I 
'  NAME O F  SERVICE MEMRKK (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  AFSNISSAN 
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PERSONAL APPEARANCE 

A l C  
X  I 
ADDRESS AND OR OR(;ANIZAIION  OF COIINSEL  I 

RECORDREVIEW 

C.-....-..-..-..I 

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ORDERAPPOIN I  ING THE BOARD 
AI'I~1,ICATION FOR REVltW OF DISCHARGE 

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2 
3  1  LETTER O F  NOTIFICATION 
4  1  BRIEF OF PEUSONNEL FILE 

COUNSEI.'S  RELEASE TO THE BOARD 
ADDITIONAL EYBllllIS SllBMlTTED A 1  l l M E  OF 
PERSONAL APPEARANCE 

'I'AI'E  RECORDING OF PERSONAL APPEARANCE HE 

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I 
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I  IIEARINC  DATE 
1  20 Feb 2007 

APPLICAW'S ISSUE AND THE tillbiaa'b brjlCT8'sfC)NAL WIU.NAL  ARF, DiSCYSSE6 ON THE Pm'ACHED AIR FOREn D1EMRPSB WVIW BOARD !%CBlOMAL  RATIONA1.F 

1  FD-2006-00340 

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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 submit an 
application to the AFBCMR 

Names and votes will be made available to the applicant at the applicant's  request. 

SAI'IMKBR 
550 C STREET WES'I', SUITE 40 
RANDOLPH AI'U, 'I'X 781 50-4742 

TO: 

I 

AFHQ FORM 0-2077, JAN 00 

rnUM 

SECRETARY OF "THE AIR FORCE PKRSONNEL  COIINCII, 
AIR FORCE DISCHAHGP, REVIEW BOARD 
1535 COMMAND OR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-1UO2 

I 

(Ek'-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBhR 

FD-2006-00340 

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

The applicant was offered a personal appcarance 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  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 : 

The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted 
that when the applicant applied for these beneiits, he signed a statement (DD Form 2366, on October 26, 
2001 that he understood he must receive an fTonorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety which would warrant an upgrade.  The records indicated the applicant 
received nine Letters of Reprimand, four Letters of Counseling, and two Records of Individual Counseling 
for misconduct.  Applicant was administrativcly disciplined for financial irresponsibility, failure to complete 
assigned duties, failures to obey lawful orders, failure to meet AF weight standards, and being disrespectful 
towards an NCO.  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  consistent  with  the 
procedural  and  substantive  requirements  of  tllc 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 A ~ C )  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl recld a GEN Disch fr USAF ~yndall AFB, FL on 30 
Jul 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Sep 78.  Enlmt Age: 23 0/12.  Disch Age: 25 9/12. Educ: BS DIPL. 

AFQT: N/A.  A-76,  E-63,  G-70,  M-52. PAFSC: 1C131 - Air Traffic Control 
Apprentice. DAS: 5 May 02. 

b.  prior S v :   (1) AFRes 28 Sep 01 -  10 Oct 01 (13 days) (Inactive). 

3.  SERVICE UNDER REVIEW2 

a.  Enlisted as AB  11 Oct 01 for 6 yrs. Svd: 02 Yrs 09 Mo 19 Das, of which 

AMS  is 02 Yrs 09 Mos 18 Days (excludes 1 day lost time). 

b.  Grade Status:  A1C -  25 Nov 01 

c.  Time Lost:  5 Apr 04 thru 5 Apr 04  (1 day). 

d.  Art 15's:  None. 

e.  Additional: LOCI 
LOCI 

dorm room. 

23 FEB 04 -  Failure to obey a lawful order. 
10 FEB 04 - ~llowing unuthorized person to sleep in 
28 OCT 03 -  Failure to meet AF Weight Standards. 
02 OCT 03 -  Failure to complete assigned duties. 
03 SEP 03 -  Financial irresponsibility. 
02 SEP 03 -  Failure to go. 
25 AUG 03 -  Financial irresponsibility. 
11 AUG 03 - Failure to obey a lawful order. 
08 AUG 03 -  Failure to go and failure to obey a lawful 
08 AUG 03 -  Failure to maintain residence. 
20 JUL  03 -  Failure to meet AF Weight Standards. 
29 JAN 03 -  Failure to go. 
08 JAN 03 -  Disrupting an official meeting and 
16 DEC 02 -  Failure to meet AF Weight Standards. 
21 OCT 02 -  Financial irresponsibility. 

disrespect to an NCO. 

order. 

