I 

NAME OF SERVICE MEMBER (LAS'I',  FIRST MIDDLE INITIAI.) 
.--------------------------------, 

C-..-..-..-..-..-..--------------I 
TYPE  GEN 

PERSONAL APPEARANCE 

AIR FORCE DISCHARGE REVIEW BOARD HEAKlNG RECORD 

1  GRADE 

AB 

X 

RECORD REVIEW 

1 

1  AFSNISSAN 
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C - . . - . . - . - . . - . C  

NAME O F  COIINSEI.  ANI) 011 OIICANIZA'I'ION 

ADDUESS AND OH OHGANIZA'I'ION OF C'OIINSEI. 

Co"NsE1, 

YES 

No 

X 

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

MEMBER SITTING 

7 

+ 

J 

+ 

b..................-..-..-..-..-.: 
ISSIIES 

A95.00 
A01 .00 

INlllX NtIBIHEH 

A67.10 

VOTE OF THE BOARD 

HON 

G EN 

IC 
1~07‘1 

O'I'IIFK 

DENY 

X 

X 

X 

X 

X 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF I'ERSONNEL  FILE 
C:OIINSEL,'S  RELEASE '1'0 'I'HE  BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAI. APP1iARANC:K 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

IIEARlNG DATE 

CASF. NIlMHEH 

22 Mar 2007 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISIONAI. RATIONAI. AKE L)ISCUSStl)  ON  I  HE A 1.1  ACHbD AIK FORCE L>ISCHARtiE MVIEW BOARD DECISIONAL KA'l'lONALt 

FD-2006-00345 

1  Case heard  in Washington, D.C. 

Advise applicant of tlie decision of thc Board, the riglt to a personal appearance with/without  counsel, and the riglt to submit an 
application  to the AFBCMR 
1  Nanies and votes will be made available to the applicant at the applicant's request. 

1  X - Upgrade, Change Reason for Discharge and Recnlistmel~t Codc 

' . . - . . - . . - , . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * - - - - - * - - - - - - - '  

I !  

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I 

SAI'IMRRR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, J A N  00 

INDORSEMENT 

I  FHOM: 

DAT-12007 

SLCKETiHI  OF THE  i1H FORCL PERbO\\EL  C O I  \CIL 
i1H FORCL DISCIIARGL RE\ ILW B O i R D  
ISIS contnt*\rJ 
IJR, FF WINC..  IRD FI OOR 
ANDUEWS AFH, MU 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

1 

1 

AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00345 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  for 
discharge and 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:  Upgrade  of discharge, change  of  reason  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: 

The  applicant  submitted  no  issues  and  request  the  review  be  based  on the  available  service  record.  The 
record indicates that the applicant received an Article  15 and two Letters of Reprimand  for misconduct. The 
applicant's  Article  15 was  for violating  a  general  regulation  by  wrongfully  carrying a  knife  with  a  blade 
greater  than  3  inches  and  dereliction  of  duty.  He  was  reduced  in  grade  to  Airman  Basic,  forfeited  pay, 
restricted  to  the  limits  of  Sheppard  AFB  for  14  days,  performed  7  days  of  extra  duty,  and  received  a 
reprimand.  He was administratively disciplined with Letters of Reprimand for failure to go on three separate 
occasions, dereliction of duty and lying to a noncommissioned officer.  The Board reviewed the entire record 
and found no evidence of impropriety or inequity in this case on which to base an upgrade.  The Board found 
the characterization, reason for discharge and reenlistment code received by the applicant 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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 22 
Aug 06 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

l 

a. DOB: 22 Nov 86.  Enlmt Age: 18 6/12.  Disch Age: 19 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-78,  E-62,  G-72,  M-64. PAFSC: 2W131F -  Aircraft Armament Systems 
Apprentice. DAS: 7 Dec 05. 

b.  Prior Sv:  (1) AFRes 8 Jun 05 -  17 Oct 05  (4 months 10 days)(~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Oct 05 for 6 yrs. Svd: 00 Yrs 10 Mo 06 Das, all AMS. 

b.  Grade Status:  AB -  29 Jun 06  (Article 15, 29 Jun 06) 

ALC -  2 Dec 05 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 29 Jun 06, Sheppard AFB, TX  -  Article 92.  You did, on 

or about 29 May 06, violate a lawful general regulation, 
to wit: paragraph 13.13 AETCI 36-2216, Administration of 
Military Standards and Discipline Training, dated on 16 
Jun 04, by wrongfully carrying a knife with a blade 
greater than 3 inches.  Article 92.  You, who knew or 
should have known of your duties, on or about 29 May  06, 
were derelict in the performance of those duties in that 
you willfully failed to remain within the limits of 
Sheppard AFB, Texas, while in Phase T  and willfully 
failed to wear the appropriate uniform while in Phase I, 
as it was your duty to do.  Reduction to AB.  Forfeiture 
of $636.00 pay.  Restriction to the limits of Sheppard 
AFB, Texas, for 14 days, 7 days extra duty, and a 
reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 15 MAY 06 -  Failure to go on two occasions, 
dereliction of duty, and lying. 

