NAME OF SERVICE MEMBER (1,AST. FIRST M1DDI.K INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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(TYPE GEN 
cOuNsEL 

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j  NAME d F  COtINSEL AND OR OW4NlZATION 

PERSONAL APPEARANCE 

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)  AIBDRESS AND OR OKGANlZATlON OE  COIJNSEL 

RECORDREVIEW 

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MEMBER SITTING 

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VO*  OF THE BO&W 
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IbSllFS 

A94.05 
A92.17 

INUt\  NllMRFR 

A67.10 

I  IIEARINF DATE 
1  08 Feb 2007 

1  FD-2005-00368 

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EXH~BITS SUBMIYI'ED TO ~
I  ORDER APPOn\lTn\lG TfIk, BOARD 

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2  /  APPLICATION  FOR REVIEW OF DISCHARGE 

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BOARD 

 

LETTER OF NO'I'IFICATION 

PERSONAI. AI'I'EARANCE 

TAPE MCORIIING OF PERSONAL APPF,ARANCC IiI: 

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Advise applicant of the decision of the Board, thc right to a personal appearance withlwithout counsel, and the right to s u b i n i t  an 
application to the AFBCMR 

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

SAFIMIIBK 
550 C STREET WEST, SUI'I'F. 40 
RAN 1)OL.PI-I AFB, TX 78 150-4742 

SECRET\RY  Ot 1HFAIR FORCE PLHSOVhEL  ( OI 'IC 11 
4IR  FORCE DISCHAHLF  RE\ IEU  BO\HI) 
1535 COMMA'ID 1)R. EEUI\C,3RI)  ).I OOR 
ANDKEWS AFB,  MD 10762-7002 

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AFHQ FORM 0-2077, .JAN 00 

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(EF-V2) 

P r e v i o u s  e d i t i o n  will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00368 

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 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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15's for misconduct.  Applicant received his first Article  15 for driving under 
the influence and failing to refrain from possessing alcohol while under the agc of 2 1.  Mc was punished with 
a reduction in grade to Airman Basic, restricted to base for 30 days, and a reprimand.  His second Article  15 
was for driving under the influence of alcohol and driving in a reckless manner.  He was reduced in grade to 
Airman Basic, restricted to base for 30 days, required to perform 30 days of extra duty, and a reprimand. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
his negative behavior.  'The Roard concluded the misconduct was a significant departure from conduct 
expected of all military meinbcrs.  The characteri~ation of the discharge received by the applicant was found 
to be appropriate. 

Issue 2.  Applicant states that his dischargc did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

CONCLUSIONS:  'lhe 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 Davis-Monthan AFB, AZ on 5 
Nov 04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Oct 82.  Enlmt Age: 19 4/12.  Disch Age: 22 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-45,  G-47,  M-49. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 2 Oct 02. 

b.  Prior Sv: (1) AFRes 28 Feb 02 -  6 May 02 (2 months 9 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB  7 May 02 for 4 yrs. Svd: 02 Yrs 05 Mo 29 Das, all AMS. 

b.  Grade Status:  AB -  21 Sep 04  (~rticle 15, 21 Sep 04) 

A1C -  27 Apr 04 
Arnn  -  27 Jun 03 
AB  -  27 Dec 02  (Article 15, 27 Dec 02) 
A m  -  8 Nov 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 21 Sep 04, Davis-Monthan APB, AZ -  Article 111.  You 
did, on or about 29 Aug 04, near Craycroft and Madera 
Road, operate a vehicle, to wit: a passenger car, 1999 
Four Door Sedan Mazda, while drunk in a reckless manner 
by almost hitting A1C Gary W. Flacksenburg.  You did, on 
or about 29 Aug 04, near Kachina Road operate a vehicle, 
to wit: a passenger car, 1999 Four Door Sedan Mazda, 
while drunk in a reckless manner by driving with your 
headlights turned off at night.  Reduction to AB. 
Restriction to Davis-Monthan AFB, AZ  for 30 days, 30 
days extra duty, and a reprimand. (No appeal)  (No 
mitigation) 

(2) 27 Dec 02, Davis-Monthan AFB, AZ, Article 92.  You, who 
knew of your duties at or near Nogales, Arizona, between 
on or about 30 Nov 02 and on or about 1 Dec 02, were 
derelict in the performance of those duties, in that you 
willfully failed to refrain from drinking and possessing 
alcoholic beverages while under the age of 21, as it was 
your duty to do.  Article 111.  You did, at or near 

Tucson, Arizona, between on or about 30 Nov 02 and on or 
about 1 Dec 02, physically control a vehicle, to wit: a 
passenger car, while drunk.  Reduction to AB. 
Restriction to Davis-Monthan AFB, AZ,  for 30 days, and a 
reprimand. (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 7 May 02 -  6 Jan 04  Davis Monthan AFB  4 (Initial) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (09) Das 
TAMS:  (02) Yrs  (05) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Sep 05. 

