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AF | DRB | CY2007 | FD2006-00312
Original file (FD2006-00312.pdf) Auto-classification: Denied
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 

I 

GEN 

UOTHC 

1 

OTHFR 

I 

DENY 

INDEX NllMRER 

A67.10 

EXHIBITS SUBMITTED TO THE BOARa 

I  ORDER APPOINTING THE BOARD 

1 
I  I 
2  1  APPI,ICA'[.ION FOK KFVIEW 
3  1  LETTER OF NOTIFICATION 
4 
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

.

 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 

1 

~ 

I 
I 

I 

1 

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) 
I 

I 

I 

I  i 

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 

-  - -~~~ 7 

.

.

 

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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