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NAME OF SERVICE MEMBER (LAW, FIKSI' MIDD1,E INITIAL) 

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1 NAME OF COUNSEL AND OR ORGANIZATION 

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PERSONAL APPEARANCE 

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'OUNSEt 

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No 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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X  I  RECORDREVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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VOTE OF THE BOARD 
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lJOTHC 

0 I  I  IbIt 

I)tNY 

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'  1  I  ORDER APPOINTING  TI 1l-  HOARD 
2  1  APPL IC'A I'ION  bOli  REVIEW OF I)ISCIIAKCJE 
1  LETTER 0 1 :   NO'I~IFICATION 
3 
4  1  BRIEF OF PIZ,RSI)NNEL FILE 

COUNSEL'S  KF.l.tASE TO THE BOARD 
AI)UI'I.IONAI  EXHIBITS SUBMI.I"l'HD AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING  OF PERSONAL APPEARANCE  tlt: 

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IIEARINC DATE 

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1  08 Feb 2007 
1  Case heard  in  Washington, D.C. 

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1  FD-2006-0022 I 

APPI [CANT S ISSIIF 9ND TllE BOARD'S  DECISIONAL KA1 IONAI. ARE DISTlISSCD ON THE A r l  ACHt I) AIK TORCT. DlSCllARCiE REVIhW BOAKL) I>kCISIONAI  RATIONALE 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  counsel, and the right to subtnit an 
application to the AFBCMR 
1  Names and votes will be made available to the applicant at thc applicant's  request. 
*  Reason and Authority 
+  Iieenlistrnent Code 

SAFIMRBR 
550 c STREET WEST. SUII'I: 4'0 
RANDOI.PI I  AFB.  l X 781 50-4742 

SECRETARY OF  I'HK  AIR FORCE PERSONNRI. COIINCIL 
AIR FORCE DISCHAHGL REVIEW BOARD 
1535 COMMAND LIR. E l  WINC, 3RD FLOOR 
ANDREWS APH,  MD 20162.1002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

- 

AIR FORCE DJSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIIMBER 

FD-2006-00221 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority for the discharge, and to change the reenlistment codc. 

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 discharge. 

FINDINGS:  Upgrade of discharge, change ol'reason and authority for discharge, and changc of 
reenlistment code are denied. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review bc completed based on thc available service 
record.  He has expressed a desire for upgrade of his discharge to allow for reenlistment  into the armed 
forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received a Summary Court 
Martial, two Article  15's,  a Letter of Reprimand, two Records of lndividual Counseliilg and six AETC Form 
173's for misconduct.  Applicailt had a Summary Court Martial for being absent from his unit for three days 
without authority and derelict in the perl'ormance of duties by  failing to stay within 25 miles of Sheppard 
AFB.  He was punished with a forfeiture of $737.00 pay, 30 days of hard labor without confinement, and a 
reprimand.  He received his first Article  15 for failure to go to appointed place of duty, failure to adhere to 
the call to quarters and remain on Sheppard AFB, and making a false official statement.  He was punished 
with 30 days of extra duty and a reprimand.  The second Articlc  15 was for failurc to go to appointed place 
of duty.  For this misconduct, he forfeited $550.00 pay for two months, was restricted to Sheppard AFB for 
30 days, 30 days of extra duty, and a reprimand.  Applicant also was administratively  disciplined for failure 
to follow prescribed directions; dereliction of duty; failure to maintain appearance standards; sleeping in 
class; performing an unsafe act, violation of Phase I1 restrictions,  and failure to obey.  The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negative behavior. 
'The  Board concluded the inisconduct 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 

ANDREWS AFB,  MD 

(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 9 
Aug 02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason for 
Discharge. 

