AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

VAME OF SERVICE MEhlBEK (LAST, FIRST MIDD1,E  INI'I'IAL) 

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COUNS&& 

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1 N,iME OF COUNSEL ANO OR ORGANIZATION 

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PERSONAL APPEARANCE 

MEMBER SITTING 

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AIC 

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A1)DRESS AND OR ORGANIZATION OF COUNSEL 

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EXHIBITS SUBMITTED TO mE BOARD 

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2 
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4 

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1 
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ORDER APPOIN I  lNG THE BOARD 
APPLICAl'1C)N FOR REVIEW OF DISCHAKGE 
LEI"I'F,R OF NOT1I:ICATION 
BRIEF OF PERSONNEI. FILE 
COUNSEL'S  RELEASE '1'0  THE BOARD 
ADDITIONAI. EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPF, RECORDING Ok  I'ERSONAI.,  AI'I'EARANUB  I  i t  

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i .................................... 
A67.10 

A94.05 

INDEX NUMBER 

ISSUES 

I 

HEARING DATE 

27 Feb 2007 

p~ 

CASE NUMBER 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board and the right to sirbtnit an application to the AFBCMR 

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

4  KEASON AND AUTIIORITY 
*  REENLISTMENT CODE 

TO. 

SAkIMRBR 
550 C STRhk I  WEST, SL'ITE 40 
KANIIOLPH AFB, TX  781 50-4742 

PROM 

ShCHt.IARY O F T l l E A l l  bOHCh PERSONNEL  COIINCII 
AIR  FOR(  E DISCHARGE RFVIEW BOAHU 
ISJS COMMAND OR, Eh WING,JRD  FLOOR 
ANI)REWS AFB.  MU 2111(r2 7002 

- 

- -. 

AFllQ FORM 0-2077, JAN 00 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

L A 3 L  NLIMDLK 

FD-2006-00216 

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  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 27 Feb 2007.  No witnesses testified on the applicant's  behalf, 

The  following  additional  exhibits  were  submitted  at  the  hearing:  Exhibit  #5:  One  additional  character 
reference letter.  The attached brief contains available pertinent  data on the applicant and the factors leading 
to the discharge. 

FINDINGS:  The Board  partially  grants the  requested  relief,  as  noted  above.  Upgrade  of discharge and 
change of reason  and  authority  for  discharge are granted,  but  change  of reenlistment code is denied.  The 
discharge is upgraded to honorable.  The reason and authority for the discharge is changed to unsatisfactory 
performance, AFI 36-3208, para. 5.26.1.1. 

The  Board  finds  that  the  cvidence  of  record  coupled  with  that  provided  by  the  applicant  substantiate  an 
inequity that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated over 
a period of approximately five weeks in FebruaryIMarch 2006, the applicant received only one Record of 
Individual Counseling (not handing in homework), and two Letters of Reprimand (one for missing study hall 
and one for a safety violation  on a trainer) in his overall  10-month period of Air Force service.  The DUB 
opined that these administrative actions were not properly characterized  as instances of misconduct, but 
rather, in the training environment, as unsatisfactory performance not atypical of conduct engaged in by 
many past trainees (who had not been separated for such minor acts).  The record shows the applicant used 
each opportunity to change the negative behavior outlined in the documents.  The Board concluded that 
using minor disciplinary infractions to constitute a misconduct discharge was inequitable.  Additionally, the 
DRB's  in-depth evaluation of the applicant's  total Air Force service record was found to be most 
appropriately characterized as honorable. 

Issue 2.  Applicant contends his RE code should be changed to allow him to re-enlist in the military.  The 
Applicant's rccord was thoroughly reviewed by the Board, but the Board found that the information therein 
did not justify a change to the RE code. 

