AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME OF SERVICE MEMBER (LAST, FIHSI' MIDDLE INITIAL) 

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PERSONAL APPEARANCE 

COUNSEL  ,  , , ] NAME OF COllNSlsL AND OR ORtiANIZ4TION 

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RECORD REVIEW 

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A93.07 

INllEX NllMHhH 

A67.10 

HEARING  DATE 

Case heard in Washington, D.C. 

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EXHIBITS SIJBMITTED TO THE BOARD 

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1  APPLICATION FOR REVIEW 0 1 '  IIISCI IARGE 

1  I  OR1)F.K  APPOIN I'ING THE BOARD 
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3  1  LETTER OF NOTIFICATION 
4  1  BRlEF OF PERSONNEL  FILE 

COIJNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXt-IIHl'l'S SUHM1'1'7'EI) AT TIME OF 
PRKSONAI, AI'I'FARANCE 

I  TAPE RECORDING OF PERSONA1  APPI'ARANCt  ilE. 

Advise applicant of the decision of the Board, the right to a personal appearance witl~lwithout 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. 

*  Reason and Authority 
+  Reenlistment Code 

1'0: 

SAI'IMRDR 
550 C STREET WEST. SIJITE 40 
RANDOLPH AFB. TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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DATE:  3/6/201)7 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00209 

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 beforc the Discharge Revicw 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:  The discharge is upgraded to Honorable.  The reason and authority for discharge and change 
of reenlistment code are denied. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify  a change of discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the characterization should be changed to I-Ionorable. 

ISSUE: 

Applicant has expressed a desire for upgrade of his discharge to allow for reenlistment in the armed forces. 
Applicant contends at the time of his entry into the Air Force, he was not aware of his medical condition 
which affected his sleep habits and later experienced depression due to his family situation.  The records 
indicated the applicant received an Article 15, four Lettcrs of Reprimand, and two Records of Individual 
Counseling for misconduct.  His misconduct included failure to go to his appointed place of duty on several 
occasions, failed dorm inspections, being late for duty on numerous occasions, and wearing earrings while in 
uniform.  The DRB reviewed applicant's medical records and determined there may have been some 
correlation with his rncdical condition and his misconduct.  However, the Board could not totally dismiss or 
condone the episodes of misconduct.  Hence, the Board concluded it would be inappropriate to change the 
reason and authority for discharge or his recnlistment code.  However, the majority of the board members 
voted to give the applicant an Honorable discharge characterization. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's  service is more accurately reflected by  an Hollorable discharge.  Therefore, the applicant's 
characterization for discharge should be changed to Honorable under the provisions of Title 10, USC  1553. 

Attachment; 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Shaw AFB, SC on 15 Mar 
01 UP AFI 36-3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for   is charge. 

2 .   BACKGROUND: 

a, DOB: 3 Mar 81.  Enlmt Age: 18 4/12.  Disch Age: 20 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-77,  G-66,  M-76. PAFSC: IT131 - Aircrew Life Support 
Apprentice. DAS: 31 Dec 99. 

b.  Prior Sv:  (1) AFRes 30 Jui 99 -  18 Aug 99 (19 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Aug 99 for 4 yrs. Svd: 01 Yrs 06 Mo 27 Das, all AMS. 

b.  Grade Status:  AB -  5 Feb 01  (Article 15, 5 Feb 01) 

A m  -  19 Feb 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Feb 01, Spangdahlem AB, Germany -  Article 86.  You 

did, on or about 11 Jan 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Building 227 for Bay Orderly duties.  You 
did, on or about 12 Jan 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Building 613 for firearms training. 
Reduction to AB, 30 days extra duty, and a reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 13 NOV 00 -  Failed dorm room inspection. 

