AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 
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NAME OF COUNSEL AND OR ORGANIZATION 

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MEMBER SITTING 

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VOTE OF TEE BOARD 

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I  OTHER 

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ISSUES 

A94.53 

HEARING DATE 

1  21 Nov 2006 

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EXHIBITS SUBiWIWD TO THE BOARD 

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1  I  ORDER APPOINTING THE BOARD 
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1  APPLICATION FOR REVIEW OF DISCHARGE 
1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 

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CASE NUMBER 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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TAPE RECORDING OF PERSONAL APPEARANCE HE 

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APPLICANT S ISSUE AND THE BOARD'S  DECISIOK.4L RAllONAL ARE DISCUSSED ON THE ATTACHED .MR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RkTIOKA1.C 

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 
1  Names and votes will be made available to the applicant at the applicant's request. 

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

SECRETARY O F  THE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB. MD 10761-7001 

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AFHQ FORM 0-2077, JAN 00 

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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-2006-00134 

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 expressed his desire for upgrade to pursue a career in law enforcement.  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 four Records of Individual Counseling for misconduct.  The applicant was administratively 
disciplined for being late for work on numerous occasions, missing a mandatory formation, disobeying a 
lawful order, failure to go, for not shaving and his sideburns were in violation of AFI 36-2903.  His first 
Article  15 was for being absent without authority.  He received a suspended reduction in grade to Airman 
Basic, forfeited pay for two months, and a reprimand. The Vacation action was for failure to go to appointed 
place of duty.  He was reduced in grade to Airman Basic.  The second Article  15 was for failure to go to 
appointed place of duty.  He received  15 days extra duty and a reprimand.  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 Scott AFB, IL on 4 Jun 
99 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Jul 77. Enlmt Age: 19 8/12.  Disch Age: 21 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-53,  G-64,  M-38. PAFSC: 1C431 -  Tactical Air Command and 
Control Apprentice. DAS: 1 Sep 98. 

b.  Prior Sv:  (1) AFRes 28 Apr 97 -  13 Jan 98  (8 months 16 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jan 98 for 4 yrs. Svd: 01 Yrs 04 Mo 21 Das, all AMS 

b.  Grade Status:  AB -  8 Feb 99  (Vacation of Article 15, 19 Apr 99) 

Amn -  14 Jul 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 May 99, Fort Campbell AIN, KY -  Article 86.  You, 

did, on or about 8 Apr 99, without authority, fail to go 
at the time prescribed to your appointed place of duty, 
to wit: Building 5513, located at Fort Campbell, 
Kentucky.  Fifteen days extra duty.  Reprimand. 
(No appeal) (No mitigation) 

(2) 19 Apr 99, Vacation, Fort Campbell AIN, KY -  Article 

86.  You, did, on or about 26 Mar 99, without authority, 
fail to go at the time prescribed to your appointed 
place of duty, to wit: Bldg 5513, Fort Campbell, 
Kentucky.  Reduction to AB.  (No appeal) (No mitigation) 

(3) 8 Feb 99, Fort Campbell AIN, KY -  Article 86.  You did, 

on or about 31 Dec 98, without authority, absent 
yourself from lgth Air Support Operations Squadron, C 
Flight, to wit: Bldg 5513, located at Fort Campbell, 
Kentucky, and did so remain absent until 4 Jan 99. 
Suspended reduction to AB.  Forfeiture of $100.00 pay 
per month for 2 months, and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 04 SEP 98 -  Failure to go. 

RIC, 17 SEP 98 -  Disobeying a lawful order. 

RIC, 05 DEC 98 -  Missing a mandatory formation, late for 

work, and failure to shave in violation of 
AFI 36-2903. 

RIC, 23 FEB 99 -  Late for work repeatedly. 
RIC, 23 MAR 99 -  Unshaven and sideburns in violation of AFI 

36-2903. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (07) Das 
TAMS: (01) Yrs  (04) Mos  (21) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Aps 06. 

