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AF | DRB | CY2006 | FD2006-00138
Original file (FD2006-00138.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AlC 
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I X  

AFSNISSAN 

RECORDREVIEW 

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1 

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PERSONAL APPEARANCE 

JTYPE GEN 

'O** 

YES 

No 

NAME O F  COUNSEL AND ORORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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MEMBER SITTING 

VOTE OF flBtE BOARD 

HON 

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GEN 

I  UOTHC 

I  OTHER 

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DENY 

................................... 

ISSUES 

A94.53 

INDEX NUMBER 

A67.10 

1 
2 

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1 

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EXHIBITS SB3MFTTED TO THE BOARD 

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ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

(  TAPE RECORDING 01.'  PERSONAL APPEARANCE HE 

HEARING  DATE 

CASE NUMBER 

21 Nov 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATION.UE 

FD-2006-00138 

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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. 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY O F  THE AIR FORCE  PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND  DR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762.7002 

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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-2006-00138 

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 an Article  15, four 
Letters of Reprimand, and a Letter of Counseling for misconduct.  He was administratively disciplined for 
being late for work on several occasions, unsatisfactory progress on his Career Development Courses, and 
dereliction of duty.  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, suspended forfeiture of pay for two months, 
restriction to Whiteman AFB for 14 days and 14 days of extra duty.  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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Whiteman AFB, MO on 19 
Jan 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jul 85.  Enlmt Age: 18 4/12.  Disch Age: 19 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-46,  G-34,  M-44. PAFSC: 36431 - Utilities Systems 
Apprentice. DAS: 19 Jul 04. 

b.  Prior Sv: (1) AFRes 13 Nov 03 -  23 Feb 04 (3 months 11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 24 Feb 04 for 4 yrs. Svd: 00 Yrs 10 Mo 26 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Dec 05, Whiteman AFB, MO -  Article 86.  You, did, on 
or about 6 Dec 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Fitness Center, Building 2014.  Suspended reduction to 
Airman.  Suspended forfeiture of $100.00 pay per month 
for 2 months.  Restriction to the limits of Whiteman 
AFB, Missouri for 14 days, and 14 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 23 DEC 04 -  Dereliction of duty. 

LOR/UIF/CR, 17 NOV 04 - Dereliction of duty. 
LOCI 15 NOV 04 - Unsatisfactory progress on Career 

LOR, 18 AUG 04 -  Late for work. 
LOR, 28 JUL 04 -  Late for work. 

Development Courses. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (02) Mos  (07) Das 
TAMS:  (00) Yrs  (10) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Mar 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. Two Character References. 

@ 

DEPARTMENT OF THE AIR FORCE 

509TH CIVIL ENGINEERING SQUADRON (ACC) 

WHITEMAN AIR FORCE BASE, MISSOURI 

Fn;;: 

6 3 p l r ~ '  

MEMORANDUM FOR  A1C i b...-..-....-..-...---------------------: 

FROM:  509 CESICC 

SUBJECT: Notification Memorandum 

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

2.  My reasons for this action are: 

a.  On or about 6 Dec 04, you failed to go to your appointed place of duty at the time 

prescribed.  For this incident, you received an Article 15, dated 27 Dec 04 

b.  On 21 Dec 04, you failed to go to your appointed place of duty at the time prescribed. 
For this incident,. you received a Letter of Reprimand (LOR), dated 23 Dec 04.  Additionally, it 
was placed in your existing Unfavorable Information File (LIE). 

c.  On 12 Nov 04, you failed to go to your appointed place of duty at the time prescribed. 
For this incident, you received an LOR, dated 17 Nov 04.  Additionally, a UIF was established. 

d.  On 8 Nov 04, you were told to stay after work and study your CDC's  for an hour, 

which you failed to do.  For this incident, you received a Letter of Counseling (LOC), dated 15 
Nov 04. 

e.  On 18 Aug 04, you failed to go to your appointed place of duty at the time prescribed. 

For this incident, you received an LOR, dated 18 Aug 04. 

f.  On 27 Jul04, you failed to go to your appointed place of duty at the time prescribed. 

For this incident, you received an LOR, dated 28 Jul04. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercishg special court-martial convening 
authority 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 and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

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 the h e a  Defense Counsel in Bldg 509 on 

For Official Use Only 

6Yfi~of at  / l o o  
expense. 

. YOU  may also consult civilian counsel at your own 

5.  You have the right to submit statements in your own behalf  Any statements you want the 
/ I( 0 0   unless you request 
separation authority to consider must reach me by  1 
and receive an extension for good cause shown.  I will forward y6ur statements to the separation 
authority. 

fW 

6.  If you  fail to  consult counsel or to  submit statements in your  own behalf, your  failure will 
constitute a waiver of your rights to do so. 

7.  You have been scheduled for a medical examination.  You must report to Family Practice at 

on 

for the examination. 

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 your unit's  Commander Support Staff. 

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

Attachments: 
1. Supporting documents --for the reason for discharge: 

a.  Article 15, dated 27 Dec 04 
b.  LOIUUIF, dated 23 Dec 04 
c.  LOIUUIF, dated 17 Nov 04 
d.  LOC, dated 15 Nov 04 
e.  LOR, dated 18 Aug 04 
f.  LOR, dated 28 Jul04 

2.  Documents containing derogatory information -- which are not listed in the notification 
memorandum as the basis for discharge:  None 
3.  Airman's receipt of notification memorandum, dated 6 LS PIN OS 

For Officinl Use Only 



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