AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  G R A D E  

A1 C 

VAME OF SERVICE MEMBEK (LAST, FIRST M1DDI.E INITIAI.) 
....................... 

rYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COIINSEI. AND OH 0HGANIZ.A'I ION 

YES 

Nn 

X 

,.-..- .... -..- 
.  ...-..-..-..-. 

X 
ALIUHESS AND OR ORGANIZATION OF COIJNSEL 

RECORD REV1 EW 

MEMBEK SITTING 

I 
I 

HON 

I 

VOTE OF THE BOARD 

I  O'I'HER 

GRN 

IIO.I'IIC: 

I 

I 

DENY 

X 

X 

X 

X 

X 

EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

I  1 
1  2  1  APPLICATION FOR REVIEW OF DISC1 IAKCiR 
1  3  1  LETTER OF NOTIFICATION 

I 

i  ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 

PERSONAL  APPEARANCE 

'I'AI'E  RECORDING  OF PERSONAL APPEARANCE HE 

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

ISSUES 

A95.00 

INDEX NIJMREH 

A67.10 

HBAHINC IIA'I'L 

22 Mar 2007 
APPLICANT'S ISSUE AND TllE BOARD'S DECISIONAI. RATIONAI. ARE DISCIJSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00366 

Zase 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 
ipplication to the AFBCMR 

Ua~ncs and votes will be made available to the applicant at the applicant's request. 

........................................................................................................... 

. -. 

TI>. 

SAFIMRBR 
550 (: STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEMENT 

I  YHOM: 

ANDREWS AFB. MD ZO76ZdOOZ 

DATE:  5/4/2007 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00366 

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

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 is 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  specific issues contesting the  equity  or propriety  of the  discharge, but  states a 
desire to receive the G.I. Bill and is having a hard time finding employment.  After a thorough review of his 
record, the Board was not able to identify any evidence of inequity or impropriety.  The record indicates that 
the  applicant  received  seven  Letters  of  Reprimand,  two  Letters  of  Counseling,  three  Memorandums  for 
Record,  and an Article  15 for misconduct.  The misconduct  included  underage  drinking, driving under  the 
influence, late for duty (five times), negativelchallenging  attitude at work, failing to maintain proper uniform 
standards, financial  irresponsibility, and failing to obey a lawful  order (three times).  The Board  concluded 
that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his  negative 
behavior.  The Board found the applicant's  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. 

In regards to receiving the G.I. Bill and employment, 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. 

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 AlC)  (HGH AlC) 

PERSONNEL RECORD MISSING 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Davis-Monthan AFB, AZ on 
5 Apr 06 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a ,  DOB: 23 Nov 83.  Enlmt Age: 19 3/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-52,  E-61,  G-44,  M-42. PAFSC: 2A636 -  Aircraft Electronics & 
Environmental Systems Apprentice. DAS: 14 Jun 04. 

b.  Prior Sv: (1) AFRes 21 Mar 03 -  11 Nov 03  (7 months 21 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Nov 03 for 4 yrs. Svd: 02 Yrs 04 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  26 Dec 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Mar 06, Davis-Monthan AFB, AZ -  Article--?lr-.-- 

you ,------ 

having received a lawful order from T S g t  1 ---------------_----- i, 
an NCO, then known by you to be an NCO, to perform an 
auxiliary power unit test on Aircraft 198, an order 
which it was your duty to obey, did, on or about 30 Jan 
06, willfully disobey the same.  Suspended reduction to 
Airman.  Forfeiture of $100.00 pay per month for 2 
months, and 14 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 
LOR, 
LOR, 
LOR, 
MFR, 
LOR, 
MFR, 

08 FEB 06 -  Financial irresponsibility. 
05 NOV 05 -  Failure to obey an Order or Regulation. 
27 JUL 05 -  Failure to be accessible for weekend duty 
27 JUL 05 -  Late for duty. 
12 JUL 05 -  Failure to obey a lawful order. 
02 JUN 05 -  Late for duty. 
03 MAR 05 -  Failure to maintain proper uniform 

standards. 

