or should have known of your duties, at or near Sheppard AFB TX, on or 

about 26 Nov 04, were derelict in the performance of those duties in that you failed to show a 
Sheppard AFB Form 303A, 82 TRW Phase Card, to the Nightingale Team, as it was your duty to 
do.  For this misconduct and subparagraphs "h",  "i,"  and "j" below, you received an LOR on 21 
Dec 04. 

h.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 26 Nov 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from entering building 516 through a first floor window, as it was your duty to do. 

i.  You, who'knew or should have known of your duties, at or near Sheppard AFB TX, on or 
about 26 Nov 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from wearing PRT gear while in Phase I, as it was your duty to do. 

j.  You did, ,at or near Sheppard TX, on or about 8 Dec 04, without authority, fail to go at the 

time prescribed to you appointed place of duty, to wit:  Squadron details. 

k, You, who knew or should have laown of your duties at or near Sheppard AFB TX, on or 

about 12 Oct 04, were derelict in the performance of those duties in that you failed to refrain 
from making inappropriate comments  towards a fellow female airman, specifically, you referred 
to her as someone's  "sex  puppet," as it was your duty to do.  For this misconduct, you received a 
Letter of Counseling (LOC) on 12 Oct 04. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will ba 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 reenlistment in the Air Force and will probably be denied enlistment in any component of the 
m e d  forces. 

3.  You have the right to consult counsel.  Milit 

I have made an appointment for you to consult 2aj  G w e a   , Area Defense Counsel, at 

legal counsel has been obtained to assist you. 

BLDG 1638, on  3 'd  Aar  Us  at 
counsel at your own expense. 

1 lb 00 

hours.  You may consult civilian 

4. You have the right to submit statements in your own  half.  Any statements you want the 

separation authority to consider must reach me by k dq  4 r  0 5  , unless you request and 

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

5.  If you fail to consult counsel or submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 
6.  You were scheduled for a medical examination on  9 5 h r  05 

7.  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 361 TRS student administration office, 

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

ommander C 

Squadron Sectio 

Attachments: 
1.  LOR,  1 Feb05 
2.  LOR, 18 Jan 05 
3.  LOR, 21 Dec 04 
4.  LOC, 12 Oct 04 
5.  AETC Form 173,28 Jun 04 
6. AETC Form 173,lO Jun 04 
7.  AETC Form 173,6 May 04 
8.  Student Training Report, 04022 
9.  LAFB Fonn 205,5 Apr 04 

10.  Airman's Receipt of Notibation Memorandum (,.,J d