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AF | DRB | CY2007 | FD2006-00217
Original file (FD2006-00217.pdf) Auto-classification: Denied
1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRSI' MIDDLE INITIAL) 
m..................................... 
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TYPE  GEN 

PERSONAL APPEARANCE 

*couNS~e~' 

] NAME OF COUNSEL AND OR ORGANILATION 

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I  RECORDREVIEW 

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AOI)HESS AND OR OIIGANILATION OF COLINSEL 

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MEMBER SITTING 

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vaTuaP THE B O A ~  
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ISSUES 

A94.05 

INDEX NUMBER 

A67.10 

CASE NllhlBER 

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, l$XHIBITS SUBMITTED TO THE BOARD 

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ORDER APl'OlNTlNG  THF: HOARD 
AI'PI,ICATION  FOI< REVIEW OF DISC1 IARGE 
LETTER OF NO'I'IFICATION 
BRIEF OF PERSONNEI  FILE 
COUNSEI 'S  RELEASE TO TlIE BOARD 
AIIDITIONAL EXIIIHITS SUBMIT'ltl) AT TIME OF 
PERSONAL APPEARANCb 

I  TAPE RECORDING OF PERSONAL APPEARANCt HE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to subnlit an 
application to the AFBCMR 

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

SAFlMRBK 
5 5 0  C STREET WEST, SUITE 40 
RANDOLPH AFH, TX 781 50-4742 

AIR FORCE DISCIIARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WINC,3RD FLOOR 
ANDRKwS  AFB, MD 20762.71102 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will  be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00217 

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 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 discliarge. 

FINDINGS:  Upgrade of discharge, change of 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 the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSLIE: 

Applicant contends discharge was inequitable  because it was too harsh and he was under emotional stress 
from home and work.  He has expressed a desire for upgrade of his discharge to allow for reenlistment in thc 
armed forces.  The records indicated the applicant received an Article  15, a Vacation, and two Letters of 
Reprimand, and a Memorandum for Record for misconduct.  Applicant received an Article  15 for failure to 
go to appointed place of duty by not participating  in an Exercise Evaluation scenario and failure to shave 
before reporting for duty.  1 Ie was punished with a reduction in grade to Airman First Class, forfeiture of 
pay, restriction to base,  14 days extra duty (suspended) and a reprimand.  He received a Vacation action for 
failing to maintain his dormitory room to standards.  He received  14 days of extra duty.  Applicant had 
additional misconduct and was administratively disciplined for failure to go, failure to obey a lawful order 
and being insubordinate towards an NCO.  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 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 

AMIREWS AFB, MD 

(Former AlC)  (HGH SRA) 

1.  MATTER ITNDER REVIEW:  Appl recld a GEN Disch fr USAF Elmendorf AFB, AK on 27 
Jun 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Jan 85.  Enlmt Age: 17 6/12.  Disch Age: 20 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-91,  E-83,  G-80,  M-81. PAFSC: 1C331 -  Command Post Apprentice. 
DAS: 26 Mar 04. 

b.  Prior Sv:  (1) AFRes 29 Jul 02 -  11 Oct 02  (2 months 13 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Oct 02 for 6 yrs. Svd: 02 Yrs 08 Mo 16 Das, all AMS. 

b,  Grade Status:  A1C -  18 Apr 05  (Article 15, 18 Apr 05) 

SrA -  22 Mar 05 
A1C -  22 NOV 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 May 05, Vacation, Elmendorf AFB, AK -  Article 92. 

You, who knew your duties, on or about 11 May 05, were 
derelict in the performance of those duties in that you 
willfully failed to maintain your dorm room to dormitory 
standards, as it was your duty to do.  Fourteen days 
extra duty.  (No appeal)  (No mitigation) 

(2) 18 Apr 05, Elmendorf AFB, AK -  Article 86.  You, did, 
on or about 3 Apr 05, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit:  3rd Wing Command Post, 11550 Heritage Circle, 
Elmendorf AFB, Alaska.  Article 91.  You, having 
received a lawful order from TSgt: ............................ 
noncommissioned officer, then known by you to be a 
noncommissioned officer, to participate in an Exercise 
Evaluation scenario, an order which it was your duty to 
obey, did on or about 6 Apr 05, willfully disobey the 
same.  Article 92.  You, who should have known of your 
duties, on or about 3 Apr 05, were derelict in the 
performance of those duties in that you negligently 
failed to shave prior to reporting for work, as it was 
your duty to do.  Reduction to AlC, forfeiture of 
$361.00 pay, and restriction to the limits of Elmendorf 

!I  a 

AFB, Alaska.  Fourteen days extra duty  (suspended) . 
Reprimand. (No appeal) (No mitigation) 

e.  Additional: MFR, 11 APR  05 -  Insubordinate conduct towards an NCO. 

