VAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI.) 

GHAIIE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

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RECORDREVIEW 

NAME OF COllNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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:ypE  GEN 

"UN'pL 

YES 

Nn 

X 

HEARING  DATE 

Case heard  in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance witwwithout counsel, and the right to submit an 
application to the AFBCVIR. 

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

TO. 

SAFIMRBR 
550 C STREE 1 WEST. StJITE 30 
RANI1OI.PH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

PROM: 

SECRETARY  OF THb AIR  FORCE PERSONNEL COUNCIL 
AIR kORCE DISCIIARGE REVIEW BOARD 
1535 COMMAND DR, EE WING. .3RD  FLOOR 
ANDXEWS AFB, MD 20762-IOU2 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

VASE NLIMBER 

FD-2006-00285 

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

The applicant was offered a personal appearance before the Discharge Review Hoard  (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.  Although not explicitly stated, applicant contends discharge was inequitable because it was too 
harsh.  He states there were issues beyond his control and that he began to experience severe emotional and 
financial problems.  The records indicated the applicant received an Article  15, a Vacation, four  1,etters of 
Reprimand, a Letter of Counseling, and seven Records of Individual Counseling for misconduct.  The 
applicant received an Article  15 for failure to go at the prescribed time to his appointed place of duty.  He 
was punished with a suspended reduction in grade to Airman First Class, twenty days extra duty, and a 
reprimand.  His promotion was vacated for driving his car in a reckless manner at an extremely high rate of 
speed.  The applicant was administratively disciplined on numerous occasions Ibr being late for work, 
disobeying a direct order, financial irresponsibiliiy, drinking after the cutoff to report for duty in a sober 
state, failure to go, and continual tardiness to duty.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the 
applicant's 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. 

Issue 2.  The DRB was pleased to see that the applicant is doing well, has a good job and continuing his 
education.  However, no inequity or impropricty in his discharge was suggested or found in thc course of the 
hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

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 providcd full administrative due proccss. 

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 AlC)  (HGH SRA) 

r..-..-..-....-..-.-------------J 

1.  MATTER  UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Cannon AFB, NM on 20 Jul 
05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Dec 79.  Enlmt Age: 20 5/12.  Disch Age: 25 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-72,  G-76,  M-73. PAFSC: 2W051 - Munitions Systems 
Journeyman. DIIS: 2 Dec 00. 

b.  Prior Sv: (1) AFRes 16 Jun 00 -  12 Jul 00  (27 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 13 Jul 00 for 6 yrs. Svd: 05 Yrs 00 Mo 08 Das, all AMS. 

b.  Grade Status:  A1C -  26 Apr 05  (Vacation of Article 15, 28 Jun 05) 

SrA -  13 NOV 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Jun 05, Vacation, Cannon AFB, NM  -  Article 111.  You 
did, at or near Clovis, New Mexico, on or about 18 Jun 
05, at or near the intersection of Prince and 8th Street 
operate a vehicle, to wit: a passenger car in a reckless 
manner by driving at an extremely high rate of speed. 
Reduction to AlC.  (No appeal) (No mitigation) 

( 2 )  26 Apr 05, Cannon AFB, NM  -  Article 86.  You did, on or 

about 12 Apr 05, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
27th Equipment Maintenance Squadron, building 2123. 
Suspended reduction to AlC.  Twenty days extra duty, and 
a reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 18 MAR 05 -  Late for work. 
LOC, 07 DEC 04 -  Late for work. 
RIC, 19 DEC 03 -  Late for work. 
LOR, 12 AUG 03 -  Drinking after the cutoff to report for 

duty in a sober state, failure to go, 
dereliction of duty, and disobeying a 
direct order. 

LOR, 27 FEB 03 -  Disobeying a direct order. 
LOR, 18 MAR 03 -  Financial irresponsibility. 
RIC, 25 FEB 03 -  Late for duty. 

