AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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rYPE  GEN 

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PERSONAL APPEARANCE 

* FRW:' '3 NAME OFCOUNSIII,  ANOORORCANILATION 
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YES 

No 

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GRADE 

1  AIC 
I X 

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I  RECORD REVIEW 

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AFSNISSAN 

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ADDRESS  ANDOR ORGANIZATION OF COUNSEL 

I  1  I  OlUlEl< APPOINTING  THE BOARD 
1  2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
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4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE ROARL) 
ADIII'TIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCF 

TAPF RF.CORDING OF PERSONAL APPEARANCE HF, 

X 

HEARING  I1ATE 

05 Oct 2006 
@PPWCANTt@ tB!WE  AND TH 

:  . i r s  

Case heard in Washington, D.C. 

CASE NUhlUbR 

I  FD-2006-00102 

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*$OECl8ICINALRATlONAL ARE DISCUSSED ON THE A~TACHBD AIR FC)RCIB DISC1MRCIE R&V1EW 

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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. 

X - Upgrade, Reason and Autllority and RE Code 

> l C ~ ~ ' r l l k E  ~ P A ~ C O U ~ ~ R   P /   r 

//1  / 

I SICNATURE OF BOARD PIU%IIIE;N'I'  / 

I/ 

INWMEMEW 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

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FROM. 

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DATE:  1 011 112006 

SEC'IWI"I'RY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE OISCHARCE REVIEW BOARD 
1535 COMMAND DQ  EE W N C ,  3RD FLOOR 
ANDREWS AFH, h l n  10761-1W2 

Prcvious edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00102 

GENERAL:  The  applicant  appeals  for upgrade  of discharge to  honorable  and to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

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  and  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 received a General discharge for Misconduct--Minor Disciplinary Infractions 

Issue 1 : 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, 
awards and decorations and other accomplishments.  The records indicate that the applicant received two 
Article 15s, two Letters of Reprimand and two Records of Individual Counseling for misconduct to include 
failure to obey, failure to support dependents, financial irresponsibility, failure to obey a no-contact order, 
late for work, failure to go, dereliction of duty, and sexual harassment.  After thorough review of the records 
the Board 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. 

Issue 2.  Applicant states of a personality conflict with commander led to his discharge.  In reviewing the 
records the Board found no evidence of impropriety or inequity in the discharge and concluded the 
misconduct appropriately characterized.  The Board found 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 fiu-ther 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 VNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Altus AFB, OK on 11 Jan 
02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jun 74,  Enlmt Age: 21 2/12.  Disch Age: 27 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-56,  G-62,  M-47. PAFSC: 1C151 -  Air Traffic Control 
Journeyman, DAS: 9 Feb 00. 

b.  Prior Sv:  (1) AFRes 29 Aug 95 -  26 Dec 95  (3 months 28 days) (~nactive). 

16 days, all AMS.  AMN -  27 Jun 96.  A1C -  27 Apr 97.  SrA -  27 Dec 98.  EPRs: 
5,3. 

( 2 )  Enlisted as AB 27 Dec 95 for 4 yrs.  Svd: 3 yrs 5 months 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 14 Jun 99 for 6 yrs. Svd: 02 Yrs 06 Mo 27 Das, all 

AMS . 

b.  Grade Status:  Amn  -  29 Nov 01  (Article 15, 29 Nov 01) 
A1C -  05 Jan 00 (Article 15, 05 Jan 00) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Nov 01, Altus AFB, OK -  Article 92.  You, did, 

between on or about 1 Dec 00 and on or about 8 Nov 01, 
fail to obey a lawful general regulation, to wit: DOD 
FMR 7001.14R, Volumen 1, Chapter 26, and DFAS DEM 7073, 
Volumen 1, Chapter 26, by wrongfully failing to support 
dependents, as directed.  ~rticle 134.  You, being 
indebted to Altus Finance Inc. in the sum of $107.42 for 
five payments and one payment of $107.40 for a loan of 
$500.00, which amount became due and payable on 9 Jun 
01, did, on divers occasions between on or about 9 Jun 
01 and on or about 14 November 2001, dishonorably fail 
to pay said debt.  Reduction to Amn, 15 days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

