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AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

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NAME O I  SERVICE MEMBER (LAST. M R S l  MIDDLE INITIAL) 

.ITPI;,  ~ E N  1 

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PERSONAL APPEARANCE 

GRADE 

I  AMN 
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RECORD REVIEW 

ADDRESS AND OR ORGANILA I  ION OF  COUNSEL 

MEMBER SITTING 

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VOTE OF THE BOARD 

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INDEX  NllMRER 

A67.10 

7 EXHIBI.IS SUBMC~TED TO THE BOARD 
1  I  C)RDEI< AI'POIN'[INC;  'I'HB  BOARD 
2  1  APPLICATION FOR  REVIEW OF DISCHAKCrk 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
AI)I)ITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

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1 

HEARING  n A l  F, 

CASE NUMBER 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
application to the AFBCMR. 

C . . . . . . . . . . . . . . . . . . . ~ . ~ . . ~ . . ~ . ~ ~ . ~ . . . . ~ . . ~ . ~ . . ~ . . ~ . ~ . . ~ . . . . ~ . . ~ , ' I . . ' I . . . . , . , ' I . . . . ' I . . ' I . ' I . . ' I . . . . ' I . . ' I I . . . ~ . . ~ . ~ . . ~ ~  

1 0  

SAFIMKHR 
550 C: S I KELT WEST, SIJITE 40 
RANT)OI,PIl AFB  TX 78150-4742 

INDORVEMBN'I' 

FROM 

DATE:  3/19/2007 

SECRETARY OF THE AIR FORCE PERSONNEL COlJNClL 
AIR FORCE DlSCllARGE REVIEW ROAR0 
1535 COMMAND DR. EE WING.3RD tLOOH 
ANnREWS AFH. M U  20162-1002 

AFHQ FORM 0-2077, JAN 00 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00329 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but dcclined 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 that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received an Article  15, two Letters of Reprimand, a Letter of Counseling, and two Memorandums for Record 
for misconduct.  Applicant received an Article  15 for failure to go to appointed place of duty, failing to 
remain in proper military uniform, and wrongfully operating a privately owned vehicle.  He was punished 
with a reduction in grade to Airman, forfeiture of pay, restriction to base for 30 days, and 30 days of extra 
duty.  He was administratively disciplined for failure to go, dereliction of duty, sleeping on duty, security 
violation, wearing jewelry  while working on an energized test station, failing to shave, and room failure. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to changc 
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 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 Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Sheppard AFB, TX on 8 
Aug 00 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jul 81.  Enlmt Age: 17 6/12.  Disch Age:  19 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-60,  E-71,  (2-72, M-39. PAFSC: 2AOllA -  Avionics Test Standards 
and Components Helper. DAS: 20 Jan 00. 

b.  Prior Sv:  (1) AFRes 29 Jan 99 -  17 Aug 99 (6 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Aug 99 for 6 yrs. Svd: 00 Y ~ s  11 Mo 21 Das, all AMS. 

b.  Grade Status:  Amn -  19 Jun 00  (Article 15, 19 Jun 00) 

A1C -  Unknown. 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 19 Jun 00, Sheppard AFB, TX -  Article 86.  You did, on 

or about 25 May 00, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
F15 Avionics Teststations c l a s s   located at Building 922. 
Article 92.  You did, on or about 3 Jun 00, violate a 
lawful general instruction, to wit: Paragraph 5.2.2, 
SAFB 36-2902, dated 15 Oct 97, by wrongfully failing to 
remain in proper military uniform a t   a l l   times.  Article 
92.  You did, on or about 3 Jun 00, violate a lawful 
general instruction, to wit: Paragraph 5.2.3., SAPB 36- 
2902, dated 15 Oct 97, by wrongfully operating a 
privately owned vehicle.  Reduction to Airman, 
forfeiture of $200.00 pay per month for 2 months, 
restriction to the limits of Sheppard AFB, Texas for 30 
days, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: AETC 125A, 25 JUL 00 -  Removed from training. 

LOR, 20 JUL 00 -  Failure to return and remain in dormitory 

from 2100-0400 on nights prior to duty 
day. 

MFR, 25 MAY 00 - Failure to go. 
LOCI 31 MAY  00 -  Security violation, wearing jewelry while 

working on an energized test station, 

LOR, 24 APR 00 -  Dereliction of duty. 
MFR, UNDATED -  Sleeping on duty. 

failing to shave, and room failure. 

E.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (06) Mos  (10) Das 
TAMS:  (00) Yrs  (11) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Aug 06. 

(Change Discharge to Honorable) 

Issue 1:  While serving in the USAF, was working 12 hour CQ duty.  While on 
i assured me that nothing would 

duty, I fell asleep.  I informed my MSG that I was being treated with muscle 
relaxers which made me very drowsy.  MSGT 
happen.  The next thing I knew, I was being given a General Discharge. 

