AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

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T Y P E   GEN 

PERSONAL APPEARANCE 

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RECORD REVIEW 

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NAME OF COUNSEL AND OR OR(;ANIZATION 

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VOTE OF Tfl& BOARD 

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ISSUES 

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HEARING DATE 

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CASE NUMBER 

TAPE RECORDING OF PERSONAL APPLARANC'):  Ill: 

08 Mar 2007 
APPl TCANT'S  ISSUt AND 1HE HOAKD S  UhClSlONAL  BArlUNALAKE 01SCUbSkI)ON  IHb A1'TACHFU AIR  FOHCF TASCHARGF RFVIFW ROARD DFCISIONAI. RATIONALL 

FD-2006-00365 

1  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. 
1  Names and votes will be made available to the applicant at the applicant's  request. 

SAFIMRRII 
5 5 0  C STWET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

ShCRETARY OFI'I4E  AIR FORCE PERSONNIII.  COINCIL 
AIR FORCE DISCH,\KCE  REVIEII.  BOARD 
1535 COMMAND DR, EE WING,JRD  FLOOR 
ANDREWS AFB. MD 20762-7002 

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Previous edition will  be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLIMBLH 

FD-2006-00365 

GENERAL:  The applicant  appeals  ibr upgrade  of  discharge  to  honorable  and  to  change  the  reason  and 
authority for the discharge. 

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

'Ihe attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FTNDTNGS:  Upgrade of discharge and change of reason and authority for discharge are 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 dischargc. 

ISSUE: Applicant contends discharge was inequitable because it was too harsh.  He indicatcd that the cause 
of his tardiness was a sleep disorder. 'She records indicated the applicant received two Article 15s, six Letters 
of Reprimand, and one Letter of Coui~sclii~g for misconduct.  The misconduct  included failure to go, late for 
duty on numerous occasions, uniform violations, failed dorm inspections, and speeding.  The Hoard 
acknowledged that the member received a clinical evaluation of his sleep functioning in search of a possible 
organic cause of his frequent tardiness in reporting to duty. However, the member's slccp study 
demonstrated "mild  obstructive sleep apnea" which the board believed did not mitigate either 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 behavior.  'lhe Board concluded the 
misconduct was a significant departure from conduct expccted of all nlilitary members.  The characterization 
of the discharge received by the applicant was found to bc appropriate. 

CONCLUSIONS:  The  Discharge  Revicw  Hoard  concludes  that  the  discharge  was  consistcnt  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 proccss. 

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 recld a GEN Disch fr USAF Hanscom AFB, MA on 18 
Sep 05 UP AFI 36-3208, para 36-3208, para 5.49 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge and Change the Reason for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Jan 86.  Enlmt Age: 17 0/12.  Disch Age: 19 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-92,  E-95,  G-97,  M-85. PAFSC: 3S051 -  Personnel Journeyman.  DAS: 
19 Jan 04. 

b.  Prior Sv: (1) AFRes 12 Feb 03 -  09 Jun 03  (3 months 28 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Jun 03 for 6 yrs. Svd: 02 Yrs 03 Mo 09 Das, all AMS. 

b.  Grade Status:  A m  -  17 May 05  (Vacation of Suspension, 1 Aug 05) 

A1C  -  25 Jul 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 1 Aug 05, Vacation, Wanscom AFB, MA  -  Article 92.  You 

failed, on or about 27 Jun 05, to obey a lawful 
regulation, to wit: paragraph A3.4.3 of Air Base Wing 
Supplement 1 to AFI 31-204, dated 1 May 04, by 
wrongfully operating your motor vehicle 28 miles per 
hour faster than the established and posted speed limit 
of 15 miles per hour through residential area of Marrett 
Street.  Reduced to A m .   (No appeal)  (No mitigation) 

(2) 17 May 05, Hanscom AFB, MA  -  Article 86.  You did, on 

or about 21 Apr 05, without authority, fail to go at the 
time perscribed to your appointed place of duty, to wit: 
66 MSS/DPMAE, Building 1305, Hanscom AFB, MA, at 0730 
hours.  Suspended reduction to A m .   Forfeiture of 
$150.00 pay per month for 2 months.  Five days extra 
duty and a reprimand.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 15 AUG 05 -  Failure to go and dorm room disorganized. 