LOR, 27 APR 04 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (01) Yrs  (02) Mos  (15) Das 
TAMS: (00) Yrs  (10) MOS (06) Das 

4 ,   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Aug  06. 

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

Discharge) 

Issue 1:  I would like my discharge to be upgraded because, due to the type 

I received, and the code I recieved (sic), I cannot re-enlist in any other 
branch, and I plan to re-enlist in the Army or Navy, after I'm done with school. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

P* -.-bd3@- 

AUG  0  7 2206 

FROM:  363 TRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge &om the United States Air Force for minor disciplinary 
infractions.  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 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 Air Force Base, Texas, on or about 29 May 06, violate a 
lawful general regulation, to wit: paragraph 13.13 Air Education and Training Command 
Instruction 36-22 16, Administration of Military Standards and Discipline Training, dated on 
16 Jun 04, by wrongfully carrying a knife with a blade greater than 3 inches.  For this 
misconduct and subparagraph "b"  below, you received Article 15 punishment on 
29 Jun 06. 

b.  You, who knew or should have known of your duties at or near Sheppard Air Force Base, 
Texas, on or about 29 May 06, were derelict in the performance of those duties in that you 
willfully failed to remain within the limits of Sheppard Air Force Base, Texas, while in Phase 
I and willfully failed to wear the appropriate uniform while in Phase I, as it was your duty to 
do, 

c.  You did, at or near Sheppard AFB TX, on or about 12 May 06, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit:  duty.  For this misconduct 
and subparagraphs "d",  "e"  and "f' below, you received a Letter of Reprimand (LOR) on 
15 May 06. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 23 Apt 06, were derelict in the performance of those duties in that you failed to refrain 
from leaving the limits of Sheppard AFB, wearing civilian clothes and driving a privately 
owned vehicle (POV) while in Phase I, as it was your duty to do. 

e.  You did, at or near Sheppard AFB TX, on or about 22 Apr 05, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  Physical Readiness Training 
(PRT). 

f.  You did, at or near Sheppard AFB TX, on or about 22 Apr 06, with intent to deceive make 
to the non-commissioned officer on duty (NCOD), an official statement, to wit:  you were in 
Phase 111, which statement was fdso and was then known by you to be so false, in that you 
were phased back to Phase I earlier in the day. 

g.  You did, at or near Sheppard AFB TX, on or about 22 Apr 06, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  mandatory make-up PRT.  For 
this misconduct, you received an LOR on 27 Apr 06. 

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 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 
I have made an appointment for you to conmlt C a ~ t i  
1638, on 07 AUP 06 at 1630.  You may consult civili& G a a t

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

counsel has been obtained to assist you. 
3 Area Defense Counsel, at Bldg 

 your own expense. 

4.  You have the right to submit statements on your own behalf.  An  statements you want the 
separation authority to consider must reach me by 
and receive an extension for good cause shown.  I will send drem to the separation authority, 

/O  A h r o d  d / * wnless you request 

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 are scheduled for a medical examination on 07 Ann 06 at 13_00 at the Student Health 
Clinic in Bldg 1200. 

7.  Any personal information you finish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the Military Training Flight administration 
office. 

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

-------------- > .............................................. 

.-------------------------------------------------------------, 
Commander, 363d Training Squadron 

Attachments listed on next  page 

Attachments: 
1.  AF Form 3070,29 Jun 06 
2.  Response to Art 15,27 Jun 06 w l 1  Atch 
3.  AF From 1 168, SSgt:----:;8  Jun 06 
4. AF Form 1 168, SSgtL nnnnnnn, ; 29 May 06 
5, AF From 1 168, SSgt: .. . . . - .;-29 May 06 
6- AF Form 1 168, SSaL _______- 3 
: 8 Jun06 
7.  AF Form  1168, AB I -=----, 
:7JunO6 
8, AF Form 1168, ABi -------- ;7Jun06 
9. AF From  1 168, AB I ......- :, 
10. LOR, 15 May 06 
11.  LOR, 27 Apr 06 
12.  LOR Response, 27 Apr 06 
13. Student Training Report, 06019 
14. LA12B 205,S  Dec 05 

'  23 May 06 

1-  - - - -; 

1 5. Airinan's  Receipt to Notification Memorandum  W d