CR, 17 JUL 00 -  Repeated failures to go. 
LOR/UIF, 17 JUL 00 -  Failure to go. 
LOR, 13 JUL 00 -  Failure to go. 
LOR/UIF, 22 MAY 00 -  Wearing earrings while in uniform. 
RIC/UIF, 12 MAY 00 -  Late for duty, 
RIC/UIF, 10 MAR 00 -  Failure to go and disobeying a lawful 

order. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (07) Mos  (16) Das 
TAMS: (01) Yrs  (06) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jun 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1, Applicant's Issues. 
2. DD Form 214. 

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The Board will n s l d e r  any issue su&nltted by you prlor to doslng the csse for dellberation.  he B+d  All at,=  revlew the c a S ~  to 

determine w h d m  there are any Issues that prdde a b d s  for u~radlng yow dlsctrarge.  However, 
wmhp to i s u .
that W l n  to Block 8 prlor to completing Ulls e r t  of the appllcatlon.  Ir you . ,. .. rn .  more  i space. .  s ~ b m ~ : a d d ~ l o n $ , ! ~ ~ e s , o n  

 or m w m  to you wiess those issues X .  listmi or hmpordte~ by s p r n C   wem ma+$  carefuily read a* instmctbr~s 

rd Is not requlred tn reSpond In 

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statements as pan of my appllcatlon with full knowledge of the penelties Invoked for willfully making a false 

that an IndIvlduaI shall be flned llnder this title q i r r p i s d  not M Lhan 5 prs, 

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a.  DATE ( Y W Y T D D )  
 

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St. LwCs, MO  63132-5200 
(See Mtp:Ilsrbg.army.pentagon.m~~) 
DDYFORM 293, DEC 2000 

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SANMtBR:  ' 
550-C Strkt. West,Sulte 4 0  
Randdph AFB, -TX 701 5 ~ 4 ? 4 &  

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Commandant (G-WPM) 
2100 Swond Street, S.W. 
Washlngtbn;~~ 205934001 

COAST GUARD 
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Rm. 309 (NO?) 
Washington Nay); Yard,  DC 
20374-5023 

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I HAVE USLO ADDITIONAL 155UES AS AN AVACLOAENT TO THIS APPUCATIDH. 

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I PREWOUSLY SUBMITTED AN APPLICATION ON (Entu&td 
UD AM COMPU3lK TWS FORM M ORDER TO SUBMIT ADPtTIONAL 

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a.  CERTlFlCATlON 
statement. (US. Code,  77th  18, Scthn 1001, pod& 
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I make the f-ng 

THE ABOVE ISSUES SUPERSEDE A U  PRWKWISLY SUBMITTED. 

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DEPARTMENT OF THE AIR  FORCE 

5 2 ~  FIGHTER WINO (USAFE) 

M E M O W U M  FOR 

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L..  -. . -. . . . -. . -. . -. . -. . -. . -. . -. -. .-. . -. . -. . -. . -. . -. . -. -. .! 

22D FIGHTER SQUADRON 

FROM:  22 FSICC 

SUBJECT:  Notification Letter 

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 for discharge is approved, your service will be characterized as honorable or 
general (under honorgble conditions).  I am recommending that your service be characterized as 
general (under honorable conditions). 

2.  My reasons for this action are: 

a.  On 10 Mar 00, you failed to report to your appointed place of duty at the prescribed time. 
Prior to this you were briefed numerous times for the same incident.  You also failed to obey 
a la&l  order.  For this infraction, you received a Record of Individual Counseling (RIC) on 
10 Mar 00.  (Atch 1) 

b.  During the months of Jan 00 through May 00, you repeatedly failed to report to your 
appointed place of duty at the prescribed time.  On 22 Jan 00,27 Jan 00,17 Feb 00, and 
3 May 00, you were verbally counseled for these infractions.  Furthermore, on 1 1 May 00, 
you again failed to report to your appointed place of duty at the prescribed time.  For these 
infractions, you received another RIC on 12 May 00.  (Atch 2) 

c,  On 19 May 00, you violated AFI 36-2903, Dress and Personal Appear'ance, and failed to 
obey a lawful order when you wore earrings in uniform.  For this infraction, you received a 
Letter of Reprimand (LOR) on 22 May 00.  (Atch 3) 