RIC, 19 FEB 03 -  Financial irresponsibility. 
RIC,  31 OCT 02 -  Failure to go. 
RIC,  31 OCT 02 -  Financial irresponsibility. 
RIC, 05 AUG 02 - Unable to contact for weekend duty. 
RIC, 22 JUL  02 -  Continual tardiness to duty. 

f.  CM:  None. 

g.  Record of SV: 13 Jul 00 -  15 Jan 02  Cannon AFB  5  (HAF Dir) 

16 Jan 02 -  21 Nov 02  Cannon AFB  4  (CRO) 
22 Nov 02 -  30 Sep 03  Cannon AFB  2  (CROIREF 
01 OCT 03 -  30 SEP 04  Cannon AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, GWOTSM, AFOUA, BMTHGR, AFGCM. 

i.  Stmt of Sv:  TMS:  (05) Yrs (01) MOS  (05) Das 
TAMS:  (05) Yrs  (00) Mos  (08) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Jul 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Notification Memorandum With Response. 
3 .   Medical Documents. 
4. DD Form 214. 
5. State of New Mexico Uniform Incident Report. 
6. Clovis Police Background Check. 
7. Three Internet News Articles. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read inst~diond on Pages 3 and 4 BEFORE completing this app1ication.l 

OMB No. 0704-0004 
OMB approval expims 
Aug 31,2006 

The publh repmhg burdm tot thk  o o l l e o t l ~  of informnbn IJ  estirnmd to mvrege 30 mhutw p r  nrporur,  Including the tlm for  mvlmwlng Inmuctbnr,  reamking exlmlng deb lourcer. 
gathering md mllnuhhg ch. data medmd,  wd wmplmtlnp rd revlewlng th. colloctbn of Infotmalh.  Send eomrmnu rogudlng thlr bwdon ertlmne or eny other aspect of thlr collection 
of information hdudhg augg.stlont tor reducing thw b w h ,  to the Dqutmnt of Dofmre, Exurnln b m k e r  Oireetorlu 107024004). Ro;pondmts  should be awom thn nonvlth~tmdlng 
any  othu provlalon of  Imw,  no p r r o n  *dl  be r u b w  to m y   mnrliy kt fallhg t. comply whh  l colba'don of hformmlon il It doer  not dhplmy  a currently valid OM8 conwol numbw. 
PLEASE DO  NOT RETURN YOUR  FORM TO  THE A B O ~  OROANltAflON.  RETURN COMPLETE0  FORM TO  THE APPROPRIATE ADDRESS  ON  BACK  OF  THIS 
. . 
PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSE(S1:  To apply for a change i n  the characterization or reason for military discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure t o  provide identifying information may impede processing of this application.  The request for 
Social Securitv Number is strictlv t o  assure wooer identification of the indlvidual and a ~ ~ r o ~ r i a t e  
record*. 
1.  APPLICANT DATA  (The peraon whose discharge Is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
I % I AIR FORCE 
a.  BRANCH OF SERVICE lX om)  I 
b.  N W E  l k i ,  Eirar.  Middk Ir(tid1. -. . -. . -. . . . -. . -. . -. . . . - . 

0.  ORADEIRANK AT DISCHARGE 

I MARINE CORPS 

IIRGIAC.IBF!PJTYJ!!M.B.EI?. 

( COAST QUARD 

( ARMY  I 

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-. . -. 

1 NAVY 
E-3 / AIC 

L - - - - - - - - - - - - - -  

2.  OAT E OF DISCHARGE OR  SEPARATION 
(YYYYMMDOI /If dato is more than  15 yaer$ 
ago, submit e DO Form  1491 

*a721 

3.  UNIT AND LOCATION A T  DISCHARGE 

- 

OR  SEPARATION 

37 EMS  CMJmtJ ArB 

4.  DISCHARGE CHARACTERlZAllON RECEIVED (X ond 

HONORABLE 
QENERAVUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT ISpecial cow-mattla1 only1 
UNCHARACTERIZED 
OTHER  /Explain/ 

5.  BOARD ACTION REQUESTED (X one) 
X 

CHANGE TO  HONORABLE 
CHANGE TO  f ENERAWNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERUED 
/Not app/lcable for Alr Force) 
CHANGE NARRATNE REASON FOR 
SEPARATION TO: 

6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REQUEST ED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem  14.  See instructions on 

+ 

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7. IX if applicaWe) AN APPLICAT ION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD) 