(2) 05 Jan 00, Spangdahlem AFB, Germany -  Article 92.  You, 

havin  knowledge of a lawful order issued by MSgt n 

, 
Sergeant on 1 2   Nov 99, not to have contact with A1C 

52d Operations Support Squadron First 

I, an order which it was your duty to 
obey, did, at or near Bitburg, Germany  (Eifel West 
Annex), on or about 18 Nov 99, fail to obey the same by 
wrongfully inviting AlC-into 
your home. 
Reduction to A1C and 20 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 27 JUL  01 -  Late for work. 
LOR, 2 9   MAY 01 -  Failure to go. 
RIC, 23 MAY  01 -  Dereliction of duty 
RIC, 05 DEC 00 -  Sexual harrassment. 

f.  CM:  None. 

g.  Record of SV: 27 Aug  9 8   -  2 6   Aug 99  Spangdahlem AB  4   (Annual) 
4   (Annual) 

27 Aug 9 9   -  26 Aug 00  Altus AFB 

h.  Awards &  Decs:  AFAM, AFLSAR, AFTR, AFOSLTR, AFOUA W/1 DEV, AFGCM W/.2 

DEVS, NATOM, AFEM. 

i.  Stmt of Sv:  TMS:  (06) Yrs  (04) Mos  (13) Das 
TAMS:  (06) ~ r s  (00) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Mar 06 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1, Applicant's Issues. 
2. DD Form 1 4 9 .  
3. DD Form 214. 
4. Three Training Certificates. 
5. Letter of Appreciation. 
6. Air Force Achievement Medal. 
7. Safety Achievement Award. 
8. Armed Forces Expeditionary Medal. 
9. NATO Medal. 
10. Certificate of Appreciation. 
11.  Letter of Identification and Authorization  (LOIA) . 
12. Private Investment License. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

* +   H O M  THE ARMED FORCES OF 'THE  UNITED STAfES 

/Please read instructions on Pages 3 end 4 BEFORE complering rhis applr'catlon./ 

Form Approved 
OMB NO. 0704-0004' 
Expires Aug  3 7,  2006 

Tha  pu~ic reporting burden for ait calrrction afninramatian ia ertirndsd to 8VORUe 30 mintas.  p.r  rrrponrq. ~ciudlnp tho imo for  reviewing instructions. ueerchig axlmnp data ppurces. 
gatharlnp an4 malntalnkra me  datm hmdod, and cornplating and  rsviawhg tho  collscUon of mfwrnation.  Send cornmantn regwdlnp thlr  burden eafimete  or  any other aspect of thls  collectron 
of Irrfcfmathn. including ngp-mans  frr roduyng the  burden. to Departmsnt of Dpimrr, Wqrhlngton Hasdquamra Servlcea. Dtmtorate for  information Operetbnu and Reports 10704 00041. 
1215 Jrffwron Davio Highhay. Suite 1204, Arlington. VA  22202 4302.  Rsspomdsnts should he w a r n  that netwlttiaendlnq any otne proviaion of  law,  na poraon ahnll bo  aubteat to  dnL 
PenOlN for tainna to comolv with a cMDct~on of InforrnaUon It  it doas not dioulmv l wrrontlv v d d  OMB  control numbor. 
PLEASE DO 

YOUR  FORM TO THE ABOVE ADDRES~.' RETURN COMPLmED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS'PAGE. 

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PRIVACY ACT STATEMENT 

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AUTHORITY  ' 10 U.S.C.  1553;  E.O.  9397. 
PRINCIP~L PURPOSElS):  To anply for a  change in the characterization or reason for military discharge issuod to an individual. 
ROUTINE USEW:  None. 
DISCLOSURE:  Voluntary;  however.  failure to provide idehtifying information may impede processing of this application.  The request for 
Sdclal SscutiW Number Is  strictlv to assure orooer identification of the individual and a~orooriate records. 

, . 