2 .  BACKGROUND : 

a. DOB: 29 Jul 82.  Enlmt Age: 19 1/12.  Disch Age: 20 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-57,  E-75,  G-70,  M-88. PAFSC: 2A615 - Aircraft Hydraulic Systems 
Helper. DAS: 26 Feb 02. 

b.  Prior Sv: (1) AFRes 30 Aug 01 -  01 Jan 02  (4 months 2 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 2 Jan 02 for 6 yrs. Svd: 00 Yrs 07 Mo 08 Das, of which 

AMS is 00 Yrs 07 Mos 04 Days  (exludes 4 days lost time). 

b.  Grade Status:  None. 

c.  Time Lost:  24 May 02 thru 7 May 02  (4 days). 

d.  Art 15's:  (1) 18 Jul 02, Sheppard AFB, TX -  Article 86.  You did, on 

or about 16 Jun 02 and on or about 17 Jun 02, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: Security Forces, 
building 2118.  Forfeiture of $550.00 pay per month for 
2 months, restriction to Sheppard AFB, Texas for 30 
days, 30 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

(2) 28 May 02, Sheppard AFB, TX -  Article 86.  You did, on 

or about 19 Apr 02, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
formation at building 1012.  Article 92.  You, who knew 
or should have known of your duties, between on or about 
3 May 02, and on or about 6 May 02, were derelict in the 
performance of those duties in that you willfully failed 
to adhere to the call to quarters and remain on Sheppard 
AFB, Texas, as it was your duty to do.  You, who knew or 
should have known of your duties, between on or about 19 
Apr 02 and on or about 21 Apr 02, were derelict in the 
performance of those duties in that you willfully failed 
to adhere to the call to quarters and remain on Sheppard 
AFB, Texas, as it was your duty to do.  Article 107. 

You did, on or about 22 Apr 02, with intent to deceive, 
sign an official statement, to wit: AF Form 1168, 
Statement of Suspect/Witness/Witness/Complaint  in 
reference to an incident between on or about 19 Apr 02 
and on or about 21 Apr 02, which statement was totally 
false, and was then known by you to be so false.  Thirty 
days extra duty and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: AETC 125A, 18 JUL  02 -  Disenrolled from training. 
AETC 173, 10 MAY 02 -  Failure to follow prescribed 

directions. 

AETC  173, 08 MAY 02 -  Dereliction of duty. 
RIC, 08 MAY 02 -  Failure to maintain appearance standards. 
AETC 173, 06 MAY 02 -  Sleeping in class. 
AETC 173, 02 MAY 02 -  Performing an unsafe act. 
AETC 173, 02 MAY 02 -  Safety violation. 
AETC 173, 10 APR  02 -  Sleeping in class. 
LOR, 08 APR 02 - Violation of Phase I1 restrictions. 
RIC, 21 MAR 02 -  Failure to obey, failure to maintain 

uniform within standards, and failure to 
stay awake in class. 

f.  CM:  Summary Court Martial  -  13 Jun 02 

CHARGE I:  Article 86. 

Specification:  Did, on or about 24 May 02, without authority, 
absent himself from his unit, to wit: 364 TRS, located at Sheppard 
AFB, Texas and did remain absent until on or about 26 May 02. 
Plea:  Guilty.  Finding:  Guilty. 

CHARGE 11:  Article 92. 

Specifiction:  Who knew or should have known of his duties at or 
near Sheppard AFB, Texas, on or about 1 Jun 02 and on or about 2 
Jun 02, was derelict in the performance of those duties in that he 
willfully failed to remain within 25 miles of Sheppard AFB, Texas, 
as it was his duty to do.  Sentence adjudged on 13 Jun 02: 
Forfeiture of $737.00 pay, 30 days hard labor without confinement, 
and a reprimand. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of S v :   TMS: (00) Yrs  (11) Mos  (06) Das 
TAMS:  (00) Yrs  (07) MOS  (04) Das 

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

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

for Discharge) 

Issue 1:  Upgrade reentry code from 2B to allow reentry to Army 

ATCH 
1. DD Form 149. 
2. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

FROM:  364 TRSICSS 

SUBJECT: Notification Memorandum 

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

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 16 Jun 02 and on or about, 17 Jun 02, 

without authority fail to go at the prescribed time to your appointed place of duty, to wit: 
Security Forces, building 2 1 18. For this misconduct you received Article 15 punishment on 18 
Jul02. 

