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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRSI' MIDDLE INITIAL)
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TYPE GEN
PERSONAL APPEARANCE
*couNS~e~'
] NAME OF COUNSEL AND OR ORGANILATION
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AOI)HESS AND OR OIIGANILATION OF COLINSEL
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MEMBER SITTING
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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
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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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t Y N u ~ .
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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~ E E ~ E C E I V E D
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I ARMY I
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.
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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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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
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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
AF | DRB | CY2006 | FD2006-00337
3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00337 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. The applicant's discharge characterization should be changed to Honorable and the reason and authority changed to Expiration of Term of Service under AFI 36-3208, para. Any...
AF | DRB | CY2005 | FD2005-00233
The records indicated the applicant received an Article 15 for failure to go at the time prescribed to his appointed place of duty and for bcing disrespectful in language to an NCO, a Vacation of Suspended Reduction in Grade for i'ailure io go at the lime prescribed lo his appointed place of duty, a Letter of Reprimand for lying to his OIC, 21nd two Letters of Counseling, one for failure to go and one for failing to report to work as scheduled. I n ~ i e w 01' the foregoing findings the...
AF | DRB | CY2007 | FD2006-00285
.3RD FLOOR ANDXEWS AFB, MD 20762-IOU2 I (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE VASE NLIMBER FD-2006-00285 GENERAL: The applicant appeals for upgrade of discharge to honorable. Applicant's Issues. On or about 19 Dec 03, you failed to report to your appointed place of duty on time, as evidenced by Written Counseling, dated 19 Dec 03, (Atch j) k. On or about 6 Dec 04, you failed to report to your appointed place of duty on time,...
AF | DRB | CY2006 | FD2005-00207
In addition, he also received two Letters of Reprimand, two Letters of Counseling, and an Unfavorable Information File for dereliction of duty, failed to attend M-16 training twice, and failed to bring personal training gear to work as ordered. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to receive future educational entitlements. For y o u misconduct you received a Letter...
AF | DRB | CY2006 | FD2006-00169
See attached cy of Examiner's Brief dtd 20 Jul 05. b. For your misconduct you received a Letter of Reprimand (LOR), dated 8 Mar 04 (Attachment 3). For your misconduct you received an LOC, dated 21 Apr 04 (Attachment 4).
AF | DRB | CY2007 | FD2006-00255
You, who knew or should have known of your duties, on or about 20 Jul 03, were derelict in the performance of those duties in that you willfully failed to refrain from consuming alcoholic beverages while under the age of 21 years, as it was your duty to do. For this failure to inform your superiors of the damage, you received an AF Form 174, Record of Individual Counseling, dated 27 Aug 02 (Attachment 9). For this dereliction of duty, you received an AF Form 174, Record of Individual...
AF | DRB | CY2006 | FD2005-00421
The basis for her discharge action was an Article 15 for wrongful use of a schedule 111 controlled substance, Vicodin. The characterization of the discharge received by the applicant was found to be appropriate. You have been scheduled for medical examinations.
AF | DRB | CY2006 | FD2005-00367
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ISSUES AO1.OO A95.00 INDEX NUMBER A61.00 HEARING DATE CASE NUMBEK 07 Jul2006 z m & n ~ ~ ~ I FD-2005-00367 ~ D I S ~ A T Case heard at Washington, D.C. X X 1 2 3 4 EXHIBITS SUBMITTED TO TIIE BOARD ORDER APPOINTING THE HOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF 01: PERSONNEL FILE COIINSt1,'S KhLEASE TO THE BOARD ADDITIONAL EXHIBITS SURMITTFD A T TIMF OF PERSONAL, APPEARANCE TAPE RECORDING OF PERSONAI. SAFIMRRR 550 C...
AF | DRB | CY2005 | FD2005-00227
Since the applicant did receive an Honorable discharge, the Board encourages the applicant to reapply for her GI Bill benefits and show the VA that-her reason and authority for discharge were for failure to pass her CDC. Though not used as a basis for your discharge, the following actions will be reviewed by the sep'aration authority: :. Although the LOR states the action was taken for the second CDC failure, it is obvious due to the date of the LOR the action was taken for the first...
AF | DRB | CY2006 | FD2006-00189
.----------------------------------------------------------------------------------------------------- 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...