LOR, 14 MAR  05 -  Failure to go. 
LOR, 28 DEC 04 -  Failure to maintain dorm cleanliness 

LOCI 17 DEC 04 -  Reported to duty in unironed uniform. 
LOR, 14 SEP 04 -  Failure to report to duty on time. 

standards. 

LOR, 24 AUG 04  -  Late for duty on three occasions. 
LOR, 1 9   JUL  0 4   -  Failure to go and late for duty on two 

occasions. 

f.  CM:  None. 
g.  Record of SV: 1 0   Jun 03  -  28 Feb 05  Hanscom AFB  4  (~nitial) 

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

i.  Stmt of Sv:  TMS: (02) Yrs  (07) Mos  ( 0 7 )   Das 
TAMS:  ( 0 2 )   Yrs  (03) Mos  ( 0 9 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 12 Sep 0 6 .  

(Change Discharge to Honorable and Change the Reason for Discharge.) 

Issue 1:  Upgrade is requested since narrative reason  (misconduct) was based 
on a sleep disorder that made it difficult to awaken to alarms for work.  Out of 
a 2 7   month record o f   service, discipline was never an issue outside of my 
medical condition.  I was a model Airman and a leader in 3   organizations before 
being ordered to step down. 

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ATCB 
1.  Memo from Dr : -....-..-..-. 
2.  Report from Sleep Hea-ithlCc-q$er. 
3 .   Final report from Dr : 
4.  Memo from Capt : 

.---------+  -----------" 

DEPARTMENT OF THE AIR FORCE 

66TH MISSION SUPPORT SQUADRON- 
HANSCOM AFB, MASSACHUSElTS 01731 

...................................... 
MEMORANDUM FOR  AMN! ...................................... 
FROM:  66 MSSICC 

SUBJECT:  Notification Memorandum 

AUG  3 0 2005 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct: 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 an under 
honorable conditions (general) discharge. 

2.  My reason for this action is: 

a.  On 19 July 2004, you failed to report to duty at the time prescribed.  For this you received 

a Letter of Counseling, dated 19 July 2004. 

. 

b.  Between on or about 3 August 2004 and on or about 24 August 2004 , you failed to report 

to duty at the time prescribed.  For this you received a Letter of Reprimand, dated 24 August 
2004. 

c.  On 9 September 2004, you failed to report to duty at the time prescribed.  For this you 

received a Letter of Reprimand, dated 14 September 2004. 

d.  On 17 December 2004, you reported to duty with your uniform out of standards.  For this 

you received a Letter of Counseling, dated 17 December 2004. 

e.  On 23 December 2004, you failed to keep your dorm room within standards.  For this you 

received a Letter of Reprimand, dated 28 December 2004. 

f.  On 8 March 2005, you failed to report to duty at the time prescribed.  For this you received 

a Letter of Reprimand, dated 14 March 2005. 

g.  On 21 April 2005, you failed to report to duty at the time prescribed.  For this you received 

Nonjudicial Punishment, dated 17 May 2005. 

h.  On 27 June 2005, you were stopped for driving 28 miles over the posted speed limit on 

Hanscom AFB.  For this your suspended reduction in grade was vacated on 1 August 2005. 

i.  On 11 August 2005, you failed to report to duty at the time prescribed.  For this you 

received a Letter of Reprimand, dated 15 August 2005. 

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. 

.,. 

4.  You have the right to consult counsel.  Military legal ................................. 
have nlade an appointment for YOU to consult Captain; ..-..-.-. .-. .-. .. .-. .-. .-.-. .-. .- iat 3 
KIRTLAND STREET BLDG 12 17, on A at 
civilian counsel at your own expense. 

counsel has been obtained to assist you.  I 

hours.  You may consult 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  2 Je #F 
unless you request and 
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 66th Medical Group, 
Vandenberg Drive 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 the unit orderly room. 

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

C-.-..-..-....-..-.----- 

Commander 

Attachments: 
1.  Receipt of Notification Memorandum 
2.  Recoupment Statement 
3.  Letter of Counseling, dated 19 July 2004 
4.  Letter of Reprimand, dated 24 August 2004 
5.  Letter of Reprimand, dated 14 September 2004 
6.  Letter of Counseling, dated 17 December 2004 
7.  Letter of Reprimand, dated 28 December 2004 
8.  Letter of Reprimand, dated 14 March 2005 
9.  AF Form 3070, dated 17 May 2005 
10.  Letter of Reprimand, dated 15 August 2005 
1 1.  EPR, dated 28 Feb 2005