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AIR FORCE DISCHARGE REVIEW BOARD HEAKING RECORD 

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NAML OF SERVICE MRMRER (LAST, FIRST MIDDLE INITIAL) 
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I NAME  O F  COIINSEI.  AND OR OKC:ANI%A  I ION 

PERSONAL APPEARANCE 

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RECOIZDREVIEW 

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ISSIIKS 

A94.05 

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A67.90 

EXHIBITS SUBMITTED T O  THE BOARD 

1  APPLI('A'1'ION  FOR  R t V l t W  OF DISCHARGE 

2 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEI,  FI1.T. 
4 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SURMITTFD AT TIMF 0 1 7  
I'tRSONAI,  Al'l'tARANC'E 

TAPE KI:COK131NG  O k  PP.RSONA1,  AI'I'EARANCE  H E  

HEARING  DATE 

CASE NllMnER 

22 Feb 2007 
APPLICANT'S  ISSIIF. A N O ' I  Hk H0ARI)'S  L)BCISIONAL RATIONAL ARE DISCUSSED ON THE ATTACllBD AIR FORCE DISCIIARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00263 

1 

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1 

a x  hcard in Washington, D.C. 

lC 

." 

Advisc applicant of the decision of the Board, tlie right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCWIR 

TO: 

SAFIMRBR 
550 C STREET WEST, SIJlTE 40 
RANDOLPH AFB, 'I'X 78 150-4742 

FHOM: 

SECRETARY O F  THE AIR FORCE PEKSONREL COUNCIL 
AIR FORCE UISCIIARGE KEVlEW BOARD 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANI)KF.WS AFR, MI)  211782-70112 

INDORSEMENT 

DA% 

3/5/2007 

AFHQ FOKM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00263 

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

The applicant was offered a personal  appcarancc before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent  data on the applicailt and the factors leading to thc discharge. 

FINDINGS:  Upgrade of discharge is 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 chailge of discharge. 

ISSUE: 

The applicant contends that his discharge was inequitable and unjust because the information used was false 
and damaging to his career.  He states the information he provided was not considered and his integrity 
questioned.  The record indicates that the applicant received thrcc Lcttcrs of Counseling for failure to attend 
a scheduled training appointment and late for duty (twice); two Letters of Reprimand for failing a room 
inspection and failing to obey a lawf'ul order; and an Article  15 for intent to deceive and making Fdse official 
statements to two noncomn~issioned officers.  The Board reviewed the records and found no evidence that 
substantiate the applicant's  inequity issuc.  Hc did not appeal his Article 15 nor did he submit rebuttals to 
any of his administrative actions.  The Board opined that through these administrative actions the applicant 
had ample opportunitics to change his negative behavior; therefore, the Board concludes the characterization 
of the discharge to be appropriate. 

CONCLUSIONS:  Thc  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requircmeilts  of  the  discharge regulation  and  was  within  the  discretion  of  the 
discharge authority and that thc applicant was provided f'ull 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 AlC) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Offutt AFB, NE on 4 Nov 
99 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a ,  DOB: 7 Oct 71.  Enlmt Age: 25 8/12.  Disch Age: 28 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-60,  E-42,  G-46,  M-56. PAFSC: 2A551L - Aerospace Maintenance 
Journeyman. DAS: 2 Feb 98. 

b,  Prior Sv: (1) AFRes 20 Jun 97 -  3 Sep 97 (2 months 14 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Sep 97 for 4 yrs. Svd: 02 Yrs 02 Mo 01 Das, all AMS. 

b,  Grade Status:  AB -  05 Oct 99 (Article 15, 5 Oct 99) 

A1C -  4 Jan 99 
A m  -  4 Mar 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Oct 99, Offutt AFB, NE -  Article 107.  You did, on or 

about 14 Sep 99, with intent to deceive, make to TSgt 
'  an official statement, to wit: "I went 

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i6-TKiiTi-iT-XKi1Passed out,  or words to that effect, 
which was totally false, and was then known by you to be 
..................... 
so false.  Article 107.  You did, on or about 14 Sep 99, 
with intent to deceive, make to SSgt ------------------- 
official statement, to wit: "The effective date of the 
insurance is 10 Aug 99,11 or words to that effect, which 
was totally false, and was then known by you to be so 
false.  Reduction to AB, and 21 days extra duty, 
(Appeal/Denied) (No mitigation) 

'  an 

e.  Additional: LOR, 10 SEP 99 -  Failure to obey a lawful order. 

RIC, 08 SEP 99 -  Continuously calling in late. 
RIC, 21 JUN  99 -  Failure to report to work with Area Line 

Badge, and failure to follow proper 
procedures for reporting extended absences 
from work. 

RLC,  17 MAY 99 -  Missed appointment. 
LOR, 13 APR 98 -  Failed room inspection. 

f.  CM:  None. 

g.  Record of SV: 4 Sep 97 -  3 May 99  Offutt AFB  4  (Initial) 

h.  Awards &  Decs :  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (02) Yrs  (04) Mos  (15) Das 
TAMS: (02) Yrs (02) Mos  (01) Das 

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

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable and unjust because the information 

used in my discharge was not only false but damaging to my military career.  The 
information I provided was never even considered.  My integrity was called into 
question and I choose to step up to the plate by getting information on my 
military and personal life from my fellow Air Force brothers and sisters.  I 
have attached the following statements to dispute the information in my 
discharge. 

ATCH 
1. Eight Character References. 

g.  On or about 14 September 1999, at or near Offutt AFB, NE, you did, with intent to 

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

deceive, make to Staff Sergeant; ............... i an official statement, to wit:  "The  effective date 
of the insurance is 10 August 1999," or words to that effect, which was totally false, and then 
known by you to be so false. 

For the incidents listed in paragraphs f and g you received Nonjudicial Punishment dated 
5 October 1999, consisting of reduction to the grade of Airman Basic with a new date of rank of 
5 October 1999, and 2 1 days extra duty.  (Atch 1-6) 

3 .  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force,  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

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: 
Bldg 323C, RM 302, Phone 4-3939, at  I00 0 
civilian counsel at your own expense. 

; Area Defense Counsel, 
. You may consult 

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on =-,- -g zF7 

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 6 @ G-Y 9 7 
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 55th Medical 
Group, Physical Exams, Room  1 15, Building 527, at  ad OO-%%  / / &D  h r s  
for the 
examination.  Please pick up your medical records 24 hrs prior to your appointment, 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 
2 !  0 ~ s f o n  I '/ w h ~ j
9.  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. 

  with your escort. 

10.  Execute the acknowledgment provided and return it to me immediately. 

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Commander, 38"' Reconnaissance Squadron 

Attachments: 
Atch 1- 1 ; Letter of Reprimand, 13 Apr 98 
Atch 1-2; Record of Individual Counseling, 17 May 99 
Atch 1-3; Record of Individual Counseling, 21 Jun 99 
Atch 1-4; Record of Individual Counseling, 8 Sep 99 
Atch 1-5; Letter of Reprimand, 10 Sep 99 
Atch 1-6; Nonjudicial Punishment, 5 Oct 99