CONCLUSIONS:  The Discharge Review Board concludes that the Applicant was not treated equitably by 
having these few incidents labeled as misconduct, when others in training status who were similarly situated 
in  grade,  rank,  and  time  in  service  were  also  engaging  in  these  incidents  without  being  singled  out  for 
discharge for misconduct  with an under  honorable conditions (general) service characterization.  In view of 
all  of  the  foregoing  fjndings, the  Board  further  concludes  that  there  exists  equitable bases  for  upgrade  of 
discharge, thus thc applicant's discharge should be changed.  The applicant's characterization and reason for 
discharge should be changed to an honorable conditions discharge for unsatisfactory performance, paragraph 
5.26.1.1 under the provisions of Title  10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  A m ,   MD 

(Former AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Sheppard AFB, TX on 4 
May 06 UP AFI 36-3208, para 5.49  (Misconduct - Minor Disciplinary Infractions). 
Appeals for Honorable Discharge and to Change RE Code and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Aug 84.  Enlmt Age: 20 6/12.  Disch Age: 21 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-88,  E-94,  G-94,  M-94. PAFSC: 2A513B -  Integrated Avionics 
Systems Helper. DAS: 2 Sep 05. 

b.  Prior Sv:  (1) AFRes 23 Mar 05 -  4 Jul 05  (3 months 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5 Jul 05 for 6 yrs. Svd: 00 Yrs 10 Mo 00 Das, all AMS. 

b.  Grade Status:  A1C -  19 Aug 05 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: AETC 125A, 5 APR 05 -  Removed from training. 

RIC, 14 FEB 06 -  Failure to obey a direct order. 
LOR, 16 MAR 06 -  Failure to go and late for duty. 
LOR, 23 MAR  06 -  Direct Safety Violation  (DSV). 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, GWOTSM, HSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (01) Mos  (12) Das 
TAMS:  (00) Yrs  (10) Mos  (00) Das 

4 .   RASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 May 06. 

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

Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  A p p l i c a n t ' s   I s s u e s .  
2 .   DD  Form 214. 
3 .   Copy  of  D i s c h a r g e   C e r t i f i c a t e s .  
4 .   Two  T r a i n i n g   C e r t i f i c a t e s .  
5.  3 6 5   TRS  A c c o u n t a b i l i t y   R o s t e r .  
6 .   365  TRS/TTCA,  E m a i l ,   S t u d e n t   L e a d e r s   of  A w a r d s   Banquet. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

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AUTHORITY:  10 U.S.C.  1553; E.O.  9387, 
#IINCPAL  WRWSE(SI:  To apply for a chan~e in d w  ~racterlzetion or m for mUhy d i p  h
ROUTINE USE(8):  None. 
MSCLOSIRIE:  Voluntary;  however, failurs to provid. identifwng information m y  h p d e  procoulng of this eppliutkn.  l h n  request for 
Social Security Number is strictly to oosura moper identification of the individual and appr-te 
1.  APPLICANT DATA  (The p e r ~ o n  whew dkhtwge is to bs revisd).  REASE PRUlT OR TYPE WMRMATIU. 

 to an individual. 

records. 

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Given my cbaracm statements, accompliahmtnts, and service, the offenoes listed are not grievow enough to wamurt General 
Discharge status and ineligibility to reenlist in the Air National Guard. I requcat that my sqmtion be characterized as honorable, 
my reason for separation be categorized as voluntary, and my reenlistmat code be chnngad to 1A or the appropriate rec  " ' 
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293. AUG 2003 

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

PREVIOUS EDITIONS  ARE -E. 

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Paae 1 of 4 Pages 

30 May 2006 

MEMORANDUM FOR THE BOARD OF CORRECTION OF AIR FORCE RECORDS 

submit this letter to the Board of Correction of Air Force Records in 

---------------------- 
FROM:! ...................... 
SUBJECT: Reenhtment Code Waiver 
...................... 
1.  I, I ..................... 
adjunct to all other supporting documents. 
2.  On the attached DD Form 214, page 4,  box 27, the reentry  code (ak.a d i t m e n t  code) 
listed is 2B. This code, although not for any specific offence, prevents my reenlistment in the Air 
National Guard. 
3. I wish this reentry code to be waived to code 1A so that I may reenlist and serve my country. 
4. Although I do disagree with the Discharge Notitication package's  supporting documents, the 
basic content of the Discharge Notification is correct.  I am not attempting to give justification 
for my  actions. I, as before,  only want to serve my country and I do not believe that the minor 
offences I committed are sufficient to prevent me form doing so. 
5.  1 appreciate your time in looking at my case.  I hope and pray you make the best decision in 
this case for all involved. 

