NAME OF SERVICE MEMBER (LASI',  PIHSI' MIDDLE INIT14L) 

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AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD IIEARING RECORD 

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EXIIIBITS SIJBMITTED TO THP BOARD 

ORDtK APPOIN'TING  THE BOARD 
APPl  IC'A 1 ION FOR REVIEW OF DISCIIARCTF 
L t T 1  EK OI' NO I  IFlCATlON 
BRIEF OF PERSONNbI  bI1.E 
COUNSEL'S  RELEASE TO  I  I  Il-  HOARD 
ADD11 IONAI,  kXI IlRlTS SIJBMITTCD A l   I  IMF OF 
I'tRSONAL  APPEARANCE 

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'TAPE  RECDRDMG O r  PERSONAI,  AI'I'FARANCE  HE 

11 Jan 2007 
APPLICANTS ISSUE AND THE BOAW'S DECISIONAL R4TIOhAL .4KE DlbCLSStD Oh I Hk r\'l'T%CH€.I)  AIR  FORCF DISCHARGE REVIEW BOARD DECISlOh.\L  RATIOYALt 

FD-2006-00155 

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

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. " ~ Y U O R S E ~ ~ E N T  

. ., 

SAFIMRRR 
550 C SI'UEI' WEST, SUlTE 40 
KANDOI,PH  AI'D,  TX 78 150-4742 

DATE:  1/24/2007 

FROM 

SECRETARY OF THF AIR FORCE PERSOh\EL  COL h C I L  
41R  FORCE DISCHtRtiE REVIEW BOAKU 
1535 COMMAND OR,  EE WING, 3RD FLOOR 
ANDREW5 AFII, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EP-V2) 

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Previous edition will bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00155 

GENERAL:  The applical~t appeals for upgrade of discharge to honorable. 

The applicant was offered a persolla1 appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on thc applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is dcnied. 

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

ISSUE: 

Issue 1.  Thc applicant subrnittcd no issues and realized his actions while in the military were unacceptable 
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 indicatcd the applicant received two Article  1 5's,  a Vacation, five Letters of 
Reprimand, three Letters of Counscling, and four Records of llldividual Counseling for misconduct.  He was 
administratively disciplined for drug abuse; being late for work; failure to obey a dircct order; dereliction of 
duty; disobeying lawful orders; failure to go; abandoned post; sleeping on duty; failure to comply with 
shaving standards; and failure to meet uniform standards.  I-lis first Article  15 was for striking another 
airman in the face four times witli a closed fist.  He was punislied with a suspended reduction to Airinan, 
suspended forfeiture of pay for two months.  The Vacatioil action was for Sailurc to go to appointed place of 
duty.  He was reduced in grade to Airinan and forfeited $100.00 pay for two months.  I-Iis secoild Article  15 
was for using his Governmeilt Travel Card for personal use; and wrongfully accessing unofficial internet 
sites.  For this misconduct, he was reduced in grade to Airman, suspendcd forfeiture of pay, 30 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 charactcrization of the discharge received by 
the applicant was found to be appropriate. 

lssue 2.  The applicant cited his desire to receive the G.I. Bill bcnefits as justification  for upgrade.  T l ~ c  DRB 
noted that when the applicant applied for these benefits, he signed a statement (DL)  Form 2366, on 
September 11,2000) that he understood he inust receive an Honorable discharge to receive future 
educational entitlements.  The Board was synlpathetic to the impact the loss of these benefits was having on 
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The Discharge Review Board coiicludcs that the discharge was consistent with the 
procedural and substaiitive requirements ol'the discharge regulation and was within the discretioil of the 
discharge authority and that the applicant was providcd 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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Langley AFB, VA on 22 
Dec 03 UP AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Dec 80.  Enlmt Age: 19 7/12.  Disch Age: 23 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-61,  G-70,  M-63. PAFSC: 33052 - Electric Power Production 
Journeyman. DAS: 10 Mar 01. 

b.  Prior Sv: (1) AFRes 9 Aug 00 -  28 Aug 00  (20 Days)(~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Aug 00 for 6 yrs. Svd: 03 Yrs 03 Mo 25 Das, all AMS 

b.  Grade Status:  A m  -  8 Aug 03  (Article 15, 8 Aug 03) 

A1C -  15 Dec 01 
A m  -  15 Feb 01 (Article 15, 15 Feb 01) 
A1C -  20 Oct 00 

c.  Time Lost:  None. 

