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1  NAME OF SERVICE MEMBER (LAST, FIRST M1DI)I.E INITIAld 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

)'WPE GEN 

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GRADE 

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AUDRESS AND OH ORCANIZAI [ON OF COLINSEI. 

RECORD REVIEW 

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MEMBER SITTING 

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VOT$ OP THE BOARD 

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INDEX NUMBLR 

A67.10 

ISSUES 

A94.06 

1  HEARING  DATE 

OKIIER APPOINTWG THE HOARD 

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1  2  1  APPLICA'I'ION  FOR KEVIEW OF LlISCHAKCrE 

I.ETTER  OF NOTIFICA'I'ION 

I  PERSONAI,  APPEARANCE 

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rAPE F3ZC'ORDING 01:  I'RRSONAI.  APPEARANCE HE 

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Advise applicant of the decision of the Board. the right to a personal appearance withtwithout counsel, and the right to submit an 
application to the AI-BCMR. 

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

550 C STR1.I- I WEST, SUI I  F 40 
RANIIOLPH APB, 'I  X  781 50-4742 

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bECHk  14RV OFTHL AIR FORCh PCHSONNEL C O l l N r l L  
AIR FORCE I)ISCllARCh  HhVlEW BOARU 
1 9 5  COMMANU OR  EE W l N L   JRD PLOOH 
ANDREWS APD.  M D ' L O ~ ~ L - ~ U ~ I  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

P r e v i o u s  edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00249 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 thc applicant and the factors lcading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  thc  applicant  substantiates  an 
inequity or impropriety that would justiry  a cl~ange of discharge. 

ISSUES: 
Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s, one Lctter of Reprimand, one Letter of Counseling, and one Record of 
Individual Counseling for misconduct. The niisconduct included insubordinate conduct towards a 
noncommissioned officer, dereliction of duty, failure to go, unlawfully entering the dorm room of two 
female airmen, fleeing from armed forces policemen, failing to obey by wrongfully exiting an armed forces 
police vehicle, resisting apprehension by an arined f'orces policeman, making a false official statement and 
failing to install a forward track safety pin in preparing ammunition for removal. The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negative behavior. 
The Hoard coilcluded 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 states that liis 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 recommendation and other accornplishrnents.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty perforinance.  The Board coilcluded thc discharge was 
appropriate for the reasons which were thc basis for this case. 

CONCLUSIONS:  The  Discharge  Review  Hoard  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 f ~ ~ l l  

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 SRA) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Shaw AFB, SC on 2 Feb 06 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 22 Jul 82.  Enlmt Age: 18 0/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-49,  G-36,  M-24. PAFSC: 2W151 -  Aircraft Armament Systems 
Journeyman. DAS: 8 Apr 05. 

b.  Prior Sv:  (1) AFRes 26 Jul 00 -  2 Oct 00 ( 2   months 7 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Oct 00 for 6 yrs. Svd: 05 Yrs 04 Mo 00 Das, all AMS. 

b.  Grade Status:  AB -  14 Dec 05  (~rticle 15, 14 Dec 05) 
Amn -  5 May 05  (Article 15, 5 May 05) 
SrA -  17 Mar 03 
ALC -  17 NOV 00 

c.  Time Lost:  None. 

L - - - - - - - - - - - - - - .  

--------- 

d.  Art 15's:  (1) 14 Dec 05, Shaw AFB, SC -  Article 92.  You, having 
knowledge of a lawful order issued by TSgt ;--------! 
---------------. 
; a Security Forces member, to "Halt", or words 
to that effect, an order which it was your duty to obey, 
did, at or near Shaw AFB, SC, on or about 22 Sep 05, 
fail to obey the same by wrongfully continuing to flee. 
You, having knowledge of a lawful order issued by TSgt 
:,  a Security Forces member, to remain in the 
-..-....-..-....-. 
car, or words to that effect, an order which it was your 
duty to obey, did, at or near Shaw AFB, SC, on or about 
22 Sep 05, fail to obey the same by wrongfully exiting 
the vehicle.  You, who knew of your duties, on or about 
26 Oct 05, were derelict in the performance of those 
duties in that you willfully failed to install the 
forward track safety pin in preparing munition for 
removal in accordance with AFT0 IF-16C-33-1-2CL-14, as 
it was your duty to do,  Article 95.  You did, at or 
near Shaw AFB, SC, on or about 22 Sep 05, resist being 
:,  a Security Forces 
apprehended by TSgt : 
member, a person authorized to apprehend you.  Article 
107.  YOU did, on or about 22 Sep 05, with intent to 
deceive, I-l-lake to TSgt 1 ......................... 

.------------------------- 
-------------------------. 

-..-....-..-....-..-.-..-- 

: an official 

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

statement, to wit:  "SrA 
CES/MXAWB, Dorm 407 room 703" or words to that effect, 
when questioned as to who you were, which statement was 
totally false, and was then known by you to be so false. 
Reduction to AB,  forfeiture of $617.00 pay per month for 
2 months, and 45 days extra duty. (Appeal/Denied) (No 
mitigation) 

; DOB 8 / 2 3 / 8 2   of 23 

(2) 5 May 05, Osan AB, Republic of Korea -  Article 134. 

You, did, at or near Osan AB, Republic of Korea, on or 
about 13 Feb 05, unlawfully enter the dorm room of SrA 
,---------------------------. 

You, did, at or near Osan AB, 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - I .  

Republic of Korea, on or about 4 Dec 04, unlawfully 
enter the dorm room of SrA 1 .....................  :.  ~eduction to 
AB  (reduction below Airman suspended).  Restriction to 
the limits of Osan AB, Republic of Korea for 30 days. 
(Appeal/Denied) (No mitigation) 

e.  ~dditional: LOR, 03 OCT 05 -  Failure to go, 

RIC, 22 OCT 05 -  Dereliction of duty, 
LOC, 30 NOV 05 -  Insubordinate conduct towards a 

noncommissioned officer. 

f.  CM:  None. 

g.  Record of SV: 03 Oct 00 -  15 Apr 02  Minot AFB  5  (HAF Dir) 

16 Apr 02 -  lo Jan 03  Minot AFB  5  (CRO) 
11 Jan 03 -  26 Dec 03  Minot AFB  5  (CRO) 
27 Dec 03 -  26 Dec 04  Osan AB 

5  (Annual) 

h.  Awards &  Decs:  AFAM W/1 OLC, AFOUA/V W/1 OLC, AFGCM, NDSM, GWOTEM, 

GWOTSM, KDSM, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS:  (05) Yrs (06) Mos  (07) Das 
TAMS:  (05) Yrs  (04) Mos  (00) Das 

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

(Change Discharge to Honorable) 
Issue 1:  I feel that there was complete injustice done by my commander(s) . 

I feel that there was not any evidence that could have ever proved me to be 
guilty of what I was accused of.  There was no evidence to support their actions 
that were taking  (sic) against me.  These actions cost my military career 
dearly.  I was a very good troop as well as a well-rounded individual.  I had 
all llfirewallu five EPRIS(sic), two Achievement medals and I feel that my 
commander(s) failed or neglected to notice the good or take into consideration 
of what I had accomplished prior to my punishment(s).  I even had witnesses to 
my whereabouts when these incidents were in question,  I feel that if these 
incidents were handled correctly off of what information my commanders had, I 
would still be a Senior Airman and serving proudly. 

ATCH 
1. DD Form 214. 
2. Certificate of Recognition. 
3. Air Force Achievement  Medal. 
4. Copy of Discharge  Correspondence. 

20'rH FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MEMORANDUM FOR AB! ................................................... 

.-------------------------------------------------- 

FROM:  20 AMXSJCC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fi.om the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section 
H, Paragraph 5.49.  If your discharge 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: 

a.  On or about  13 Feb 05, you unlawfblly entered the dorm room of Senior Airman 1 - - - - - - - - -! 

------------- 
:.-. .-.- ,-. i  On or about 4 Dec 04, you unlawhlly entered the dorm room of Senior Airman 
.----------------- 

!.  For this misconduct, you received an Article 15, dated 5 May 05. 

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C.-....-....-....- 

b.  On or about 1 Oct 05, you failed to report to work for weekend duty.  For this 

misconduct, you received a Letter of Reprimand, dated 3 Oct 05. 

c.  On or about 19 Oct 05, you failed to stop and perform a FOD check and remove your hat 
as required.  For this misconduct, you received a Record of Individual Counseling, dated 22 Oct 
05. 

d.  On or about 30 Nov 05, you were disrespccthl in nature to an NCO.  For this 

misconduct, you received a Letter of Counseling, dated 30 Nov 05. 

e.  On or about 22 Sep 05, you failed to obey a lawful order given by a Security Forces 
member to "halt"  and continued to flee.  You also resisted arrest and failed to remain in the 
vehicle when told by Security 
that your name was SrA: 
you failed to install the forward track safety pin in preparing a munition for removal in 
accordance with Air Force Technical Order 1F-16C-33-1-2CL-14, For this misconduct, you 
received an Article 15, dated 14 Dec 05. 

Forcespersonnel. Lastly, you falsely informed Security Forces 
! when questioned about who you were.  On 26 Oct 05, 

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

. - - - - - - - - - - - - - - - - a  

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  The separation authority will make the findings and 
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force and, if 

Global Power for America 

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 counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Captain; ---- ------------ 
Area Defense 
Counsel, 895-9530,321 Cullen Street, at  08 3 0  hours on / 8   TA  2006,  You may consult 
civilian counsel at your own expense. 

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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 \ 6 : m h o u r s   on S X a w  
2006 
unless 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 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 the 20th Medical 
Group, Primary Care Clinic at  /odd 
additional examination will be scheduled if necessary. 

2006 and an 

hours on 

/ 8   J6n 

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 orderly room. 

9.  Execute the attached acknowledgment and return it to q e  immediately. 

Commander 

Attachments: 
Supporting Documents 

1) AF Form 3070, dated 5  May 05. 
2) LOR, dated 3 Oct 05. 
3)  AF Form 174, dated 22 Oct 05. 
4)  LOC, dated 30 Nov 05. 
5 )  AF Form 3070, dated 14 Dec 05.