I
1 NAMK OF SERVICE MEMBER ( I A S T , FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
1 GRADE
1 ABSNISSAN
MEMBER SITTING
HON
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GEN
UOTHC
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OTHFR
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DENY
INDEX NllMRER
A67.10
EXHIBITS SUBMITTED TO THE BOARa
I ORDER APPOINTING THE BOARD
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2 1 APPI,ICA'[.ION FOK KFVIEW
3 1 LETTER OF NOTIFICATION
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BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE '1'0 '1'1 lE HOARD
ADL)l'I'IONAL EXHIUI'I'S SUHMITTET) AT TIME OF
I'ERSONAI. AI'I'FAKANCF
IIISCHARGE
1
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I'APF . RFC .: ORr)IN(; OF PERSONAL API'CARANCII
t1L:
1
HEARING DATE
CASE NUMBER
2 1 Feb 2007
APPI.ICANT'S ISSUE AhL, THk BOARD'S DECISIOI'IAL RATIONALE ARE DlSCUSbED O h 1 HE AITACHED AIK kORCE DISCHARGE REVLEU' B O A W 1)E( ISlOhAI. WATI0NAI.F
FD-2006-003 12
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 sub~nit an
application to the AFBCMR.
1 Names and votes will be made available to the applicant at the applicant's request.
* Reason and Authority
3. Reenlistment Code
1 " '
SAF/MRHR
550 C STRBLT WEST, SUITE 1"
RANDOLPH AFB, 1'X 781 50-4742
I FROM.
SECRET \R1 OF T H t AIR FORC t PLRSO\ht 1 ( 0 1 h ( l l
Z1R FORCE DISCII \R(.E RE\ 1EU BOZRD
lS3SCO\IMAhD DR. EE UlhC.3RD FLOOR
ANDREWS AFB, M D 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00312
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reeillistmeilt code.
The applicant was offered a personal appearance bel'ore the Discharge lieview Board (DII'B) 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, change of reason and authority for discharge, and change of
reenlistment code are 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.
ISSCTE:
Applicant contends that he should not be penalized indefinitely for mistakes he made when he was youilg
and immature. He admits that he was having family problems. I-Te has expressed a desire to have his
discharge upgraded to allow for reenlistment into the armed forces. The DRB recognized the applicant was
19 years of age when the discharge took place. However, there is no evidence he was immature or did not
know right from wrong. The applicant received an Article 15 and five Letters ol' Repriinand for misconduct.
He received an Article 15 for being absent from his unit for 9 days. He was punished with forfeiture of pay
for two months and 30 days of correctional custody. He also was administratively disciplined for failure to
obey an order, violation of curfew, failure to go, and violation of Phase. 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 membcrs.
'The
DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.
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 Briei'
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH AB)
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr USAF Sheppard AFB, TX on 2
Oct 02 UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary ~nfractions).
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge.
2. BACKGROUND:
a. DOB: 22 Jun 83. Enlmt Age: 18 4/12. Disch Age: 19 3/12. Educ: HS DIPL.
AFQT: N/A. A-39, E-31, G-44, M-43. PAFSC: 4NOll - Medical Service Helper.
DAS: 3 Jul 02.
b. Prior Sv: (1) AFRes 24 Oct 01 - 4 Feb 02 (3 months 11 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 5 Feb 02 for 4 yrs. Svd: 00 Yrs 07 Mo 27 Das, of which
AMS is 00 Yrs 07 Mos 19 days (excludes 9 days lost time).
b. Grade Status: None.
c. Time Lost: 21 Jul 02 thru 29 Jul 02 (9 days).
d. Art 15's: (1) 21 Aug 02, Sheppard AFB, TX - Article 86. You did, on
or about 20 Jul 02, without authority, absent yourself
from your unit, to wit: 383d Training Squadron, Located
at Sheppard AFB, Texas, and did remain so absent until
on or about 30 Jul 02. Forfeiture of $250.00 pay per
month for 2 months and 30 days correctional custody.
(No appeal) (No mitigation)
e. Additional: AETC 125A, 15 AUG 02 - Removed from training.
LOR, 06 AUG 02 - Violation of Phase I by going downtown
LOR, 15 JUL 02 - Failure to follow direction, missed
dressed in civilian clothes.
morning formation, missed class start
briefing, failure to read MTT boards,
missed GI party, and broke curfew.
LOR, 23 MAY 02 - Failure to go.
LOR, 20 MAY 02 - Violation of curfew and failure to go.
LOR, 06 MAY 02 - Failed to obey an order or regulation.
f. CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR, NDSM.
9, TYPE OF REVIEW REQUESTED IX one)
X
CONDUCT A RECORO W l O N OF MY DISCHARGE BASED ON MY MILITARY PUlMINNEL FILE AND ANY ADDlTlONU DOCUMENTATION
8 U m BV Me, I ANOIOR IEW-rarEvuI
I AND/OR (~0~11w##pwent8t/w/ WIBH TO APPEAR AT A HEARlNQ AT NO EXPENSE TO THE QOVERNMENf BEFORE T HE BOARD W THE
WASHINGTON, D.C. METROPOUTAN AAEA.
1 AND/OR ( c o u ~ U h ~ ~ O n t a t i w / WISH TO APPEAR AT A HEARING AT NO EXPENSE TO M E QOVERNMENT BEFOR@ A VIAVOJNQ PANU CLOSEST f 0
(NOTE: T b k v y Dkch.rpe Rovtcw Beard does not haw 8 lnWng penel.)
lentor c&y and data/
W I U NOT APPE;4R BEFORE THE BOARD.
