1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORDREVIEW 

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ISSUES 

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A95.00 

1  HEARING DATE 
1  21 Feb 2007 

I  ORDER APPOINTING THE BOAR[) 

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2  (  APPLICATlON FOR RFVI EW  OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEI.  F1I.E 
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COUNSEL'S RELEASE TO THE BOARD 
A1)e)lTIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAI. APPEARANCE 
I  TAPE RECORDING  OF PERSONAL AI'PEARANCE  HE 

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CASE NIJMFIRR 

(  FD-2006-00280 

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APPLICAWS 1WE&4dWE BOARD'S  bECISrONALRATIONAL AREtrlSCU$$ED  W THE ATTACHED AIR FORi2BDlSCHARCiE MVIRW IWsdkBD~EflSlONAl. NATIONALE  ' 

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Case heard in Washington, D.C. 

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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 

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

SAFIMRBK 
550 C STREET WEST, SUITE 40 
RANDOLPH AFH. TX 781 50-4742 

SECRKTARY OF THE AIR FORCE PERSONNISI. COllNClL 
AIR PORCE DISCHARGE REVIEW BOARD 
1535 COMMANDDR.  EE WING.3RDFLOOR 
ANDREWS AFB, MD 20762-ICQZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASK NlJMHRH 

FD-2(,,)6-OO280 

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 
excrcise 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 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. 

ISSUE: The applicant submitted no issues and requested that the review be completed based on the available 
service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in 
this case on which to base an upgrade of discharge.  The records indicated the applicant received an Article 
15, seven Letters of Reprimand, and a Letter of Counseling for misconduct.  The applicant received an 
Article  15 for failure to pay debts and failure to maintain sufficient funds for payment of checks.  He was 
punished with a reduction  in grade to Airman Basic, forfeiture of pay for two months (suspended) and a 
reprimand.  The records also indicated the applicant had additional misconduct and was administratively 
disciplined for failure to go, financial irresponsibility,  failure to obey a lawful order, dereliction of duty, and 
failure on fifth and final housing inspection.  'Che  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 found to be appropriate. 

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 
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 bc 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 Holloman AFB, NM on 18 
Jun 04 UP AFI 36-3208, para 5.49  (Misconduct - Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOE:  19 Sep 80.  Enlmt Age: 20 9/12.  Disch Age: 23 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-42,  E-42,  G-36,  M-33. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 7 Jan 02. 

b.  Prior Sv:  (1) AFRes 23 Jun 01 -  18 Jul 01 (26 days)(lnactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Jul 01 for 6 years. Svd: 02 Yrs 11 Mo 00 Das, all 

AMS . 

b.  Grade Status:  AB -  14 May 04 (Article 15, 14 May 04) 

A1C -  17 Sep 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 May  04, Holloman AFB, NM -  Article 134.  You, being 
indebted to Military Star Credit Account in the sum of 
$184.22, which amount became due and payable on or about 
16 Apr 04, did, dishonorably fail to pay  said debt. 
You, being indebted to Mid-Town Credit in the sum of 
$127.45, which amount became due and payable on or about 
11 Mar 04, did, from on or about 11 Mas 04 to on or 
about 27 Apr 04, dishonorably fail to pay said debt. 
You, did, on or about 6 Apr 04, make and utter to, Mid- 
Town Credit, a certain check, in words and figures as 
follows, to wit: $100.82, in payment of a debt, and did 
thereafter dishonorably fail to maintain sufficient 
funds in the Wells Fargo Bank for payment of such check 
in full upon its presentment for payment.  You, did, on 
or about 5 Feb 04, make and utter to, Nicks, a certain 
check, in words and figures as folows, to wit:  $4.94, in 
payment of a debt, and did thereafter dishonorably fail 
to maintain sufficient funds in the Wells Fargo Bank for 
payment of such check in full upon its presentment for 
payment.  Reduction to AB.  Forfeiture of $596 pay per 
month for 2 months, suspended.  Reprimand.  (No appeal) 
(No mitigation) 

expired registration and suspended drivers 
license. 

31 MAR 04 - Financial Irresponsiblity. 
15 JAN 04 -  Failure to obey a lawful order. 
14 JAN 04 -  Financial Irresponsiblity. 
09 JAN 04 -  Failed fifth and final housing inspection. 
24 DEC 03 -  Failure to meet appointment or reschedule 

LOR, 
LOR, 
LOR, 
LOR, 
LOR, 
LOC , 

e.  Additional: LOR, 
LOR, 

03 MAY  04 -  Failure to go on three separate O C C ~ S ~ O ~ S .  
29 APR 04 -  Detained by Alamogordo DPS for speeding, 

21 DEC 03 -  Dereliction of Duty. 

this appointment. 

f.  CM:  None. 

g.  Record of SV: 19 Jul 01 -  18 Mar 03  Holloman AFB  3  (Initial) 

19 Mar 03 -  18 Mar 04  Holloman AFB  2  (Annual) REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Prs (11) Mos  (26) Das 
TAMS:  (02) Yrs (11) Mos  (00) Das 

4 .   B A S I S   ADVANCED FOR  REVIEW:  Appln  (DD Fm  293) dtd 19 Jul 06. 

