AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 

IX 

PERSONAL APPEARANCE 

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AB 
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AFSNISSAN 
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RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

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OTHER 

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DENY 

VOTE OR' THE BOARD 

ISSUES 

A95.00 
AO1.OO 

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INDEX NUMBER 

A67.30 

HEARING DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED T O  THE BOARD 

1  I  ORDER APPOINTING THE BOARD 
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1  APPLICATION FOR  REVIEW OF DISCHARGE 

PERSONAL APPEARANCE t I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 

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16 Nov 2006 
APPLfCANT'S  ISSUE AND THE BOARD'S DECISIONAL RAflONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DlSCHARGE REVIEW BOARD DECLSJONAL RATIONALE 

FD-2006-00095 

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Case heard at Washington, D.C. 
* Change reason for discharge  to Minor Disciplinary  Infractions 

Advise applicant of the decision of the Board 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. 

S AFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. JRD FLOOR 
ANDREWS AFB, MD 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-2006-00095 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant appeared and testified before the Discharge Review Board (DRB), without  counsel, at Travis 
AFB via video-teleconference with Andrews AFB, MD, on 16 Nov 2006. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge  is  denied.  Reason  for  discharge  should  be  changed  to  Minor 
Disciplinary Infractions. 

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.  However, the Board determined that the applicant's  reason for discharge was inappropriate and 
should be changed to Minor Disciplinary Infractions. 

ISSUE:  The records indicated the applicant received an Article  15 for being absent without leave (AWOL). 
He  was  also charged  and  found  guilty by  a  Summary Court Martial  for being  AWOL  from his  unit.  The 
evidence found in the record  indicated that the applicant was AWOL from his unit on two occasions.  The 
first occasion he  was  absent  for  2  days.  On  the  second  occasion,  he  was  absent  for  10 days.  The  DRB 
opined  that  the  applicant  had  ample  opportunities  to  contact  the  appropriate  personnel  in  his  chain  of 
command to secure military leave. The applicant understood proper leave procedures and chose to leave on 
impulse  instead  of  following  these  procedures.  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.  However, the Board determined that the applicant's  reason  for 
discharge  was  inappropriate  and  should  be  changed  to  read  Minor  Disciplinary  Infractions  because  the 
applicant had  not  committed an  offense which could have  resulted  in a punitive  discharge  as required  by 
AFI 36-3208, paragraph  5.52 .  His absence would have to have lasted for more than  30 days to make him 
subject to a punitive discharge at a court martial. 

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. 

However, the applicant's  reason for discharge should be changed to Minor Disciplinary Infractions under the 
provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

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(Former AB)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Luke AFB, AZ on 23 Dec 
03 UP AFI 36-3208, para 5.52.3  (Commission of a Serious Offense).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Mar 81.  Enlmt Age: 18 10/12.  Disch Age: 22 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-54,  G-48,  M-34. PAFSC: 2W151 - Aircraft Armament System 
Journeyman. DAS: 22 Aug 03. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Jan 00 for 6 yrs. Svd: 03 Yrs 10 Mo 27 Das, of which 

AMS is 03 yrs 10 months 9 days  (excludes 18 days lost time). 

b.  Grade Status:  AB  -  25 Nov 03  (Summary Court Martial, 25 Nov 03) 

SrA -  28 Jul 02 
A1C -  10 Mar 00 

c.  Time Lost:  22 Sep 03 thru 1 O c t  03 &  25 Nov 03 thru 4 Dec 03  (18 

days) . 

d.  Art 15's:  (1) 23 Jun 00, Sheppard AFB, TX -  Article 86.  You did, on 

or about 2 Jun 00, without authority, absent yourself 
from your unit, to wit: 363rd Training Squadron, and did 
remain so absent until on or about 4 Jun 00.  Forfeiture 
of $150.00 pay per month for 2 months.  Thirty days 
correctional custody (suspended) .  (No appeal) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  Summary Court Martial -  25 Nov 03 

CHARGE:  Article 86.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, on or about 22 Sep 03, without authority, 
absent himself from his unit, to wit:  56th Aircraft Maintenance 
Squadron, located at Luke AFB, Arizona, and did remain so absent 
until on or about 1 Oct 03.  Plea:  Guilty.  Finding:  Guilty. 
Sentence adjudged on 25 Nov 03:  Confinement for 10 days, 
forfeiture of $532.00 pay per month for 1 month, and reduction to 
AB . 

g.  Record of SV: 27 Jan 00 -  26 Sep 01  Eielson AFB  4  (Initial) 
27 Sep 01 -  26 Sep 02  Eielson AFB  4  (Annual) 
27 Sep 02 -  01 Jun 03  Eielson AFB  4  (CRO) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (10) Mos  (09) Das 
TAMS: (03) Yrs  (10) MoS  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Mar 06. 

(Change Discharge to Honorable) 

I would like to have my General Discharge changed to Honorable. 

ATCH 
None. 

56 Aircraft Maintenance Squadron (AETC) 

Luke Air Force Base, Arizona 

DATE:  I?  Wo3 

'MEMORANDUM FOR AB L.  -. . --. . -. -. . -. -. . - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -, 

: 56 AMXS 

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

FROM:  56 AMXSJCC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Commission of  a 
Serious Offense (Other Serious Offenses).  The authority for this action is AFPD 36-32 and AFT 
36-3208, paragraph 5.52.3.  If  my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general. 

2. My reason for this action is that on 25 Nov 03, you were convicted in a Summary Court- 
Martjal of  being absent without leave.  Your sentence included 10 days confinement, forfeiture 
of $532.00 pay for one month, and reduction to airman basic. 

3.  Copies of  the documents to be forwarded to the separation authority in support of  this 
recommendation will be provided to you.  The commander exercising special court-martial 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the 
Air Force.  If  you are discharged, you  will be ineligible for reenlistment 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.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel, Building 1150, Suite 
3015, Luke Air Force Base, Arizona, Extension 6701, on e , c .
hours.  You may consult civilian counsel at your own expense. 

at  //-'d  fl 

 0 3 

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  2Zb-u ~3 
receive, in writing, an extension for good cause.  I will send any statements you submit to the 
separation authority. 

, unless you request and 

6.  If  you fail to consult counsel or to submit statements 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 retrieve your medical records 
from 56"  Medical Group Hospital Outpatient Records and immediately report to Physical 
Exams, Building 810, with your medical records and your copy of  this discharge file for the 
medical examination. 

8.  Any personal jnformation you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of A H  36-3208 is available for your use in your unit orderly room. 

9.  Sign the attached acknowledgment and return it to me immediately.