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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 

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GRADE 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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VOTE OF THE BOARD 
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DENY 

EXHIBITS 

S ~ M I T T E D  TO THE BOARD- 

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

TAPE RECORDING OF PERSONAL APPEARANCE HE 

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MEMBER SITTING 

ISSUES 

A94.05 

IYDLX YLMBLR 

A67.10 

HEARING DATE 

CASE NUMBER 

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. 

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DATE:  12/8/2006 

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TO: 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
~ - - - ~  
ANDREWS AFB, MD 20762-7002 

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-2006-00136 

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 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 contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received two Article  15's, a Vacation, five Letters of Reprimand, and three Records of Individual 
Counseling for misconduct.  The applicant received five Letters of Reprimand for being late for work, 
dereliction of duty, failure to obey a lawful order, threatening bodily harm against another airman and 
indecent language.  He was further disciplined with Records of Individual Counseling for dereliction of duty, 
being late for work and failure to obey an order.  He received an Article 15 for failure to go to appointed 
place of duty.  He was disciplined with a suspended reduction in grade to Airman, forfeiture of pay,  14 days 
of extra duty, and a reprimand.  The Vacation action was for failure to go to appointed place of duty.  This 
resulted in a reduction in grade to Airman.  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 A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Scott AFB, IL on 30 May 
02 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Dec 80.  Enlmt Age: 19 4/12.  Disch Age: 21 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-46,  G-48,  M-58. PAFSC: 2T231 - Air Transportation 
Apprentice. DAS: 19 Oct 00. 

b.  Prior Sv:  (1) AFRes 28 Apr 00 -  30 May 00 (1 month 3 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 May 00 for 6 yrs. Svd: 02 Yrs 00 Mo 00 Das, all AMS. 

b.  Grade Status:  A1C -  11 Nov 01 

A m  -  8 Jan 01 (Vacation of Article 15, 25 Jan 01) 
A1C -  14 Jul 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 May 01, Ramstein AB, Germany -  Article 134.  You, 

being indebted to SIXT Rent-A-Car in the sum of 
$1,040.46, more or less, which amount became due and 
payable on or about 29 Jan 01, did, at or near 
Kaiserslautern Military Community, Germany, dishonorably 
fail to pay said debt.  Suspended reduction to AB. 
Suspended forfeiture of $200.00 pay.  Fourteen days 
extra duty, and a reprimand.  (No appeal)  (No mitigation) 

(2) 25 Jan 01, Vacation, Ramstein AB, Germany -  Article 86. 
You did, on or about 15 Jan 01, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: Building 2305, Ramp Services.  Reduction 
to Airman.  (No appeal)  (No mitigation) 

(3) 8 Jan 01, Ramstein AB, Germany -  Article 86.  You did, 
on or about 22 Dec 00, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 2305, Ramp Services.  Suspended reduction 
to Airman.  Forfeiture of $272.00 pay, 14 days extra 
duty, and a reprimand.  (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 5 APR 02 -  Threatening bodily harm against another 

Airman and using indecent language. 

RIC, 12 MAR 02 -  Failure to obey an order. 
LOR, 26 OCT 01 -  Dereliction of duty. 
LOR/UIF, 4 JUN 01 -  Late for work. 
LOR, 20 DEC 00 -  Late for work. 
LOR, 14 DEC 00 -  Failure to obey a lawful order. 
RIC, 30 NOV 00 -  Late for work. 
RIC, 30 NOV 00 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM 

i.  Stmt of Sv:  TMS: (02) Yrs  (01) Mos  (03) Das 
TAMS: (02) Y ~ s  (00) MOS  (00) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Apr 01. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

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1 7. SUPPORTING DOCUMENTS  /X as aiwUcaMe) ffI6use w h t  name and Sods1 Sac& 

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A h k  on mch documt.) 

WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAllABLE SERVICE RECORDS. 

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ARE USTED BELOW AND  ARE ATTACHED TO THE  APPUCATWN:  (Contlnw on s plsh sh.st of- 

If mom space Is n d a d . )  

a.  DOCUMENT 1: 

c.  DOCUMENT 3: 

s. lsSUEs 

Bosrd wlll consider any issue subm!tted  by you prior to closlng the case for deliberation.  The Board will also review the case to 

detennh Wthar there are any issues that prwlde a basis for upgrading your dlxharge.  Howaver. the Board Is not required to respond in 
writlng to issues of concern to you unless those issues are listed or Incorporated by speclflc r e f m e  below.  Carefully read the Instructions 
that pertaln to Block 8 prlor to completing thls part of the appllcatlon.  If you need more space, submlt additional Isrues on an attachment. 

............................................................................................ 
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I HAVE USTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPUCATW. 

