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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME OF SERVICE MEMBER (LAS r, FIRST MIDDLE INITIAL) 
.......................... 

L - - - - - - - - - - - - - - - - - - - - - - - - - I  

TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COllNSEL AND OR ORGANIZATION 

YES 

No 

X 

GRADE 

A l C  

APSNISSAN 

I - - - - - - - - - - - - - -  

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

X 

RECORD REVIEW 

ADDRESS AND OR ORCANlZATlON O F  COIJNSEL 

ISSUES 

A92.35 
A92.01 
A94.05 

INDEX NUMBER 

A67.10 

1 

1 
2 
3 

IlEARlNG DATE 

CASE NllMBER 

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EXHIBITS SUBMITTED TO TBE BOARD 

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ORDER APPOINTING  THE BOARD 
APPI,ICA'KION  FOR  REVIEW OF DISCHARGE 
I.FT1'ER OF NO'SIkICATION 
BRlEF OF PERSONNEL  FILE 

PERSONAL APPEARANCE 

13 Mar 2007 
APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE  DISCUSSED ON l H E  AI7ACHF.D  AIRFORCE DISCHARdE REVleW BO& 

FD-2006-00207 

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1  Case heard in Washington, D.C. 

DECISIONAL RA7'IONAI.E 

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Advise applicant of the decision of the Board, the right to a personal appearance witldwithout 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. 

+  Reenlistment Code 

INDOWE MEhT 

v 

DATE: 3/20/2007 

10. 

SAWMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM. 

SECRETARY OF THE AIR FORCE PERSONNEI.  COUNCII. 
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 

AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00207 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reenlistment 
code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRR) 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 and change of reenlistment  code are 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: 

Issue  I .   Applicant contends discharge was inequitable because it was too harsh and based on isolated 
incidents.  The records iildicatcd the applicant received two Article  15s and a Vacation for misconduct. 
Applicant's  first Article  15 was for failure to go to appointed place of duty and dereliction of duty for failure 
to refrain from using his government travel card for personal and unauthorized use.  He was punished  with a 
reduction in grade to Senior Airman, suspended forfeiture of pay for two months, 45 days oi' extra duty, and 
a reprimand.  His Vacation action was for failure to go to appointed place of duty which resulted in a 
forfeiture of pay for two months.  His secoild Article  1 5 was for being derelict ill the perlbrmailce of dutics 
by negligently failing to follow Flight Operating Instruction 91 -5.  f lc was reduced in grade to Airman First 
Class and performed  14 days of extra duty.  The DRR 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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRR took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousiless of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Mountain Home AFB,  ID on 
16 Aug 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge, and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 21 Sep 80.  Enlmt Age: 19 10/12.  Disch Age: 24 10/12. Educ: 

HS DIPL.  AFQT: N/A.  A-88,  E-85,  G-80,  M-87. PAFSC: 2W051 -  Munitions Systems 
Journeyman. DAS: 15 Jan 04. 

b.  Prior Sv: (1) AFReS 9 Aug 00 -  28 Aug 00  (20 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted A m  29 Aug 00 for 6 yrs. Svd: 04 Yrs I1 Mo 18 Das, all AMS. 

b.  Grade Status:  A1C -  19 Jul 05  (Article 15, 29 Jul 05) 
SrA -  09 Dec 04  (Article 15, 09 Dec 04) 
SSgt -  1 Jun 04 
SrA -  13 Aug 02 
A1C  -  13 Oct 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 Jul 05, Mountain Home AFB, ID -  Article 92.  You, 
who knew of your duties, on or about 23 Jun 05, were 
derelict in the performance of those duties in that you 
negligently failed to follow Flight Operating 
Instruction 91-5, section 3.3.9, as it was your duty to 
do.  Reduction to AlC, and 14 days extra duty. 
(No appeal) (No mitigation) 

(2) 13 Jun 05, Vacation, Mountain Home AFB, ID -  Article 

86.  You, did, on or about 25 May 05, without authority, 
fail to go at the time prescribed to your appointed 
place of duty, to wit: building 3022.  Forfeiture of 
$100,00 pay per month for two months.  (No appeal) (No 
mitigation) 

( 3 )   9 Dec 04, Mountain Home AFB, ID -  Article 86.  You, 

did, on or about 3 Nov 04, without authority, fail to go 
at the time prescribed to your appointed place of duty, 
to wit: Building 10439,  Article 92.  You, who knew of 
your duties, from about 9 Oct 04 to about 3 Nov  04, were 
derelict in the performance of those duties in that you 

DEPARTMENT OF THE AIR FORCE 
366TH EQUIPMENT MAINTENANCE SQUADRON (ACC) 

MOUNTAIN HOME AFB, IDAHO 83648 

FROM:  366 EMSICC 

SUBJECT:  Notification Memorandum 

1.  I am  recommending your discharge from the United States Air Force for Misconduct: 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 an 
Under Honorable Conditions (General) Discharge. I am recommending that your service be 
characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 23 Jun 05, you negligently failed to follow Flight Operating Instruction 91-5, 

section 3.3.9.  As a result,  you received an Art. 15, UCMJ, dated 19 Jul05.  (Atch 1). 

b.  On or about 25 May 05, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, on 13 Jun 05, the suspended punishment from your Art.  15, UCMJ, dated 
09 Dec 04, was vacated.  (Atch 2). 

c.  On or about 03 Nov 04, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received an Art.  15, UCMJ, dated 09 Dec 04.  (Atch 3). 

d.  From on or about 09 Oct 04 to about 03 Nov 04, you failed to refrain from using your 

government travel card for personal and unauthorized use.  As a result, you received an 
Art. 15, UCMJ, dated 09 Dec 04,  (Atch 3). 

3.  Copies of the documents to be forwarded to the separation authority in support of this, 
iecommendation are attached.  The commander exercising special court-martial jurisdictitm or 
higher authority will decide whether you will be discharged or retained in the United States 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 rewupment.  The separation authority will make the findings 
and recommendations required under 10 U.S.C.  Section 2005(g). 

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 Capti, .-..-.-....-....-... 
jat  750 Desert Ave., Mountain 
Home AFB, on -J A&oS 
hours.  You may consult civilian counsel at your 

, at  d5m 

I 

' 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  14oe-4 
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 have been scheduled for a medical examination.  You must report to the Force Health 
Management Section, Mountain Home AFB Hospital on  3 A r ~  OF  , at 
for the examination. 

/o 0 0 

hours 

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 at your orderly room. 

9.  Proceed with this letter to the Military Personnel Flight (MPF), Customer Service, Building 5 12, 
Mountain Home AFB no later than ,lCDo  / 3 4u& o< 
temporary ID card good for.90 days.  1f the. discharge action is still pending at the end of 90 days, 
another temporary ID card will be issued to you until the case is finalized. 

where you will be issued a 

10.  Proceed with this letter to the Security For  es, Pass and Registration Section, Building 7001, 
Visitor Control Center, no later than 
Mountain Home AFB vehicle sticker and your DoD vehicle decal after which you will be issued a 
temporary vehicle pass good for 90 days.  If the discharge action is still pending at the end of 90 
days, another temporary vehicle decal will be issued to you until the case is finalized. 

where you will turn in your 

,604  /F3 14~6 o 5 

I  I.  Proceed with this letter to the Traffic Management Office (TMO), in building 5 12, 
immediately after receiving your separation orders from the Separations Section at the MPF for 
arranging shipment of your household goods. 

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

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

rn 

Commander 

rt, 

L 

Attachments: 
1.  .$ypporting  Documents 
2.  Receipt of Notification Memorandum 

Oh,