, - - - - - - - - - - - 
'.-..-.-..-. 

I was 19 years old and didn't realize that this would affect me  in the future. 
Had I been older and more mature, I would have disagreed with this type of 
discharge and sought professional assistance before accepting this discharge. 

I request that my discharge be upgraded to Honorable as this was not a serious 
offense, my drowsiness was caused due to taking prescribed medications and I 
believe the seriousness of the offense did not warrant a General Discharge. 

I request that this be reviewed for an upgrade in character of service. 

ATCH 
1. DD Form 214  (Member 1) . 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATIQN AND TRAlNlNO COMMAND 

MEMORANDUM FOR AMNi. . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . 1,365 TRS 

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

AUO  2000 

FROM:  365 TRSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge fiom the United States Air Force for minor disciplinary 
i&actions.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 18 Jul00, violate a lawful general 
instruction, to wit: SAFBI 36-2902, paragraph 8.3, by failing to return to and remain in your 
dormitory h m  2200 until 0400 on nights prior to a duty day.  For this misconduct you received 
a Letter of Reprimand (LOR) on 20 Jul00. 

b, You did, at or near Sheppard AFB TX, on or about 25 May 00, without authority, 'fail to go 

at the time prescribed to your appointed place of duty, to wit:,F15 Avionics Test Stations class 
located at building 922.  For this action and paragraphs "c" and "d" below, you received an 
Article 15 on 19 Jua 00, 

c.  You did, at or near Sheppard AFB TX, on or about 3 Jun 00, violate a lawful general 

instruction, to wit:  Paragraph 5.2.2,  Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by 
wrongfully failing to remain in proper military uniform at all times. 

d.  You did at or near Sheppard AFB TX, on or about 3 Jun 00, violate a lawful general 

instruction, to wit:  Paragraph 5.2.3, Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by 
wrongfirlly operating a privately owned vehicle. 

e.  You did, at or near Sheppard AFB TX, on or about 30 May 00, violate a lawful general 
instruction, to wit:  SAFBI 36-2902, dated 15 Oct 97, paragraph 2.1.3, by failing to keep your 
dormitory room in inspectable order at all times.  For this misconduct and paragraphs "ft and "g" 
below, you received a Letter of Counseling (LOC) on 31 May 00. 

f.  You did, at or near Sheppard AFB TX, on or about 3 May 00, violate a lawful general 

instruction, to wit:  AFOSH 9166, Chapter 2, paragraph 2.2, by wearing jewelry while working 
on an energized test station. 

g.  You did, at or near Sheppard AFB TX, on or about 4 May 00, violate a lawful general 

instruction, to wit: MI 36-2903, Table 1.4, Line 1, by failing to shave. 

h. You, who h e w  or should have lmown of your duties at Sheppard AFB TX, on or about 3 

May 00, were derelict in the performance of those duties by committing a security violation. 

i.  You, who knew or should have h o w n  of your duties at Sheppard AFB TX, on or about 22 
Apr 00, were derelict in the performance of those duties, by sleeping in your room while on CQ 
duty as it was your duty not to do.  For this misconduct you received a LOR, on 24 Apr 00. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached,  The commander exercising Special Court Martial (SPCM) 
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 and will probably be denied 
enlistment in any component of the armed forces. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to comult with Captain::  1::  1::  1:;  extension 6-2 1 86, the Area 
Defense Counsel (ADC), at building 1638 on 2 Aug 00 at 1030 hours.  You may consult civilian 
counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 4 Aug 00, 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 and reported for a medical examination at 1600 hours on 25 Jul00 at the 
Student Health Clinic. 

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 365th Training Squadron's Military Training 
Flight Personnel Office. 

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

.------------------ 
Commander 

Attachments: 
1,  LOR, 20 Jul 00 
2.  AF Form 3070,19 Jun 00 
Additional attachments listed on next page 

, - - - - - - - - - - 

!, 25 Apr 00 

3. MFR, SSgt 1-. .-.-. .-1,2S.Mgy 00 
4. AF Form 1168, Amn: l.ll.l..; 25 May 00 
5.  AFForm 1168, ~ S g t i  -------,, 
: 4 JunOO 
6. LOC, 3 1 May 00 
7. 365 TRSMTF Memo, 31 May 00 
8.  AETC Form 341,4 May 00 & 3 May 00 (2) 
9. LOR, 24 Apr 00 
10. Response to LOR, undated 
1 1. Patient Education Report, 24 Apr 00 
12, 
13. AETC FO&?%A;'~~ Jul 00 
14. Student Training Report, 00006 
15. Airman's Receipt to Notification 

MSgti--------'