LOC, 
MFR, 
LOR, 
LOC, 
LOR, 

26 MAY 05 -  Late for duty. 
16 MAY 05 - Negative and challenging attitude at work 
29 NOV 04 -  Late for duty. 
25 OCT 04 -  Late for duty. 
19 OCT 04 -  Consuming alcohol under age and driving 

under the influence of alcohol. 

f.  CM:  None. 

9.  Record of SV: 12 Nov 03 -  11 Jul 05  Davis-Monthan AFB  3  (Initial) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (00) Mos  (15) Das 
TAMS: (02) Yrs  (04) Mos  ( 2 4 )   Das 

4 .   BASIS  ADVANCED  FOR REVIEW:  Appln  (DD Fm  293) dtd ZL  Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  I ask for an upgrade on my discharge status to be honorable so i 

(sic) can access my GI bill  (sic) and go to school.  For the past 6 months since 
I have been back home, I had time to think about what I did and did not do to 
lead me to a discharge, I apologize for all of those i (sic) gave disrespect to, 
and all of those who showed me respect and the time of day, I want to press on 
with my life and want to go to school.  Education is the only thing i (sic) have 
going for me at the moment.  The economy over here is slow so its  (sic) pretty 
hard to find a decent job.  And is especially hard with a non honorable 
discharge.  I need a 2nd chance at life and I believe this is the only way I can 
succeed. 

ATCH 
None. 

355TH r V . R C W  MAlNTENANCE SQUADRON ( A m  

DAVIS-MONTWN AIR FORCE BASE, ARIZONA 

MEMORANDUM FOR  A1 C i .-.-.-.-........... 

.................................... 
- - - - - - - - - - - - - - - - - ?  

: 355 AMXS 

FROM:  355 AMXS/CC 

SUBJECT:  Notification Memorandum 

1.  I am rscommend'ing your discharge from the United Statos Au Po#  for Misconduct:  Minor 
Disciplirlaty Infiactiona.  'ha authority for this action is AFPD 36-32 and AF136-3208, 
paragraph 5.49.  If my rcwmmtndation is approved, your mvicc will be characterimd as an 
Under Honorable Conditions (OenererS) discha.. 

2.  My masons for this action are: 

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

a.  On 16 Sep 04, while on woakcnd duty you werc relcascd with the understanding that you 
would be recalled in 3-4 hours and to remain on standby.  When you werc recalled to duty by 
S3ge ----------------. 
!,  it was evident to him that you had consumed an alcoholic beverage.  You 
also knowingly consumed alcohol while under the mge  of 21 and then drove a vehicle. As a 
result, you meived a Letlcr of Reprimand (LOR) on 19 Oct 04 (Tab A). 

b,  On 22 Oct 04, you failcd to show for mandatory roll call sohedulcd for 0700. As a result, 

you rcoeivcd a Lcttur of Counseling (IDC) on 25 &t  04 (Tab B). 

c.  On 29 Nov 04, you failcd to show for mandatory roll call scheduled for 0645. 

Additionally, when you d v c d  your unlforrn was not prcscntable.  As a msult, you recdved a 
LOR on 29 Nov 04 (Tab C). 

d.  On 26 May 05, you ovcrJle~~t and failad to show for work until well after your scheduled 

work time of 0700.  As a result, you received a LOC on 26 May 05 (Tab D), 

e.  On 2 Sum 05, you overslept again and failed to show at 0600 for your scheduled work time. 

As a result, you received a LOR on 2 Jun 05 (Tab E). 

f  On 23 Jul05, you wcrt unrwchable for wmkend duty.  As a result, you received a L,OC on 

27 Jul05 (Tab F). 

g.  On 26 Jul 05, despite being counseled repeatedly you were 45 minutes late for work. As  a 

rcsul.t, you w i v e d  a LOR on 27 Julb5 (Tag a). 

h. On 17 Oct 05, you removed an Oxygen Regulator from A9167 and failed tu documcnt a 
R d  X condition in the aircraft forms.  Also, on 1 Nov 05, you removed thc numbcr two cngihe 

PAGE  09/56 

bleed air loop from A81 47 and Riled to documorit a Red X condition in the forms.  By fafling to 
document these aircraft forms, you disabcyed Ttchical Order 00-20-1,  As a msult, you received 
a 1,QR  on 5 Nov 05 [Tab H)& 

i. On 3 Feb 06, MSgtL 

payment OF your WES  Miiij'~iai'~1i~d 
LOR an 8 Feb 06 (Tab I). 

