AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
VAME 011' SERVICE MEMBER (I.AST, FIRST MIDI)I,F, INITIAL)
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PERSONAL APPEARANCE
NAMh OF COllNSEL AND OR ORGANIZATION
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RECORD REVIEW
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ADDRESS AND OH ORGANIZATION OE COIINSEI.
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ISSIJES
A94.05
INDEX NUMBhH
A69.00
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VOTF OF TIlE BOARD
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I I G I Y
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EXHIBITS SUBMITTED TO ?HE BOARD
OKIIFR APPOINTING '1 1 LE BOARD
AI'I'I.ICAT1ON FOR KEVIPW OF DlSCHARGb
LETTER 01: NUSIFICATION
UKltF OF PERSONNEL 11Lt
COCINSEI.'S RELEASE ' I 0 THE BOARD
AI)I)ITIONAL EXHIUI'I'S SllBMlTTED A'S 'I I M t OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE
HBARINC: DATE
CASE NL'MBER
08 Mar 2007
APPI.ICAYT S ISS1:EAPiD THE BOARD'S DECISIOYAI. RAllONAL ARE UISCl SSED OV Tllf 4lT4CHED .UH FOKCE OISCHARFE REVIE\\' BO.4RD VECISIOYAI. RATIOKALE
FD-2006-00273
2ase heard in Washington, D.C.
4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an
ipplication to the AFBCMK.
\Tames and votes will be made available to the applicant at the applicant's request.
Y- Upgrade of Discharge and Change of Reenlistment Code are Denied
SAFIMRBR
550 C STWBI' WEST, SIJTTE 40
RANDOLPII AFH. TX 781 50-4742
SECRETARY OF 1
AIR FORCE D l s r l
1535 COMM.~NI) n
ANDHEWS AFR, MD 20762.7002
1
AFIIQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NLIMBER
FD-2006-00273
GENERAL: The applicant appcals for upgrade of discharge to honorable and to change thc reenlistment
code.
The applicant was offered a personal appearance before the Discharge Review Board (DRR) but declined to
exercise this right.
'The attached brief contains available pertinent data on the applicant and the factors leading to the dischargc.
FINDINGS: Upgrade o l discharge and change of rcenlistnicnt codc are denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any 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 an Article 15 for misconduct. The misconduct included theft of a compact disc car stereo.
The applicant also failed the alcohol rehabilitation program. 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 significant departure from conduct expected of all military members. The
characterization of the discharge received by the applicant was round to be appropriate.
Issue 2. The applicant stated he was told he would be eligible to reenlist in six months. The DKB noted the
issue was common, the result of miscommunication. 'The applicant would only be eligible for reenlistment if
his discharge was upgraded and his reenlistment code was changed. While a discharge may be upgraded it is
by no means automatic. A discharge is upgraded only if the applicant and the 1)RR can establish an inequity
or impropriety took placc at the time of discharge. In this case, none was found, so the Board denied the
appeal.
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
dischargc 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 lor
upgrade of discharge, thus the applicant's discharge should not be changcd.
Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH A 1 C )
DISCHARGE PACKAGE MISSING
1. MATTER UNDER REVIEW: Appl rec'd a GEN Bisch fr USAF Hanscom AFB, MA on 24
Dec 03 UP AFI 36-3208, para 5 . 3 2 (Alcohol ~ehabilitation Failure). ~ppeals for
Honorable Discharge and to Change the RE Code.
2. BACKGROUND:
a. DOB: 2 May 8 4 . Enlmt Age: 17 0/12. Disch Age: 20 7/12. Educ: HS DIPL.
AFQT: N/A. A-84, E-76, G-74, M-82. PAFSC: 3E731 - Fire Protection Apprentice.
DAS: 20 Dec 02.
b. Prior Sv: (1) AFRes 11 May 01 - 17 Jun 02 (1 yr 1 month 7
days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 18 Jun 02 for 4 yrs. Svd: 01 Yrs 06 Mo 07 Das, all AMS.
b. Grade Status: AB - 13 Nov 03 (Article 15, 13 Nov 03)
A1C - 18 OCt 03
Amn - 18 Dec 02
c. Time Lost: None.
d. Art 15's: (1) 13 Nov 03, Aviano AB, Italy - Article 121. You, did,
at or near Aviano AB, Italy on or about 29 Jul 03, steal
a Kenwood compact disc car stereo, of a value of about
$3 8 0 . 00, the property of A1C : ...........................
