I 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDD1,E INITIAL) 
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AIR FORCE I>ISC:HARCE REVIEW BOARD HKARINC;  RECORD 

1  GRADE 

AIC 

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'fYPE  GEN 

PERSONAL APPEARANCE 

('(IUNSEL 

NAME OF COUNSEL AND OR ORGANIZATION 

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RECORD REVIEW 

AI)IIAESS.4ND OR ORGANIZATION OF COUNSEL. 

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ISSUES 

A92.01 
A94.05 
A92.05 

INDEk NUMBER 

A67.10 

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2 
3 
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- 

EXHIBWS SUBMITTED TO ' W E  BOARD 

ORI3EK APPOINTFNG THE BOARD 
APPLICA I  ION  FOR  REVIEW OF LIISCHARGE 
LETTER OF NOTIFICATION 
BRlEIi OF PERSONNEL FILE 
COIJNSEL'S  RELLASE M THE B O A W  
ADDITIONAL EXlllBlTS SUBMII  I  t.1) AT TIME OF 
PCRSONAI  APPEARANCE 

TAPE UCORDING OF PERSONAL API'FARANCE  HE 

-- 

I  IIEARING DATE 
1  22 Feb 2007 

1  CASENUMBEX 
I  FD-2006-00240 

I 

1 

1 

I 

I 

APPLICANT'S IDSUE AND THE BOARD'S DECISIONAL RATTONIL A M  QISCUSSED ONTllE 4TTActlED AlR FORCE DISCHAROE ~EUiew BOARD DECISIONAI. RATIONALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the riglit to a personal appearance with/witI~out counsel, and the right to s ~ ~ b ~ n i l  
application to the A F B C M R .  

a l l  

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

1 
I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RAND01 I'I 

I  Ak H, l X  781 50-4742 

SECRETAR\  O t  THC AIR bOHCF PERSONYEL COUNCII 
AIH FORCF DISCIIARCE REVIEW BOAHll 
1515COMMAND DR, BE WINC.3RD t 1 . 0 0 ~  
ANDREW% AFB, M D  20762-In02 

AFHQ FORM 0-2077, JAN  00 

I 

(EF-V2) 

Previous edition will  bc used 

.-- 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISlONAL RATIONALE 

CASE NllMHEH 

FD-2006-00240 

GENERAL:  The applicant appeals for upgrade of  discharge to  honorable  and to  change the  reenlistment 
code. 

The applicant was offered a personal appearance before the Discharge Kcview 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 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. 

ISSUES: 
Issue  1.  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated  the 
applicant received two Article  15s, four Letters of Reprimand, and one Record of Individual Counseling for 
misconduct. 
'The  misconduct  included  making  a  false  official  statement,  failure  to  secure  personal 
equipment, late for duty, dereliction of duty. failure to go, and making a false official statement.  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. 

Issue  2.  Applicant  states that  his  discharge did  not  take  into account  the  good  things he  did  while  in the 
service. The DRB took note of the applicant's duty performance  as documented by  his performance reports. 
letters  of recoininendatio~~ and  other  inforlnatioil  submitted by  the  applicant and  contained  in  the  records. 
They  found  the  seriousness  of  the  willf~~l misconduct  offset  any  positive  aspects  of  the  applicant's  duty 
performance.  The Board coilcluded the discharge was appropriate  for the reasons  which  were the basis for 
this case. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Little Rock AFB, AR on 9 
Dec 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 17 May 82.  Enlmt Age: 20 2/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-80,  E-81,  G-68,  M-66, PAFSC: 2A551J - Aerospace Maintenance 
Journeyman. DAS: 25 Apr 03. 

b.  Prior Sv: (1) AFRes 30 Jul 02 -  02 Sep 02  (1 month 3 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Sep 02 for 6 yrs. Svd: 03 Yrs 03 Mo 07 Das, all AMS. 

b,  Grade Status:  A1C -  8 Nov 05  (Article 15, 8 Nov 05) 

SrA -  18 Feb 05 
A1C -  18 Oct 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 8 Nov 05, Little Rock AFB, AR  -  Article 86.  You, did, 
on or about 27 Oct 05, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: building 250.  Reduction to AlC. (No appeal)  (No 
mitigation) 

(2) 31 Oct 03, Little Rock AFB, AR  -  Article 86.  You, did, 
on or about 19 Sep 03 and on or about 22 Sep 03, without 
authority, go from your appointed place of duty, to wit: 
hanger 250.  You, did, on or about 1 Oct 03, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: hanger 250 immediately 
after you had been released from your appointment at 
approximately 1015 hours.  Article 107.  You, did, on or 
about 1 Oct 03, with intent to deceive, sign an official 
document, to wit: an AF Form 1168, Statement of 
Suspect/Witness/~omplainant, which document was false in 
that your appointment with the Office of Special 
Investigations on 1 Oct 03 ended at approximately 1015 
hours, not at 1215 hours, and was then known by you to 
be so false.  Suspended reduction to Airman.  Fourteen 
days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 21 SEP 05 -  Failure to go. 