(Change Discharge to Honorable) 

ISSUES  ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214  (Member 1 &  4) . 
3. AF Form 77, Supplemental Evaluation Sheet. 
4. Enlisted Performance Report. 

g. 6  SEP  m 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

[R'oero rsed lnatructlons on Pages 3 end 4 BEFORE ~omplering this appllcat1on.l 

Form Approved 
OMB NO.  0 7 0 4 - O O ~  
Ex~ir06 dug 31, 2006 

1 conbel numb.,. 

of el* collmctian 
pmvlelon oi law;  no  rraon rhrll br ~ibJut to my penmy lor faillv~ to corn  ly u~fh r collrctbn ot intormaion if It does not dlaploy s bunsnlly voLa  OMB 

Tho  publlo rvponhp bwdsn f a  *Is  balhotlm of  information ia  nrtlmebd to rvw#pr30 mhutw p.r  rrrpmw, inoludiw me timr  for  reviewing i n s t w ~ t l o ~ ,  wowchino ewislng data ~ o u r ~ ~ s .  
psth.rhg .nd rndntrlnlng rha dnt4 Madsd, 4 d  ormplat!nn end reviawing rho tollrciion of i n f a n n ~ t i ~ .  Smd aornmmts rapording Ihlr burden adrnrtr or  m y  othrr ~ ~ p r c t  
01 Informatlm. hcM!iw rwwnlw tor nduclno rM Duraon, to ttn Dewtnwnt ot Dctm~a. Exccmba Srwlcss and Comrnunhatkm Dlnotoreta IOfOCW04). Reapondonm rhou#  be B W B ~ ~  
a r t  notwkhdnndho MY  &I 
I BACK OF THIS PAOE. 

P L W E  00 NOT  RETURN Y ~ U R  FORM TO  THE  ABOVE OROANIZ4TION.   URN COMPLETED FORM TO  THC  APPROPRIATE ADDRESS  ON I 
1 

PRIVACY ACT STATEMENT 

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IYYYYMMDO) (If dare is mom t b n  15 years 
ago,  submlr a OD Miin 149) 
2004110S 

% 

3.  UNIT AND LOCATION ATDISCHARGE 

OR  SEPARATlON 

HONORABLE 
GENERALIUNOER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT /Spacial court~martial only) 
UNCHARACTERIZED 
OTHER (&lain/ 
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355 SECUR E Y  PO L E E  SQ @C C 1 
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n ~ v - ~ : ~ n w . r w n ~  
6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REOUEST IContlnua in /tam 14.  See inrrrucrions on 
M+%"~~~KARGE WAS INEQUITABLE DUE TO THE FACT THAT MY PRIOR  YEARS OF HONORABLE SERVICE AND 
DUTY IN ENDURING FREEDOM. IRA01 E'REEDOM. AND THE CLOSING DOWN OF PRINCE SULTAN ALR  BASE 
ALONG WITH NORMAL DUTY EkKE  THE UNIT&  STATES HAS B E N  OVER LOOKED.  MY HARD WORK AND 
GREAT EFFORT TO SERVE MY COUNTRY WAS AW, WIPED AWAY WITH ONE MISTAKE DURTNG OFF DUTY TIME, 

6.  BOARD ACTION REQUESTED IX  anal 
% 

CHANGE TO HONORABLE 
CHANQE TO  QENERALIUNDER 
HONORABLE CONDllldNB 
CHANGE TO UNCHARACTERIZED 
/Not applicable for Alr  Force/ 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

AUTHORITY:  10 U.S.C.  1663; E.O.  9397. 
PRINCIPAL WRPOSE(S1:  To apply tar a change In the characterization or reason for  military  diachargo iasuod to an individual. 
ROUTINE USE($]:  None. 
DISCLOSURE.  Voluntary;  however, failure to provider identifying information may impede proceaslng of thls sppllcstion.  The request for 
Social Securltv Number is strialv to assure DroDer  idendflcation of the Indlvidunl and appropriate records. 
1.  APPUCANT DATA  (The person whose discharge Is t o  be rsviowod).  PLEASE PRINT OR  TYPE INFORMATION. 
8.  BRANCH OP SERVICE [X one] 1 MARINE W R P S  
----------------------. 
b.  NAME  ILert, Flrat,  Mlddle InhW] 
2.  DATE OF DISCHARGE OR SEPARATION 

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4.  DISCHARGE CHARACTERIZATION RECEIVED IX  onul 

o.  ORADEIRANK A T  DISCHAROE 

d.  SOClAL SECEY-!!M?E?- 

)C  I AIR  FORCE 

COABTOUARD 

E-l/AB 

N A W  

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(  7. IX if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYWMMDD) 
I  AND THIS FORM IS SUEMIVED f 0 ADD ADDITIONAL ISSUES, JUSTIFICATION.  OR  EVIDENCE. 
H mllhew documents or medlcd raced# u e  r h v m t  to vow cas*,  plwse send copies.] 

8.  IN SUPPORT OF THIS AP p 
SEE A'lTACHED DOCUMENTS 

9.  TYPE OF REVIEW REQUESTED (X one) 
K 

CONDUCT A RECORD REVIEW OF MY  DlSCHARQE EASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL  DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR Icounsswrepr#aantatkd~ WILL NOT APPEAR BEFORE THE BOAAD. 
I AND/OR  IcouweYrepre6entativ) WISH TO APPEAR AT A HMRING AT  NO WPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINQTON.  D.C. METROPOLITAN AREA. 
I AND/OR  Icwn~eYr9prosent~tiv~l WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST To 
(NOTE:  The Nevy O~schrrge Ruvlew Board dons  not  have a  travehng panel) 

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-  - 

10.a. COUNS 

ISoe  ttm  10 of rhcr ir~st~ctlrns about couns~Uruprosenrarlvn.1 

t.  E-MAIL 

11.  APPLICANT MUST SlGN  IN ITEM 13.8. BELOW.  If the record in questlon ir that of a daoaosad orincom~etent person.  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  It the application is signed by other than the aopllcant  Indicate 
the nama (print1 

and relatlonahlp by marklng a box below. 

a.  PAX NUMBER  Ilncluda Aree Coda) 
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[Fonvadnotnlestlon of any chang*  in eddfass.1 

o.  E-MAIL 

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13.  CERTIFICATION.  I makm thm forogaiq statemento, so part of my cldm,  with full knewledge of the 
penaltie8 Involved for wUlfully making a false statrmrnt or clalrn.  /U.S* Code,  Tirle  18, Secriom 287 
and 100 1,  pmvlde that an Individual shall be flned under thls title  or lrnpri$oned not more than 5 years, 
or both.) 

a.  SIONA/UR@ - REdlllRED f&p!?!~t~~r-p.arson  in hem  11 above) 

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

b.  OAT€  SIGNED - REQUIRED 

(YYYYMMPDI 

d.  FAX NUMBER Ilncluda Area fade) 
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CASE NUMBER 

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rC 
DD FORM 293, MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

Pege  1  of 4 Pages 

14. CONTINUATION OF ITEM 6, ISSUES /If rpplicaWe~ 
TWO VOLUNTARY TOURS OVER SEAS IN THE PERSIAN GULP. ALONG WITH VOLUNTEERING TlME TO THE 
C O M M m l T Y .  
SEE ATTACHED; JOB PERFORMANCE REPORTS 

16. CONTINUATION OF IYEM 8, SUPPORTING aOCUMENTS (If app/icablel 
Sl%  ATTACHED DOCUMENTS 

18. REMARKS /If  ~~~plicable) 
SINCE MY DISCHARGE I HAVE LEAlWED A LOT ABOUT THE ADULT WORLD. I HAVE MADE MANY CHANGES IN 
MY LIFE.  T HAVE SET SOME GOALS FOR MYSELF. ONE IN WHICH DEALS WITH COLLEGE.  IN THE YEAR 2006 I 
PLAN ON GOING TO COLLEGE TO GET A DEGREE IN PHYSICAL EDUCATION. I AM VERY INTERESTED WITH 
PHYSICAL EDUCATION AND IIEALTH OF THE HUMAN BODY. BEFORE I SIGNED WJTH TEE AIR FORCE I WAS 
BY U-1A COLUiGES FOR FOOTBALL.  FOOTBALL HAS ALWAYS BF!N  MY DDREAM, 
BEING HEAVKY RECR- 
IT HAS ALWAYS BEEN SOhETHING I HAVE BEEN GREAT AT.  AFTER 911 1 INCIDENT I GAVE UP MY DREAM OF 
COLLEGE AND FOOTBALL TO SERVE MY COUNTRY.  NOW I FEEL I HAVE NOTHING TO SHOW FOR THE LAST 
FEW YEARS OF MY  LIFE.  DUB TO THE GENERAL DISCHARGE I HAVE RECEIVED, IT HAS BEEN VERY DIFFICULT 
m I N G  A 00OD JOB ALONG WITH GETTING INTO COLLEGE DUE TO LACK OF FINANCES. 
MOREOVER, I HAVE MADE MISTAKES ALL THROUGH OUT MY  LEARNMG LIFE.  I WLLL CONTINUE ~~G 
THIS LIFE I-IOF%FULLY WmrOUT MISTAKES. WE AU MAKE MISTAKES THOUGH.  I ASK THAT YOU FIND IT D\1 
YOUR HEARTS TO SEE AND UNDERSTAND THAT I AM ONLY HUMAN JUST LIKE YOU, WITH HUMAN L l E  
SrrZTATIONS AND HUMAN PROBLEMS. W E  ALL MAICE MISTAKES AND FAIL ONCE IN A WHILE.  SOMETHING I 
HAVE LEARNED IS TO PAIL FORWARD AND TO MAKl3 BEITE3R DECISIONS. 

IN 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

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ARMY 

Army Review Boards Agency 
Support Division, St.  Lwis 
9700 Pagd Avenue 
St. Louis, MO  83\32-5200 
(See http:llarbe.arrny.pentagon.mil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFlMRBR 
650-C Street West,  Sulte 40 
Randolph AFB, TX  781 50.4742 

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NAVY AND MARINE CORPS 

Neval Councll of Personnel Boerds 
720 Kennon Street, S.E. 
Room 309 (NDRBI 
Waehington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street. S.W.  Room 5500 
Washington, DC  20593 

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DD FORM 293, MAR 2004 

1 
Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 
355TH SECURITY FORCES SQUADRON (ACC) 
DAVISMONTHAN AIR FORCE BASE, ARIZONA 

MEMORANDUM FOR  AB 1 -. . . . -. . -. -. . -. . . . -. . -. . . _-. . -. -. . -. . . . -. . I 

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

FROM:  355 SFSJCC 

SUBJECT: Notification Memorandum 

FD2005-00368 

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2 6 OCT  2004 

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1.  I am recommending your discharge from 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 an 
Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  Between on or about 30 Nov 02 and 1 Dec 02, you were derelict in the performance of 

your duties when you failed to r e W  from drinking and possessing alcoholic beverages while 
under the age of 21 and drove a vehicle while drunk. As a result, you received punishment under 
Article 15, UCMJ, on 27 Dec 02 (Tab A). 

b.  On or about 29 Aug 04, you operated a vehicle in a drunk and reckless manner, almost 
; and driving without your headlights on.  As a result, you 
5, UCMJ, on 21  Sep 04 (Tab B). 

hitting AlC: 
received p u i i i i h ~ i ~ ~ & ~ ~ f d i ' l  

3.  Copies of the docwmts 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, w education assistance 
funds may be subject to recoupment. The separation authority will make the findings and 
recommendations required under 1 0 U.S .C. Section 2005(g). 

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 Captain; --------------- !at AFLSAIADC, 228-5664, 
on 26 D t T  260YJ at  143 0 
expense. 

hours.  You may consult civilian counsel at your own 

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

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 
unless you request and 
receive an extension for good cause shown. I will send them to &e separation authority. 

fi T 0 L( 

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 PHA Clinic, 355th 
Medical Group on  2 il 

'%  , at  t7f3~  hours for the examination. 

8.  You have been scheduled for an initial outprocessing briefing.  You must report to the 
Military Personnel Flight (MPF), Separations Element, building 2300, room 1 16, at 
0900 
please call 228-5326. 

0 4  for the outprocessing briefing.  If you have questions, 

hours on  $7 

9.  Any personal information you knish 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's office. 

10, Execute the attached acknowledgment and return it to me immediately. 

C - . . . . - . . . . - . . . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

Commander 

Attachments: 
1.  Supporting Documents: 

Evidence (7 pgs) 

a A .  Form 3070, Record of Nonjudicial Punishment, 27 Dec 02 (3 pgs), and Supporting 

b.  AF Form 3070, Record of Nonjudicial Punishment, 2 1 Sep 04, (3 pgs), Member Response, 

15 Sep 04 (1 pg), and Supporting Evidence (23 pgs) 

2.  Receipt of Notification Memorandum