AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

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RECORDREVIEW 

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ISSUES 

A94.53 

INDEX NUMBER 

A67.90 

HEARING DATE 

CASE NUMBER 

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X 

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EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

21 Nov 2006 
APPLICAWS ISSUE AND THE BOARD'S DECISIONAL M O N A L  ARE DISCUSSED ON W E  ATTACHED AIR FORCE DISCHAROE REVIEW BOARD DECISJON.4L R4TiONAI.E 

FD-2006-00104 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

1 

I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE nlSCllAR(;E  REVIEH BOARD 
1535 COMMAh'D DR. EE Hlh'G. 3RD FLOOR 
AYDREHS AFB.  \ID  20762-lW2 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00104 

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 the applicant received two Article  15's, a 
Vacation, a Letter of Reprimand, and a Record of Individual Counseling for misconduct.  The applicant was 
administratively disciplined for dereliction of duty and missing dental appointments.  His first Article 15 was 
for driving under the influence of alcohol.  He was reduced in grade to Airman Basic, performed 45 days of 
extra duty and a reprimand.  His second Article 15 was for altering a leave form.  He received a suspended 
reduction in grade to Airman Basic, forfeited pay for two months, performed 45 days extra duty and a 
reprimand.  The Vacation action was for failure to go.  This action resulted in his reduction in grade to 
Airman Basic.  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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Dover AFB, DE on 24 Jan 
01 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 May 74. Enlmt Age: 23 11/12.  Disch Age: 26 7/12. Educ: HS DIPL. 

AFQT: .N/A. A-79,  E-57,  G-57,  M-54. PAFSC: 2A634 -  Aircraft Fuels Systems 
Apprentice. DAS: 23 Feb 99. 

b.  Prior Sv:  (1) AFRes 29 May 98 -  27 Sep 98 (3 months 29 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Sep 98 for 4 yrs. Svd: 02 Yrs 03 Mo 27 Das, all AMS. 

b.  Grade Status:  AB  -  7 Sep 00 (Vacation, Article 15, 27 Oct 00) 

A m  -  8 Jun 00 
AB 8 Dec 99 (Article 15, 8 Dec 99) 
A m  -  28 Mar 99 

c.  Time Lost:  None.. 

d.  Art 15's:  (1) 27 Oct 00, Vacation, Aviano AB, Italy -  Article 86. 

You did, on or about 23 Sep 00, without authority, fail 
to go at the time prescribed to your appoint,ed place of 
duty, to wit: building 1181.  Reduction to LB. 
(No appeal) (No mitigation) 

(2) 7 Sep 00, Aviano AB, Italy -  Article 86.  You did, on 
or about 8 Aug 00, without authority, absent yourself 
from your unit, to wit: the 31Et Maintenance Squadron, 
located at Aviano AB, Italy, and did remain so absent 
until on or about 10 Aug 00.  Article 134.  You did, 
within the continental United States, on or about 7 Aug 
00, wrongfully and falsely alter a military pass, to 
wit: a DD Form 988, Leave Request/Authorization, in 
figures as follows: in block 9 you lined through the 
number 18 and wrote the number 21 next to it and in 
block 13 you wrote over the number 07 and replaced it 
with the number 10.  Suspended reduction to AB. 
Forfeiture of $250.00 pay per month for 2 months; 45 
days extra duty; and a reprimand. (No appeal) (No 
mitigation) 

(3) 8 Dec 99, Aviano AB, Italy -  Article 111.  You did, on 

or about 6 Nov 99, physically control a vehicle, to wit: 
a passenger car, while drunk.  Reduction to AB; 30 days 
extra duty and a reprimand.  (No appeal)  (No mitigation) 

e.  Additional: RIC, 23 FEB 00 -  Broken appointments. 
LOR, 21 JAN 99 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 28 Sep 98 -  27 May 00  Aviano AB  3  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NATOM, AFOUA, AFOSLTR, KCM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (07) Mos  (26) Das 
TAMS: (02) Yrs  (03) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Mar 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

MEMORANDUM FOR AB: 

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

' 31 MXS 
! 

FROM:  31 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, specifically, conduct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, para. 5.50.2.  If my recommendation is approved, your 
service will be characterized as honorable or as under honorable conditions (general). I am 
recommending that your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 23 Sep 00, you failed to go at the time prescribed to your appointed place of 

duty.  For this offense, your suspended nonjudicial punishment fiom your Article 15 
dated 7 Sep 00, consisting of a reduction to the rank of airman basic, was vacated on 
30 Oct 00. 

b.  On or about 8 Aug 00, you were absent, without authority, from your unit; and 

c.  On or about 7 Aug 00, you wrongfully altered a military pass.  For this offense and for 
the offense listed in 2(b), you received nonjudicial punishment under Article 15, UCMJ, 
on 7 Sep 00 consisting of:  a reduction to the rank of airman basic (suspended); forfeiture 
of $250.00 pay per month for 2 months; 45 days extra duty; and a reprimand. 

d.  Between on or about 7 Jan 00 and on or about 4 Feb 00, you missed two scheduled 
appointmbnts.  For these' offenses, you received a Record of Individual Counseling 
(ROIC) on 23 Feb 00; 

e.  On or about 6 Nov 99, you drove drunk.  For this offense, you received nonjudicial 

punishment under Article 15, UCUT, on 8 Dec 99 consisting of:  a reduction to the rank 
of airman basic; 30 days extra duty; and a reprimand. 

f.  On or about 21 Jan 99, you failed to out-process from technical school in a timely 
manner.  For this offense, you received a Letter of Reprimand (LOR) on 2 1 Jan 99. 

3.  I have attached copies of the documents that will be forwarded to the separation 
authority.  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, the 
characterization of your service.  If you are discharged, you will be ineligible for reenlistment in 
the Air Force and probably will be denied enlistment in any component of the armed forces.  In 
addition, any special pay, bonus, or education assistance h d s  may be subject to recoupment. 

"Return With Honor" 

f 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to 
----------------. 
assist you.  I have made an appointment for you to consult Capt i- -- --- --- --- --- ; Area 2, at 
Building 224, on  11 kc,  2000, at  4600 
at your own expense. 

hours.  You may consult civilian counsel 

5.  You have the right to submit statements in your own behalf  Any statements that you 
want the separation authority to consider must reach me by 
2000, unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

hours on 

/C b D  14 DG  0 0 

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 two medical examinations.  You must report to 
3 lMDG/SGOAF (Physical Exams) on  /Z  D ~ G  
,2000, at  a q 0 a hours.  Your 
second appointment is on /9 2000, at  139 0  hours.  You will need to 
report 15 minutesprior to your appointments and pick up your medical records. 

8.  Any personal information that 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 unit orderly room as well as in the Area 
Defense Counsel's office. 

9.  Execute the attached acknowledgment and return it to me immediately.  ' 

.---------------------- 
Commander  0 

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Attachments: 
1.  AF Form 366,30 Oct 00 w/atch 

Article IS, 7 Sep 00 w/atch 
ROIC, 23 Feb 00 
Article IS, 8 Dec 99 w/atch 
LOR, 21 Jan 99 

2.  Member's Acknowledgment of Receipt 

of Notification Memorandum 

3.  EPR 
4.  Member's  Response 

uReturn With Honor"