MEMBER SITTING 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMR 

Names and votes will  be  made available to the applicallt at the applicant's  request. 
*  Reason and Authority 
+  Reenlislnent Code 

SAFIMRDR 
550 C STREET WEST, SUITE 40 
RANDOL.I'I I AFB. 'I'X  781 50-4742 

AIR  FORCE DISCHARGE  REVIEW  HOARD 
1535 COMMAND DR, EE WING.3HIl  YI.OOR 
ANUHKWS AFH, MI) 211761-711112 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edilio~i will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBtiH 

FD-2006-00322 

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

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:  7Jpgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The Board  finds the  applicant  submitted  no  issues  contesting  the  equity or propriety  of the discharge, and 
after a thorough review of the record,  the  Board was unable  to  identify any that  would justify  a change of 
discharge. 

ISSUE: 

Issue 1.  The applicant submitted no issues and realizcd his actions while in the military were unacceptable 
and requested that the review be completed based on the available service record.  He was expressed a desire 
for upgrade of his discharge to allow for reenlistment into the armed forces.  The Board reviewed thc cntire 
record and found no cvidence of impropriety or inequity in this case on which to base an upgrade of 
discharge.  The records indicated the applicant received an Article  15 and six L,ettcrs of Reprimand for 
misconduct.  He received an Article  15 for failing to remain in his dorm from 2100 to 0400 and for stealing 
six CD's from AAFES.  He was punished with a forfeiture of pay and 30 days correctional custody. 
Applicant had additional misconduct in which he was administratively disciplined for leaving place of duty 
without approval, violation of curfew restrictions, underage drinking and violation of Phase  1.  The DRB 
opined that through thcse administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the lnisconduct was a significant departure from conduct expected 
of all military members.  The characterization of the discharge reccived by the applicant was found to be 
appropriate. 

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

CONCLUSIONS:  The  Discharge  Review  Board  coilcludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of  the  discharge  regulation  and  was  within  the  discretion  of thc 
discharge authority and that the applicant was provided full administrative duc 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 AFB,  MD 

(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAP Ft. Leonard Wood AIN, MO 
on 01 Feb 01 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for an Honorable Discharge, and to Change the RE Code, 
Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jun 82.  Enlmt Age: 17 9/12.  Disch Age: 18 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-55,  E-59,  G-53,  M-43. PAFSC: 3E211 -  Pavements and Construction 
Equipment Helper. DAS: 31 Jul 00. 

b.  Prior Sv: (1) AFRes 31 Mar 00 -  13 Jun 00 (2 months 13 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jun 00 for 6 yrs. Svd: 00 Yrs 07 Mo 18 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Oct 00, Ft. Leonard Wood AIN, MO -  Article 92.  You 

did, on or about 15 Sep 00, violate a lawful general 
instruction, to wit: paragraph 5.2.5, SAFBI 36-2902, 
dated 15 Oct 97, by failing to return to and remain in 
your assigned dormitory room from 2100 to 0400.  Article 
121.  You did, on or about 7 Sep 00, steal 6 compact 
discs, of a value of about $77.14, the property of the 
Army Air Force Exchange Service.  Forfeiture of $465.00 
pay and 30 days correctional custody. (No appeal)  (No 
mitigation) 

e.  Additional: 02 JAN 01 -  Removed from training. 

LOR/UIF, 28 DEC 00 -  Leaving place of duty without 

approval. 

LOR, 20 DEC 00 -  Violation of curfew restrictions. 
LOR/UIF, 13 SEP 00 -  Violation of curfew restrictions. 
LOR/UIF, 04 SEP 00 -  Violation of Phase I. 
LOR/UIF, 29 AUG 00 -  Consuming alcoholic beverages 

LOR, 22 AUG 00 - Violation of curfew. 

underage. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (10) Mos  (01) Das 
TAMS:  (00) Yrs  (07) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Aug  06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. DD Form 214. 

- - - ( 
7.  SUPPORTING DOCUMENTS (X as applicable) (Please pht name and Soclel Security Number m each document.) 
[ 
---I 

j  W l U  NOT EE  SUBMIlTED.  REA!X COhlPLkTE REVIEW BASED ON AVAiIABLE SERVllcE RECORDS. 

