AIR FORCE DISCHARGE. REVIEW BOARD HEARING RECORD 

NAME OF SEKVlCE MEMBER (LAST, FIRST MIDDIX INITIAL) 
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TYPE  GEN 
CoVN8EL 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

GRADE 

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AFSNISSAN 
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RECORD REVIEW 

ADDRESS AhD O R  OHGAKIZATION O F  COllNbEL 

MEMBER SITTING 

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VOTE OR THE BOARD - ~-. 

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EXHIBITS SIJBMITTED TO THE BOARD 

ORDER  AI'POINTING  '1'1  IF BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETI'ER  OF NOTIFICA'I'ION 
BRIEF OF PERSONNEL  FII,F 
COIJNSEL'S  RE1,EASE TO 'I'IIE  BOARD 
ADDITIONA I.  EXHlBlTS SLIRMITTED A'l' TIME OF 
PEIISONAL APPEARANCE 

I  TAPE RECORDING  01' I'ERSONAL  AI'PEARANCI:  I  IEARING 

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ISSIIES 

A93.21 

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INDEX  NUMBER 

A67.90 

1  HEARING  DATE 

I  CASE NIIMBER 

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APPLICANT% ISSUE AND ?lie l3OARo'S DECISIONAL RAnDNAL ARF DIFTUSIBD ON "I HE ATTACHED  M R  iORCE DISC~AROE REVIEW ROARD'bEClBfONAL RATIONAS 

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

550 C 9 1 REET WEST, SUI.1 t 40 
RANDOLPH AFH,  I'X  781 50-4742 

AFHQ FORM 0-2077, JAN 00 

bhCHb  I ARY O F  TIIE AIR FOHCF PERSONNEL LOIINCII. 
AIR FOHLh I)15CtlARCE  REVILW BOARD 
1535 COMMAND DR, EE WING, 3RD b 1  OOR 
ANDHKWS AFB, MD 2076?-7110z 

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Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NlIMHEH 

FD-2006d00265 

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 the applicant and the factors leading to the 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 change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it did not take into account the medical 
issues he was experiencing at the time.  The board acknowledged that the membcr received medical 
treatment for depression, anxiety, insomnia, frequent headaches, and a pineal lesion.  Following a review of 
all available facts and evidence in the case, the Board found no causal or mitigating relationship between the 
member's  instances of misconduct and his medical condition. The records indicated the applicant reccived 
two Article  15s, four Letters of Reprimand, one Letter of Counseling, and one Record of Individual 
Counseling for misconduct. The misconduct includcd failure to complete training by suspensc date, 
dereliction of duty, failure to go on divers occasions, failure to obey a lawful order, unprofessional  behavior, 
financial irresponsibility, and failure to pay overdue Government Travel Card balance.  The DRB opined 
that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  The Board concluded the misconduct was a signif cant departure from col~duct expected of all 
military members.  The characterization of the discharge reccived by the applicant was found to be 
appropriate. 

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 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 A ~ C )  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF MacDill AFB FL, on 13 
Feb 06 UP AFI 36-3208, para 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 30 Jun 81.  Enlmt Age: 20 0/12.  Disch Age: 24 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-83,  G-83,  M-71. PAFSC: 4N051 - Aerospace Medical Service 
Journeyman.  DAS: 9 Sep 02. 

b.  Prior Sv:  (1) AFRes 18 Jul 01 -  3 Dec 01  (4 mos 16 das)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  4 Dec 01 for 6 years. Svd: 04 Yrs 02 Mo 10 Das, all 

AMS . 

b.  Grade Status:  A1C -  15 Nov 05  (Vacation of Suspension, 18 Jan 06) 

SrA -  18 May 04 
A1C -  07 Jun 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 18 Jan 06, Vacation, MacDill AFB, FL -  Article 92. 

You, who knew of your duties, from on or about 15 Nov 05 
to on or about 15 Dec 05, were derelict in the 
performance of those duties in that you willfully failed 
to pay your overdue Government Travel Card balance, as 
it was your duty to do.  Reduced to AlC.  (No appeal) 
(No mitigation) 

15  Nov 05, MacDill AFB, FL -  Article 86.  You, did, on 
or about 4 Oct 05, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building 711.  You, did, on or about 11 Oct 05, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  building 711.  You, 
did, on or about 18 Oct 05, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit:  building 711.  Suspended reduction to 
A1C.  Forfeiture of $100.00 pay per month for 2 months 
and a reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 05 JAN 06 -  Financial irresponsibility. 