LOR, 
RIC, 
LOR, 
LOR, 
LOR, 
LOCI 
LOR, 

LOR, 
LOR, 
LOR, 
LOR, 

LOC , 
RIC, 

f .  CM:  None. 

g.  Record of SV: 11 Oct 01 -  10 Jun 03  Tyndall AFB  2  (1nitial)REF 

h.  Awards &  Decs:  NDSM, AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (10) Mos  (03) Das 
TAMS: (02) Yrs  (09) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Aug 06. 

(Change Discharge to Honorable) 

Issue 1:  I would like to go to school for sports management.  I cannot 

receive my MGI Bill unless I have an Honorable Discharge. 

ATCH 
1. Character Reference. 

DEPARTlcrlENT OF 'THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

I  7 -  

MEMORANDUM FOR  A1 C I.. -. -. . . . -. -. . . . -. -. . . ,-. -. . . . -. -. -. . . . -. i 

FROM:  325 OSSICC 

SUBJECT: Notification Memorandum 

1.  I am recommendiug your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 364208, paragraph 
5.49.  If my recommendation is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  As evidenced by a Letter of Counseling, dated 23 Feb 04, you, having received a lawful 
command from 1 Lt ;. . . . -. -. . . . -. -. -. :, your superior commissioned officer, then known by 
you to be your superior commissioned officer, to collect all the temporary puking signs 
from the parking lot,  or words to that effect, did, at or near Tyndall AFB FLY on or about 17 
Feb 04, willfully disobey the same, in violation of Article 90, UCMJ. (atch la) 

b.  As evidenced by a Letter of Counseling, dated 10 Feb 04, you, who knew of your duties 
at or near Tyndall AFB FL, between on or about 10 Jan 04 and 10 Feb 04, on divers 
occasions, were derelict in the perfomance of those duties in that you willfully failed to 
rebin from having overnight guests in your domitory room, as it was your duty to do, in 
violation of Article 92, UCMJ. (atch 1 b) 

c.  As evidenced by a Letter of Reprimand, dated 28 Oct 03, you, who knew of your duties 
at or near Tyndall AFB FL, between on or about 20 Sep 03 and 20 Oct 03, were derelict in 
the performance of those duties in that you negligently failed to make acceptable progress in 
the weight management program, as it was your duty to do, in violation of Article 92, 
UCMJ. (atch lc) 

d.  As evidenced by a Record of Individual Counseling, dated 2 Oct 03, you, who lcnew of 
your duties at or near Tyndall AFB FL, on or about 2 Oct 03, were derelict in the 
performance of those duties in that you willfully failed to complete entries in your training 
records requested by y o u  supervisor, as it was your duty to do, in violation of Article 92, 
UCMJ. (atch ld) 

e.  As evidenced by or  Letter of Reprimand, dated 3 Sep 03, you, who knew of your duties at 
or near Tyndall AFB FL, on or about 23 Aug 03, were derelict in the performance of those 
duties in that you willfully failed to make the required payment on your military star 
account, as it was your duty to do, in violation of Article 92, UCMJ. (atch le) 

f.  As evidenced by a Letter of Reprimand, dated 2 Scp 03, you, did at or near Tyndall AFB 
FL, on or about 28 Aug 03, without authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  Family S u p p a  Center, in violation of Article 86, UCMJ. 
(atch If) 

g.  As evidenced by a Letter of Reprimand, dated 25 Aug 03, you, who knew of your duties 
at or near Tyndall AFB FL, on or about 12 Jun 03, were derelict in the performance of those 
duties in tbat you willfully failed to maintain sufficient funds in your account for payment 
of a check you wrote to pay rent and utilities, as it was your duty to do, in violation of 
Article 92, UCMJ. (atch 1 g) 

h.  As evidenced by a Letter of Counseling, dated 11 Aug 03, you, who h e w  of your duties 
at or near Tyndall AZB FL, on or about 11 Aug 03, were derelict in the performance of 
those duties in that you willfully failed to report for duty in the correct uniform, as it was 
your duty to do, in violation of Article 92, UCMJ. (atch 1 h). 

i.  As evidenced by a Letter of Reprimand, dated 8 Aug 03, you, did at or near Tyn&ll AFB 
FL, on or about 5 Aug 03, without authority, fail to go at the time prescribed to your. 
appointed place of duty, to wit:  Security Forces Building, in violation of Article 86, UCMJ. 
(atch li) 