Respectfully submitted, 

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

DEPARTMENT OF W E  AIR FORCE 

AIR EDUCATION AND TRAINING COYNAND 

FROM. 365 TRSICCQ 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge h m  tk United States Air Force for minor disciplinary 
infractions,  The authority for this action is AFPD 3632 and AFI 363208, paragraph 5.49,  If my 
recommendation is approved, your service will be chara~te&ed as honorable or under honorable 
k W  as undex honorable 
conditions (general).  I am recommending that your sewice be c
conditions ( g a d ) .  

2.  My reasons for this action are: 

a You, who lurew or should have hown of your duties at or near Sheppard AFB TX, on or 

about 21 Mar 06, were derelict in the performance of those duties in that you failed to rehixi 
from committing a direct safety violation by disconnecting a cannon plug with power applied to 
the trainer, as it was your duty to do.  For this misconduct, you received a Letter of Reprimand 
(LOR) on 26 Mar 06, 

b.  You did, at or near Sheppard AFB TX, on or between on or about 15 Mar 06 and on or 

about 16 Mar 06, on divers occasions, fail to go at the time prescribed to your appointed place of 
duty, to wit:  mandatory study  in Building 1020, Room C139, at 0600 hours.  For this 
rniaconduct, you received an LOR on 16 Mar 06. 

, - - - - - - - - - - - - - 

c.  Yoy having knowledge of a lawful order, issued by SSgti 

1 to wit:  an order 

which it was your duty to obey, did, at or near Shqpard AFB =&&&%on 
and on or about 13 Feb 06, on divers occasions, fail to obey the same by wMdly failing to 
complete three study questions per page h m  your study guide. For this misconduct, you 
received an AF Porn 174, Record of lndivid~lal Counseling, on 14 Feb 06. 

or about 10 Feb 06 

Copies of the documents to be forwarded to the separation authority in support of this 
recommedation are atkcbed.  The commander exen:ising  SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you an: 
discharged, how your service will be charac-. 
If you are discharged, you will be ineligible 
for medkment in the Air Force and will probably be denied enlistment in auy component of the 
armed forces. 

3.  You have the right to comult counsel.  Military legal 
I have made an appointment for you to consult Capti .-.-... I ? extension 6-2 186, the ADC, at 

has been obtained to assist you. 

. - - - - - counsel 

- - , 

buildipg 1638 on 20 Apr 06 at 0945 hours.  You may consult civilian counsel at your own 
expense. 

1 

4,  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by, 25 Apr 06 unless you request and receive an 
extension for good cause shown.  I will send them to the @on 

mtboriity. 

5,  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. 

6.  You have been scheduled for a medical examination, You must report to the 82d Medical 
Group, Bldg 1200, Student Health, at 0900 on 7 Apr 06. 

7.  Any personal information you fur?lish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 363208, is available for your use in the 365 TRS Commander's Support Staff. 

8.  Execute thc attached acknowledgment and return it to me immediately. 

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

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

i --- 
$&on 

Attachments: 
1.  ~ 0 ~ 2 3 h 0 6  
2.  Response to LOR, 1 1 Apr 06 
3.  Letta of Rebuttal, 28 Mar 06 
4.  Response to Rebuttal, 29 Mar 06 
5.  LOR, 16Mar06 
6.  Memo, Mandatory Study, 8 Mar 06 
7.  , AF Fom. 174,14 Fob 06 
8.  'AF Reading Abilities Test, 6 Feb 06 
9.  AETC Fom' 125A, 5 Apr 06 
10. Student Training Report, 06003 
1 1. Lackland Form 205,22 Aug 05 
12. Ahban's Receipt to Notification ~morandum L J ~  

DEPARTMENT OF THE AIR FORCE 

N R  EDUCATIOI M D  T-Ma 

CO-I) 

MEMORANDUM FOR  782 TRGICC 

28 Apr 06 

FROM:  82 TRWIJA 
SUBJECT:  Legal Review, Recommendation for Discharge - A 1 C I - - - - - - - -_ - - - - - - -- - - ,, 

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

: 365 TRS 

1.  We have reviewed this discharge case file and find it legally sufficient.  We concur with the 
recommendation of the 365 TRSICCQ that AlC::::::::, 
: the respondent, should be discharged 
from the Air Force under honorable conditions (general) in accordance with AFI 36-3208, 
paragraph 5.49 (minor disciplinary infractions), without probation and rehabilitation (P&R). 

