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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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AMN 

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RECORD REVIEW 

X 
ADUROSS AND OH ORGANIZATION O F  COUNSEL 

VOTE OR @& BOARD 

GEN 

I  UO.';;IC"-T'OTHER I 

DENY 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  GEN 

PERSONAL APPEARANCE 

NAhlE O F  COUNSEL AND O R  ORGANIZATION 

C'UNGEL 

YES 

No 
X 

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MEMBER SITTING 

HON 

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HEARING DATE 

CASE NUMBER 

13 Mar 2007 
WPLICAhT'S  ISSUE AND THE BOARD'S  DECISIOY4L R4TlONAL ARE  DISCUSSED ON THE A11 ACHED AIR  FORCE DISCHARGE  REVIEW BOARD DECISIOKAL  RATlOh'A1.F. 

FD-2006-00300 

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1  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. 

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

T O  

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLI'H  AFB. 'IX  781 50-4742 

AFHQ FORM 0-2077, JAN 00 

-- 

I  FROM: 

SECRETARY  Ok THLAIW b O H C  F PERZOh\EL  C O l l h C I L  
AIR FORCE DISC114RGE REVIE\Y  BOARD 
1939COML14YD DR. EL \YI\C;.3RD  kLOOH 
ANDREWS A F B a l D  20762.70n2 

(EF-VZ) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD UEClSIONAL KATlONALE 

CASE NUMBEI< 

FD-2006-00j00 

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: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received two Article  15s and a Letter of Reprimand for misconduct.  The applicant's first Article  15 was for 
making a false official statement.  IIc was reduced in grade to Airman First Class, suspended forfeiture of 
pay, 5 days extra duty and a reprimand.  The second Article  15 which led to his administrative discharge was 
for failure to go to his appointed place of duty.  He was reduced in grade to Airman and received a 
reprimand.  He was administratively disciplined with a Letter of Reprimand for failure to go on three 
occasions.  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. 

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 be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFBr  MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Pope AFB, NC on 5 Dec 05 
UP AFL 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Dec 80. Enlmt Age: 18 8/12.  Disch Age: 24 11/12. Educ: HS DLPL. 
E-76,  G-57,  M-76. PAFSC: 3E032 -  Electrical Power Production 

AFQT: N/A.  A - 9 5 ,  
Apprentice. DAS: 5 Jun 03. 

b.  Prior Sv: (1) AFRes 26 Aug 99 -  12 Oct 99 (1 month 17 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Amn 13 Oct 99 for 6 yrs.  Extended 19 Dec 03 for 8 months. 

Extended 21 Dec 04 for 13 months. Svd: 06 Yrs 01 Mo 23 Das, all AMS. 

b.  Grade Status:  A m  -  23 Aug 05  (Article 15, 23 Aug 05) 
A1C -  18 Yul 05  (Article 15, 18 Jul 05) 
SrA -  30 Mar 02 
A1C -  30 NOV 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Aug 05, Ramstein AB, Germany -  Article 86.  You, 

did, on or about 21 Jul 05, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Building 859.  Reduction to Airman, and a 
reprimand. (No appeal)  (No mitigation) 

(2) 18 Jul 05, Ramstein AB, Germany -  Article 107.  You, 

did, on or about 21 Jun 05, with intent to deceive, sign 
an official statement, to wit: "On 12 May 05, I was 
attending Speech 100," which statement was false in that 
you did not attend your Speech 100 class on 12 May 05, 
and was then known by you to be so false.  Reduction to 
AlC.  Suspended forfeiture $820.00 pay per month for 2 
months.  Five days extra duty, and a reprimand. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 20 JUN  05 -  Failure to go on three occasions. 

f.  CM:  None. 

DEPARTMENT OF TEE AIR FORCE 

435 AIR BASE WING (USAFE) 

SUBJECT: Notification Letter - Board Hearing 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
In&etions.  The authority for this action is AFPD 36-32, Militmy Retirements undSeparatiom, 
and AFI 36-3208, Administrative Separation of  Airmen, paragraph 5.49.  Copies of the 
documents to be forwarded to the separation authority to support the recommendation are 
attached. 

2.  My reasons for this action are: 

a.  On 21 July 2005, you failed to go to work on time.  For this misconduct, you received an 

Article 15, dated 23 August 2005. 

b.  On 21 June 2005, you made a fdse official statement.  For this misconduct, you received an 

Article 15, dated 18 July 2005. 

c.  On l

i ~ a ~  

2005, you failed to show up for your first day of Airman Leadership School 
(ALS). Additionally, on 16 & 17 June 2005, you failed to go to work.  For this misconduct, you 
received a Letter of Reprimand (LOR), dated 20 June 2005. 

3.  This action could result in your separation with an Honorable, Under Honorable Conditions 
(General), or Under Other Than Honorable Conditions (UOTHC) discharge.  I am recommending that 
you receive a Generd discharge.  The commander exercising" Special Court-Martial jurisdiction or a 
higher authority will make the h a 1  decision in this matter.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and will probably be denied enlistment in any component of the 
armed forces, and any special pay, bonus, or education assistance hnds may be subjected to 
recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in Lieu  of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive any 

of your rights. 

5.  You have been scheduled for a medical examination. You must report in uniform with your 
medical records and an escort to your Primary Care Manager on  #dN- 
hours for the examination.  Tell the doctor you need a "separation" physical 
at  47014 
examination. If you wear glasses, you must bring them with you.  If you wear contacts, you must be 
able to remove them. 

2005 

6.  You have the right to consult counsel.  Military legal 
have made an appointment for you to consult with 
Area Defense Counsel, Ramstein AB, GE, Building 2111, DSN 480-218212492 on 
+- 
if the lawyer you request is in the active military service and is reasonably available as determined 
according to AFI 5 1-20 1, Administration of  Military Justice.  In addition to military counsel, you 
have the right to employ civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel,  Civilian counsel, if employed, must be readily available. 

hours,  Instead of the appointed counsel, you may have another, 

2005 at 

. . 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will sign 
it.  If you waive your right to a board hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I will send the statements to the discharge authority 
with the case file to be considered with this recommendation.  If you fail to respond, your failure will 
constitute a waiver of the right to the board hearing. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFI 36-3208, Administrative Separation ofAirrnen, is available for your use in the orderly room. 

9.  If you request a board and you fail to appear without good cause, your failure to appear constitutes 
a waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not completed 
the period of active duty you agreed to serve, you may be subject to recoupment. 

11.  Execute the attached acknowledgement and return it to me immediately. 

C 

* 

* 

Commander 

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Attachments: 
1.  Supporting Documents: 

a.  Article 15, dated 23 August 2005 
b.  Article 15, dated 18 July 2005 
c.  LOR, dated 20 June 2005 

2.  Airman's  Receipt of Notification Memorandum