AND THIS FORM IS SUBMITTED TO ADD ADDlT IONAL ISSUES,  JUSTIFICATION, OR EVIDENCE. 

ierse  end coplss 

vani to  our cats 

uwuduu?r 

ocuments or medical rcco  s *re r 

k whfi.m+io* 
 

8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE  SUBMIlTED AS EVIDENCE: (Continue h ltem  17. 
If m7iis 
0ht1dM)iou  ~uwoJuuEob $ 7 ~  ' ~ C C  Cor  dl~duul  w  M U U ~ Q Q ~ H  
2 )  B Q ~
3)  did Bard wporl ~hwri ug p w Y  *l  ddurvd 40  Lift WIlS ~vpporL & krw+ 
9.  TYPE OF REVIEW REQUEST ED IX one) 
X 

CONDUCT A RECORD REVIEW OF MY DISCHAROE BASED ON  MY MIUTARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITLED BY ME.  I ANDlOR kounssVrepe*~ntrthI WILL NOT APPEAR  BEFORE THE BOARD. 
I ANDlOR (counseVrepre~entrtIve) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINOTON,  D.C.  METROPOUTAN AREA, 
I AND/OR  kounse~representative) WlSH TO  APPEAR  AT A HWRING AT NO EXPENSE TO THE QOVERNMENT BEFORE A TRAVELINQ PANEL CLOSEST TO 
(NOTE:  The Nevy Di$chwge Review Board does not have a traveling panel.) 
D ADDRESS  I b.  fELEPMONE  NUMBER Ilnclude Area Code) 

dirckMp  frbfi'~(h~($vid  E . T o - , ~  

(See Item  10 of the instructions about counseVmp?osentrtive.) 

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8 .   E-MAIL 

d.  FAX NUMBER /Include Area Codel 

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11.  APPI-ICANT MUST SIGN IN ITEM 13.8. BELOW. 

If tho rowrd in quertlon Is that of a kcemaed or incampetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  I f  the application lr aignad by other than the applicant,  indicate 
the name /print1 
SPOUSE 

and relationahlp by marking r box below. 
LEGAL REPRESENTATIVE 

OTHER f~pecifyl 

NEXT OF  KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS Of  APPLICANT OR PERSON ABOVE 

lForwwd notification of any chmga in eddrsa~.) 

-------------------------------, 

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b,- - W m u F - N L ' M P c m  llnclude Areb  Code) 
q.  6 L . .  . -. . -. . -. . . . - . . - . -- . . - . - . . - . . , 
d.  FAX NUMBER /Include Area  Codel 

or both.) 
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b.  DATE SlONEO - REQUIRED 

lYYYYMMDD) 

293, mR  2004 

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PREVIOUS EDITIONS ARE OBSOLETE. 

. 

. 

(Do not  write in this space.) 

I 

Page 1 of 4 Pages 

p-6  +9a2t85 

14. CONTINUATION OF ITEM 6,  ISSUES (If applc11Me1 

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16.  CONTINUATION OF ITEM 8, SU~PORTING PlDCUMENTS /If applicablel 
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16. REMARKS (If applicable) 

A''  d!-k~ i v j ~ - - q  h i h l w l d  U. 

ara 

b au  AUUO h o p .  z, v r g ~ d ~ ~ ~  @ u i d ~ ~ ~ ,  

dd  idad B W ~  AA 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS  BELOW. 

I 

ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
9700 Page Avenue 
St. Louis,  MO  63132-6200 
[See http:Ilarba.arrny.pantagon.mil) 

AIR  FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
5 5 0 4  Street West.  Suite 40 
Randolph AFB,  TX  781 50-4742 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRBI 
Washington Navy Yard,  DC  20374-5023 

COASTGUARD 

US. Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W.  Room 5600 
Washington,  DC  20593 

I 

DD FORM 293, MAR 2004 

Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 27 th FIGHTER WINO (ACC) 
CANNON AIR FORCE BASE NEW MEXICO 