RIC, 29 NOV 05 -  Unprofessional behavior. 

DEPARTMENT OF THE AIR FORCE 

6TH AIR MOBILITY WING (AMC) 

MACDILL AIR FORCE BASE FLORIDA 

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MEMORANDUM  FOR  AI C:  ..-.-..-..-..-.-----------------------------: 

FROM:  6 MDOSICC 

SUBJECT:  Notification  Memorandum 

I .   I am recommending you be discharged from the United States Air Force for Misconduct:  A 
Pattern of Misconduct Consisting of Conduct Prejudicial to Good Order and Discipline.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation 
is approved, your service will be characterized as Honorable, Under Honorable Conditions (General), 
or Under Other Than Honorable Conditions (UOTHC).  I  am recommending that your service be 
characterized as LJnder Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  From on or about 15 November 2005 to  15 December 2005, you, who knew of your duties, 
were derelict in the performance of those duties in that you willfully failed to pay your overdue 
Government Travel Card balance, as it was your duty to do.  This incident resulted  in  a Letter of 
Reprimand (LOR), dated 5 January 2006, and a vacation of suspended  nonjudicial punishment, 
dated  18 January 2006.  Punishment consisted of reduction to the grade of airman first class (Attch 
2). 

b.  On or about 22 November 2005, you were observed screening a patient in  an unprofessional 
manner.  This incident resulted in a Record of Individual Counseling (RIC), dated 29 November 
2005 (Attch 3 j. 

c.  On or about 4 October 2005,  1 1 October 2005, and  18 October 2005, you, did, without 
authority, fail to go at the time prescribed to your appointed place of duty.  These incidents 
resulted in Nonji~dicial Punishment under Article 15, UCMJ, dated  15 November 2005. 
Punishment consisted of reduction to the grade of airman first class suspended through  14 May 
2006, forfeitures of $1  00.00 pay per month for 2 months, and a reprimand (Attch 4). 

. ...-. 

..  . 

d.  On or about  12 s e p t i i b e r  2005,  13 September 2005, and  14 septemb& 2005, you, did, 
without authority, fail to go at the time prescribed to your appointed  place of duty.  l'hcse 
incidents resulted in a LOR, dated 6 October 05 (Attch  5). 

e.  On or about  16 August 2005. you, did! without authority, fail to go at the time prescribed to 
your appointed  place of duty.  'This incident resulted in a LOR, dated  16 August 2005 (Attch 6). 

1;  On or about 12 October 2004, you, did, without authority, fail to go at the time 
prcscribed  to previously scheduled chemical warfare training, and  on or about 2 
December 2004 and on or about  14 April 2005, you failed to go to combat arms training, 
and on or about 27 April 2005, you failed to go to medical  unit readiness training.  These 
incidents resulted  in  a LOR, dated 3  May 2005 (Attch 7). 

AMC--GLOBAL REACH FOR AMERICA 

g.  On or about 26 April 2005, you, did, without authority, fail to go at the time prescribed to your 
appointed place of duty.  This incident resulted in a Letter of Counseling (LOC), dated 3 May 
2005 (Attch 8). 

h.  On or about  19 January 2005, you, who knew of your duties, were derelict in  the performance 
of those duties in that you willfully failed to complete required training by the specified suspense 
dates.  This incident resulted  in a RIC, dated  17 February 2005 (Attch 9). 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
:, at 
have made an appointment for you to consult the Area.Defense Counsel, Captain1 c.-.-.-......-. 
Hangar 4, Suite 3, on  1 February 2006, at 1100 hours.  You may consult civilian counsel at your 
own expense. 

4.  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 kebrusry 2006 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 have been scheduled for a medical examination.  You must report to Patriot Clinic, 84 15 
Bayshore Blvd. on 2 February 2006, at 0730 hours for the examination. 

7.  Any personal  information you furnish in rebuttal is covered by the Privacy Act of 1974.  A  copy 
of AFl 36-3208 is available for your use at 6 AMWIJA. 

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

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Commander, 6th Medical Operations Squadron 

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Attachments: 
I  .  Receipt of Notification  Menlorandurn 
2.  AF Form 366, dated  18 Jan 06 
3.  LOR, dated 5 Jan 06 
4.  RIC, dated 29 Nov 05 
5.  AF Form 3070, dated  15 Nov 05 
6.  LOR, dated 6 Oct 05 
7.  LOR, dated 16 Aug OS 
8.  LOR, dated 3 May 05 
9.  LOC, dated 3 May 05 
10.  RIC, dated  17 Feb 05