b.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 1 Jun 02 and on or about 2 Jun 02, were derelict in the performance of those duties in that 
you willfully failed to remain within 25 miles of Sheppard AFB, as it was your duty to do. 

c.  You did, on or about 24 May 02, \-Githout authority, absent yourself fkom your unit, to wit: 

364 TRS, located at Sheppard AFB TX, and did remain so absent until on or about 26 May 02. 
For this misconduct and subparagraph "d" below, you were found guilty by a Summary Court- 
Martial on 13 Jun 02. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 10 May 02, were derelict in the performance of those duties in that you failed to have an 
instructor check your work, as it was your duty to do.  For this misconduct you received an 
AETC Form 173, Student Record of Academic/Nonacademic Counseling and Comments, on 10 
May 02. 
'  e.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 8 May 02, were derelict in the performance of those duties in that you wrote letters in class 
instead of taking notes, as it was your duty not to do.  For this misconduct you received an AETC 
Fom 173 on 8 May 02. 

f.  You did, at or near Sheppard AFB TX, on or about 8 May 02, violate a lawful general 

instruction, to wit: Al?I 36-2903, dated 8 Jun 98, Table 1.4, Line 1, by failing to shave.  For this 
misconduct you received an AF Form 174, Record of Individual Counseling, on 8 May 02. 

g.  You, who knew or sbould have known of your duties at or near Sheppard AFB TX, on or 
about 6 May 02, were derelict in the performance of those duties in that you failed to stay awake 
during class, as it was your duty to do.  For this misconduct you received an AETC Form 173 on 
6 May 02, 

h.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 

between on or about 3 May 02 and on or about 6 May 02, were derelict in the performance of 
those duties in that you willfully failed to adhere to the call to quarters and remain on Sheppard 
AFB TX, as it was your duty to do.  For this misconduct you subparagraphs "i" through "k" 
below, you received Article 15 punishment on 28 May 02. 

i.  You did, at or near Sheppard AFB TX, on or about 22 Apr 02, with intent to deceive, sign 
an official statement, to wit: Air Force Form 1168, Statement of SuspectlWiinesslComplaint in 
reference to an incident between on or about 19 Apr 02 and on or about 21 Apr 02, which 
statement was totally false, and was then known by you to be so false. 

j.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 

between on or about 19 Apr 02 and on or about 21 Apr 02, were derelict in the performance of 
those duties in that you willfully failed to adhere to the call to quarters and remain on Sheppard 
AFl3 TX, as it was your duty 

k.  You did, at or near Sheppard AFE3 TX, on or about 19 Apr 02, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit: formation at building 1012. 

1.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 2 May 02, were derelict in the performance of those duties in that you willfully performed 
an unsafe act on the hose testing machine, as it was your duty not to do.  For this misconduct you 
received an AETC Fonn 173, Student Record of Academic/Nonacadernic Counseling and 
Comments, on 2 May 02 

m.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 2 May 02, were derelict in the performance of those duties in that you failed to remove all 
jewelry in the hose fabrication and testing lab, as it was your duty to do.  For this misconduct you 
received an AETC Form 173 on 2 May 02. 

n.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 10 Apr 02, were derelict in the performance of those duties in that you failed to stay awake 
in class and lab, as it was y o u  duty to do.  For this misconduct you received an AETC Form 173 
on 10 Apr 02. 

o.  You did,  at or near Sheppard AFB TX, on or about 23 Mar 02, fail to go to your appointed 

place of duty at the prescribed time, to wit: 29B Pre-Departure Safety Briefing.  For this 
misconduct and subparagraphs 9" and "q" below, you received an LOR on 8 Apr 02. 

p.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 23 Mar 02, were derelict in the performance of those duties in that you failed to adhere to 
the daily call to quarters, as it was your duty to do. 

