Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the riglit to submit an 
application to the AFRCMR 

Names and votes will be made available to the applicant at the applicanl's request. 
*  Reason and Authority 
+  Reenlistment Code 

SATIMRBR 
550 C STRCCT WEST, SUITE 40 
MNDOLl'H  AFB, TX 781 50-4742 

AIR FORrE DISCHARGE REVIEW BOAHI) 
I535 COMMAND DR, EE WING, 3RD bLOOK 
ANDREWS AFB, MD 20162.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00204 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority lor 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 factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment codc are denied. 

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

ISSUE: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  He 
contends his n~isconduct was based upon his depression due to his severely ill baby.  He has also expressed a 
desire for upgrade of his discharge to allow for reenlistment into the armed forces.  The records indicated the 
applicant received an Articlc  15, a Vacation,  12 - AETC Forn1341 's, and two ~elnorandunls for Record for 
misconduct.  Applicant received an Article  15 for failure to go to appointed place of duty.  He was punished 
with forfeiture of $575.00 pay for two months and thirty days of correctional custody (suspended).  The 
Vacation action was for failing to adhere to the phase program by staying at a hotel off of the installation. 
He was punished with thirty days of correctional custody.  Applicant was also administratively disciplined 
for being late fbr formation on two separate occasions; curfew violation, failure to shave and uniform 
violation, failed room inspcctions, failure to go, and s~nokillg in his dorm room.  'fhe 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 AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Goodfellow AFB, TX on 18 
Dec 03 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Feb 84.  Enlmt Age: 18 5/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-55,  G-62,  M-41. PAFSC: 3E711 -  Student. DAS: 16 Jun 03. 

b.  Prior Sv:  (1) AFRes 15 Aug 02 -  28 Apr 03  (8 months 14 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Apr 03 for 6 yrs. Svd: 00 Yrs 07 Mo 21 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Nov 03, Vacation, Goodfellow AFB, TX -  Article 92. 
You, who knew or should have known of your duties, on 
divers occasions between on or about 6 Nov 03, and on or 
about 10 Nov 03, were derelict in the performance of 
those duties in that you stayed at a hotel off of the 
installation, and therefore, willfully failed to adhere 
to the phase program, as it was your duty to do.  Thirty 
days correctional custody. (No appeal)  (No mitigation) 

(2) 10 Oct 03, Goodfellow AFB, TX -  Article 86.  You did, 

on or about 20 Aug 03, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 3453 at 1900 hours.  Forfeiture of $575.00 
pay per month for 2 months.  Thirty days correctional 
custody (suspended). (No appeal) (No mitigation) 

e.  Additional: MFR, 03 DEC 03 -  Escaped from base correctional custody. 

AETC 125A, 26 NOV 03 -  Disenrolled from training. 
AETC 341, 12 NOV 03 -  Late for formation. 
AETC 341, 12 NOV 03 - Missed mandatory meeting. 
MFR, UNDATED -  Uniform violation and phase violation. 
AETC 341, 01 NOV 03 -  Curfew violation. 
AETC 341, 29 OCT 03 -  Late for formation. 
AETC 341, 27 OCT 03 -  Late for mandatory formation. 
AETC 341, 22 OCT 03 -  Failure to shave, and a uniform 

violation. 

AETC 341, 16 OCT 03 -  Failed to go to PC. 
MFR, 10 OCT 03 -  Failure to show for mandatory appointments 

for over a week. 

AETC 341, 30 SEP 03 -  Failed room inspection. 
AETC 341, 23 SEP 03 -  Failed room inspection. 
AETC 341, 04 SEP 03 -  Failed a timed run at physical 

MFR, 16 JUL 03 -  Smoking in dorm room and breaking phase 

conditioning, 

rules. 

AETC 341, 16 JUL  03  -  Smoking in dorm room. 
AETC 341, 07 JUL 03 -  Failed room inspection. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (04) Mos  (04) Das 
TAMS: (00) Yrs  (07) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 May 06. 

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

for Discharge) 

Issue 1:  I would like to reenlist.  The misconduct was  based upon my 
depression, when my baby was severely ill.  All of those issues have been 
resolved. 

ATCH 
1. DD Form 214. 
2. Letter of Support. 

MEMORANDUM FOR AHC 

.................................................... 
1312 TRS 
................................................... 

FROM: 312TRS 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge h m  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. 