LOR, 23 MAR 05 -  Failure to go, failure to obey a lawful 
order, and failure to maintain uniform. 

LOR, 21 MAR 05 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 11 Oct 02 -  31 Aug 04  Elmendorf AFB  4  (Initial) 

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

i.  Stmt of Sv:  TMS: (02) Yrs  (10) Mos  (29) Das 
TAMS:  (02) Yrs  (08) Mos  (16) Das 

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

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
I. Applicant's Issues. 
2. Birth Certificate. 
3. DD Form 214  (Members I &  4). 

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1 NAVY 

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I  COAST GUARD 
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AIR  FORCE 

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APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

{Please reed instructions on Pages 3 8nd 4 BEFORE completing this app1ication.I 

Form Approved 
OMB  NO. 0704-0004 
Expires Aug 3 1,  2006 

The  public rrportlnp burdon for this coihofion of  Inrormafion Is WkruNd l o  avrrrg*  30 mlnutma p n  rorponw, Including lhr Umm  tor  rrviowing innructwns. #marching mxirting drtm aourcms, 
omthoring and mrintalning thr bn ruodrd, and camplrting and mlowing thm  cdhetion of intomalion.  Sond commmntn wgrrdinp thla burdon ottim~lo of  m y  other mspect  of cMs collsetion 
of  informarion, including suwortions tor foducinn tho burdmn. to tho DopmNnont of Drtmsm.  Errcutiva Srrvicrr m d  Communications Diroctorrto 1070ePOW1. Rorpondonta should ba .warn 
that nolwilhs1mndn@ mnv  othar proviaion of law,  no pmfaon rhrll be subi*ct  to mv ponmhv for fr~ling lo comply with r colloctlon of infomalion it k h a  not  bsplmv n  currently valid OMB 
wntrol  numbor.  PLEASE DO  NOT  REfURN YOUR  FORM TO  THE  ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE APPROPRIATE ADDRESS ON 
BACK OF THlS PAGE. 

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PRIVACY ACT STATEMENT 

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AUTHORITY:  1 0  U.S.C.  1563: E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply  for a change in the characterization or reason for  military discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The oerson whose discharae is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
m.  BRANCH OF SERVICE  IX  onel  1 
b.  Y M t E  ~ ~ ~ u ~ s t .  
2- DKTE w MBEALH~E-O~ BE FA^^ i67.i: - D ~
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I ~ C B E R A V U N D E I  HONORABLE CONDITIONS 
I UNDER OTHER THAN HONORABLE CONDrtlONS 
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3.  UNIT AND LOCATION AT DISCHARGE  I 
1  BAD CONDUCT  ~ ~ p e c a / c o u r t - m u r r ~ / o d y ~  
UNCHARACTERIZED 

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M one) i 6: WN REQUES&  M onel 
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(  MARINE  CORPS 
MiM..utM..  -. . . . -. -. . -. -. . -. -. . . . -. 

CHANGE TO HONORABLE 
CHANGE TO GENERALIUNOER 
Y ~ w ~ - A -  c ~ n ~ l h l ~ l r \ ~ *  
I "VI.V"-Y.li 

IYYYYMMDD) Ilf dare is rrmre then  16 years  , 
ago,  submit a OD Form 1491 

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OR  SEPARATION 

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CHANGE TO UNCHARACTERIZED 
/Not eodicable for &r Force1 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

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7 .  /X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDOI 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE, 

8.  IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING ATTACHED DOCUMENT$ ARE SUBMITTED AS EVIDENCE:  /Continue m item 17. 

If mrlitary documenrs or med~cal records are relevant  to your case,  please send copies.) 

9.  TYPE OF REVIEW REQUESTED (X one) 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASE0 ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR Icounsel/represenrarlvel WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR  Icounsel/represenlerve  WISH TO APEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  'METROWLITAN  AREA. 
.~~ 
I  AND/OR Icounsel/representerivel WISH TO APF€AR  AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PAWL CLOSEST TO 
/NOTE:  The Navy Discharge Review B m r d  does not have a rraveling psnel.) 
lenter ciry end atatel 

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10.a. COUNSELIREPRESENTATIVE llf any) NAME {last,  Firsr,  ~ i n '

t

/See ltem 10 o f  the insmrcrions about counsel/replesentat~ve.l 

AND ADDRESS  I b.  TELEPHONE NUMBER Ilnclude Area Code) 
i a ~  

c.  E-MAIL 

d.  FAX NUMBER Ilnclude Area Code) 

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11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record In question Is that of a deceased or incompetent person. LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application ia signed by other than the applicant, indicate 
the name /print) 
SPOUSE 

and relationship by marklng a box below. 
LEGAL REPRESENTATIVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

(Forward notKlc~rion of any changein address.) 