q.  You did, at or near Sheppard AFB TX, on or about 18 Mar 02, fail to go to your 

appointed place of duty at the prescribed time, to wit: phase up briefing. 

r.  You, who knew or should have known of your duties at or near Shegpaxd AFB TX, on or 
about 21 Mar 02, were derelict in the performance of those duties in that you failed to stay awake 
during class, as it was your duty to do.  For this misconduct and subparagraphs "s"  through "u'' 
below, you received an AF Form 174 on 21 Mar 02. 

s.  You did, at ox near Sheppard AFB TX, on or about 21 Mar 02, violate a lawful general 

instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 1.4, Line 1, fail to shave. 

t.  You did,  at or near Sheppard AFB TX, on or about 21 Mar 02, violate a lawful general 

instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 1.4, Line 3, fail to get a haircut. 

u.  You did, at or near Sheppard AFB TX, on or about 21 Mar 02, violate a lawful general 

instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 1, fail to have your uniform up 
to Air Force standards. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or 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 reenlistment in the Air Force and will probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
3---------- 
---------- j Area Defense Counsel, at building 
I have made an appointment for you to consult Ca~t. 
1638, on 7 Aup. 02 at 

hours.  You may consult civilian counsel at your own expense. 

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 9 AUP; 02 unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or to submit statements in your 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, Physical Examinations, at 1530 on 23 Jul02. 

7.  Any personal information you W s h  in rebuttal is covered by the Privacy Act of 1974.  A 
Copy of AFI  36-3208, is available for you. use in the Commandds Support Staff Office. 

8.  Execute the attached ackuowledgment and return it to me immediately. 

Attachments:  (listed on next page) 

..................................................... 
Squadron Section Commander 

1 18 Jun 02 

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: C, 18 JunO2 
j 18 Jun 02 

Attachments: 
1.  AF Forrn 3070,18 Jul02 
...- .... Jul02 
2.  Response to Article 15,ll 
3.  AF Form 1168, SSgt i -.-..-.-. 
4,  Al? Form 1 168, MSgt i 
5.  364 TRS Missing ~~-on'&bckList, 17 Jun 02 
6.  AF Form 1168, SS@b,.i 17 Jun 02 
: 17 Jun 02 
7.  AFForrn 1 1 6 8 , ~ ~ [ - * _ , - -  
8.  AF Form 1168, A1C i 
9.  DD Farm 490,-13 ~&'02;i;l~rticle 64(a),  27 Jun 02 
10, AF Form 1359,13 Jun 02 
1 1, DD Form 458,7 Jun 02 
12. DD Form 2329,13 Jun 02 
13. AF Form 2098,13 Jun 02 
14. Al? Form 2098,13 Jun 02 
15, AETC Form 173,lO May 02 
16. AETC Fonn 173,8 May 02 
17. AF Form 174,8 May 02 
18. AETC Form 173,6 May 02 
19. AF Form 3070,28 May 02 
20. Response to Article 15,21 -May 02 
: 3 May 02 
21. AFForm 1168, SSgti 
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22. AFForm 1168, AB: - - - - - - r -  ; 9 May 02 
23. AF Form 1168, ABi ----- j 6 May 02 
----- j2May02 
24.AFFom 1 1 6 8 , ~ ~ ;  
25.364 TRS Missing Person ,-....-..- 
26. AF Form 1168, MSgt; .,==-.-.., 
27. AF Form 1168, A B ~  ..-.. 22 Apr 02 
28. AF Fonn 1168, AB [ ----- j,  22 Apr 02 
29. AETC Form 173,2 May 02 
30. AETC Forrn 173,2 May 02 
31. AETC Form 173,lO Apr 02 
32. LOR, 8 Apr 02 
33. AF Form 174,2 1 Mar 02 
34. AETC Form 1254 18 Jul02 
35. Student Training Report, 0202 1 
36. LAFB Form 205,14 Feb 02 
37. Airman's Receipt to Notification 

Checklist, 22 Apr 02 

: 22 Apr 02