AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

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BOARD 

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IIEARINC: DATE 

CASE NUMBER 

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EXHIBXT8 S U ~ M ~ T )  

TO TBExI$@kRD 

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ORDER APPOINTING 'I'IlE BOARD 
APPLICATION  FOR  REVIkW OF DISCHARGE 
LETI'EK  OF NOTIFICATION 
BRIEF OF PEKSONNEL FILE 
COIJNSEL'S RELEASE 1 ' 0  'I'HE  BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT 'I'IME  OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

1  17 Oct 2006 
I  APPLICANT S IS$m A$(DTl&  BOAW'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTALHED 41R FORCE DISCHARGE REVlEW BOARD DM'ISIONAI.  RATIOYLE 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout  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. 

SAFIMRDR 
550 C STREET WEST, SUI'I'E 40 
RANDOLPH AFH, TX 781504742 

AFHQ FORM 0-2077, JAN 00 

NEL COUNCIL 

ANDREW5 AFB, MD 20762.7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00,)99 

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 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 submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated applicant had received two Article 15's and 
eight AETC Form 341's for misconduct.  The first Article 15 was for failure to obey an order.  He received a 
suspended forfeiture of pay for two months and 30 days of correctional custody.  The second Article 15 was 
for failure to obey an order, by driving his vehicle on base while his driving privileges had been suspended. 
He was punished with a restriction to Goodfellow AFB for 30 days.  The applicant had further misconduct as 
documented by AETC Form 341 's.  He was driving off base during duty hours, late to formation on three 
separate occasions, failed room inspection, Phase 1 violation, and failure to obey a lawful order.  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,  KD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Goodfellow AFB, TX on 01 
Sep 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND; 

a. DOB: 27 Dec 83.  Enlmt Age: 19 5/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-79,  G-76,  M-67. PAFSC: 3E711 -  Fire Protection Helper. 
DAS: 18 Nov 03. 

b.  Prior Sv: (1) AFRes 24 Jun 03 -  01 Oct 03  (3 months 8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 02 Oct 03 for 4 yrs. Svd: 00 Yrs 11 Mo 01 Das, all AMS. 

b.  Grade Status:  A m  -  3 Apr 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Aug 04, Goodfellow AFB, TX -  Article 92.  You did, 

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having knowledge of a lawful order issued by Lt Col 

to wit: not to drive a vehicle on a 

military installation during the period of your 
suspended driving privileges, dated 26 Jun 04, an order 
which it was your duty to obey, did, at or near 
Goodfellow AFB, Texas, on or about 18 Jul 04, fail to 
obey the same by wrongfully driving a vehicle while 
within the limits of Goodfellow AFB, Texas.  Restriction 
to the limits of Goodfellow AFB, Texas for 30 days. 
(No appeal) (No mitigation) 

(2) 09 Mar 04, Goodfellow AFB, TX -  Article 92.  You did, 

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havin  kndwledge of a lawful order issued by Lt Col 
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not to travel to your family reunion the 
weekend of 13 Feb 04 to 15 Feb 04, an order which it was 
your duty to obey, did at or near Granbury, Texas, 
between on or about 13 Feb 04 and on or about 15 Feb 04, 
fail to obey the same by wrongfully attending your 
family reunion in Grandbury, Texas.  Suspended 
forfeiture of $596 pay per month for 2 months.  Thirty 
days correctional custody.  (No appeal) (No mitigation) 

e.  Additional: AETC 341, 08 JUL 04 -  Driving off base during duty hours. 

AETC 341, 02 APR 04 - Late to formation. 

AETC 341, 12 MAR 04 -  Late to formation. 
AETC 173, 03 MAR 04 - Verbally reprimanded for not being 

clean shaven.  Failure to obey a 
lawful order. 

AETC 341, 11 FEB  04 -  Room inspection failure. 
AETC 341, 12 JAN 04 -  Late for formation. 
AETC 341, 08 JAN 04 -  Room inspection failure. 
AETC 341, 30 NOV 03 -  Phase I violation, and lying. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (01) Yrs  (02) Mos  (08) Das 
TAMS:  (00) Yrs  (11) MOS  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Mar 06. 

(Change Discharge to Honorable) 

Employment for the city Fire Department. 

ATCH 
1. Notification of City of San Angelo Fire Fighter Examination. 

DEPARTMENT OF 'THE AIR FORCE 
AIR EDUCAnON AND TRAININ0 COMMAND 

MEMORANDUM FOR AMN 1 

FROM:  3 12 TRSICC 

SUBJECT: Notification Memorandum 

I312 TRS 

' AUG  30 2004 

1.  I am recornmending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 549.  If 
my recornmendation is approved, your discharge will be described as honorable or genml.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 3 Dec 03, you were assigned Remedial Military Training on 10 Jan 04, for 

curfew violation and being late to a formation.  This is documented on a Memorandum for 
Record, dated 3 Dec 03. 

b.  Between on or about 13 Feb 04 and on or about 15 Feb 04, you disobyed the lawful order 
not to travel to your farnly reunion in Granbury, Texas, by traveling to 
of Lt col-Ito 
Granbury, Texas.  For this misconduct, you received an AF Form 3070 (Article 15),  dated 9 Mar 
04. 

c.  On or about 18 Jun 04, you had your driving privileges temporarily suspended due to 
being apprchended/detained~f& an intoxicated driving incident.   his is documented on a 
Memorandum for AB -L 

dated 26 Jun 04. 

d.  On or about 18 Jul04, you violated the suspension of your driving privileges by 

wrongfully driving a vehicle while within the limits of Goodfellow AFB, Texas.  For this 
misconduct, you received an AF Form 3070 (Article 15),  dated 24 Aug 04. 

3.  Copies of tho documents to be forwarded to thc scparation 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 bc characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and my special pay, bonus, or education assistance funds may 
be subject to tecoupment. 

4.  You have the right to consult counsel. Military legal counsel has been obtained to assist you. 
you'to consult with the Goodfellow AFB, Area Defense Counsel 

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j(5 30  hours in Bldg 308.  You may consult civilian 

5.  You have the right to submit statements in your own behalf.  Any statements you want tho 
separation authority to consider must reach me by 2 erP:P or& at 
hours unless 
you request and receive an extension for good cause shown,  I will submit any statements you 
choose to submit to the separation authority, 

6.  If you fail to consult counstl or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You must repart to the Physical Exams Section of the clinic during walk-in hours, Monday 
through Thursday from 0730-1 530 hours, for your medical examination. 

8.  Any personal information you finish 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. 1 Commander 

Attachments: 
1.  Memorandum for Record. dated 3 Dec 03 
2.  AF Form 3070 h4rticlc 151 dated 9 Mar 04 
3.  Memorandum &r AE 7
4.  AF Form 3070 (Article 1 S),  dated 24 Aug 04 

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dated 26 Jun M