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'  an official statement, to wit: that 
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d.  Art 15's:  (1) 8 Aug 03, RAF Mildenhall, UK -  Article 107.  You did, 
on or about 14 Jul 03, with intent to deceive, make to 
SMSgt : 
you did not use your Government Travel Card to make 
unofficial purchases, which statement was totally false, 
and was then known by you to be so false.  Article 92. 
You, did, on divers occasions, from on or about 27 Dec 
02 to on or about 27 May 03, violate a lawful general 
regulation, to wit: paragraph 6.1.1, AFI 33-129, dated 4 
Apr 01, by wrongfully accessing unofficial internet 
sites.  You, who knew or should have known of your 
duties, on divers occasions from on or about 27 Dec 02 
to on or about 27 Jul 03, were derelict in the 
performance of those duties in that you failed to 
refrain from misusing the government credit card, as it 
was your duty to do.  Reduction to A m .   Suspended 
forfeiture of $645.00 per month for 2 months, 30 days 
extra duty, and a reprimand. (Appeal/Denied) (No 
mitigation) 

( 2 )   25 Jul 01, Vacation, RAF Mildenhall, UK -  Article 86. 

You did, on or about 18 Jun 01, without authority, fail 

to go at the time prescribed to your appointed place of 
duty, to wit: Building 705.  Reduction to Airman, 
forfeiture of $100.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

(3) 15 Feb 01, Sheppard AFB, TX -  Article 128. ----------------- 
or about 11 Jan 01, unlawfully strike A1C: 
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. - - - - - - - - !,  on the face four times with your closed fist. 
Suspended reduction to Airman.  Suspended forfeiture of 
$521.00 pay per month for 2 months.  (No appeal)  (No 
mitigation) 

You did, on 

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e.  Additional: LOR, 24 NOV 03 -  Drug abuse. 

MFR, 11 JUL 03 -  Late for work, and violation of safety 

LOR, 23 APR 02 -  Failure to obey a direct order. 
DD FORM 1408, 6 APR  02 -  Failure to comply with 

pol icy. 

registration documents, and no 
road tax displayed. 

LOC, 20 MAR 02 -  Dereliction of duty. 
LOC, 18 SEP 01 -  Disobeying lawful orders. 
RIC, 06 SEP 01 - Disobeying lawful orders. 
RIC, 05 SEP 01 -  Dereliction of duty. 
LOR, 17 JUL 01 -  Failure to go. 
LOR, 31 MAY 01 -  Failure to go on two occasions. 
LOR, 31 MAY 01 - Abandoned post. 
RIC, 29 MAY 01 -  Sleeping on duty, disobeying a direct 

order, and failure to go. 

LOC, 19 APR 01 -  Failure to comply with shaving standards. 
RIC, 26 MAR 01 -  Failure to meet uniform standards. 

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f.  CM:  None. 

g.  Record of SV: 29 Aug 00 -  28 Apr 02  RAF ~ildenhall 3  (Initial) 
29 Apr 02 -  28 Apr 03  RAF Mildenhall  4  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/1  OLC, AFOSLTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (04) Mos  (14) Das 
TAMS:  (03) Yrs  (03) Mos  (25) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Apr 06, 

(Change Discharge to Honorable) 

Issue I:  I would like to continue my education, using the Montgomery Bill, 

and I can not do this unless I have an Honorable Discharge, without any 
conditions. 

Issue 2:  I made a mistake and used my government card for my personal use, 

this is something I should not have done.  This resulted in my discharge.  The 
records will indicate that all of the expenses r  unlawfully put on the 
government card have since been repaid in full by me.  I fully understand that 
what I did was wrong, and now hope that the review board will assist me in 
upgrading my discharge, as I will be able to attend school and better position 

myself in society.  I am currently married and have two children, ages six and 
four. 

ATCW 
None. 

DEPARTMENT OF THE AIR FORCE 

aEADQUARTERS lOOTH AIR REFUELING WING (USAFE) 

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100th CIVIL ENGINEER SQUADRON 

011  OEC 2003 

FROM: 100 CESICC 

SU&JECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct - Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your 
service will 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 1 1 January 2001, you unlawfully struck another airman in the face, as evidenced by AF 

Form 3070, Article 15, Nonjudicial Punishment, dated 15 February 2001. 

b.  On 26 March 2001, you were derelict in your duties by failing to meet Air Force dress and 
appearance standards, as evidenced by AF Form 174, Record of Individual Counseling, dated 26 
March 200 1. 

c.  On 18 April 2001, you were again derelict in your duties by failing to meet Air Force dress 

and appearance standards, as evidenced by a Letter of Counseling, dated 19 April 2001 

d.  On 24 May 2001 you were derelict in your duties by sleeping on duty, as evidenced by AF 