# 

'29 JUN 2005 

FROM:  27 EMSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions.  The authority for this action is AFPD 36-32 and AFI 
36-3208, paragraph 5.49.  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 or about 22 Jul02, you failed to report to your appointed place of duty on time for the 
third time in six work days, as evidenced by Written Counseling, dated 22 Jul02.  (Atch a) 

b.  On or about 2 Aug 02, you were unavailable for duty while on standby, as evidenced by 
Written Counseling, dated 5 Aug 02.  (Atch b) 

c.  On or about 31 Oct 02, you bounced a check, as evidenced by Written Counseling, dated 
3 1 Oct 02.  (Atch c) 

d.  On or about 3 1 Oct 02, you were late to work, as evidenced by Written Counseling, dated 
3 1 Oct 02.  (Atch d) 

e.  On or about 19 Feb 03, you were 30 days delinquent on your base club credit card, as 
evidenced by Written Counseling, dated 19 Feb 03.  (Atch e) 

f.  On or about 21 Feb 03 and on or about 24 Feb 03, you failed report to your appointed place of 
duty on time, as evidenced by Written Counseling, dated 25 Feb 03.  (Atch f) 

g,  On or about 27 Feb 03, you disobeyed your NCOIC's  direct order to report to his office, as 
evidenced by Letter of Reprimand, dated 27 Feb 03. (Atch h) 

h.  On or about 18 Mar 03, you had three past due debts, as evidenced by Letter of Reprimand, 
dated 18 Mar 03.  (Atch g) 

i,  On numerous occasions in March and July 2003, you failed to report to your appointed place 
of duty on time.  In addition, you failed to refrain from drinking alcohol after the cutoff to report 
for duty in a sober state, as evidenced by Letter of Reprimand, dated 12 Aug 03.  (Atch i) 

f 

j. On or about 19 Dec 03, you failed to report to your appointed place of duty on time, as 
evidenced by Written Counseling, dated 19 Dec 03,  (Atch j) 

k.  On or about 6 Dec 04, you failed to report to your appointed place of duty on time, as 
evidenced by Letter of Counseling, dated 7 Dec 04.  (Atch k) 

1.  On or about 18 Mar 05, you failed to report to your appointed place of duty on time, as 
evidenced by Letter of Reprimand, dated 18 Mar 05.  (Atch 1) 

m.  On or about 12 Apr 05, you failed to report to your appointed place of duty on time, as 
evidenced by Article 15 action, dated 26 Apr 05.  (Atch m) 

n.  On or about 18 Jun 05, you drove your vehicle in, a reckless manner, as evidenced by Article 
15 vacation action, dated 28 Sun 05.  (Atch n) 

3.  Copies of the documents to be forwarded 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 in the Air Force, and any special pay, bonuses, or education assistance funds 
may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
An appointment will be made for you to consult with a military legal counsel from the Cannon 
AFB Area Defense Counsel's Office at building 600, ext. 2915.  You may consult civilian 
counsel at your own expense. 

5, You have the right to submit statements on your own behalf  Any statements you want the 
separation authority to consider must reach me within 3 duty days from today 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 on your own behalf, your failure will 
constitute% waiver of your right to do so, 
7.  You will complete a medical examination at the 27th Medical Group on  3 0  Tun u < at 
1 5 ~ 5  
hours. 

8.  Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. 

A copy of AFI 36-3208 is available for your use in your unit orderly room, or you may download 
a copy from http.J/afi,ubs.hq.af.mi I/. 

Attachments: 
a.  Written Counseling, dated 22 Jul02 
b. Written Counseling, dated 5 Aug 02 
c.  Written Counseling, dated 3 1 Oct 02 
d.  Written Counseling, dated 31 Oct 02 
e.  Written Counseling, dated 19 Feb 03 
f. .Written Counseling, dated 25 Feb 03 
g. Letter of Reprimand, dated 18 Mar 03 
h. Letter of Reprimand, dated 27 Feb 03 
i.  ZRtter of Reprimand, dated 12 Aug 03 
j,  Written Counseling, dated 19 Dec 03 
k.  Latter of Counseling, dated 7 Dec 04 
1.  Letter of Reprimand, dated 18 Mar 05 
m. Article 15 action, dated 26 Apr 05 
n, Article 15 vacation action, dated 28 Jun 05