10.a. COUPk3mREPRESENfATIVE (If any) NAME (Lust, F&M, MIddla /nh&/) AND ADDRESS I b. TELEPHONE NUMBER llncluds Ama C d d
11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record In quwtlon Is that of a clacoasmd or Incompetent w o n , LEGAL PROOF OF
DEATH OR INCOMPEtENCY MUST ACCOMPANY THE APPUCAflON. If the mp H d o n 1. rl-d
the name fHntI
mnd nl~~tlon~!l~ by mvking box M o w .
by other thm ttm mpplicont. lndlcnte
d. FAX NUMBER (lmluda Am8 Code)
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d. FAX NUMBER (lnekdo Aroa Cod4
CASE NUMBER
{Do not write in this space.)
13. CERTlFICAnON.
pendtlel lnvalvd for willMly rnadg a falm atatomont or cldrn. ~u.s. Code, ThIe 18, 7 Sse ns Of 287
I
I make thb fore dng stammmts, m prrrt of m ddm, wfth full kno
and 1001, provide that en IndivMuul shall k Iinrd under 1Ns rith or imjni~ned not mon than 5 years,
or both. J
tho
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a- ~~PPNA~:.R~V!?C?
! & ~ . r ~ ~ o ( ~ r p o n . &
Aam .?l;.bov8)
b. DATE SIGNED - REQUIRED
I ~ b A y
I WYYMMDDI
21
DD FORM 293, MAR 2004
.PREVIOUS EDITIONS ARE OBSOLETE.
,
. Pago 1 of 4 Pags
Dear Sir/Malam,
I am requesting my discharge code to be upgraded to an honorable discharge, enabling
me to rejoin military service, specifically the Army. I was discharged h m active duty at
Sheppard Air Force Base, during my technical training. This discharge does not allow
me to re-join the Air Force or any other branch of service, such as the army. At the time
of my enlistment, I was going through a lot of family problems and I was too young and
immatm to bandle the responsibilities of the Air Force. I've made many mistakes along
the way, but getting myself discharged from the Air Force bas been my biggest. With
your help, I am hoping to turn that mistake around. Since my separation from the Air
Forcc, I have maturd drastically. I understand what responsibility and accountability
mean+ I re_cently+&x!i!mJJe's
-. --.
my son to be proud of me. Look up to me. Even maybe want to be like me. I know he
will, if I'm able to become a responsible military service member again. I take full
responsibility for the actions that rendered me incompatible with military service. I now
understand what it means to be responsible, accountable, and bave people depend on
you Characteristics a service member must have, and I have acquired all of them, When
and if I am able to take the oath again, I assure you my core values will remain an
integral part of my life, and I will not let you down. Please enable me to undo this
mistake by upgrading my discharge code and allow me to take a productive part in the
world's greatest military, If I am unable to re-join the service, my plans are to join the
Army. With every thing going on in the world today, the army needs strong dedicated
people. I know I am ready for this responsibility now, but I can't prove it without your
help. Thank you for the time you take to review this letter and application.
m e mw9 nt38
g Me.3 m --
Sincerely,
that you failed to adhm to daily call to quarters and to rrmsio in proper military u.form, as it
was your duty to do. For this misconduct and subparagraph "g" below, you received an LOR on
20 May 02.
g. You did, at or near Sheppard AFB TX, on or about 19 May 02, without authority, fail to go
at the-weprescribed to your appointed place of duty, to wit: open wall lockers inspection with
ssgtl------J
h. You did, at or near Naval Air Station Pensacola FL, on or about 3 May 02 and on or about
6 May 02, without authority, fail to go to your appointed place of duty at the prescribed time, to
wit: mandatory formation at 0900 for Special Individualized Assistance (SIA). For this
misconduct you received an LOR on 6 May 02.
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 Air Force and, if
you are discharged, how your savice will be characterized. If you are discharged, you will be
ineligible to reenlist in the Air Force and will probably be denied enlistment in any component of
the armed forces,
3. You have the right to consult counsel. Militaq legal
I have made an appointment for you to consult Capt :
S q 02, at 1400 hours. You may consult civilian counsel at your own expense.
- - - - -
has been obtained to assist you.
- - - - :, : at Building 1638, Rm 1 10, on 20
, - - - counsel
4. You have the right to submit statements in your om'behalf Any statements you want the
separation authority to consider must reach me by 24 Sep 02, 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 were scheduled for a medical examination on 20 Sm 02at1030 hours.
7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in your unit .personnel office.
8, Execute the attached acknowledgment and return it to me itnmediately,
-----------------------------------------------------.
Commander, Squadron Section
1168,ABL ------------,
Attachments
1. WR,6AugO2
2. Article 15,21 Aug02
3. AF Form 2098,23 Jul02
4, AF Form 2098,30 Jul02
5. AFForm2098,31 Jul02
6. AF Form 3545,02-07-0126 wll atch
7. Addition to AF Form 3545,02-07-0126, undated
8. DDFom5537 30 JY!-02 - - - - - - - - ,
9. A F ~ ~ n n
10. DD Form 2708,30 JulO2
11. AF Form 1361,22 Jul02
12. 82 SFSICSF memo, 30 Jul02
13. LOR, 15 Jul02
14. LOR, 23 M a y 02
15.
23 May02
16. LOR, 20 May 02
17. LOR, 6 May 02
18. AETC Fonn 125A, 1 5 Aug 02
19, Student Training Report, 02074
20. Airman's Receipt of Notification Memorandum
: 30 Jul02
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The records indicated the applicant received three Letters of Reprimand and two Air Education and Training Command Forms 173, "Student Record of Academic/Nonacademic Counseling." SERVICE UNDER REVIEW: a. Enlisted as AB 23 Apr 02 for 6 yrs. For this misconduct you received an AETC Form 173, Student Record of Academic/Nonacademic Counseling and Comments, on 9 Oct 02. d. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or about 4 Oct 02, were derelict in the...