2.  My reasons for this action are: 

a.  On or about 7 Jul03, you failed a room inspection.  For this, you received an AETC Form 

341, dated 7 Jul03, 

b.  On or about 16 Jul03, you were smoking in your room, a phase violation.  For this, you 

received an AETC Form 341, dated 16 Jul03. 

c.  On or about 26 Jul03, you were assigned to Remedial Military Training (RTMT)  for 

smoking in your room.  This is documented on a Memorandum for Record, dated 16 Jul03. 

d.  On or about 20 Aug 03, you did, at or near Goodfellow AFB, Texas, without authority, fail 
to go at the time preMibed to your appointed place of duty, to wit:  Building 3453 at 1900 hours. 
For this, you received an AF Form 3070 (Article IS), dated 10 Oct 03. 

e.  On or about 4 Sep 03, you failed a timed run at physical conditioning PC).  For this, you 

received an AETC Form 341, dated 4 Sep 03. 

f.  On or about 23 Sep 03, you failed a room inspection.  For this, you received an AETC 

Form 341, dated 23 Sep 03. 

g.  On or about 30 Sep 03, you failed a mom inspection.  For this, you received an AETC 

Fonn 341, dated 30 Sep 03. 

h.  On or about 16 Oct 03, you failed to go to PC.  For this, you received an AETC Fonn 341, 

dated 16 Oct 03. 

i.  On or about 18 Oct 03, you were assigned to Remedial Military Training (RTMT)  for failing 
to show for a mandatory appointment for over one week about room failure.  This is documented 
on a Memorandum for Record, dated 10 Oct 03. 

j.  On or about 22 Oct 03, you failed to shave and you wore the wrong web belt with your 

uniform.  For this, you received an AETC Form 341, dated 22 Oct 03. 

k.  On or about 27 Oct 03, you w,ere late for a mandatory fonnation.  For this, you received an 

AETC Fonn 341, dated 27 Oct 03. 

1.  On or about 29 Oct 03, you were late for a morning formation.  For this, you received an 

AETC Form 341, dated 29 Oct 03. 

m.  On or about 1 Nov 03, you were not in your room at curfew.  For this, you received an 

AETC Form 341, dated 1 Nov 03. 

n.  On or about 5 Nov 03, you were observed getting out of a taxi, dressed in BDUs without a 
:that you had been staying with your wife in a downtown hotel 

hat,  You admitted to ~~gtc::::::::, 
on numerous occasions.  This is documented on a Memorandum for Record, undated. 

o.  On or about 6 Nov 03, you missed a mandatory security clearance meeting.  For this, you 

received an AETC Form 341, dated 12 Nov 03. 

p.  Between on or about 6 Nov 03 and 10 Nov 03, you who h e w  or should have known of 
your duties, at or neat Goodfellow Air Force Base, Texas, on divers occasions, were derelict in 
the performance of those duties in that you stayed at a hotel off of the installation, and therefore, 
willfully failed to adhere to the phase program, as it was your duty to do.  For these, you received 
an AF Fonn 366 (Vacation), dated 24 Nov 03. 

q.  On or about 12 Nov 03, you were late for a casual formation.  For this, you received an 

AETC Form 341, dated 12 Nov 03. 

r.  On or about 17 Nov 03, AB 1 - - - - - - - - - - - - - - - - - - -  escaped h m  the base correctional custody 

unit in building 401.  This is documented on a Memorandum for Record, dated 3 Dec 03. 

s.  On or about 26 Nov 03, you were disenrolled from course X3ABR3E73 1-006 (Fire 

Protection Apprentice) for disciplinary reasons.  You are not recommended for fhther technical 
training.  This was documented on AETC Fonn 125A and a Record of Training on 26 Nov 03. 

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 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 with the Goodfellow AFB, Area Defense Counsel 
at  04 &) hours in BIdg 308.  You may consult civilian counsel 
IO hwQ3 
on 
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  / ;1 
unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

at  bt 70 

o? 

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 must report to the Physical Exams Section of the clinic during walk-in hours, Monday 
through Thursday from 0730-1530 hours, for your medical examination. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the Unit Orderly Room. 

: . - . . . . - . . - . - . . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m  

Commander 

Attachments: 
1.  AETC Fonn 341, dated 7 Jul03 
2.  AETC Fonn 341, dated 16 Jul03. 
3.  Memorandum for Record, dated 16 Jul03 
4.  AF Form 3070 (Article IS), dated 10 Oct 03 
5.  AETC Form 341, dated 4 Sep 03 
6.  AETC Form 341, dated 23 Sep 03 
7.  AETCFonn341,dated30Sep 03 
8.  AETC Form 341, dated 16 Oct 03 
9.  Memorandum for Record, dated 10 Oct 03 
10. AETC Form 341, dated 22 Oct 03 
11. AETC Form 341, dated 27 Oct 03 
12. AETC Form 341, dated 29 Oct 03 
13. AETC Form 341, dated 1 Nov 03 
14. Memorandum for Record, undated 
15. AETC Form 341, dated 12 Nov 03 
16. AF Form 366 (Vacation), dated 24 Nov 03 
17. AETC Form 341, dated 12 Nov 03 
18. Memorandum for Record, dated 3 Dec 03 
19. AETC Form 125A and a Record of Training, dated 26 Nov 03