AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  GEN 

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PERSONAL APPEARANCE 

GRADE 

AMN 
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AFSNISSAN 
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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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ISSUES 

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A01.00 

INDEX NIJUBER 

A67.10 

HEARING DATE 

CASE NUMBER 

VOTE OF THE BOARD 

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1  OTHER 

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'  DENY 

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EMIBiTS S U B m E D  TO THE BOARD 

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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 

21 Nov 2006 
APPLICAhT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED O N M E  ATTACHED AIR FORCE DISCHARGE R M E W  BOARD DECISIONAL RATIONALE 

FD-2006-00116 

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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. 
*  Reason and Authority 
+ Reenlistment Code 

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INDORSEMENT 

DATE:  12/12/2006 

I  FROM. 

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SECRETAR)  OFTHE AIR FORCE PERSOKHEL COI'NCIL 
AIR FORCE DISCHARGE REVIEH BOAR0 
1535 COHMAKD DR. EE HIKC. 3RD FLOOR 
ANDREWS AFB, M D  20162-7002 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 504742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00116 

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

Applicant contends that he was told at his date of separation that he could reenlist in two years.  He has 
expressed a desire to reenlist in the armed forces.  The records indicated the applicant received four Letters 
of Reprimand, two Records of Individual Counseling and an AETC Form  125A for misconduct.  The 
applicant was administratively disciplined for failure to go, failure to keep dormitory room in inspection 
order, smoking cigarettes out of uniform, violation of Phase by smoking cigarettes, failure to obey a lawful 
order and being disrespectful to authority.  The DRl3 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. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRl3 with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 3 
Oct 97 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: 24 Oct 79. Enlmt Age: 17 3/12.  Disch Age: 17 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-61,  G-52,  M-76. PAFSC: 2WlllF - Aircraft Armament Systems 
Helper. DAS: 7 Jul 97. 

b.  Prior Sv: (1) AFRes 31 Jan 97 -  25 Mar 97 (1 month 25 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Mar 97 for 4 yrs. Svd: 00 Yrs 06 Mo 08 Das, all AMS. 

b.  Grade Status:  A m  -  26 Sep 97 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 22 SEP 97 -  Failing to return to and remain in 

assigned dormitory room from 2100-0400, 
and failure to report for duty. 

RIC, 22 SEP 97 -  Failure to keep dormitory room in 

inspection order at all time. 

RIC, 22 SEP 97 -  Failure to go. 
AETC 341, 20 SEP 97 -  Lockers open in room and lights left 

on.  Violation of Phase I by not 
being in room by 2100. 

LOR, 12 SEP 97 -  Failure to obey a lawful order and 

disrespect to authority. 

LOR, 16 SEP 97 - Violation of Phase by smoking cigarettes. 
LOR, 29 JUL 97 -  Smoking cigarettes out of uniform. 
AETC 125A, 20 SEP 97 -  Elimination from training. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (08) Mos  (03) Das 

TAMS:  (00) Yrs  (06) Mos  (08) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Mar 06. 

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

Authority for Discharge) 

Issue 1:  I am requesting a change to my Reenlistment code.  I was told at 

date of separation I could reenlist after 2 years.  I have started paperwork to 
reenlist and have been told my RE code is ineligable (sic).  I see no reason for 
me to be unable to reenlist. 

ATCH 
1. Applicant's Issues. 

DEPARTMENT OF THE AIR FORCE 

AIR  ewcAnoN AND  TRAINING COMMAND 

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26 Sep 97 

MEMORANDUM FOR AB : 

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i 363 TRS 

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FROM:  363 TRSICC 

520 Missile Rd 
Sheppard AFB TX  763 1 1-2261 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for minor 
disciplinary infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49. If my recommendation is approved, your service will be characterized as 
honorable or under honorable conditions (general).  I am recommending that your service 
be characterized as under honorable conditions (general). 

2:  My reason for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 2LLSep 97, violate a lawful 

general instruction, to wit:  SAFBI 36-2902, paragraph 5.5.5,  by failing to return to and 
remain in your assigned dorm 
received a Letter of Reprim 

rn 21 0 0 - 0 4 W o r  this misconduct you 

b.  You did, at or near Sheppard AFB TX, on or about 20 Sep 97, violate a lawful general 
instruction, to wit:  SAFBI 36-2902, paragraph 2.1;3, by failing to keep your dormitory 
room in inspection order at all times.  For this misconduct you received an AF Forih 174 , 
Record of Individual Counseling on  22 Sep 97. 

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c.  You, who knew of your duties at Sheppard AFB TX, on or about 20 Sep-97,  were 
derelict in the performance of those duties by failing to report to your appointed place of 
 For this misconduct you received an AF Form 17 on 
duty, to wit:  M
22 Sep 97. 

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d.  You did, at or near Sheppard AFB TX, on or about 1 1 Sep 97, fail to obe  a l a f i l  
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order and were disrepectful to an NCO.  For this miscondutireceived &n 
Sep 97. 

e.  You did, at or near Sheppard AFB TX, on or.about 6 s 9 7 ,  violate a lawful general 

instruction, to wit:  SAFBI 36-2902, paragraph 2.1. 
parking lot.  For this misconduct you received 

smoking in the dormitory 

f.  You did, at or near Sheppard AFB TX, on or abouta!ul 

instruction, to wit:  SAFB 36-2902, paragraphs 1.2.1 

civilian clothes.  For this misconduct you receive - 

97, violate a lawful general 

Copies of the documents to be forwarded to the separation.authority in support of this 
recommendation are attached.  The commander exercising SPCM j jurisdiction or 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 t h e ~ i r  Force and will probably be denied enlistment in 
any component of the armed forces. 

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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 Area Defense Counsel on 29 Sep 97 at 
0800.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me by 2 Oct 97 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 statements in your own behalf, your failure 
will constitute a waiver of your right to do so. 

6.  YOU  were scheduled for a medical examination on 23 Sep 97. 

7.  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 Military Training Flight 
administration office. 

8.  Execute the attached acknowledgment and re- 

it to me immediately. 

Attachments: 
1.  LOR, 22 Sep 97 
2.  AF Form 174,22 Sep 97 
3.  AETC Form 341,20 Sep 97 
4.  AFForm 174,22Sep97 
5.  LOR, 12 Sep 97 
6.  LOR, 16 Sep 97 
7.  Statement, AB : --------- j undated 

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8.  AETCForm341,6Sep97 
9.  LOR,  29 Sep 97 
10.  Statement, AB Shields, undated 
11.  AETC Form 125A, 26 Sep 97 
9.  AETC Form  156,26 Sep 97 
10.  LAFB Form 205,2 Jul97 
1 1.  Airman's Receipt of Notification Memorandum