NAME OF SERVICE MEMBER (LAST, FIRST MIDDI.,E INI~I'IAI.) 

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I'YPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEI, ANI,  OH OHGANIPATION 

YES 

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X 

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AB 

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C.............a 

RECORD REVIEW 

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AI)IIHFSS  AND OR ORCANlZATlON OF COIINSbl 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

MEMBER SITTING 

- A -  

HON 

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GEN 

IJ(~THC ' I  OTHER 

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IWNY 

.-. 

VOTE OF THE BOARD 

IbSUEb 

A94.05 

A67.10 

I  INDEX NUMBER 
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EXHIBITS SUBMITTED 'I'O THE BOARD 

1  1  I  ORDER APPOIN'I'ING THE BOARD 
2 
APPLICA I  ION  tOR REVIEW OF DISC1 IARGE 
1  3  1  LETTER OF NOTII'ICA'I'ION 
1  4 
1  HRIEF OF PERSONNEI, FI1.F. 
COUNSEL'S  RELEASE '1'0 '1'tIE BOARD 
ADDITIONAI. EXHIBITS SUBMITI'li,I3 A'I' 'TIME OF 
PERSONAL APPEARANCE 

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HEARING  DATE 

CASE NUMBER 

TAPE RECORDING  OF PERSONAL APPICAKANCE HE 

1 1  Jan 2007 
.4PPI  ICANT'S ISSUE AND THE B O A W ' J  DECISl0li.U.  PA'TION.\L  ARE D l j S I  jSFD ON THE ATT\CHEV AIR tOKCE UlSCK\KGE  REVIFU' ROARD DECISIONAL IL\l IOS4L.E 

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1  FD-2006-00105 

1 

1 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  counsel, and the right to submit an 
application to the AFBCMR 

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

*  Reason and Authority 
+ Reenlistment Code 

. ". 

SAFIMRHR 
550 C STREET WEST, SUITE 40 
IiANDOLPM AFU, I'X 78150-4742 

SECRET4HI Ok  IHL  3IR FORCF PFRZOV\EL  COL\CIL 
\IR  TORCE DISCH\RGL. KLVIL\\  UOARO 
I5)5COIl\I4YI)  DR. EE  \\I\G  3KD  kLOOH 
ANDREWS AFB. hlD 20762-7002 

AFlIQ FORM 0-2077, JAN 00 

(EF-V?) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE  NIJMBER 

FD-2006-00105 

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 Sactors leading to the discharge. 

FINDINGS:  Upgrade ol'discharge, change of reasoil and authority for discharge, and change 01' 
reenlistment code are denied. 

The Board finds that neither the cvidence of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He has expressed a desire for upgrade of his discharge to allow for recnlistrnent into the armed 
forces.  The records indicated the applicant receivcd two Article  15's for misconduct.  The first Article  15 
was for receiving an order to report to Bolling AFB Clinic for a urinalysis and failcd to report; and for 
making a false statement that he reported for the urinalysis testing.  He was punished with a reduction in 
grade to Airman.  His second Article  15 was for failure to go to appointed place of duty; and for making a 
false official statement with intent to deceive.  He was disciplined with a reduction in grade to Airman Basic. 
'Ihe DRB opined that through these administrative actions, the applicant had ainple opportunities to change 
his negative behavior.  'She  Hoard concluded the iniscoilduct was a signiiicant departure froin conduct 
expected of all military members.  'The  characterization of the discharge received by the applicant was found 
to be appropriate. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for mistakes he made when young . 
The DRB recognized the applicant was 21 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The DRH concluded that the characterization 
of the applicant's discharge was appropriate due to the misconduct. 

CONCLUSIONS:  'I'he  Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive require~ments 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)  (BGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Bolling AFB, DC on 21 
Sep 00 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 10 Sep 79.  Enlmt Age: 18 0/12.  Disch Age: 21 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-68,  G-64, M-56. PAFSC: 8G000 - United States Honor Guard. 
DAS: 20 J u ~  98. 

b.  Prior Sv: (1) AFRes 20 Sep 97 -  2 Jun 98 (8 months 13 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Jun 98 for 4 yrs. Svd: 02 Yrs 03 Mo 19 Das, all AMS. 

b.  Grade Status:  AB -  9 Aug 00  (Article 15, 9 Aug 00) 
Amn -  8 Mar 00  (Article 15, 8 Mar 00) 
A1C -  Unknown 
Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Aug 00, Bolling AFB, DC -  Article 86.  You did, 

within the continental United States, on or about 12 Jul 
00, without authority, fail to go at the time prescribe 
to your appointed place of duty, to wit: Bldg 48 Duncan 
Ave, Bolling AFB, Washington, DC.  Article 107.  You 
did, between on or about 11 Jul 00 and on or ahmt-L?-- 
Jul 00, with intent to deceive, make to SSgt : 
, - - - - - - - - - - - - , 
C ............ 
appointment in the morning to have blood drawn for your 
retraining, which statement was totally false, and was 
then known by you to be so false.  Reduction to AB. 
(No appeal) (No mitigation) 

:an official statement, to wit: you had an 

C.............C 

(2) 8 Mar 00, Bolling AFB, DC -  Article 92,  You, having 
................. 
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knowledge of a lawful order, issued by Major: 
- - - - - - - - 
L - - - - - - - )  to report to the Bolling AFB, DC, Bolling Clinic, 
building 17, for a urinalysis, an order which it was 
your duty to obey, did, on or about 16 Dec 99, fail to 
obey the same by wrongfully failing to report to the 
Bolling Clinic, building number 17 on the date 
prescribed.  Article 107.  You, did, on or about 16 Dec 

------------ 

99, with intent to deceive, make to Capt 1 - - - - - - - - - ,  
First Lieutenant : . _ _ _ _ _ _ _ _ _ _  -I :)  an official statement, to wit: 
1 did report for urinalysis testing, which statement was 
totally, and then known by you to be so false. 
Reduction to Airman.  (No appeal) (No mitigation) 

----------- 

:  (then 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 3 Jun 98 -  3 Feb 00  Bolling AFB  2  (1nitial)REF 

h.  Awards &  Decs :  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs (00) Mos  (02) Das 
TAMS: (02) Yrs  (03) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Mar 06. 

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

for Discharge) 

Issue 1:  I would like to upgrade my discharge type and re-enlistment code 

to allow me the opportunity to re-enter active duty and continue my military 
career. 

ATCH 
1. Wriiten Response to Article 15 Proceedings. 
2. Article 15,  8 Mar 00. 
3. Article 15, 9 Aug 00. 
4. DD Form 214. 
5. Four Letters of Appreciation. 
6. Seven Letters of Support. 

DEPARTMENT O F  THE AIR  FORCE 

1 1 TH WING 

MEMORANDUM FOR  A01 .....-.-.-.-.-.-.------------------. 

, 
: 462-59-9456 

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

30 Aug  00 

USAF HG 

FROM:  USAF HGlCC 

50 Duncan Avenue 
Bolling AFB DC 20332-0203 

SUBJECT:  Notification ~emorandum 

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 general.  I am  recommending that  your  service  be characterized as 
General without probation and rehabilitation. 

2.  My reasons for this action are: 

a.  You did,  having knowledge of a lawful order,  issued by Major i 

on 16 December 1999, to report to the Bolling Air  Force Base, ~ash'h~fon;-~ki;d~of 
Columbia, Bolling Clinic, building number 17, for a urinalysis, an order which it was your 
duty to obey. 

-----------------------. 

:I 

You  did  at  or  near  building  number  49,  Ceremonial  Hall,  Bolling  Air  Force  Base, 
Washington, District of Columbia, on or about 16 Decerr~ber 1999, fail to obey the same 
by wrongfully  failing  to  report to  the  Bolling Air  Force  Base,  Washington,  District of 
Columbia,  Bolling  Clinic,  building  number  17  on  the  date  prescribed.  For  these 
offenses, you received nonjudicial punishment under Article  15, UCMJ, dated 8 March 
2000. 

b.  You did, within the continental United States, on or about  12 July 2000, without 
authority, fail to go at the time prescribed to your appointed place of duty, to wit:  Bldg 
48  Duncan Ave,  Bolling AFB,  Washington,  District of  Columbia.  For these offenses, 
you received nonjudicial punishment under Article 15, UCMJ, dated 9 August 2000. 

3.  Copies of the documents to be fonvarded to the separation authority in suppofl of 
this reco~~rnendation are 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 and any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

WORLD CLASS PEOPLE ... WORLD CLASS SUPPORT 

4.  You have the right to counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel, Bldg 4, 
Bolling AFB DC, (202) 404-6580 on 30 August 2000, at 0900 hours.  You may consult 
civilian counsel at your own expense. 

' 

5.  You have been scheduled for a medical examination.  You must report to the Bolling 
AFB Clinic, Annex Bldg 17, at 0945 hours on 31 August 2000 for the examination. 

6.  You. have the right to submit a statement on your own behalf.  Any statements you 
want the separatlon au,thority to consider must reach me within 3 duty days of receipt of 
this notification, unless you request and receive an approved extension.  I will send any 
documents you subrrrit to the separation authority. 

7.  If you fail to consult counsel or to submit statements on your behalf, your failure will 
constitute a waiver of your right to do so. 

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 orderly room. 

L . - . - . . . . - . - . . . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

Commander, USAF Honor Guard 

Attachments: 
1.  Article 15, dtd 8 Mar 00 
2.  Article 15, dtd 9 Aug 00