I 
1  ARE LISTED BELOW AND ARE ArrACHED TO THlS APPLICATION:  ( C m h  ~a  pbba sheet orppw l mas spce Is d.) 

I 

-,""L,,",,,,,-----------*-----------*---------------------------------------------------dd-- 
a.  DoCmENT1: 
DD 214 
b.  WCUMENT 2: 

_ - - - - - r - - * - - - - - - _ - - - - " - - - - - - - - - - - - - - - - - - - - - - a d " - + + - - - - - - - - d - - - - " - - - - " - - - - - - - - - - - - e - - - - - - - - - d  

8.  ISSUES 

The Board wlll consider any Issue submmed by you prlw to closlng the case for dellberation.  The Board will also review the case to 

determine whether there are any Issues that provide a bask for upgrading your dlscharge.  However, the Board Is not requlred to respond In 
wrltlng to issues of concern to you unless those Issues are llsted or  Incorporated by speclflc reference below.  Carefully read the instnrcUons 
that pertain to Block B prior to completing this part of the appllcatlon.  If you need more space, submit additional issues on an attachment. 

to better myselfinmy We.-1 tmdged tbronghdege;&radnateshmd-nowam worfcmg fora large po&y 

4 - t h o a g h t i t ~ c ~  b submit+hi&omrbemue Igeel-theie-entyeodef ghas-I-was discharged-ispdalfy u n ,  
40the experiences-I-havekccd morerecently.Nmtd~ i joined-the military-when E wasinmy -tmm How going an- 
-%only-thing  hoding me back is-the - - 
-25 years ofage; 1 have smng considemtiom -to a x e  agahrrej~inttremili~ 
natumhpentrycode;E tab-fafl-rcspomabilityfbr my actions a d  my lackd-effort to fisfrmykrm: 3ut Ifrave- 
-eH 
- - - 
- c o m p q c a l M P & e ~ h c : . - H m m y ~ ~ a t l g e  from directly warkign withDirecturs and-HumanResonrce - 
manzganentfpr sixteen lwcations Wg-individnalsw-efficientmethods to leverage t e c h n o w  fm p r d  of where 
2-have-me;&wantttrbecume  more proad serving my country agh. This ismyopportunity tu-nmkerightwbati- - 
-stmted at the-zge-&M  arid msuefommd h my career as apart of themiMary.-As welk I enjoy drc-stnrm-in-my- - - 
I&; md have f6md mysel*fta%e-viy-su~~e1firtweh-c5d my om-regiment I ~Dppattmdurge rh6semundrne;uhb;~e 
wh6 mW€hei3deEMaa f6f thls ~6frw$6ff t6 EaiMslef myreqnest i Rave ~m~ch-ro-6f%i, m y  fda8efsMp Is sedon8t-o- - - - 
- - - - - - -  
none, and IIiitvb'3i€&lecll6 go-albiig -Wi€li  ftiy wofkLethk: PMvidiigr BWB d G  bpp6fWGi;r  will b3-mj45i3cLs6iVee - - 
- - - - - - - - - - - - - - - ' - 

T6fc-es;*~-fOOr~Y-O-~ 

16yalv-,-&-d  e-Stablish-a- 

-ca#, Srdefabbo-idn: 

-CCdH"fi 

- - - - - - - - - - - - - - - - - - - - + + - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

I x 

t ---I 1 - - - i THE W

i I HAVE LISTED A W l n O W  ISSUES AS AN ATTACMENT TO THIS APPLICATION. 
: I PRMOUSLY 
I AND AM  COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

SUBhUlTED AN AWCATION ON @th date) 

E

ISSUES SUPERSEDE A l l  PREVIOUSLY I-ED. 

 

l - - - L - - - 3 - - . - - - - - r - - r - * - - - - - - - - - - - C - - - - l - - - - * - - * - - - - - - - - - - - - - - - - - - - - - - - " - * - - - - - - - - q - - - - - - - - .  
9.  CERTIFICATION 

I make the fwegdng statements as part of my appllcatlon with full knowledge of the pnalUw involved for wilKully making a false 

statement. (U.S. Code,  ntle 18, Section  7001, ptvvldes that 8t1 individual shall be fined under thls UUe ur Impn'sonednot more than Spars, 
or both,) 

I 

a.  DATE  (YYYYMhfDD) 

- - - - - - - - - - - - - - - - - - - - . - - - - - - . I  

TO APPLICABLE ADDRESS BELOW 

- - - - - - - " - - - - * - - - d - d - - - - - - - - - - - - - - - - - - - * - -  

ARMY 

Army Revlew Boards Agency 
Support Dlvlslon, St. Louls 
AlTN:  SFMR-RBR-SL 
9700 Page Avenue 
St,  Louis, MO  63132-5200 
(See http:llarba.army.pentag~~.mll) : 20374-5023 
DD FORM 293, DEC 2000 

I Naval Council of Personnel Boards i I 
720 Kenmxl Street, S.E. 
I  Rm.  309 (NDRB) 

Washington Navy Yard,  DC 

I 

AIR FORCE 

I SAFlMlBR 
1  550-C Street West,  Suite 40 

Randdph AFB,  TX  78150-4742 1 Washington,  OC  20593-0001 

COAST GUARD 

i 
: Commandant (G-WPM) 

12100 Second Street,  S.W. 

I 
I 

1 
I 

Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 
DETACHMENT 7,368TH TRAINING SQUADRON' 

FT LEONARD WOOD, MO 654734000 

MEMORANDUM FOR AB i 

.--------------------------------------------. 
.-..-..-..-..-..-..-------------------------- 

t 4  JAN 
: 366 TFG, Det 7 
P 

FROM:  366 TFS, DET  7lCC 

1 81 COOLEY DWE,  'SUITE A 
FORT LEONARD WOOD MO 65473 

SUBJECT: Notification Memorandum 

1.  I am rocomending your discharge from the United States Air Force for minor disciplinary 
inbractioiu. .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 under honorable 
conditions (general).  I am n&mrncnding  that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  You, who knew or should have Wwn of your duties at or near Fort Leonard Wood. MO, 
on or about 27 Deo 00 and on or about 28 Dac; 00, were derelict in tho pdormancc of those duties by 
wrongfilly leaving your place of duty without proper approval.  For tbis misconduct you received a 
Mter of Reprimand (LOR) on 28 Dec 00. 

b.  You did, at or near Fort Leonard Wood, MO, on or about 20 Dec 00, violate a lawful 
general instruction, to wit;  SAFBI 36-2902, paragraph 5.2.5, by failing to return to and remain in 
your assigned donnitory fiom 2100-0400.  For this misconduct you received an LOR on 20 DM: 00. 

c  You did, 

or near Fort Leonard Wood, MO, on or about 15 Sep 00, violate a lawrul 

general instruction, to wit;  paragraph 5.2.5, SAFBI 36-2902, dated 1 5 Oct 97, by failing to return to 
and remain in your assigned dormitory room from 2 100-0400.  For this misconduct and subparagraph 
"drr below, you reoeived an Atticlc 15 on 02 Oct 00. 

d.  You did, at or near Fort h n k d  Wood, MO, on or about 07 Scp 00, steal 6 compact 

discs, of a value of about $77.14,  the property of the Army Air Force Exchange Service. 

a You did, at or near Fort Lbonard Wood, MO, on or about 09 Scp 00, violate a lawful 
general insWon, to wit:  SAFBI 36-2902, paragraph 5.2.5, by failing to return to and remain in 
your assigned donnitory from 2100-0400.  For this misconduct you received an LOR on 13 Sep 00. 

f.  You did, at or near Fort Leonard Wood, MO, on or about 04 Sep 00, violate a lawful 

general instruction, to wit;  SAFBl36-2902, paragraph 53.2. by failing to remain in proper military 

~ n n - ~ y - v l  ncv  1 ~ ; t u  MI 

i 

* 

~ u u ~ n ~ l

rut,  n v  
l

 

~ I L O .  J I  J J ( V I V V 7  

... rl. 

r 

uniform at all times and not wcar civilian clothes on or off duty,  For this misconduct you received an 
LOR on 04 Sep 00. 

g.  You did, at or near Fort Leonard Wood, MO, on or about 26 Aug 00, violate a lawful 

gcnual hstructio~ to wit:  SAFBI 36-2902, paragraph 5.2.2, by failing to remain in proper military 
uniform at all times and not wcar civilian clothes on or off duty.  For this misconduct and 
subparagraph "h" below, you received an LOR 29 Aug 00. 

h.  You did, at or near Fort Leonard Wood, MO, on or about 18 Aug 00, violate a lawful 

instruction, to wit:  SAFBI 36-29'02,.pamgraph 2.1.1  1, by consuming alcoholic beverages under thc 
age of 21. 

i.  You did, at or near Fort Leonard Wood, MO, on or about 20 Aug 00, violate a lawful 

gmcral instruction, to wit:  SAFBI 36-2902, paragraph 5.2.2,  by failing to remain in proper military 
uniform at all t h e s  and not weat civilian clothes on or off duty.  For this misconduct and 
subparagraph '3"  below, you w i v e d  an LOR on 22 Aug 00. 

j.  You did, at or near Fart b o d  Wood, MO, on or about 20 Aug 00, violate a lawful 
general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5,  by failing to retun to and remain in 
your assigned domitory from 2 10@0400. 

Copics'of the documtats to be forwarded to the separation authority in support of this 
recammendation are attached. The commander exercising SPCM jurisdiction or higher authority will 
decide whether you will be discharged or retained in the Air Fore and, if you are discharged, how 
your strvicc will be characterized.  If you ate discharged, you will be ineligible for reenlistment in the 
Air Force and will probably be dmied enlistment in any component of the anned forces. 

, 

3.  You have the right to consult counsel.  Military legal counsel Captai~ - - - - -. . . , : Shepperd AFB, 
has bee. obtained 
assist you.  I have made an appointment for you to consult via telephone,  1-940- 
676-21 86 at 1400 hous on 25 Jan 0 1.  You may consult civilian counsel at your own expeke. 

, - - - - - - - - - - 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must rcach me by 1700 hours on 29 Jan 01 unless you requcst and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  H you fail to consult counsel or submit statements in your o m  behalf, your failure will constitute 
a waivk of your right to do so. 

6.  You have been scheduled for a medical examination, You were scheduled for an appointment at 
the ~onsolidated'~mop Medical Clinic at 0800 hours on 16 Jan 01 for the examination. 

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 the orderIy room. 

8.  Execute the attached acknowledgment and tetum it to @e immediately. 

Attachments: 
1.  LOR, 28 Dec 00 
2.  AF Form 1058,09 Jan01 
3.  LOR 20 Dec 00 
4. AF Fonn 3070,02 Oct 00 
S.  Response to--Wcle 15,27 Scp 00 
6. MFR, ssgti-..! 18 Sep 00 
7.  ]PA Fonn 3975,07 Sep 00 
8.  DA Form 2823. SPC --c.....,--------O 
9. DAFonn2823, MrL --__. 
10. DA Form 4137,07 Sep 00 
11. DA Form 3881.07 Scp 00 
12. DA Fonn 4833,27 Oct 00 
13. LOR 13 Sep 00 
14. MFR, 2LT:--------- :11 Jan 01 
: 12 Jan 01 
16. Rcsponse to LOR 12 Sep 00 
17. Statement, A ~ C  
C .-....-.. ; , undated 
- - - - - - - - - - '  

15. MFR? sskt i -.-. .-. . 

C -------- - 

-------------- : WSepOO 

;07 S 6 0 0  

.  18. AF Fonn 1058,20 Sep 00 

19. LOR 04 Sep 00 
20. AF Form 1058,07 Sep 00 
21. LOR, 29 Aug 00 
22. AF Form 1058,Ol Sep 00 
23. LOR, 22 Aug 00 
24. MTC Form  1254 02 Jan 01 
25. AETC Form 156,000925 
26. AETC Form 581,20 Dcc 00 
27. AETC Form 5 8 1,03 Nov 00 
28. Airman's Receipt to Notification Memorandum 

cc: 
82 MSSD;)PMAR 
366 TRS/CSS (File) 
Individual