11:  APPLICANT  DATA  (The aerson whose discharge is to be reviuwed).  PLEASE PRINT 6~ TYPE ~~JFORMATION. 
a.  BRANCH OF SERVICE  (X one1 
. . 
b.  NAME /La$- 

I c.  QRADEIRANK AT DISCHAROE 

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MARINE CORPS 

1  ARMY 

AIR FORCE 

NAVY 

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] d.  SOCIAL SECURITY NUMBER 

COAST GUARD 

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page*) 

8.  ISSUES:  WHY  AN UPGRADE OR CHANGE I S  REaU  STED AND JUSTIFICATION FOR THE REQUEST (continue In hem  14.  See instructions on 

I  belie.*c  3;s 3s-s 
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7. (X if applicabld A N  APPLICATION  WAS PREVIOUSLY SUBMIITED ON IYYWMMDDI 

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3 13  /%D 134 

At(- 

AND THIS FORM IS SUBMIITED TO ADD ADDITIONAL ISSUES.  JUSTIFICATION,  OR EVIDENCE. 

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8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWlhlG ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  (Continue in Item  17. 

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" 

CONDUCT A REOFID  REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE fUUD ANY ADDITIONAL DOCUME$4TAflON 

WILL NOT APPEAR BEFORE THE B0AR0. 

1  I AND/OR Ieoun$~mDres~ntat/vaI WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE OOVERNMENT BEFORE THE BOARD IN THE 
WASHINOTON,  D.C.  .M~~ROPOUTAN AREA. 
I At:D:On 
- .  . 
(ant& cltv and statel 
I R E

lcoun~olkop-p~~ntativ~! WISH TO M E A R  AT A .HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELlNQ PANEL CLOSEST TO 
[NOTE;  The Navy Oistharge Review Warm donmt b v a  a  traveling pendl 

I  b, 'fELIPHONE NUMBER /Include Are8  Codel 

S C ~ N D  

ADDREBE 

P R E

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11.  APPUCANT MUST SIGN IN ITEM 13.a. BELOW.  If the record i n  quoation is that o f  e deassurd o r  ineornpateqt person,  LEGAL PROOF OF 

9.  TYPE OF REVIEW REaUESTEC)  (X one) 

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10.a. C O U N S

ISoo Itam 10 of the instructions about counse~repr~antst&e.I 

%& I SlJlSMl?TED BY ME.  I ANDIOR / ~ o u n s M ~ ~ M t ~ t i v @ ~  

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DEATH OR INCOMPETENCY MUST ACCOMPANY  THE APPLICATION. 
I  SPOUSE  1 

the n a m e z t )   - 

-  ?------ 
1  NEXT OF KIN 

12.a.  CURRENT MAILING ADDRESS bF  APPLICANT OR PERSON ABOVE 

/Forward notjficstion of any chon~e in address.) 

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a.  SIGNATURE - REQUIRED IApplicanr or pemon In hem  1 1 above1 

13.  CERTIFICATION. 

1  WIDOW  I 

1  WIDOWER 

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d.  FAX NUMBER (Include Area Coda) 

If the appllcatlon In slgned by other than the applicant, indicate 

and relationship by m a r k  a box below. 
I  LEGAL REPRESENTATIVE( 

1  OTHER ISpeclfyl 

b.  TELEPHONE NUMBER Ilncludn Ares Codel 

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d.  FAX NUMBER llnclude Area Codkl 
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I  make the foregoing statements,  as pert of  my clnlm,  w l t h  full knowlhdge of the 
penalties involved for  willfully making a false statement  or claim.  (U.S. Code,  Title  18, Sections 287 
and  1001, provide  that en individual shall be fined under this title or imprisoned not more  than 5 years, 
or both.) 

CASE NUMBER, 

/Do not  write in this space.) 

DD FORM 293, AUG 2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

b.  DATE SIGNED  REQUIRED- 

IYYYYMMDDJ 

.  a w a w a  

pogpo64&  1 6 2  

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Page 1  of  4 Pages  , 

14. CONTINUATION OF ITEM 8, ISSUES (If applicebla) 

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16. CONTlNUATlON OF ITEM 8, SUPPORTING DOCUMENTS flfa~plicsbl~) 

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