Letter of Reprimand, 

-- 
j.  As evidenced by a , - - - - - - - - - - - - - - -  
dated 8 Aug 03, you, having received a lawful 
from 1Lti - - - - - - - - - - - - - - - - - ;, 
I  your superior commissioned officer, then h o w n  by 
co-d 
you to be your superior commissioned officer,.to contact your landlord and clean up your 
apartment in order to terminate your lease, or words to that effect, did, at or near Tyndall 
AFB FL, on or about 30 Jul04, willfully disobey the same, in violation of Article 90, 
UCMJ.  (atch lj) 

k.  As'evidenced by a Letter of Reprimand, dated 20 Jul03, you, who knew of your duties 
at or near Tyndall AFB FL, between on or about 16 Jun 03 a d  16 Jul03, were derelict in 
the performance of those duties in that you negligently failed to make acceptable progress in 
the weight management program, as it was your duty to do, in violation of Article 92, 
UCMJ. (atch 1 k) 

1.  As evidenced by a Letter of Reprimand, dated 29 Jan 03, you, did at or near Tyndall AFB 
FL, on or about 29 Jan 03, without authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  RAPCON, in violation of Article 86, UCMJ.  (atch 11) 

in. As evidenced by a Letter of Reprimand, dated 8 Jan 03, you, on or about 7 Jan 03, were 
disrespecal in hqgmge and depoment toward SSgt; ---- -- -- -- -- -------; 
commissioned officer, then known by you to be a noncommissioned officer, who was then 
in the execution of his office, by fail&  to nhin h m  making outbursts and unnecessary 
comments during a meeting, in violation of Article 91, UCMJ.  (atch lm) 

------------- 

i-----  

I a non- 

n.  As evidenced by a Letter of Counseling, dated 16 Dec 02, who knew of your duties at or 
near Tyndall AFB FL, between on or about 13 Nov 02 and 13 Dec 02, were derelict in the 
performance of those duties in that you negligently failed to make acceptable progress in the 
weight management program, as it was your duty to do, in violation of Article 92, UCMJ. 
(atch In) 

o.  As evidenced by a Record of Individual Counseling, dated 12 Oct 02, you, who knew of 
your duties at or near Tyndall AFB FL, on or about 21 Oct 02, were derelict in the 
performance of those duties in that you willfully failed to make the required payment on 
your military star account, as it was your duty to do, in violation of Article 92, UCMJ. (atch 
10) 

--------  Counseling, dated 8 Sep 02, you, having 

p.  As evidenced by a Record of Individual 
received a lawful order fkom MSgt: ----- --, 
: a noncommissioned officer, then known by you 
to be a noncommissioned officer, to complete your in-processing checklist, an order which 
it was your duty to obey, did, at or near Tyndall AFB FL, on or about 5 Aug 02, willfully 
disobey the same, in violation of Article 91, UCMJ. (atch lp) 

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 higher authority 
will decide whether you will be discharged or retained in the United States 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 any special pay, bonus, or education assistance fun&  may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C.  Section 2005(g). 

4.  You have the right to consult counsel.  Military legql-kp.~unsg~ 
have made an appointment for you to consult Captain/- -- --- -- ----- -- -, 
Building 1287, on 
your own expense. 

at 

hours.  You may consult civilian counsel at 

-&isbeen obtained to assist you.  I 

$at 903 Beacon Beach Rd, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
.JUJ 2  i: ZUM.  unless you request and 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I will send them 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 Public Health, 
Building 13 1 1 on 

hours for the examination. 

, at 

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 at http://www.e-publishing.af.miVpubfiles/afl36/afi36- 
3208Idi36-3208.M. 

9.  Execute the attached acknowledgment and return it to me irnm~tely. 

-..-.A. 

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

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

Attachments: 
la  Letter of Counseling, dated 23 Feb 04 
1 b.  Letter of Counseling, dated 10 Feb 04 
lc.  Letter of Reprimand, dated 28 Oct 03 
Id.  Record of Individual Counseling, dated 2 Oct 03 
le.  Letter of Reprimand, dated 3 Sep 03 
1 f.  Letter of Reprimand, dated 2 Sep 03 
lg.  Letter of Reprimand, dated 25 Aug 03 
lh.  Letter of Counseling, dakd 1 1 Aug 03 
li.  XRtter of Reprimand, dated 8 Aug 03 
1 j.  Letter of Reprimand, dated 8 Aug 03 
l k  Lettex of Reprimand, dated 20 Jul03 
11.  Letter of Reprimand, dated 29 Jan 03 
lm.  Letter of Reprimand, dated 8 Jan 03 
In.  Letter of Counseling, dated 16 Dec 02 
lo.  Record of Individual Counseling, dated 12 Oct 02 
lp.  Record of Individual Counseling, dated 8 Sep 02 
2.  Receipt of Notification Memorandum