Form 174, Record of Individual Counseling, dated 29 May 2001, 

e.  On 25 May 2001, you were derelict in duties when you failed to go to your place of duty, 

as evidenced by AF Form 174, Record of Individual Counseling, dated 29 May 2001. 

f. On 26 May 2001, you left your place of duty, as evidenced by a Letter of Reprimand, dated 

31 May2001, 

g.  On 27 and 28 May 2001, you failed to report to,yow appointed place of duty, as evidenced 

by a Letter of Reprimand, dated 3 1 May 2001. 

h.  On 18 June 2001, you again failed to report to your appointed place of duty, as evidenced 

by a Letter of Reprimand, dated 17 July 2001.  This also resulted in a vacation action of the 
suspended punishment from your previous Article 1 5, dated 15 February 200 1, as evidenced by 

AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 
25 July 2001. 

i.  On 26 July 2001, you were derelict in your duties by f ~ l i n g  to meet Air Force dress and 

appearance standards and failed to obey a lawful order, as evidenced by AF Form 174, Record of 
Individual Counseling, dated 5 September 2001. 

j.  On or about 7 September 2001, you failed to obey an order by not bringing your personal 
mobility bag in for inspection, as evidenced by a Letter of Reprimand, dated 18 September 2001. 

k.  On 20 March 2003, you were counseled for missing or being late to several appointments 
including forklift training and supervisors safety training, as evidenced by a Letter of Counseling, 
dated 20 March 2002. 

1.  On or about 14 July 2003, you made a false official statement, as evidenced by AF Form 

3070, Article 15, Nonjudicial Punishment, dated 8 August 2003, 

m.  On diverse occasions between 27 December 2002 and 27 May 2003, you violated a 
lawhl regulation by wrongfully accessing unofficial internet sites, as evidenced by AF Form 
3070, Article 15, Nonjudicial Punishment, dated 8 August 2003. 

n.  On diverse occasions between 27 December 2002 and 27 July 2003, you were derelict in 
your duties by failing to refiain fiom misusing your government travel card, as evidenced by AF 
Form 3070, Article 15, Nonjudicial Punishment, dated 8 August 2003. 

o.  On diverse occasions between 1 May 2001 and 3 1 December 2001, you wrongfully used a 

controlled substance, as evidenced by a Letter of Reprimand, dated 24 November 2003. 

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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to counsel.  Military legal counsel has been obtained to assist you.  An 
appointment has been made for you to consult the Area Defense Counsel, at building 948, RAF 
Lakenheath, DSN 226-3608 on Monday, 1 December 2003, at 1400 hours.  Instead of the 
appointed counsel, you may have another if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 5 1-201.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must be 
readily available. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three (3) duty days of the date 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 your right to do so, 

7.  You are scheduled for a medical examination.  You must report with the Medical 
Examination memorandum to Building 932, Family Practice, RAF Lakenheath, on 
Wednesday, 3 December 2003 at 1445 hours.  You must be in uniform.  If you have been 
prescribed glasses, you must wear your glasses to the appointment. 

8.  You have been scheduled for a Separations Briefing.  Please report to the Military Personnel 
Flight, Building 436, RAF Mildenhall, DSN 238-2389 on Tuesday, 2 December 2003 at 1400 
hours. 

9.  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 at the unit orderly room or the Area Defense 
Counsel office.  Execute the attached acknowledgment and return it to me immediately, 

Commander 

Attachments: 
1.  Airmen's Acknowledgment 
2,  Medical Examination Memorandum 
3.  Al? Form 3070, Article 15, Nonjudicial Punishment, dtd 15 February 2001 
4.  AF Form 174, Record of Individual Counseling, dtd 26 March 2001. 
5.  Letter of Counseling, dtd 19 April 2001 
6.  AF Form 174, Record of Individual Counseling, dated 29 May 2001. 
7.  Letter of Reprimand, dtd 3 1 May 2001 
8.  Letter of Reprimand, dtd 3 1 May 2001 
9.  Letter of Reprimand, dtd 17 July 200 1 
10,  AF Form 366, Record of Proceedings of Vacation of Suspended NP, dtd 25 July 2001 
1 1.  AF Form 174, Record of Individual Counseling, dtd 5 September 200 1 
12.  Letter of Conseling, dtd 18 September 2001 
13.  Letter of Counseling, dtd 20 March 2002 
14.  GF Form 3070, Article 15, Nonjudicial Punishment, dtd 8 August 2003 
15.  Letter of Reprimand, dtd 24 November 2003 
16.  Records Review RIP