d.  On 13 Jul00, you failed to report to your appointed place of duty at the prescribed time. 
For this infraction, you received another LOR on 13 Jul00.  (Atch 4) 

e.  On 17 Jul00, you failed to report to a scheduled appointment at the prescribed time.  For 
this infraction, you received another LOR on 17 Jul00.  (Atch 5)  An Unfavorable 
Information File (UIF) was established, you were placed on the control roster, and the LORs 
dated 10 Mar 00,12 May 00,22 May 00, and 17 Jul00 were filed in it on 17 Jul00.  (Atch 6) 

f.  On 14 Oct 00, a no-notice spot inspection was conducted and your dormitory room was 
found in unsatisfactory condition.  You were counseled and instnrcted to clean your room for 
re-inspection the following day.  Upon re-inspection, your room was still unsatisfactory and 
you received a verbal counseling.  Furthermore, on 3 Nov 00, you were informed of a 
scheduled room inspection an 4 Nov 00.  On 4 Nov 00, you failed your inspection.  Finally, 
you were informed that you would be re-inspected the fallowing day and upon re-inspection 
you received a marginal.  For these infractions, you received another LOR on 13 Nov 00. 
(Atch 7) 

g.  On or about 1 1 Jan 01, you failed to report to your appointed place of duty at the 
prescribed time.  Also, on or about 12 Jan 01, you failed to report to your appointed place of 
duty at the prescribed time.  For these infractions, you received Article 15 Nonjudicial 
Punishment on 5 Feb 0 1.  You were reduced to the grade of E-1 (Aiman Basic), with a new 
date of rank of 5 Feb 01, received 30 days extra duty, and a reprimand.  (Atch 8) 

3.  Copies of the documents to be f o m d e d  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 re-enlistment in the Air Force and any special pay, bonus, or education assistance Eunds 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 with Capt; -. -. -. -. . . . . . , . . . -. 3 Spangdahlem AB, Germany, 
DSN 452-6607, on 27 F'EB 01 at 
expense. 

hours.  You may consult. civilian counsel at your own 

,--------------------. 

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 dutv davs, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, PHYSICAL EXAMS ELEMENT on 28 FEB 01 at 
hours.  An appointment has 
also been made at FAMILY PRACTICE on 1 MAR 01 at 0915 hours. 

8.  Any personal idormation you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AF136-3208 is available for your use in the Commander's Support Staff office. 

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

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Commander 

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9 Attachments: 
1  RIC, 10May00. 
2.  FUC,  12 May 00. 
3.  LOR, 22 May 00, 
4.  LOR, 13 Jul00 
5 ,   LOR, 1 7 Jul00. 
6.  AF Form  1058,17 Jul00. 
7.  LOR, 13 Nov 00. 
8.  AF Form 3070,16 Oct 00. 
9.  Airman's receipt of Notification Letter, located at Tab 2 

makes him a poor candidate for probation and rehabilitation. Therefore, I do not recommend 
probation and rehabilitation in ~s  case. 

8.  ACTIONS WHICH MAY BE TAKEN:  As the special court-martial convening authority, 
you have the following options: 

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

a.  Direct ABi----------- retained in the Air Force; 
b.  Recommend 3 AFICC discharge AB !-"---'--'- !with an honorable service characterization, 
with or without probation and rehabilitakd3-iiim-' 

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c.  Discharge AB! L - - - - - - - - - - -   !with a general (under honorable conditions) service 
characterization, with or without probation and rehabilitation. 

9.  RECOMMENDATION:  Discharge ABi- --- -- --- -, : for Minor Disciplinary Infractions under 
the provisions of AFPD 36-32 and AFI  36-3208, paragraph 5.49, with a general (under 
honorable conditions) semice characterization, without probation and rehabilitation. 

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Staff Judge Advocate 

Attachment: 
Case file