2.  Basis for Action:  On 20 Apr 06, the 365 TRSICCQ notified AIC[:::;:::- 
recommending the respondent be discharged from the Air Force due to his misconduct.  The 
preponderance of the evidence in the case file supports the squadron section commander's 
recommendation. 

ithat he was 

3.  Reasons for Discharge: 

a.  On 21 Mar 06, the respondent committed a direct safety violation by disconnecting a 
cannon plug with power applied to the trainer.  For this misconduct, he received a Letter of 
Reprimand (LOR) on 23 Mar 06. 

b.  Between 15 Mar 06 and 16 Mar 06, on divers occasions, the respondent failed to report to 

mandatory study.  For this misconduct, he received an LOR on 16 Mar 06. 

c.  Between 10 Feb 06 and 13 Feb 06, on divers occasions, the respondent disobeyed IawfUl 
orders from a noncommissioned officer (NCO).  For this misconduct, he received an AF Form 
174, Record of Individual Counseling, on 14 Feb 06. 

a.  The respondent is 21 years old, began his present enlistment on 5 Jul05, and was assigned 
to his unit on 2 Sep 05.  His ASVAB scores are as follows: A - 88, E - 94, G - 94 and M - 94. 
The respondent is entitled to wear the National Defense Service Medal, Global War on Terrorism 
Service Medal and Air Force Training Ribbon. 

b.  The respondent consulted counsel and submitted statements for your consideration.  In his 

personal statement, the respondent requests to stay in the Air Force and be reclassified into 
another career field.  He also submitted three character statements on his behalf. 

i%lr comrnunicalbn is privllegtd as arroney workp&r 

a d o r  at~ormpcIiunr commvnicarion or &protected by ano~herprlvilege 

mcognked under the law.  Do MI  dislrlbu~e, forward,  or releare wirho~r rha prior approval ofthe  sender or 82 TRWIJ.4. 

% 

c.  We note that there are two responses to the LOR dated 23 Mar 06.  This LOR was reissued 
on 1 1 Apr 06 because it initially was presented to the member by a person not authorized to do so 
under the policy letter on AETCI 36-2216 dated 26 Sep 05.  Both responses are now included in 
the discharge package.  The reissuance of the LOR does not affect the legal sufficiency of this 
discharge package. 

5.  O~tions: In accordance with AFI 36-3208, your options are to: 

a.  Direct A ~ C ;  

C --------- l 

i retention; 

b.  Suspend an under honorable conditions (general) discharge and grant P&R; 

c.  Direct an under honorable conditions (general) discharge without P&R; or 

d.  Recommend an honorable discharge.  If you determine an honorable discharge is 

appropriate, this file must be forwarded to 2 AF CC because only a General Court-Martial 
Convening Authority may approve an honorable discharge when the basis for discharge is 
misconduct ( M I  36-3208, paragraph 5.48.4). 

6.  Recommendation:  Direct om under honorable conditions (general) discharge without P&R. 

7.  If . you ..-.-....- 
c a ~ i -  

- - - - - - - - - - - i at 6-2442. 

have any questions regarding this matter, please contact me at 6-23 12, or 

Attachment: 
Case File 

C - . - . . . . - . - . . . . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

Staff Judge Advocate 

llds communtcarim b p r t v i k p d  ar altomy work product  o d o r  attorney-client corarwrication or Ir pmrectrd by  another privilege 

r e ~ g n l m d  under the law.  Da UOI dIrtrlbut~,fonvcvd, or releaw without the prior appmval ofthe ~ender or 82 TRWIJA.