:was informed that you arc 3 months delinquent on 

in thc mount of $54.00.  As a result3 you received a 

j.  0 n  or about 30 Jan 06, you willfittly disobeyed a dimct ~rdcr fiotn mgt; - - - - - - - - - - - - - - - - - - - i a  

norl commissioned officer, thcn know by you to be a noncommissioned omccr, to pfform an 
auxiliary powr unit test on Aircraft 198, an order which you willfully disobeyed.  As a rcsult, 
you received punisbent.by Article 15. UCMJ, wnsisting of forfeiture of $100.00 pay per month 
for 2 months a ~ d  14 days exbra duty on 28 Feb 06 (Tab J), 

.................... 

3.  Jn  recommending yaw discharge, I am also considering thc three Memorandums for Record 
(MFRs) dealing with your uniform and you attitude at work (Tab 6). 

4,  Copies of the documents to be f o d d  to the separation authority in support of this 
The commandat exercising SPCM jurisdiction or highcr authority 
reclrmrnendation ara *had. 
will decide whether you will be discharged ar retained in the United States Air Fom and, if you 
are discharged, how your service will be chmcterizjcd, If you arc dlsrcharged, you will be 
ineligib,~ for reenlistment in the Air Farce and any spccial pay, bonus, or education assistance 
funds may be subject to recoupment. Thc separation authority will makc the findings and 
recommendations rcquired under 1 0 U.S.C. Section 2005(g). 

S.  You have the right to consult counsel.  Military lcgal counsel has been obtained to assist yuu. 
I havc m d c  an appointment for you to comult Captain: 
228-3664, on Ilr m ~r obd 
own expense. 

burs.  You may cowldt civili&ll counsel at your 

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

iat AFLSA/ADC, 

at QT  3 O 

6. You have the right to mbdt statements in you own behalf,  Any statements you want the 
separation authority to consider must nach me by a O tw e o ~ ,
  unless you q u e s t  and 
reccive an extension for good cause shown.  I wiU send them to the separation authority. 

7.  If you fail to consult counscl or to submjt statmcn4 in your own behalf. your failure will 
constitute a waiver o f  your right to do so. 

8.  You hava been scheduled for a mcdical examination.  You must report to your pmel 
(COPPER- 1 593, SILVER-2803, BLUE- I 567),  355th Medical Cffoup on 
.

,

 , at 

hours for the examination. 

9. You havc bccn scheduled for an initial outpioccsshg briefing.  You must report to thc 
Military Personnel Flight (MPF), Sopardions Elemant, building 2300, room 1 14, at 
1300 
please call 228-5326. 

for thc outl)tocessing briefing.  If you have quesiions, 

hours on  I b W\ML  b,k 

* 

. -  

11/13/2006  1l:BZ 

5202286969 

355 WC  JA DM AFB  AZ 

PAGE  18/56 

10.  Aay per~onal ipfmation you ilrmigh in rebudal b covered by the Mvaey Ad of 1974.  A 
copy of AFI 36-3208 io available for your use at Aria Defense Cowel's office. 

1 1.  Exco~~tc the attached acknowlodgtncnt and return it to me immediately. 

.................................................... 

C........-...-....-----.-----------.---------------' 

Commander 

Atlachmants: 
1.  Supporting Documents: 

. 

a.  LOR, 19 Oct 04 (2 pgs) 
b. LOC, 25 Oct 04 (2 pgs) 
c.  LOR, 29 Nov 04 (2 pgs) 
d.  LOC, 26 May 05 (2 pgs) 
E.  LOR, 2 Jufi 05 (2 pgs) 
f. LOR, 27 Jul05 (2 pgs) 
g.  LOR, 27 JulO5 (2 pga) 
h. LOR, S Nov 05 (2 pga) 
i. LOR, 8 Fab 06 (2 pgs) 
j,  Article 15,28 Fcb 06 (3 pgs), Mcmbars Response (2 pgs) 

2.  Other Documents: 3 Memorandum for Records (3 pgs) 
3.  Rcccipt of Notification Memorandum