LOR, 29 DEC 04 -  Dereliction of duty. 
LOR, 16 OCT 03 -  Late for duty. 
RIC, 13 AUG 03 -  Failure to secure personal equipment. 
LOR, 15 SOL  03 -  False official statement. 

f.  CM:  None. 

g.  Record of SV: 03 Sep 02 -  02 May 04  Little Rock AFB  2  (1nitial)REF 

03 May 04 -  02 May 05  Little Rock AFB  3  (Annual) 

h.  Awards &  Decs:  GWOTSM, AFTR, NDSM, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (10) Das 
TAMS: (03) Yrs  (03) Mos  (07) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jun 06. 

(Change Discharge to Honorable, and Change the RE Code) 

ISSUES  ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Letter of Commendation. 
3. Honorable Mentions. 
4. Character References. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 
read in~tructions on Psgw 3 and 4 BENlRE comphting this upplicmtion.l 

(&so 

I  Form Appravad 
OMB No. 07040001 
I wru Aug 31,2006 

I 

publlc rapenin9 burdm for thh wllmctlon of  InforrrwUm b wtlmmtd to mvrrrga 30 mkwnn p r  mparmr, Lncludl~ tho Umb tot rbvhwitw M o w ,

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oattmflw d m.lnr.ldw tho data ndd, n d  compWlrp d rwkwlrm tha colkctlon ot  Wormation. Swd commntl twordlng thh burdm r t i m a u  or n v  mhr r p w t  of thir  wlloetion ot 
~dorrrutlon, includi~ w o o t l o n  for Rdudrq thb kvdn to D.puwnm of Wwua, Wrklnglm Hoodquuun Smieu. Dlnctwbtm tor Infomotion Oprbeorr n d  R o p W  10704400*l, 
121 6 JoHarbm Dwh HLghwav.  Sdta 1204. Mington, VA  22202-4302.  Rrpondonta &odd  b. o w r e  the nbtwithr4na mnv  othw provialen of law,  no -on  mhJI  k w e t  to m y  
pnatty lor f l l h g  t o  comply rrlth a cOllO~tlon of lnformatlm if k d m  not dleplq l currently vdld OM8 comrol nvnba. 
W S I !  M NOT R M N  VOUU 

TO TW AWM AWIIEU.  eVrUMl COMUEIm 

ON BACM ff lrHI FAOL. 

TO TIK ArmOmATL 

PWVACY ACT STATEMENT 

AUTHORITY:  1 0  U.S.C.1663;  E.O.  9397. 

I PMNCIPAL PURPOSE(S): To apply for a chmnae i n  tho charactariratlon or realon for military dimcharge iewad to an individual. 

ROUTINE USEtSI: None. 
DUCLOSURE: Voluntary;  however;  fmilure t o  provide Idsntifylng informationma  i m  ode procs~ning of this application.  Tha request for 
Social Security Nurnbar is m i o d y  t o  n a u r e  proper idantitication of the ~ n d m d u a ~ a n ~ . p p r o t e  
1. APPUCANt DATA (The per* 

whose dls&erge  b to be revlowed).  PLEASE PRINT OR  TYPE INFORMATION. 

records. 

............................ 
b... NAME /hn, Hmt. W I D  Inlakll 

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2. 

OF BIS~-IAR~,OR SEPARATION 
/Y WYMMDO) /If date k wmm thm 16 
y w m . g o . w b m k a Q D h m   149) 

c\WQ 

3.  UNIT AND LOCATION AT DISCHARGE OR 

SEPARATION 

ARMY 

MARINE CORPS 

N A W  

AIR FORCE 

COAST OUARD 

4.  DISCHAROE  CHARAC~ERIZATION RECEIVED  IX OM) 

t . 1 ~  - 3 

HONWBCE 

X  OENERAUUNOER HONORABLE CONDITIONS 

UNOm OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Spocrbl c o u n - W u l  only) 
UNCHARACTERIZED 
OTHER (Ewpklnl 

.-..-..-..-..-..-.- 
* 

6. BOARD ACTION REQUESTED IX OM) 
X  CHANGE TO HONORABLE 
- CONDITIONS 

CHANGE TO QP~ERAUUNDER  HONORABLE 

MANOE TO UNCHARACTERRED 
(Not mppkmhk for A&  ~ T C ~
 
CHANOE NARRATIVE REASON FOR 
SEPARATION TO: 

I

7. /X /t amble) AN APPLICATION WAS PREVIOUSLY SUBMIllED ON IWYYMMDO) 

AND THIS FORM IS SUBMllWD TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR EVIDENCE. 

0. IN SUPWRT OF M I S  APPLICATION,  THE FOLLOWING ATTAWED DOCUMENTS ARE  SUBMITTED AS EVIDENCE:  (Continus In /tun  17. M mUirery documents or 
rnsdiwl r e o r d .  am rekwnt to your -so.  phmw  rrrd cop*&) 
kWeLhd  o ~ r  

\ e + k s   h my  h o p e ~ i s o r s  in  regardo 4a 

Sh$\irnq 

in whu\  X  -3 

+he & s r h q e   de43ia~. 

9.  TYPE OF REVIEW REQUESTED (X o n )  

(SF  han  10 of th lnstnrctlonr  .but  o o u n w I b & r e ~ n n t I v e . ~  

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MAIL  COMP~FTED 

APPLICATIONS  TO APPROPRIATE  ADDRESS BELOW. 

- 

-  - 

ARMY 

NAVY AND M A ~ N E  CORPS 

Army Review Boards A~ancy 
Support Division, St. Louis 
9706 Page Avenue 
St. Louis, MO 83132-6200 
[See http:llarba.armr.pentagon.mil) 

 

,

-

Air ~ o r c e '  Review Boards Aaency 
SAFIMRBR 
650-C Street West,  Suite 40 
Randolph AFB, TX  781 5B4742 

I 
DD FORM 293, AUG 2003 

Naval Council of  Personnel Boards 
720 Kennon Street, S.E. 
Room 309 INDRB) 
Washington Navy Yard,  DC  203745023 

COAST GUARD 

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

1 

1 
Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

314TH MAINTENANCE SQUADRON 
LITTLE ROCK AFB, ARKANSAS 72098 

22 November 2005 

........................................ 
MEMORANDUM FOR  AlC ! ........................................ 
FROM:  3 14 MXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. 

2.  My reason for this action is: 

a.  On or about 8 July 2003, you knowingly gave false information to your Assistant First 

Sergeant.  For your misconduct, you received a Letter of Reprimand (LOR) dated 15 July 2003 
(Attachment 1-1). 

b.  On or about 12 August 2003, you were derelict in the performance of your duties in that you 

failed to secure your personal-issued equipment before leaving work for the day.  For your 
misconduct, you received a Record of Individual Counseling (ROIC) dated 13 August 2003 
(Attachment 1 -2). 

c.  On or about 16 October 2003, you failed to report at the time prescribed to your appointed 

place of duty.  As this was not the first time that your supervisors had to address your lateness with 
you, you received an LOR for your misconduct dated 16 October 2004 (Attachment 1-3). 

d.  On or about 1 October 2003, you failed to report at the time prescribed to your appointed 

place of duty.  In addition, on or about 19 September and on or about 22 September 2003, you left 
your appointed place of duty without authority.  For your misconduct, you received nonjudicial 
punishment under Article 15 of the Uniform Code of Military Justice (UCUT) dated 3 1 October 
2003 (Attachment 1-4).  Your nonjudicial punishment consisted of suspended reduction to the rank 
of Airman and 14 days extra duty. 

e.  On or about 28 December 2004, you failed to maintain an initial issue item.  Your 

noncommissioned supervisors had ordered you one day previously to bring all clothing items 
necessary to work in all weather conditions, yet you failed to produce a field jacket.  For your 
misconduct, you received an LOR dated 29 December 2004 (Attachment 1-5). 

f.  On or about 20 September 2005, you failed to report at the time prescribed to your appointed 
place of duty.  For your misconduct, you received an LOR dated 21 September 2005 (Attachment 
1-6). 

g.  On or about 27 October 2005, you failed to report at the time prescribed to your appointed 
place of duty.  For your misconduct, you received nonjudicial punishment under Article 15 of the 

UCMJ dated 8 November 2005 (Attachment 1-7).  Your nonjudicial punishment consisted of 
reduction to the rank of Airman Fitst Class. 

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 higher authority 
will decide whether you will be discharged or retained in the United States 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. The separation authority will make the findings and recommendations 
required under 10 U.S.C.  Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult the Area Defense Counsel at Little Rock AFB, on 30 
November 2005, at 1000 hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  3 & n/,d -less 
you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements in your own beha16 your failure will 
constitute a waiver of your right to do so. 

7.  You are scheduled for the following appointments. You must first report to the Military 
Personnel Flight, Separations Section, located at 1255 Vandenberg Blvd, Room  100 on 29 
November 2005 at 0930 hours.  You must then report to the Medical Clinic, located at 1090 
Arnold Drive at 0720 hours on 30 November 2005 for your examination with Nurse May.  You 
must fast 14 hours prior to the examination and may drink only water during that time.  You must 
not smoke 14 hours prior, nor may you consume alcohol 72 hours prior to your examination.  If 
you wear glasses, bring them with you.  If you wear contact lenses, bring a container to store them 
in during your eye examination. 

8.  Any personal information you finish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at the orderly room. 

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

.......... 

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

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

Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum