AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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I  NAME O F  SERVICE MEMBEK (LA=,  FIRST MII)I)I,E  INITIAL) 
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TYPE  GEN 
CaUNsEL 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORCANIZATION 

GRADE 

AMN 

X 

RECORD REVIEW 

ADDKLSS AND OR ORGANIZATION  OF COIINSEI. 

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MEMBER SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

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EXHlBlTS SLBMITTED T O  T H E  BOARD 

1  I  ORDER APPOINTING 'THE BOARD 
(  APPLICA.I'ION FOR REVIEW OF DISCHARGE 
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1  LETTER OF NOTIFICATION 
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4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RF.;.I.EASE TO THE [BOARD 
A1)I)I'I'IONAL  EXHIBITS SlJBMITTED AT 'I'IME OF 
PERSONAL APPEARANCE 

1  HEARING DATE 
(  20 Feb 2007 
1  Case heard in Washington, D.C. 

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I  CASE NUMBER 
I  FD-2006-00327 

'9 OECISlDNAL RAUONAL ARE DISCUSSED  ON THli ATTACHED AIR FORCB blSq@llGB  REVIEW BOARD DECtSfON.41. RATIONALE' 

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1  TAPE RECORDING OF PERSONAL APPEARANCE  HE 
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Advise applicant of the decision of the Board, the right to a personal appearance witldwithout 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. 

550 C STREET WkS r, SIJlTE 40 
IZANDOLPH AFB, TX 781 50-4742 

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AFBQ FORM 0-2077, JAN 00 

SECRETARY OC  IHE AIR FORCE PLKSONNEL COUNCII 
AIR FORCE DISCHAKLE  REVIEW  BOAHI> 
151.5 COMMAND DR. hh WING, 3RD FLOOR 
ANDREWS AFB. MI) 20762-I002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

('ASE NUMBER 

FD-2006-00327 

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 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: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found 110  evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  Thc records indicated applicant had received an Article  15, a 
Vacation, six Letters of Reprimand and a Letter of Counseling for misconduct.  The applicant received an 
Article  15 for sleeping on post while assigncd as a sentinel at Nighthawk 4.  He received a suspended 
reduction in grade to Airman, 30 days extra duty and a reprimand.  The Vacation was received for failure to 
go to appointed place of duty at the United States Air Force firing range.  As a result, he was punished with a 
reduction in grade to Airman.  'I'he applicant had additional nlisconduct and was administratively disciplined 
for failure to obey an order, failure to respond to unannounced alarm activation, reporting to duty with 
uniform below standards, failure to go on two separate occasions, and dereliction of duty.  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 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  coilsistent  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 

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DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DXSCHARQE REVXEW BOARD 

ANDREWS AFB.  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVXEW:  Appl recld a GEN Disch fr USAF Peterson AFB, CO on 7 
May 01 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Sep 78.  Enlmt Age: 19 9/12.  Disch Age: 22 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-60,  E-64,  G-57,  M-34. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 15 Jul 98. 

b.  Prior Sv: (1) AFReS 3 Feb 98 -  24 Feb 98 (22 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Feb 98 for 4 yrs. Svd: 03 Yrs 02 Mo 13 Das, all AMS. 

b,  Grade Status:  AMN -  15 Dec 00 (Vacation of ~rticle 15, 1 Feb 00) 

A1C -  25 Jun 99 
AMN -  25 Jul 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 01 Feb 01, Vacation, Peterson AFB, CO -  Article 86. 

You, did, at or near Cheyenne Mountain AFS, on or about 
10 Jan 01, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
United States Air Force Academy firing range.  Reduction 
to Airman.  (No appeal) (No mitigation) 

(2) 15 Dec 00, Peterson AFB, CO -  Article 113.  You, on or 

about 6 Dec 00, at or near Cheyenne Mountain AFS, 
Colorado, bring posted as a sentinel at Nighthawk 4, 
were found sleeping upon your post.  Suspended reduction 
to Airman.  Thirty days extra duty, and a reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 29 MAR 01 -  Failure to obey an order or regulation. 
LOCI 25 NOV 00 -  Failure to respond to unannounced alarm 

LOR, 13 AUG 00 -  Reporting to duty with uniform below 

activation and failure to respond to 
internal SRT dispatch. 

minimum standards. 

LOR, 13 AUG 00 -  Failure to go. 
LOR, 12 AUG 00 -  Failure to go. 
LOR, 19 MAY 99 -  Dereliction of duty. 

LOR, UNDATED - Accessing pornographic websites. 

f.  CM:  None. 

g.  Record of SV: 2 5   Feb 98 -  24  Oct 99  Cheyenne Mountain AS  4  (Initial) 
25  Oct 99  -  24 Oct 00  Cheyenne Mountain AS  4  (Annual) 

h.  Awards &  Decs:  AFTR, AFOUA W/2  DEVS. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (05) Das 
TAMS:  (03) Yrs  (02) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Aug 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
None. 

FROM:  721 SFSICC 

SUBJECT: Notification Memorandum 

1.  I am rmmmending your discharge from the United States Air Force for a Pattern of 
Misconduct (Conduct Prejudicial to Good Order and Discipline),  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your 
service will be characterized as either Honorable, Under Honorable Conditions (General), or 
Under Other Than Honorable Conditions (UOTHC).  I am recommending that your service be 
characterized as General. 

2.  My reasons for this action are that: 

a,  In  March 2000, you were operating a motor vehicle without auto 

insurance.  This vehicle was involved in an accident with a civilian's vehicle.  For this 
misconduct, you received a Letter of Reprimand, dated 29 Mar 01.  (Atch 1) 

b.  You, did at or near Cheyenne Mountain Air Force Station, Colorado Springs, on or about 
10 Jan 01, without authority, fail to go at the time prescribed to your appointed place of duty, to 
wit:  United States Air Force Academy firing range.  For this misconduct, your suspended 
nonjudicial punishment from an Article 15, dated 15 Dec 00, was vacated on 2 Feb 0 1. 
Punishment consisted of reduction to the grade of airman, with a new date of rank of 15 Dec 00 
and was placed in your existing Unfavorable Information File (UIF).  (Atch 2) 

c.  You, on or about 6 Dec 00, at or near Cheyenne Mountain Air Force Station, Colorado, 

being posted as a sentinel at Nighthawk 4, were found asleep upon your post.  For this 
misconduct, you received an Article 15, dated 15 Dec 00,  Punishment consisted of reduction to 
the grade of airman (suspended until 14 Jun Ol), 30 days extra duty, a reprimand, and the 
establishment of a UP.  (Atch 3) 

d.  On or about 21 Nov 00, you were derelict in the performance of your duties.  For this 

misconduct, you received a Letter of Counseling, dated 25 Nov 00.  (Atch 4) 

e.  On or about 1 1 Aug 00, you failed to follow dress and appearance standards. For this 

misconduct, you received a Letter of Reprimand, dated 13 Aug 00.  (Atch 5) 

f,  On or about 10 Aug 00, you failed to be prepared for your duty shift.  For this misconduct, 

you received a Letter of Reprimand, dated 13 Aug 00.  (Atch 6) 

g.  On or about 10 Aug 99, you failed to report to your appointed place of duty.  For this 

misconduct, you received a Letter of Counseling, dated 12 Aug 99.  (Atch 7) 

h.  On or about 14 May 99, your lack of attention to detail caused damage to a govenunent 
vehicle.  For this misconduct, you received a Letter of Reprimand, dated 19 May 99.  (Atch 8) 

i.  On or about 2 Mar 99 and on or about 3 Mar 99, you accessed pornographic web sites 

from a government computer.  For this misconduct, you received a Letter of Reprimand, dated 5 
March 1999.  (Atch 9) 

3.  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 a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
you are discharged, how your service will be characterized. If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal-co.mn&h+s,been obtained to assist you. 
I have made an a  pointment for you to consult Captain i 
Coun~el, on ab 
expense. (b-161  r 

0 ,  at  Og CO  hours.  You may consult civilian counsel at your own 

i  , the Area Defense 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me NLT 1600 hours on  1  (ld I 
2001 
(3 workdays) unless you request and receive an extension fkom me for good cause shown.  I will 
forward any matters you submit to the separation authority. 

6.  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. 

7.  You have been scheduled for a medical examination. You must report to the Peterso  Air 
Force Base Clinic, at  0 b 

2001 for the examination.  ?pi.-  nt G ~ P )  

hours on 

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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 orderly room, 

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

Commander 

C 

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See Attachments:  next page 

Attachments: 
1,  Letter of Reprimand, dated 29 Ma. 01 
2.  Vacation Action, dated 2 Feb 0 1 wNlF 
3,  Article 15, dated 15 Dec 00 wNIF 
4,  Letter of Counseling, dated 25 Nov 00 
5.  Letter of Reprimand, dated 13 Aug 00 
6.  Letter of Reprimand, dated 13 Aug 00 
7.  Letter of Counseling, dated 12 Aug 99 
8,  Letter of Reprimand, dated 19 May 99 
9.  Letter of Reprimand, dated 
10.  Enlisted Performance Reports 
1 1.  Member's Receipt of Notification Memorandum