I 

AIR FClRCE DISCHARGE REVIEW BOARD HEARING RECORD 

'NAME  OF SERVICE MEMBER (LAST, FIR61 M l U U l S  INITIAL) 

GRADE 

AMNISSAN 

CouNsEL 

YEb 

No 

I 

I 

I 

I 

AIC 
I 

I 

x 

RECORDREVIEW 

'AM,  OF COUNSEL AND OR ORGANILA 1 ION 

AIIDRFSS AND OR ORGANIZATION OF COUNSLI, 

MEMBER SITTING 

-- 

IlON 

' *  

I 

V0'1'K OF THE BOARD 

UOTHC 

0 I HER 

DENY 

A= 

GEN 

I 

I 

i 

I 
EXHIBITS SUBMITTED T O  THE BOARD 

I 

I 

I 

HEAHING OA'CB 

I 

CASE NUhlBEK 

I 
2 
3 
4 

ORDER APPOINTING  TI IE  HOARD 
APPLICATION  FOK  HEVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OI' PERSONNEI. FILE 
COIJNSEL'S  RELEASE TO 'I'tlB  HOARD 
ADDITIONAL EXHIDI'I'S SUHMITTED AT TIME OF 
PERSONAL APPhARANCE 
TAPE RECORDING 01; I'ERSONAL  APPEARANCE  I If< -- 

08 Mar 2007 
APPLICANT'S  ISSI'E  .4KD THF ROARD S  DEClSlOUAl  RATlON4L ARE DlSfCSSED Oh  I H t  A T I M  HFD  41R  FORCr DISCIi4RGE RFVIEW BOARD DECISIONAL K41IONAI.F 

I 

I 

(  FD-2006-00313 

1  Case heard in Washington,  D.C. 

Advise applicant ol'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 availablc to the applicant at the applicant's  request. 

+ RE Code 
* Reason and Authority 

I ;.-..-..-....-..-..-.-..-..-....-..-..-.-..-..-....-..-..-.-..-..-....-..-..-.-..-..-....-..-..-.-..-..-...4 

1 1 1 .  

SAI'IMRHK 
550 C S T E E T  WEST, SUITE 40 
RANDOLPH AFU, 'I'X  78150-4732 

ISDORSE~IEST 

'  FRO\( 

DATE:  3/Y/ZUU7 

StCHL IAHI  Ok'  I  H F  AIR  FORCF PFRSOhhCL  ( 0 1  hCIL 
AIR  FORCC Dl\(  II \RCE RE\ ILH  8 0 \ H U  
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be  used 

J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FU-2006-oo3 13 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment  cligibility (RE) code. 

The applicant was offered a personal  appearance before the Discharge Review Board (DKB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The  board  grants  partial  relief.  Discharge  is  upgraded  to  Honorable.  However,  change  01. 
reason and authority for the discharge and change of RE code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's  characterization for discharge inequitable. 

ISSUE:  Applicant  contends his discharge  was inequitable  because  it was too  harsh.  'lhe Board  reviewed 
the entire record  and found evidence of an inequity  in  this case on  which to basc  an  upgrade  of discharge. 
The records  indicated  the  applicant received  three  Letters  of  Reprillland and  one Letter  of Counseling for 
misconduct.  'The  misconduct  included failure to  evacuate during a fire drill, failure to go, tobacco  found in 
room  during  Phase  1 training,  and  driving  a  vehicle  while  in  Phase  1 training.  The  Board  noted  that  all 
incidents  occurred  within  the  span  of  four  days.  The  DRB opined  that  the  applicant was not  provided  an 
adequate  period  for  probation  and  rehabilitation.  The  Board  concluded  there  was  sufficient  mitigation  to 
substantiate upgrade of the discharge. Specif-ically, the Board found the characterization too harsh. 

CONCLUSIONS: 
'I'he  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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by  an 1-lonorable. The applicant's  charactcrization  should bc 
changed to Honorable under the provisions of Title  10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AB) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Lackland AFB, TX on 18 
Nov 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, and Reason for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Jun 84.  Enlmt Age: 19 3/12.  Disch Age: 20 5/12. Educ: H S   DIPL. 

AFQT: N/A.  A-74,  E-76,  G-80,  M-77. PAFSC: 3MOll -  Services Helper. DAS: 31 
May 04. 

b.  Prior Sv: (1) APRes 23 Sep 03 -  08 Mar 04  (5 mos 16 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 9 Mar 04 for 6  years. Svd: 00 Yrs 08 Mo 10 Das, all AMS. 

b.  Grade Status:  None.  (No indication that applicant was ever promoted) 

c.  Time Lost:  None. 

d.  Art  15,s:  None. 

e.  Additional: LOC, 14 OCT 04 -  Failed to evacuate during fire drill. 

LOR, 14 OCT 04 -  Failure to go to mandatory meeting, seen 

at EX. 

LOR, 17 OCT 04 -  Tobacco found in room against phase rules. 
LOR, 17 OCT 04 -  Drove vehicle off base while in phase 1. 
(EXAMINERS NOTE: LOC and LORs missing from Discharge 
package.  Information taken from Notification Memorandum) 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (01) Mos  126) D a s  
TAMS: (00) Yrs  (08) Mos  (10) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Oct 06. 

(Change Discharge to Honorable, and Change the RE code, and Reason for 

Discharge. ) 

Issue 1:  I feel that I was punished for breaking rules and regulations that 

I was improperly briefed about upon reporting for duty at 344 TRS at Lackland 
AFB.  When I in-processed at the 344 TRS my briefing was conducted by S S g t   Rile. 
My entire briefing lasted no more than 15 minutes.  The rules and regulations 
were explained to me as being the same as Keesler AFB.  The only rules that were 
explained were the rules reguarding under age drinking and proper hydration. 
Until recently I had no idea that I could do anything about my discharge.  I 
would like to request a chage in my reentry code from 2 B   to a code that would 
allow me to reenlist. 

ATCH 
1.  MTF/Base Mandatory In-Processing Briefings. 
2.  AF  Form 1 0 0  
3.  Two copies of AF  Form 214. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

1 
! : 

I 
I 

~ 

I 

FROM:  344 TRSDOM 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The basis for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.49.  If my 
recommendation is approved, your service could be characterized as Honorable or as Under 
Honorable Conditions (General) Discharge.  I am recommending your service be characterized as 
General. 

2.  My reasons for this action are: 

a.  On 13 Oct 04, you didn't  evacuate the dorm for a fire drill, and you were not found during 

accountability. As a result, you received a Letter of Counseling (LOC), dated 14 Oct 04. 

b.  On 14 Oct 04, you did not show up for a mandatory details meeting, but you were seen at 
the BX by an officer.  As a result, you received a Letter of Reprimand (LOR) dated 14 Oct 04. 

c.  On 15 Oct 04, tobacco was found in your room.  As a result, you received an LOR dated 

17 Oct 04. 

d.  On 17 Oct 04, you drove your vehicle off base while in phase I.  As a result, you received 

an LOR dated 17 Oct 04. 

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. 

4.  You have the right to consult counsel.  If you wish to consult military counsel, a11 appoiiltment 
will be made upon your request and the date, time and place will be provided.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf. 
separation authority to consider must reach me by (3 workdays) 
request and receivc ,an extension for good cause shown.  I will send them to the separation 
authority. 

statements you want the 
unless you 

6.  If you fail to consult counsel or to submit statements on 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 Bldg 6612, Room 
502, Monday - Friday between  1300 - 1500 hours with your medical, immunization, and dental 
records for the examination. 

8.  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 the Unit Personnel Office. 

9.  Execute the attached acknowledgment and return it to me immediately. 

: 
i 
i 

I 
i 

Commander, Military Training Flight 

Attachments: 
1. AETC Form 125A, dated 2 1 Oct 04 
2.  Student Training Report 
3.  Letter of Counseling, dated 14 Oct 04 
4.  Letter of Reprimand, dated 14 Oct 04 
5.  Letter of Reprimand, dated 17 Oct 04 
6.  Letter of Reprimand, dated 17 Oct 04