AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 

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TYPE  GEN 
cOUNSPL 
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YES 

GRADE 

AMN 

AFSNISSAN 

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RECORD REVIEW 

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ADDREbS AND OR ORGANIZATION O F  COlrNSEL 

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HEARING DATE 

CASE NUMBER 

TAPE RECORDING  OF PERSONAL APPEARANCE I IF, 

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02 Nov 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSEDON'WE ATTACHED AIR  FORCE DISCHAROF:  REVlEW BOARD DECISIONAI. RATIONALE 

FD-2006-00098 

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1  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. 

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SAFIMRBR 
550 C S1.REEl' WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

INDORSEMENT 

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FROM 

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DATE:  13/13/2006 

SFCRETARY O F  THE AIR  FORCE PERSOYhEL COllhCIL 
AIR FORCE DISCHARGE RE\ IEH  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00098 

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: 

Issue  1.  Although not explicitly stated, the applicant contends his discharge was inequitable because it was 
too harsh.  The records indicated the applicant received two Article  15's, three Letters of Reprimand, two 
Letters of Counseling, a Record of Individual Counseling and two Memorandums for Record for 
misconduct.  The applicant was administratively disciplined for losing his military identification card on four 
separate occasions, financial irresponsibility,  and dereliction of duty.  He had further misconduct and 
received his first Article 15 for failing to keep his dorm room in good order.  He was reduced in grade to 
Airman First Class and received 30 days of extra duty which was suspended.  His second Article 15 was for 
failing to obey an order from a Security Forces member to return to his dormitory room, argued with 
provoking speeches and gestures.  He received a reduction in grade to Airman and fourteen days of extra 
duty.  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 rectd a GEN Disch fr USAF McGuire AFB, NJ on 21 
Feb 96 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Feb 72.  Enlmt Age: 17 5/12.  Disch Age: 24 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-96,  E-47,  G-66,  M-23. PAFSC: 2R051 -  Maintenance Data Systems 
Analysis Journeyman. DAS: 16 Nov 90. 

b.  Prior Sv: (1) AFRes 26 Jul 89 -  12 Jun 90 (10 months 17 

days) (Inactive) . 

12 days, all AMS.  AMN -  13 Dec 90.  A1C -  Unknown.  SrA -  13 Jun 93.  EPRs: 4,4. 

( 2 )   Enlisted as AB 13 Jun 90 for 4 yrs.  Svd: 3 yrs 1 month 

3.  SERVICE UNDER  REVIEW: 

a.  Reenlisted as SrA 26 Jul 93 for 4 yrs. Svd: 02 Yrs 06 Mo 25 Das, all 

AMS . 

b.  Grade Status:  Amn -  07 Dec 95  (Article 15, 07 Dec 95) 
A1C -  11 Jul 95  (Article 15, 11 Jul 95) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 07 Dec 95, McGuire AFB, NJ -  Article 92.  You, having 

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knowledge of a lawful order issued by A
I, a Security Policeman in the performance of his 
duties, to return to your dormitory room, an order which 
it was your duty to obey, did, on or about 18 Nov 95, 
fail to obey the same by wrongfully not returning to 
your dormitory room.  Reduction to Airman, and 14 days 
kxtra duty. (No appeal) (NO mitigation) 

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(2) 11 Jul 95, McGuire AFB, NJ  -  Article 92.  You, who knew 

of your duties at McGuire AFB, to keep your dormitory 
room in good order at all times, between on or about 13 
Mar 95 and on or about 15 May 95, were derelict in the 
performance of those duties by failing to keep your 
dormitory room in good order at all times, as it was 
your duty to do.  Reduction to AlC.  Thirty days extra 
duty  (suspended) .  (No appeal) (No mitigation) 

e.  Additional: LOR, 01 FEB 96 -  Financial irresponsibility. 

LOR, 01 DEC 95 -  Lost fourth military ID card. 
LOC, 14 NOV 95 -  Dereliction of duty. 
LOCI 14 NOV 95 -  Dereliction of duty. 
MFR, 03 OCT 95 -  Financial irresponsibility. 
LOR/UIF, 16 MAY 95 - Lost third military ID card. 
RIC, 13 SEP 94 -  Lost second military ID card. 
MFR, 29 JUL 94 -  Lost military ID card. 
VBC, 26 SEP 94 -  Lost line badge. 

f.  CM:  None. 

g.  Record of SV: 13 Feb 93 -  1 2   Feb 94  McGuire AFB  4 
13 Feb 94 -  12 Feb 95  McGuire AFB  4 
13 Feb 95 -  12 Feb 96  McGuire AFB  2  (Annual) REF 

(Annual) 
(Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, NCOPMER, AFGCM. 

i.  Stmt of Sv:  TMS:  (06) Yrs  (06) Mos  (16) Das 
TAMS:  (05) Y ~ s  (08) MoS  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  AppLn  (DD Fm 293) dtd 28 Feb 06. 

(Change Discharge to Honorable) 

Issue 1:  I feel my discharge was inequitable considering my dedicated 
service up until my last year of service.  I participated in numerous base 
projects  (self-help details, equipment removal), community events  (Special 
Olympics), and 2 years as an Honor Guard member.  My ~ ~ ~ s ' w e r e  
above 
satisfaction and showed a serviceman dedicated to his job. 

ATCH 
None 

recommending that your sentice be characterized as general. 

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2.  My reasons for this action are: 

(a) On or about 23 July 1994, you lost your military ID Card (DD Form 2AF).  For this, you 

received counseling as per letter dated 29 July 94. 

@)  On or about 2 Sep 94, you lost your military ID Card (DD Form 2AF).  For this you received 

counseling as per letter dated 8 Sep 94. 

(c)  On or about 13 Sep 94, you lost your military ID Card (DD Form 2AF).  For this you were 

given a letter of counseling as per Record of Individual Counseling form (AF Form 170) dated 13 Sep 
94. 

(d) On or about 21 Jul94, you had your tote bag stolen containing your line badge.  For this you 
the importance of properly securing  your line 

you were verbally counseled by  Ssgdpbn 
badge at all times as per letter dated 26 Sep 94. 

(e)  On or about 8 May 1995, you lost your military ID Card (DD Form 2AF). For this you 
received a Letter of Reprimand as per letter dated 16 May 1995. You also had an Unfavorable 
Information File (UIF) established and were placed on a Control Roster. 

(f)  On or about 13 Mar 95 and between on or about 15 May 95, you knew of  your duties at 
McGuire AFB, to keep your dormitory room in good order at all times, and were derelict in the 
performance of those duties, as it was your duty to do.  For this, you received an Article 15, under the 
Uniform Code of Military Justice, consisting of  a reduction in grade of  (E-3) (Airman First Class), and 
30 days extra duty, suspended until 10 Jan 96.  This action was take on 11 Jul95 

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 reenlistment in the Air Force. 

3.  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 Capt T l a t
 building 2906 on 13 February  1996 at 
0900. You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your behalf.  Any statements you want the separation 
authority to consider must reach me by 16 February  1996 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 to submit matters in your own behalf, your failure will constitute a 
waiver of your right to do so. 

6.  You have been scheduled for a medical examination.  You must reported to Walson Air Force 
Hospital on Fort Dix at 0745 on 5 February  1996 for the examination. 

7.  Any personal information you furnish in your rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208, is available for your use in the squadron orderly room. 

Commander