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b.  TELEPHONE NUMBER (Include Area Codel 

8.  E-MAIL 

d.  FAX NUMBER Ilnclude Aree Codel 

13.  CERTIFICATION.  I make the foregoing statements,  a8 part of my cldm,  with full knowled~s of the 
pendtiei involved for willfully maklng sfelre statement or claim.  (U.S. Code,  Title  18, Sectmns 287 
and  1001, provide rhar  an individual shall be fined under this title or imprisoned not more rhan 5 years, 
or both.) 

a.  S1GYATlIR.E.  A E m U m % a n t   qr person In Item 1 1 above1 

b.  DATE SIGNED  - REQUIRED 

IYYYYMMDDI 

DD FORM 293, MAR 2004 

=/6s%30 
PREVIOUS EDITIONS ARE OBSOLETE. 

CASE NUMBER 

(Do not  write in this space.) 

~b &OobQ 021 7 
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Page  1 of 4 Pages 

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15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis,  MO  63132-5200 
(See http:Ilarba.army.pentagon.rnil) 

AIR  FORCE 

Air  Force Review Boards Agancy 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB, TX  78 150-4742 

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NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 INDAB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S, Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W. Room 5500 
Washington, DC  20593 

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DD FORM 293, MAR 2004 

Page 2 of 4 Pages 

DEPARTMFNI' OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR A1 Ci 

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3UN  8 m  

FROM:  3 MSSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically, 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 a general discharge, 

2.  My reasons for this action are: 

a.  On  11 May 05, you failed to maintain your dorm room within standards. For this 

offense, you received a vacation of previously suspended punishment, under Article 15, 
dated 20 May 05, consisting of 14 days extra duty.  (Atch 1) 

b.  On 3 Apr 05, you failed to go at the time prescribed to your appointed place of duty.  On 

or about 6 Apr 05, you willfully disobeyed a lawful order from a noncommissioned 
officer.  On 3 Apr 05, you negligently failed to shave prior to reporting for work.  For 
these offenses, you received nonjudicial punishment, under Article 15, dated 18 Apr 05, 
consisting of a reduction to the rank of airman first class, forfeiture of $361 .OO  pay, 
restriction to the limits of Elmendorf AFB for 14 days and 14 days extra duty suspended, 
This action established an Unfavorable Information File (UP). (Atch 2) 

c.  On 22 Mar 05, you failed to report to your appointed place of duty at the time prescribed. 

On 22 Mar 05, you failed to maintain your uniform IAW AFI 36-2903, Dress and 
Appearance.  For these offenses, you received a Letter of Reprimand, dated 23 Mar 05. 
(Atch 3) 

d.  On 21 Mar 05, you failed to report for your end-of-course testing and failed to report on 

time to your appointed place of duty.  For these offenses, you received a Letter of 
Reprimand, dated 2 1 Mar 05.  (Atch 4) 

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 are 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 legal counsel.  Military legal counsel bas been obtained to assist 
,...-..-.." 
you,  I have made an appointment for you to consult Capt -----------,, 
Room 330 on  % J o n   4 s  
expense. 

: 552-3887, at Bldg 10480, 
, You may consult civilian counsel at your own 

at  / 0 3 6  

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown,  I will forward any statements 
you provide 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 medical examinations.  YOU must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at  &/C 
for your first exam, at which time you will be notified of the time for your second exam.  Bring 
Medical Assessment Letter (DD Fonn 2697).  You are to refrain from alcohol for 72 hours, and 
refrain from the use of tobacco products for-6 hours, prior to examination. Bring eyeglasses (and 
contact solution if using contacts) if applicable.  You must be in uniform for these examinations, 

on  9 Jun  d s  

.  . 

8,  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
d S  . You have also been scheduled 
the Family Support Center at  r 430  on  7 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85 17 
on  l Jrr  n  4 s   . You must be in uniform for 
(People Center), Room 247 at  13&0 
all appointments. 

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 your Squadron Orderly Room. 

Commander 

Attachments: 
1.  AF Form 366 (Vacation Action), dtd 20 May 05 
2.  AF Form 3070 (Article 1 S), dtd 18 Apr 05 
3.  Letter of Reprimand, dtd 23 Mar 05 
4.  Letter of Reprimand, dtd 2 1 Mar 05 



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    .----------------------------------------------------------------------------------------------------- TO: SAFIMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 781 50-4742 lNDORSERlENT 1 FROM: DATE: 11/17/2006 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 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 w i l l be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE...