I 

1 

1 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST M1001,E  INI'I'IAI,) 

1  TYPE  GEN 

I 

I 

PERSONAL APPEARANCE 

'OUNSEL 

NAMK OF COllNSEL ANL)  OR ORGANLZATION 

vE:S 

No 
X 

GRADE 

AMN 
I x  I 

APSNISSAN 

RECORDREVIEW 

ADDRESS AN13 O H  OIICANI%ATION O F  COIlNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

I 

HON 

I 

GEN 

I  LJOTHC 

I  OTIIER 

I 

DENY 

J 

C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C  
18811b:S 

A92.21 
A92.01 

INDEX NUMBER 

A67.10 

I 
I 
EXHIBITS SUBMlTTED TO THE BOARD 

I 

I 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 

APPL1C:ATION I'OK  KFV1F.W OF DlSCHARGE 
LETTER OF NOTIFICATLON 
1  BRIEF OF PERSONNEL  PILE 

COUNSC1,'S  RT!I.EASE TO TI  IE  ROARD 
ADDI'I'IONAL EXHIBI'I'S SIJBMI'TTED AT TIME OF 
PERSONAI. APPEARANCE 

I  TAPE RECORDING  OF PERSONAL APPEARANCE HE 

IIEARINC lJATE 

CASE NUMBER 

22 Mar 2007 
APPLICANT'S  ISSUE AND TllE BOARD'S  DECISIONAI. RATICINAI. ARE DISCllSSED ON THE ATTACHFD AIR  FORCE [)ISCHARGE REVIEW BOARD DECISIONAL RAT1ONAI.E 

FU-2006-00260 

1  Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
application to the AFBCMR 
1  Names and votes will be made available to tlic applicant at Ihc applicant's rcqucst. 

1  X - Upgrade, Change Reason and Authority and Changc Rccnlistrncnt Code 

SAFIMRBR 
550 C: S'I'REFT WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

DATE:  5/3/2007 

SECRETARY OF TllE AIR FORCE PERSONNEL  COUNCIL 
AIR FORCE DISC'HARGE  REVIEW ROARlJ 
1535 COMMAND DR, EE WING. 3KU FLOOR 
ANlJREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECTSIONAL RATTONALE 

C'ASL  NllMHER 

FD~2006~00260 

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  availablc  pertinent  data  on  the  applicant  and  the  factors 
leading to the discharge. 

FIN131NGS:  Upgrade  of  discharge,  changc  of  rcason  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. 

ISSUE: 

Issue  1 .   Applicant contends that he was youilg and immature; he made bad decisions and would like another 
chance.  The record indicates that the applicant received a Record of Individual Counseling for failing to 
return from lunch, returning late from lunch and failing to meet standards (twice--boots not shined and 
failing to get a haircut); a Letter of Counseling for failure to go; three Lettcrs of Reprimand for failing to 
obey an ordcr and insubordinate conduct, failing to return from lunch at appointed time (twice), and for 
being arrested for shoplifting cougldcold medicine and ingesting  16 pills; an Article  15 for failure to go 
(twice), and on divers occasions with intent to deceive made a false official statements to a senior 
noilcommissioned oi'ficer.  The Board opined that through these administrative actions, the applicant had 
ample opportunities to change his negative  behavior.  'lhe I3oard concluded the inisconduct of thc applicant 
appropriately characterized his tern1 of service, as does the reason for discharge and the reenlistment code 
received. 

Issue 2.  Applicant  states that he was very successful in training and duties.  The Board took note of the 
applicant's duty performance as documented by his performance reports, letters of recommendation and 
other accomplishments; however, found the seriousiless of the willful misconduct offsct any positive aspects 
of the applicant's duty performance.  The Roard concludcd that the characterization of the applicant's 
discharge, rcason for discharge and reenlistment code was appropriate due to the misconduct. 

Issue 3.  Applicant states since his discharge he enrolled in college, completed his Associate's  Degree, has 
kept the same job  and is deeply involved in local church.  The Board was pleased to sce that the applicant 
was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or 
found in the course of the review,  T l ~ e  Roard collcluded the misconduct of the applicant appropriately 
characterized his term of service as does the reason for discharge and the reenlistment code. 

CONCLUSIONS:  The  Discharge  Review  Hoard  coilcludes  that  the  discl~argc was  consistent  with  the 
procedural  and  substantive  requirements  of the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that thc applicant was provided full administrative due process. 

In view of the foregoing findings, the Board furthcr concludes that thcrc cxists 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 A I R   FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

................................... 
1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Tinker AFB, OK on 6 Aug 
03 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: 15 Jul 84. Enlmt Age: 17 10/12.  Disch Age: 19 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-62,  G-64, M-38. PAFSC: 1A431 - Airborne Battle Management 
Apprentice. DAS: 1 Mar 03. 

b.  Prior Sv: (1) AFRes 31 May 02 -  5 Jun 02 (5 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Jun 02 for 6 yrs. Svd: 01 Yrs 02 Mo 01 Das, all AMS. 

b.  Grade Status:  A m  -  22 May 03  (Article 15, 22 May 03) 

A1C -  19 Jul 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 May 03, Tinker AFB, OK -  Article 86.  You, did, on 

divers occasions between on or about 14 Apr 03 and on or 
about 16 Apr 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 215.  You, did, on or about 21 Apr 03, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: Building 5801.  Article 
107.  You, did, on divers occasions between on or about 
14 Aps 03 and on or abg-vt-Jfi-Apr-Q?,--yjth intent to 
deceive, make to MSgt i 
j  an official 
statement ,  to wit : yo6-wi;Ye'-YY--fKFe''F'1'i~ht 
Surgeon s 
office trying to get off DNIF, which statement was false 
in that you were only at the Flight Surgeon's office on 
15 Apr 03, and was then known by you to be so false. 
Reduction to AB  (reduction below Airman suspended). 
Suspended forfeiture of $500.00 pay per month for 2 
months.  Thirty days correctional custody (suspended). 
Reprimand. (No appeal) (No mitigation) 

e .   Additional: LOR, 18 APR 03 -  Failure to return from lunch at the 

LOC, 11 APR 03 -  Failure to go. 
LOR, 20 JUN  03 -  Arrested for shoplifting cough/cold 

appointed time on two occasions. 

medicine and ingesting 16 of the pills. 

RIC, 26 MAR 03 -  Failure to return from lunch and late 

returning from lunch on 23 Mar 03.  Boots 
not cleaned and shined on two occasions. 
Failure to get a haircut on two occasions. 
LOR, 08 JAN 03 -  Failure to Obey Order or Regulation, and 

Insubordinate Conduct. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (02) Mos  (06) Das 
TAMS: (01) Yrs  (021 Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Jul 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Letter of Support. 
3. AF Form 100. 
4. DD Form 214. 
5 +  Academic Document, 
6. Certificate of Acceptance 

I 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

( h e  reed instructions on hges 3 and 4 BEFORE completing this application.) 

F m  Appmved 
OMB No. 0704-0004 
Expires Aug 3 1, 2006 

lncludlng rtu tlma lor rwkwing Inuuetlon. aurehlng oJnlw dam #ourwe, 
Tho puMb m l n g  trurd.n la thl. collactbn of  informtion In mrtlrrurul to avang. 30  minuua pmr  r-poius, 
g a h r l w  nd nuintdnlng th. dau  d u l ,  and eornpWng m d  rwkrvlng thr  mllutlon of  infcmmtlon.  B.nd m m m t .  ragudlng him burdm #.timat.  or any othr wp.ct of W. mUactlon 
of infornution,  I n J u d l ~  w-lu 
Rupordanu hwld ba awur 
my 0th pmv*lon of law,  no waon 4h.Y  be rubjoet to any psrulw lor failing ta comply wlth I dknlon of Infornution If It dorr not dilplay a tumrrFly  n l l d  OM0 
that now- 
PLEASE W NOT  RITURN VOUR  FORM TO  THE ABOVE  ORGANIZATION.  RETUM COMPLETED FORM TO  THE APPROPRIATE ADDRESa  ON 
wntml nu*. 
BACK OF THIS PAQE. 

for d u J w  rh. burden, to tho Doputmont of Doform, Uu#ltlvm brvlcu m d  CommunloaUon. Dlmctonu 107-1. 

PRIVACY ACT STATEMENT 

AU'THORTTY:  10 U.S.C.  1563; E.0;  9397. 
PRINCIPAL WRWSE(S1:  To apply for a channr in the characterization or reason for military discharge issued to an individual. 
ROUTINE USEtS):  None. 
DISCLOSURE:  Voluntary; however,  failum to provide identifying information may impede processing of t h i ~  application.  The r e q u ~ t  for 
Social Securitv Number Iu utrictlv to assure Droper identification of the individual and a ~ ~ m ~ r i a t e  
1.  APPLICANT DATA  rheperson  w&e 
m.  BRANCH OF SERVICE I X  cmd 

discharge is to be reviewed).  PLEASE PRINT OR NP€ INFORMATION. 

COAST GUARD 

I MARINE CORPS 

I AFWY  ( 

1  N A W  

AIR FORCE 

records. 

-  . -- 

- .- 

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I 

. 

- 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

2. DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE CHARACTERlZATlON RECEIVED (X on@  8.  BOARD ACTION REQUESTED I X  o n d  

I ~ Y W M M O O /  (lf d s p  k mars than 16 vesn 
a@,  wbmit r 00 Am  149) 

3.  UNIT WR LOCATION AT-DISCHARGE 

Zoo 3 as:az  - 
- 
OR SEPARATION  652 I M 
I  r u ' # i h  /If-3 

w .  

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'  I H O I ( I O R A ~  

QENERAWNDER HONOqPBLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAQ CONDUCT lSp.dd  court-rns~tld only) 
UNc-m-EO 
aTHER I&P,ehI 

, 

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CONmTlous 

CHANOE TO HOMORABLE 
CHANGE TO  OEWERAWNDEA 
H
CHWGE TO UN~HARA~ERIZED 
/yet s,ylicabk  for AC Forno) 
CHANGE  NARRATIVE  REASON  POR 
SEPARATION TO: 

 

6- ISSUES:  WHY AN UPQRADE OR  OHANQE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST lConrInve h h m  14. .SpS h t m 2 h n s   on 

-  -  -  , F C .  -  - . - -.- 
7. (X if applic~ble) * APWCATION WAS PREVIOUSLY SUBMITIED ON /WYYMMDD/ ' 

. . I  ..-.*-- 

I -   . C   .I-.- 

- 

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v ' . '  

AND THIS FPRM IS.SUBMIlTE0 T 0 ADD ADDITIONAL ISSUES, JUSTIHCATIOY,  PR EVIDENCE, 

, 

'8.  IN SUPPORT OF THIS APPLICATION. THE FOLLOWING AlfACHED DOCUMENPSARE'SUBMlTTm AS EVIDENCE:  IConrlnue h ltm  17. 

9.  W E  OF  REVIEW REQUESTED (X one) 

CONWCT A RECORD REVIEW OF  MY O I S W R Q E  BASED ON MY MlUTARY PERSONNEI.  FILE AN0 ANY ADDltlONAl DOCUMENTATION 
SUBMITTED BY ME.  I ANDlOR (munsaUreprarenarIva)  W I U  NOT APPEAR BEFORE THE BOARD. 
I ANDlOR ~aunzrYrspmsntat/vo WlSH TO APPEAA AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD W THE 
WASHINGTON, D.C.  METROPOLITAN AREA. 
I ANDlOR l e o u n s r ~ ~ m u r t m t l v a )  WlSH TO APPEAR AT A HEARINO AT NO EXPENSE TO THE QOVERNMENT BEFORE A TRAVEUNG PANEL CLOSEST TO 
(NOTE:  The Navy Okctmrgq Revhw Bawd dou,npt haw p trqvefing pond./ 
Iontmr ciQt and stare) 

I 

/See /tam  10 o f  rhe instructions nbout counsm&qpmsentat/Vs.) 

10.0. COUNSEL/REPwENTATNE IIfinv) NAME /last, fint, Middle Inltiall AND ADDRESB  I b

I 
I 
1 1.  APPUCbNT MUST SIGN IN  ITEM 13.a:  &LOW, 
- the name&ntl  -  -  - and r&tlonship  by mmrking a box brlow. - 

c.  E-MAIL 

. m N

.  *

-

.

 

~

' 

I 

.

 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APWCATION.  If tho rppllcatlon I. dgnad by other than the rnppllcnnt,  indicats 

If thi record in duedon k ddt of a dramadd or incompstont parion.  &GAL  MoOF OF 

. FAX NUMBER h c i u d ~  Am.  Cbdel 

. 

1 ,  

NUMBER / / I w : ~ &  Area Codsl 
. . 

 

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.  L . , - . - . . , . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

:  I 

13.  CERTIFICATION.  I make the foregoing ahtemmtu,  M part of my dlsirn, with full knowledge of tho 
psnaltlar involvnd for willfully making a false statement or claim.  (U.S.  Code, Title  18, Sect~pns 287 
~ n d  1001. ~ m v i d e  that an individual shall be fined under this thle or im~risoned not mora than 6 veers. 
or both.)  ' 

k h 1-1- hy0mfl I  DATE U'NED - REWIFIED 

a.  s!onm~u~-- aowm u~oui.d&.ggn 

-: 

(YYYYMMDD) 

CASE NUMBER 

(Do not  write I%J  this space.) 

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8 

PREVIOUS blf IONS ARE OBSOLETE. 

Page 1 of 4 Page 

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DEPARTMENT OF THE +RCE  ppz~ 4- 

S a d  TRAINJNG SQUADRON (ACC) 

TINKER AIR FORCE BASE  OKLAHOMA 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
MEMORANDUM FOR AMN; .................................................... 
FROM:  552 TRSICC 

Tinker AFB OK  73145 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct. 
My authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49, Minor 
Disciplinary Infractions.  If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On 8 Jan 03, you failed to obey an order or regulation and you presented 

insubordinate conduct when you fabricated appointment slips for the purpose of 
deceiving your Military Training Leader.  When confronted with the situation, you lied to 
SSgti-----!. As a result, you received a Letter of Reprimand (LOR), dated 8 Jan 03.  See 
Atch T:--- 

b.  On 23 Mar 03, you returned late from lunch.  Also you had been told on two 

different occasions that your boots needed to be cleaned and shined.  You also had 
been told on two different occasions that you needed to get a hair cut.  As a result, you 
received a Letter of Counseling (LOC), dated 26 Mar 03.  See Atch 2. 

c.  On or about 27 Mar 03, you were arrested for shoplifting at a Wal-Mart Super 

Center in Oklahoma City.  You stole boxes of cold medicine and then it was revealed 
you had ingested 16 Of  the pills.  As a result, you received a Letter of Reprimand, dated 
20 Jun 03.  See Atch 3. 

d.  On 11 Apr 03, you failed to report to your place of duty, a mandatory B Flight 
Roll call.  As a result, you received a Letter of Counseling, dated 11 Apr 03.  See Atch 
4. 

e.  On or about 25 Mar 03, you failed to return from lunch to your place of duty, 
First Term Airman Center.  On 27 Mar 03, you again failed to return at the proper time 
from your lunch.  As a result, you received a Letter of Reprimand, dated 18 Apr 03. 
See Atch 5. 

-1 

m m r  tor ammdcm 

f.  On divers occasions'between on or about 14 Apr 03 and on or about 16 Apr 
03, without authority, at or near Tinker AFB OK, you failed to go at the time prescribed 
to Bldg 21 5.  On or about 21 Apr 03, without authority, at Tinker AFB OK, you failed to 
go at the time prescribed to Bldg 5801.  On or about 14 Apr 03 and on or about 16 Apr 
03, with intent to deceive, you made a false official statement to MSgg - - - - - - - - - - - - - - - - I  :by 
telling him you were at the Flight Surgeon's office.  As a result, you received an Article 
15, dated 22 May 03.  Punishment was reduction to the grade of airman basic, with 
reduction below airman suspended until 21 Nov 03, forfeiture of $500 pay per month for 
2 months, suspended until 21 Nov 03, 30 days correctional custody, suspended until 21 
Nov 03, and a reprimand.  See Atch 6 ,  

Copies of the documents to be fonnrarded 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 
and, if you are discharged, how your service will be characterized.  If you are 
discharged, you will be ineligible for reenlistment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you. I have made arrangements for you to consult an Area Defense Counsel, at 
.------------. 
Bldg One, Tinker AFB OK.  You should telephone cap$------------- 
iofFice at 405ff39- 
7713 on Monday, 21 July 2003 for the purpose of making an appointment to see an 
Area Defense Counsel.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in yol-lr own behalf.  Any statements you 
want the separation authority to consider must reach me by 23 July 2003, 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 own behalf, your failure 
will constitute a waiver of your right to do so. 

6.  You were scheduled for a medical examination on 2 July 2003, and you should have 
reported to the Tinker AFB Hospital, Physical Exam Section, on that date for the 
examination. 

7.  Any personal information you fl~rnish in rebuttal is covered by the Privacy Act of 
1974.  A copy of AFl 36-3208 is available for your use in the orderly room. 

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

Attachments: 
1.  LOR, dtd 8 Jan 03 
2. RIC, dtd 26 Mar 03 
3.  LOR, dtd 20 Jun 03 
4.  LOC, dtd 1 1 Apr 03 
5.  LOR, dtd 18 Apt03 
6.  Art  15, dtd 22 May 03 
7.  Acknowledgment Ltr