Reduction to AB. Restriction to the limits of Aviano
AB, Italy for 30 days, 15 days extra duty, and a
reprimand. (No appeal) (No mitigation)
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e . Additional: Unknown.
f . CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR, NATOM, NDSM.
i. Stmt of Sv: TMS: (02) Yrs (07) Mos (14) Das
TAMS: (01) Yrs (06) Mos (07) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Em 293) dtd 17 Jun 06.
(Change Discharge to Honorable, and Change the RE Code)
Issue 1: The code 2B does not allow me to re-enlist upon seperation (sic)
I was informed that after six months I would be eligable (sic) to reenlist. I
wish to enlist in the Army and serve my country.
ATCH
1. Congressional Correspondence.
AF | DRB | CY2003 | FD2002-0390
The DRB noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive an Honorable discharge to receive future educational entitlements. (No appeal) (No mitigation) (2) 23 Jan 98, Vacation, Aviano AB, Italy - Article 86. Applicant's Letter to the Air Force Discharge Review Board.
AF | DRB | CY2006 | FD2006-00104
\ID 20762-lW2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00104 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received two Article 15's, a Vacation, a Letter of Reprimand, and a Record of Individual Counseling for misconduct. In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis...
AF | DRB | CY2007 | FD2006-00375
Advise applicant of the decision of the Board, the right to a personal appearance witli/without counsel, and the right to submit an application to the AFBCMR Namcs and votes will be made available to the applicant at the applicanl's rcqucst. CONCLUSIONS: The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient basis, as an act of clemency, for change of...
AF | DRB | CY2007 | FD2006-00338
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NllMBER FD-2006-00338 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change tllc reason for dischargc, and to change the reenlistment code. Attachment : Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) (HGH A1C) 1. For this infraction, you received a Letter of Counseling dated 16 Apr 03 (Atch 5).
AF | DRB | CY2002 | FD2002-0048
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE I GENERAL: The applicant appeals for upgrade of discharge to Honorable. The Respondent’s commander has recommended discharge in accordance with AFI 36-3208, paragraph 5.49, Minor Disciplinary Infractions, with an under honorable conditions (general) discharge characterization. I am recommending your discharge from the United States Air Force for minor disciplinary infractions.
AF | DRB | CY2003 | FD2002-0489
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0489 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For tbis offense, you received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice on 23 October 2001 consisting of a suspended reduction to the grade of "Return With Honor" airman, suspended forfeiture of $167,00, the suspension being conditioned upon attendance of financial counseling, 14 days extra duty, and a...
AF | DRB | CY2005 | FD2005-00248
The records indicated the applicant wrongfully used marijuana on two separate occasions and reccived an Article 15 for each one of these actions. Attachment: Examiner's Bricf DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH SRA) (MISSING MPR) 1. DAS: 5 Jan 04. b. prior Sv: (1) AFRes 28 Sep 99 - 14 Dec 99 (02 mos 17 das) (inactive) .
AF | DRB | CY2006 | FD2005-00373
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00373 GENERAL: The applicant appeals for upgrade of discharge to honorable. The Board concluded the misconduct was a significant departure from conduct expected of all military mcmbers, and the characterization of thc discharge received by the applicant was found to be appropriate; however, if he can provide additional documented information to substantiate his issue, he should consider exercising his right to make a...
AF | DRB | CY2003 | FD2002-0486
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) T vp UOTHC X PERSONAL APPEARANCE } NAME OF COUNSEL AND OR ORGANIZATION ISSUES A94,06, A01.39, A01.43 INDEX NUMBER A 64.00 GRADE AFSN/SSAN AB RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE HEARING DATE CASE...
AF | DRB | CY2006 | FD2006-00063
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. (Atch 2) c. On 18 May 99, you misplaced an apex tool and failed to return it to the appropriate place: For this infraction, you received a Record of Individual Counseling (RIG) on 20 May 99. 7 Attachments: I. LOR, 6 Mar 98.