I PREVIOUSLY SUBMITTED AN  APPLlCATKm ON  (Enter dtts) 
AND  AM  COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

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9.  CERTIFICATION 

I make the foregolng statements as part of my application with full knowiedge of the penalties Involved for willfully maklng a false 

statement. (U.S. Code,  T i  18, Sectkn 1001, p v i d e r  that an Individual 
cw both.) 

be be tmck this M e  or  lmpn'sotmd not more than 5 ~ m ,

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a.  DATE (WYYAMDD) 

b.  %;NATURE 

m b 0 4 b )  

UPON COMPLETION,  MA& THlS APPLICATION TO APWCABLE ADDRESS BELOW 

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ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
AlTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis, MO  631 32-5200 
(See http:/larba.army.panta~on.mll) 
DD FORM 293, DEC 2000 

I 

NAW & MARINE CORPS 

AIR FORCE 

COAST GUARD 

Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

SAF/MiBR 
550-C Street West,  Suite 40 
Randolph AFB.  TX  78150-4742 

Cornandant (GWPM) 
2100 Second Street, S.W. 
Washington.  DC  20593-0001 

Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

723d AIR MOBDLITY SQUADRON (AMC) 

FROM:  723 AMSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, paragraph 
5.49, Minor Disciplinary.  If  my recommendation is approved, your service will be characterized 
as honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 22 November 2000, you failed to obey a lawful order.  For this incident you 

received a Record of Individual Counseling (RIC) dated 30 November 2000. (Atch la). 

b.  On or about 29 November 2000, without authority, you failed to go at the time prescribed 
to you appointed place of duty.  For this incident you received a RIC dated 30 November 2000. 
(Atch lb). 

c.  On or about 1 December 2000, without authority, you failed to go at the time prescribed to 
your appointed place of duty.  For this incident you received a Letter of Reprimand (LOR) dated 
14 December 2000. (Atch 1 c). 

d.  On or about 13 December 2000, without authority, you failed to go at the time prescribed 

to your appointed place of duty.  For this incident you received an LOR dated 20 December 
2000. (Atch Id). 

e.  On or about 22 December 2000, without authority, you failed to go at the time prescribed 
to your appointed place of duty.  For this incident you received nonjudicial punishment dated 8 
January 2001.  Additionally, an Unfavorable Information File (UIF) was, established and this 
document was placed in it. (Atch 1 e). 

f.  On or about 15 January 2001, without authority, you failed to go at the time prescribed to 
your appointed place of duty.  For this incident you received vacation of nonjudicial punishment 
dated 26 January 2001.  This document was placed in your existing UIF. (Atch 1 g). 

g.  On or about 29 January 2001, you dishonorably failed to pay a debt.  For this incident you 
received nonjudicial punishment dated 8 May 2001.  This document was placed in your existing 
UIF. (Atch 1 h). 

h.  On or about 3 June 2001, without authority, you failed to go at the time prescribed to your 

appointed place of duty and gave a false official statement. For this incident you received an 
LOR dated 4 June 2001.  Additionally, this document was placed in your existing UP. (Atch 1 i). 

i.  On or about 20 October 2001, you were derelict in the performance of your duties.  For this 

incident you received an LOR dated 26 October 2001. (Atch lj). 

j.  Onor about 1 1 March 2002, you were derelict in the performance of your duties.  For this 

incident you received a FUC  dated 12 March 2002. (Atch 1 k). 

k.  On or about 25 March 2002, you received a RIC thoroughly explaining your duty 

requirements and your reporting official. (Atch 11). 

1.  On or about 22 March 2002, you threatened bodily harm on another human being and used 

indecent language. For this incident you received an LOR dated 5 April 2002.  This document 
was placed in your existing UIF. (Atch lm). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
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 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 
Area 
Defense Counsel, Ramstein AB, GE, Building 21 11, DSN 480-21 8212492 on 

. You may consult civilian counsel at your own expense. 

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 
unless you request and receive an extension for good 
separation authority. 

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 in uniform with 
your medical records and an escort to the Ramstein AB Clinic, Physical Exams, Building 
2121 on 2 ~ ~ ~ 0 2  
for the evaluation.  If you wear glasses, you must bring them 
with you.  If you wear contacts, you must be able to remove them. 

od30 

8.  Any personal information 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 orderly room. 

9.  Although not a reason for discharge, your denial of the Air Force Good Conduct Medal 
(AFGCM) is an additional consideration and is therefore attached (Atch 2). 

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

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LL 

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Commander 

Attachments : 
1.  Supporting Documents: 

a.  RIC, 30 Nov 00 
b.  RIC, 30 Nov 00 
c.  LOR,  14 Dec 00 
d.  LOR, 20 Dee 00 
e.  A15,8 Jan 01 
f Unfavorable Information File (UF) Summary 
g.  Vacation, 26 Jan 01 
h.  A15,8 May01 
i.  LOR, 4 Jun 01 
j.  LOR, 26 Oct 01 
k.  RIC, 12 Mar 02 
1.  RIC, 25 Mar 02 
m.  LOR, 5 Apr 02 
2.  Denial of AFGCM 
3.  Airman's Receipt of Notification Memorandum