AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INII'IAI,) 

GRADE 

A l C  

AFSNISSAN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OK OKGANlZATlON 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

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TYPE  GEN 
CouNssC 
No 

YES 

X 

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MEMBER SITTING 

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VOTE OF THE BOARD 

I  U O I I I C " "  r01'11k8 

" -  --""a 
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I)I:NY 

GbN 

17 Oct 2006 
APPLICANT'S  ISSUE AND THE BOARD'S DECISK9EIAL U ~ O N A L  ARE DISCV$SED  ON THE ATTACHED .AIR FORLE DISCHARGE ReVleW BOARD DECISIONAL RATIONALE 

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I  FD-2006-00125 

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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. 

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

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

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DATE:  10/27/2006 

SECRETARY OF THE AIR FORCE PERSONNEL COllNClL 
AIR FORCE DISCIIARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, JRU FLOOR 
ANDREWS AFB. MD 20762-70cD 

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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-2006-00125 

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 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: 

The applicant appealed for an upgrade of discharge for the purpose of enlisting in the Army National Guard. 
He further contends that he was misled by his recruiter and has requested to change the reason for discharge 
to either a breach of contract, erroneous entry or expeditious discharge.  The records indicated the applicant 
received two Letters of Reprimand, one Letter of Counseling, one AETC Form  125A and one AETC  Form 
341 for misconduct.  The applicant was administratively disciplined for failure to obey an order, sleeping on 
duty, lying, destruction of government property and disobeying an order or regulation by riding a motorcycle 
in the parking lot when he hadn't  completed the motorcycle safety course.  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. 

If he can provide additional documented information to substantiate his issue with the recruiter and what the 
recruiter led him to believe, 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 DRB 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 

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DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl recrd a GEN Disch f r  USAF Lackland AFB, TX on 22 
Nov 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the Re Code, Reason and ~uthority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Feb 86.  Enlmt Age: 18 7/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-78,  E-76,  G-64,  M-56. PAFSC: 1C211 -  Combat Control Helper. 
DAS: 9 May 05. 

b.  Prior Sv: (1) AFRes 6 Oct  04 -  21 Mar 05  (5 months 16 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Mar 05 for 6  yrs. Svd: 00 Yrs 08 Mo 01 Das, all AMS 

b.  Grade Status:  A1C -  6 May 05 

c.  Time Lost:  None. 

d.  Art  15's:  None. 
e.  Additional: LOR, 29 SEP 05 -  Failure to obey an order or regulation, 

AETC 125A, 12 SEP 05 -  Self-initiated elimination from 

sleeping on duty, and lying. 

LOR, 09 SEP 05 -  Destruction of government property. 
AETC 341, 28 JUL 05 -  Failed room inspection. 
LOC, 26 J U L   05 -  Disobeying an order or regulation. 

training. 

f.  CM:  None. 

g.  ~ecord of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, GWOTSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (01) Mos  (17) Das 
TAMS: (00) Yrs  (08) MOS  (01) Das 

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

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

for Discharge) 

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Issue 1:  I am requesting an upgrade on my separation code to allow me to 

enlist in the Amry  (sic) National Guard.  I looked at both branches before 
joining, and I felt that the Air Force would be more exciting and offer more 
opportunities for my  future.  I was not qualified for the job my recruiter sold 
me on and quickly found out that things were not quite the way my recruiter had 
explained.  I developed an attitude which made things worse.  I was reprimanded 
twice for minor infractions.  I was offered a discharge so I could persue my 
military dreams elsewhere.  I was led to believe I could join another branch 
without any wait.  When I returned home and went to the National Guard recruiter 
he told me I would have to wait 12 months.  I am eager to serve, and would like 
to enlist as soon as possible.  Changing my narrative reason for Sep. (sic) to 
either breach of contract, erroneous entry, or expiditous (sic) discharge would 
allow me to start my  service quickly, and persue my dreams of serving my country 
once again. 

ATCH 
1. DD Forms 214(Member 1 &  4). 
2 .   DA Form 2823, Sworn Statement. 

DEPARTMENT OF THE AIR FORCE 

U R  EDUCATION AND tRAlNlNa COMLUND 

FROM:  342 TRS/MTF 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The basis for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.49.  If my 
recommendation is approved, your service could be characterized as Honorable, as Under 
Honorable Conditions (General), or as Under Other Than Honorable Conditions (LJOTHC) 
Discharge.  I am recommending your service be characterized as General. 

2.  My reasons for this action are: 

a.  On 25 Jul05, you willfully disobeyed a lawful order by riding your motorcycle around the 

parking lot and down the street.  As a result, you received a Letter of Counseling (LOC), dated 
26 JulO5. 

b.  On 28 Jul05, you failed your room inspection.  As a result, you were verbally counseled as 

reflected on AETC Form 341, dated 28 Ju105. 

c.  On or about 7 Sep 05, an inspection of your room revealed had a fist-sized hole in the wpll. 
You admitted you were wrestling in the room and that you failed to report the damage to anyone 
in your chain of command.  As a result, you received a Letter of Reprimand (LOR), dated 9 Sep 
05. 

d.  On or about 29 Sep 05, you were found sleeping in your room instead of performing 

details.  As a result, you received a LOR, dated 29 Scp 05 

3.  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. 

4.  You have the right to consult counsel.  An appointment can be made to mcet with the Area 
Defense Counsel (ADC) at Bldg 6 1 19 on -  at 
civilian counsel at your own expense. 

hours.  You may consult 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (3 workdays)  d,t~ 65/ IS a o 
request and receive an extension for good cause shown,  Your statementsbill be sent to the 
separation authority and will be made part of your case file that the separation authority will read. 

unless you 

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 a medical examination. You must report to Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 hours with your medical, immunization, and dental 
records for the exarnination, 

8.  Any personal information you furnish in this rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in the Unit Personnel Officc. 

9.  Execute the attached acknowledgement and return it to me immediately. 

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Commander, Military Training Flight 

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Attachments: 
1.  AETC Form 12SA, dated 12 Sep 05 
2.  Student Training Report 
3.  LOC, dated 26 Jul05 
4.  AF Form 341, dated 28 Jul05 
5.  LOR, dated 9 Sep 05 
6.  LOR, dated 29 Sep 05 wlatch