(Change Discharge to Honorable) 
Issue I:  1, ; .................................  !would greatly appreciate if all parties 

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involved in the detmination of my Air Force upgrade would consider the 
following: 

*  I want to persue  (sic) a career in law enforcement. 
*  I have no criminal history, period. 
*  I have been pasted  (sic) my original enlistment contract discharge date for 
approximately 4-5 yrs. 
*  I would be honored to be a true veteran of the USAF by having a true 
"Honorable Discharge." 

ATCH 
None. 

FROM: 375 MDSS/CC 

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 m y  be characteriztxl as honorable, under 
honorable conditions (general) or under other than honorable conditions.  I am recommending 
that your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a.  On or about 8 Apr 99, you faiIed to report to your appointed place of duty.  For this 

misconduct, you received an Article 15, dated 20 Apr 99.  (See Atch 1). 

b.  From on or about 3 1 Dec 98 to on or about 4 Jan 99, you absented yourself from your 

fight.  For this misconduct you reccived and Article 15, dated 8 Feb 99.  (See Atch 2). 

c.  On or about 26 Mar 99  you again failed to go to your appointed place of duty. For 
this misconduct your suspended punishment for reduction  Airman Basic was vacated on 19 
April  1999.  (See Atch 3). 

d.  On or about 23 Mar 99 you were observed to be unsheved and your sideburns out of 

regulation.  For this offtnsc you received a verbal counsel.ing. (See Atch 4) 

e.  On or about 22 Feb 99 and on or about 23 Feb 99 you again failed to report to work in 

a timely manner.  For these offenses you received a verbal counseling.  (See Atch 5). 

f.  On or about 3 Dcc 98 you were late for work and missed a mandatary retirement 

ceremony.  For this inf?action you received a verbal counseling.  (See Atch 6). 

g.  On or about  17 Sep 98 you were noticed wearing an authorized item with yow 

uniform, which you were specifically ordered by a commissioned oficer not to do.  (See Atch 7). 

h.  On or about 3 1 Aug 98 you failed to go to your appointed place of duty.  For this 

misconduct you received an LOR.  (See Atch 8 ) .  

3.  Copies of the documents to be forwarded to the separation authorityin support of this 
,recornmcndation art attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  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 with the Area Defense Counsel, Bldg 7, on 

at  /DOO hrs. You may consult civilian counsel at your own expense.  C 9Sd 5-7 b -  3 

5.  You have the right to submit statements in your own behalf  Any  statements you want the 
separation authority to consider must reach me with in 3 duty days of your receipt of this letter 
unless you request and receive an extension for good cause shown. I will send them to the 
separation authority. 

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of yow right to do so. 
7.  You have been scheduled for a medical examination.  You must report tu the 3 7 M A h d h l  7v  'r 
Group, Physical Examinations Section, on  c(  O-  5 $  at 3 7  otz5  hrs for the 
examination,  You also have a doctor's appointment scheduled on 

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hrs. 

8.  The Privacy Act Statement as explained in AFI 36-3208 covers my personal information you 
furnish in rebuttal.  A copy of AF1 36-3208 is available for your use in the squadron orderly 
room. 

9. You must take the following actions: , 

a Y o u  will report to the Transportation Management Ofice (TMO), Outbound Assignments, 

to complete a Scotl Air Force Base Form 241,Qersonal Property Appointment Sheet.  That 
worksheet must be completed and returned to TMO as soon as you receive your separation 
orders. 

b. You will report before close of business tomorrow (or the next duty day) to Special 

Actions at Military Pay, Bldg P-I 0,  mom C201, to make arrangements concerning your military 

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Commander 

Attachments: 
1.  Art  1 5, dated -- Apr 99 wfevidence & response 
2.  Art  15, dated 8 Feb99 
3.  AF Form 366, dated 19 Apr 99 
4.  AF Form  174, dated 23 Mar 99 
5.  AF Form  174, dated 23 Feb 99 

6. AF Form 174, dated 5 Dec 98 
7.  AF Form  174, dated 17 Scp 98 
8.  LOR, dated 4 Sep 98 wiresponse 
9. Airman's Acknowledgement