1 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INl'fIAL,) 

AIR FORCE DISClIARGE REVIEW BOARD HEARING RECORD 

-

.

 

I 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

L..-..-..-.-..-..-.-------------I 

iYpE 

,EN 
~
~
?
NO 

,  , 

~

,  ,
YEb 

I 
S

1 

I 

PERSONAL APPEARANCE 

(
,  NAME OF COUNSEL AND OR ORGANILA l l O N  

~

~

 

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

. - - - - - - - - - - - - - a  

A1 C 
X  I  RECORDREVIEW 

I 

ADDRESS AND ORORLANIZA I ION 01.  COUNWI. 

X 

- 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

IW1JEq 

A95.00 
A01 .OO 

INDEX NIIMBER 

A67.10 

1 
2 
3 
4 

HEARING DATE 

CASE NUMBER 

EXHIBITS SUBMITTED TO 'THE: HOARD 

X  - 

ORDER APPOINTING THli ROAR11 
AI'YI  ICA I  ION FOR  REVIEW OF DISCHARGE 
1  I+.  1'l't.K  OF NOTIFICATION 
RRII-F OF  I'FICHAKLt  K k \ I k \ \   HO4HI) 
I-J5CO\lW4\1)  1)K  kk  !\t\L,  JKII k l  OOK 
ANDREWS APB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Prcvious edition will  be used 

AIR FORCE DISCHARGE REVTEW BOARD DEClSlONAL RATIONALE 

CASY  NllMRER 

FD-2006-00357 

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

The applicant was offered a personal appearance before the Discharge Review Hoard (DRB) but declined to 
exercise this right. 

The attached brief contains available pertincnt data on the applicant and the factors leading to the discharge. 

FINDINGS:  IJpgrade of discharge is denied. 

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

ISSUE:  Applicant submitted no issues on his own behalf.  The records indicatcd the applicant received two 
Article  15s,  onc  Letter  of  Rcprin~and, and  two  Records  of  Individual  Counseling  for  misconduct.  The 
misconduct  included failure to obey a dircct  order, failure to respond to a military  recall, and  failure to go. 
The Board acknowledged  that the member receivcd a clinical evaluation of his sleep functioning in search of 
a possible organic cause of his  frequent tardiness in reporting to duty.  liowever, the member's  sleep study 
demonstrated  "snoring  with  mild  obstructive  sleep  disordered  breathing  not  currently  diagnostic  of 
significant obstructive sleep apnedlypopnea syndrome" which the board believed did not mitigate eithcr his 
chronic recurrent  tardiness  or  other  misconduct.  The  DRB  opined  that  through  the  administrative  actions 
cited above, the  applicant had  ample opportunities to  change  his negative  bchavior.  The Board  concluded 
thc  inisconduct  was  a  significant  departure  from  conduct  expected  of  all  military  members. 
'lhc 
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 A1C)  (HGB SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Robins AFB, GA on 13 Nov 
01 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6  Aug  79.  Enlmt Age: 17 8/12.  Disch Age: 22 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-64,  G-74,  M-58. PAFSC: 3C051 -  Communications-Computer 
Systems Operations. DAS: 21 Jan 01. 

b.  Prior Sv: (1) AFRes 10 Apr 97 -  2 Sep 97 (4 months 23 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 3 Sep 97 for 4 yrs. Svd: 04 Yrs 02 Mo 11 Das, all AMS. 

b.  Grade Status:  A1C -  15 Aug  01  (Vacation of Article 15, 25 Sep 01) 

SrA -  3 Jan 00 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 25 Sep 01, Vacation, Robins AFB, GA -  Article 86.  You 

did, between on or about 6 Sep 01, and on or about 12 
Sep 01, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Building 963.  Reduction to A1C.  (No appeal) (No 
mitigation) 

(2) 15 Aug  01, Robins AFB, GA -  Article 86.  You did, on or 

about 7 Aug 01, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
5lSt Combat Communications Squadron.  Suspended 
reduction to A1C.  Restriction to Robins AFB, GA for 15 
days,  Fifteen days extra duty. (No appeal)  (No 
mitigation) 

e.  Additional: RIC, 20 JUN 01 -  Failure to go. 

LOR, 15 JUN 01 -  Failure to respond to a military recall 
RIC, 15 JUN 01 -  Failure to obey a direct order. 

f.  CM:  None. 

g.  Record of SV: 03 Sep 97 -  15 Aug 99  Tyndall AFB  5  (HAF Dir) 

16 Apr 99 -  15 Oct 99  Tyndall AFB  5  (CRO) 
16 Oct 99 -  28 Oct 00  Tyndall AFB  3  (Annual) 

h.  Awards  &  Decs:  APTR, AFLSAR, AFOSSTR, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (07) Mos  (04) Das 
TAMS:  (04) Yrs  (02) Mos  (11) Das 

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

(Change Discharge  to Honorable) 

NO  ISSUES SUBMITTED. 

ATCH 
None, 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel, ph. 926-5852, at 
building 368, on 16 Oct 01 at 1300 hours.  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three dutv days of the date of this letter 
unless you request and receive an extension for good cause.  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 physical examination on 17 Oct 01.  You must report to 
Physical Exam Section in building 700A at 1230 hours to fill out paperwork. Your follow-up 
appointment will be at Family Practice, building 700A, at 1245 hours.  You must be in 
ungorm and on time in order to keep the scheduled appointment, 
8.  You have been scheduled for an initial brieJng at separations with A1C I::::::::: 
7-7348, on 16 Oct 01 at 0800 hours.  Please bring an escort from your  unit for  assistance. 

; Bldg 905, 

9.  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 the Area Defense Counsel or your unit orderly 
room. 

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

Commander 

Attachments: 
1.  Supporting documents 

a.  AF Form 174, dtd 15 Jun01 
b.  LOR, dtd 15 ~ u n 0 1  
c.  AF Form 1 74, dtd 20 Jun 0 1 
d.  AF Form 3070, dtd 15 Aug 01 
e.  AF Form 366, dtd 25 Sep 01 
f.  EPRs 

2.  Airman's Receipt of Notification Memorandum