(Change Discharge to Honorable.) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 49TH FIGHTER WING (ACC) 
HOLLOMAN AIR FORCE BASE, NEW MEXICO 

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FROM:  49 SFS/CC 

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SUBJECT:  Notification  Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 
5H, paragraph 5.49.  If my recommendation is approved, your service will be characterized as an 
Under Honorable Conditions (General) Discharge. I am recommending that your service be 
characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

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a.  You, being indebted to Military Star Credit Account in the sum of $184.22, which amount 

became due and payable on or about 16 April 2004, did at or near Holloman Air Force Base, New 
Mexico, dishonorably fail to pay said debt.  You, being indebted to Mid-Town Credit in the sum of 
$127.45, which amount became due and payable on or about 1 1 March 2004, did at or near 
Holloman Air Force Base, New Mexico, from on or about  1 l March 2004 to on or about 27 April 
2004, dishonorably fail to pay said debt. You, did at or near Holloman Air Force Base, New 
Mexico, on or about 6 April 2004, make and utter to, Mid Town Credit, a certain check, in words 
and figures as follows, to wit: $1 00.82, in a payment of a debt, and did thereafter dishonorably fail 
to maintain sufficient funds in the Wells Fargo Bank for payment of such check in full upon its 
presentment for payment. You, did at or near Holloman Air Force Base, New Mexico, on or aboyt 
5 February 2004, make and utter to, Nicks, a certain check, in words and figures as follows, to wit: 
$4.94, in a payment of a debt, and did thereafter dishonorably fail to maintain sufficient funds in 
the Wells Fargo Bank for payment of such check in full upon its presentment for payment.  For 
your misconduct, you received a Article  15 punishment dated 14 May 2004, consisting of rcduction 
to the grade of Airman Basic, suspended forfeiture of $596 pay per month for 2 months, and a 
reprimand.  (Atch  1) 

b.  You did, at or near New Mexico, on or about 1 May 2004, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: Bldg 35.  You did, at or near New Mexico, 
on or about 3 May 2004, without authority, fail to go at the time prescribed to your appointed placc 
of duty, to wit: Bldg 35.  For your misconduct, you received a Letter of Reprimand dated 3 May 
2004. (Atch 2) 

c.  Investigation has disclosed that on or about 29 April 2004, at or near Holloman AFB, NM, 
you were detained by Alamogordo Department of Public Safety for speeding, expired registration, 
and a suspended driver's  license.  For your misconduct, you received a Letter of Reprimand dated 
29 April 2004.  (Atch 3) 

d.  You, being indebted to Otero Federal Credit Union in the excess of $500 for monthly 

payment of a car loan, which amount became due, did at or near Alamogordo, NM, from on or 
about 15 February 2004, dishonorably fail to pay said debt.  Furthermore, you, being indebted to 
Rainbow Credit Center in the sum of $92 1.83 for monthly payment of a loan, which amount 
became due, did at or near Alarnogordo, NM, from on or about 15 February 2004, dishonorably fail 
to pay said debt. For your misconduct, you received a Letter of Reprimand dated 3 1 March 2004. 
(Atch 4) 

e.  You, having knowledge of a lawful order issued by MSgti 

1 49 SFS, First Sergeant, 
to gather a list of your bills and-bsye them broken down by the 1  and the 1 5th of the month and to 
have them presented to TS~~,-------L 
Holloman AFB, NM, on or about 9 January 2004, fail to obey the same by not presenting these 
documents as instructed.  For your misconduct, you received a Letter of Reprimand dated 
15 January 2004. (Atch 5) 

an order which it was your duty to obey, did at or near 

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f. You, being indebted to Otero Federal Credit Union in the excess of $1300 for monthly 

payment of a car loan, which amount became due, did at or near Alamogordo, NM, between on or 
about 15 September 2003 and on or about 14 January 2004, dishonorably fail to pay said debt.  For 
your misconduct, you received a Letter of Reprimand dated 14 January 2004.  (Atch 6) 

g.  You, who knew, or should have known of your duties, at or near Holloman AFB, NM, on or 

about 5 January 2004, were derelict in the performance of those duties in that you failed to 
maintain your government quarters.  For your misconduct, you received a Letter of Reprimand 
dated 9 January 2004.  (Atch 7) 

h.  You did, at or near New Mexico, on or about 22 December 2003, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit: Housing Inspection.  You, who 
knew, or should have known of your duties, at or near Holloman AFB, NM, on or about 
24 December 2004, were derelict in the performance of those duties in that you failed to maintain 
your government quarters.  For your misconduct, you received a Letter of Reprimand dated 
24 December 2003.  (Atch 8) 

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 
higher authority will decide whether you will be discharged or retained in the United States Air 
Force and, if you are discharged, how your service will be characterized. If you are discharged, you 
will be ineligible for reenlistment in the Air Force and any special pay, bonus, or education 
assistance funds may be subject to recoupment. The separation authority will make the findings and 
recommendations required under  10 U.S.C. Section 2005(g). 
4.  You have the right to consult counsel.  Military legal ---------------. 
have made an appointment for you to consult Captain I --------------- 
2

hours.  You may consult civilian counsel at your own expense. 

counsel has been obtained to assist you.  I 

: at Bldg 222, on 

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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 -IL(b &"I  04 
unless you request and 
receive an extension for good cause shown.  I will send the& 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 Family Practice 
Clinic, Family Practice Bldg  15 on ;rlk (A  v u 4  , at  10 ~5 

hours for the examination. 

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8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974.  A copy 
of AFT 36-3208 is available for your use at 49 FWIJA. 

9.  You must execute the attached receipt and return it to me immediately.  This receipt does not 
admit or deny any of the allegations against you, nor does it mean that you agree with the discharge 
action.  It is simply an acknowledgment that you have received this Letter of Notification. 

.............................................. 
Commander 

Attachments: 
1.  Article 15, 14 May 2004 
2.  Letter of Reprimand, 3 May 2004 
3.  Letter of Reprimand, 29 April 2004 
4,  Letter of Reprimand, 3 1 March 2004 
5.  Letter of Reprimand, 15 January 2004 
6.  Letter of Reprimand, 14 January 2004 
7.  Letter of Reprimand, 9 January 2004 
8.  Letter of Reprimand, 24 December 2003