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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

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PERSONAL APPEARANCE 

N 4 M E  OFCOLINSEL  AND OK OHGANIZATION 

- ,  , , 
TYPE  GEN 
, ,  , , , , , Coy*8EL 

YES 

No 

X 

RECORD REVIEW 

X 
AI)I)YESS  4ND OR ORCANIL4 I ION OI COlJNSEL 

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MEMBER SITTING 

~  . .. 

HON 

I 

- ,  
GL-N 

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VOTE OF THE BOARD 

~ J O T H C  1 

~ T H E R - I D E N Y   , 

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ISSIIES 
A93.01 
A94.05 

INDEX NIIMRER 

A67.10 

1 
2 
3 
4 

ORDER APPOINTING T H E  BOARD 
AI'I'LICATION  FOR  REVIEW O F  DISC1 IAIl'iE 
I.ETTER O F  NOT11:ICA'I'ION 
HRIEb Ot  PERSONNlil  Fi1.E 
C:OIJNSEl.'S  REI,EASIi  TO -1.l  I
ADDITIONA~: I.:XI IIHI L'S  S ~ J B M I T ~ ~ : ~ )  
I'ERSONAL  /~PI'I:ARANCE 

 BOARD 
A  I 

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t

'TIME O F  

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IIEARING DATE 

1 
1  22 Feb 2007 
APPifi*ANTT dI$&UB hhiD THE BOARD'S  DECISIONAL RATI~NAL Am  UlsCUSSED ON  THE ATTACtiHJ AIR FORCE D I S C ~ R ~ E  m & W  BOARD DECISIONAL WON.4LE 

I  FD-2006-00238 

1 

I 

I  TAPE RECOKIIINCi  O F  PERSONAI, APPEARANCE HE 

Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without 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 
-t Iieenlistment Code 

I  "  550 C STREET WEST.  SUITE 40 

RANDOLPH AFH, 'I'X  781 50-4742 

SAFIMRBR 

1  FROM 

S E c R t l 4 R ,   O t   I H F A I R  FORCE PtRbO\\kI  COI \CIL 
AIR  TOR(  E DISCHtHGb  KF\ I E U  DO\RD 
1535COMV\\D  DH. t t  \\I%. 
ANDREWS AYH, MI) 111762-7002 

I R D  FLOOH 

AFNQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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1 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE Nl IIVBER 

F

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GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  thc  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 declincd to 
exercise this right. 

The attached brief contains available pertinent data OII  the applicant and the factors leading to the dischargc. 

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

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

ISSUES: 

Issue 1.  Applicant contends discharge was incquitable becausc it was too harsh.  The records indicated thc 
applicant received five Letters of Reprimand for misconduct.  'The  misconduct included failure to obey an 
order, dcreliction of duty, lying, underagc drinking and braking phase. The DKB opined that through these 
administrative actions, the applicant had ainple 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. 

Issue 2. Applicant contcnds that he should not be penalized indefinitely for mistakes he made when young. 
The DRR recognized the applicant was 19 years ol'age when the discharge took place.  However, there is no 
evidence he was immature or did not know right fi-om wrong.  The DRB concluded that the characterization 
of the applicant's  dischargc was appropriate due to the n~isconduct. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discliarge regulation  and  was  within  the  discretion  ol' the 
discharge authority and that the applicant was provided f ~ ~ l l  

administrative due process. 

In view of the foregoing findings the Board further concludcs 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 

M D R E W S  APB, W3 

(Former AlC)  (HGH  A1C) 

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1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Lackland AFB, TX on 22 
Nov 02 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: 9 Feb 83.  Enlmt Age:  18 0/12.  Disch Age:  19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-70,  G-82,  M-73. PAFSC: 2T231E - Air Transportation 
Apprentice.  DAS: 20 Aug 02. 

b.  Prior Sv: (1) AFRes 10 Feb 01 -  02 Oct 01 (7 mos 23 days)(Inactive)* 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 03 Oct 01 for 6 years. Svd: 01 Yrs 01 Mo 20 Das, all 

AMS . 

b.  Grade Status:  A1C  -  16 Nov 01 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 18 OCT 02 -  Failure to Obey Order or Regulation. 

LOR, 16 OCT 02 -  Dereliction of Duty, and lying. 
LOR, 08 OCT 02 -  Failure to Obey Order or Regulation. 
LOR, 07 AUG  02 -  Failure to Obey Order or Regulation. 
LOR, 04 MAR 02 -  Underage drinking and breaking phase. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (01) Yrs  (09) Mos  (13) Das 
TAMS:  (01) Yrs  (01) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jun 06. 

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

Discharge.) 

Issue 1:  I'm trying to get in the Reserves.  SSgt Lambrecht stated that I 

needed to get the characterization  and the re-entry code upgraded to start the 

re-entry process.  I would  like to be  given the change to finish what  I started. 
I have grown since then in knowledge and would like the chance to re-enter. 

ATCH 
1.  D D F o r m 1 4 9 .  

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

2 4 OCT  2002 

MEMORANDUM FOR A ~ C !  

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

FROM:  345 TRSLDOM 

SUB SECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The basis for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.49.  If my 
recommendation is approved, your service could be characterized as Honorable or as Under 
Honorable Conditions (General) Discharge.  I am recommending your service be characterized as 
General. 

2.  My reasons for this action are: 

a,  On 23 Feb 02, you disobeyed a lawful order by drinking alcohol while under legal age in 
the area of the dormitory, in violation of Article 92, Uniform Code of Military Justice (UCMJ), 
As a result, you received a Letter of Reprimand dated 4 Mar 02. 

b.  On 2 Aug 02, you disobeyed a lawful order by driving your private automobile during the 

duty day and while in Phase 1, in violation of Article 92, UCNIJ.  As a result, you received a 
Letter of Reprimand dated 7 Aug 02. 

c.  On 8 Oct 02, you were derelict in the performance of your duties by leaving your detail 

without authority from a military training leader for a period of four hours, in violation of Article 
92, UCMJ.  As a result, you received a Letter of Reprimand dated 8 Oct 02. 

d.  On 4 Jul02, you were derelict in the performance of your duties by traveling outside the 
allotted 300 mile range restriction placed on you while in Phase IV. In addition, you lied about 
where you had gone when questioned by two commissioned officers and a noncommissioned 
officer.  Both are in violation of Articles 92 and 134, UCMJ, respectively.  As a result, you 
received a Letter of Reprimand dated 16 Oct 02. 

e.  On 15, 16, 17, and 18 Oct 02, you failed to obey a lawfil order by failing to sign in, in 

violation of Article 92, UCMJ.  As a result, you received a Letter of Reprimand dated 18 Oct 02. 

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 will be discharged or retained in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel can be obtained to assist you. 
An appointment can  e made for you to meet with the Area Defense Counsel (ADC) at Bldg 
1000 on  2% oc%  at  0 $&'O  , You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf  Any statement  you want the 
separation authority to consider must reach me by (3 workdays)  3/ 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

unless you 

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 a medical examination.  You must report to Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 hours with your medical, immunization, and dental 
records for the examination. 

8.  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 in the Unit Personnel Office. 

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

r . . - . . - . . - . . . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

Commander, Military Training Flight 

5 Attachments: 
1.  Letter of Reprimand dated 4 Mar 02 w/atch 
2.  Letter of Reprimand dated 7 Aug 02 w/atch 
3.  Letter of Reprimand dated 8 Oct 02 wlatch 
4.  Letter of Reprimand dated 16 Oct 02 w/atchs 
5.  Letter of Reprimand dated 18 Oct 02 wlatch