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

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. 

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

+  Reenlistment Code 

550 C STREET WEST. SUITE 40 
RANDOL.PI I  APE, TX 7R 150-4742 

AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING,3RD FLOOR 
ANDREWS AFB. MD 20762-7WZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00376 

GENERAL:  The applicant appeals for upgrade  of discharge to  honorable and to  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 and change of reenlistment code 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 discharge. 

ISSUE: 

Applicant has expressed a desire to upgrade his discharge and change of his reenlistment code so that he may 
qualify for reenlistment into the armed forces.  The records indicated the applicant received two Letters of 
Reprimand for misconduct.  The applicant was administratively disciplined for two civilian arrests.  His first 
arrest was for larceny (theft of a lady's purse) and his second arrest was for failure to yield, reckless driving, 
and driving under the influence of alcohol.  The Board concluded 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. 

CONCLUSIONS:  The  Discharge  Rcview  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)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr U S A F   Keesler AFB,  M S   on 14 
Oct 05 UP AFI 36-3208, para 5.51  (Civilian Conviction).  Appeals for Honorable 
Discharge, and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 2 Feb 83.  EnLmt Age: 20 7/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-85,  G-80,  M-82. PAFSC: 4Y031 -  Dental Assistant 
Apprentice. DAS: 09 Jun 04. 

b.  Prior Sv: (1) AFRes 23 Sep 03 -  27 Jan 04  ( 4   months 5 days) (Inactive) . 

3.  SERVZCE UNDER  REVIEW: 

a.  Enlisted as AB 28 Jan 04 for 6 yrs. Svd: 01 Yrs 08 Mo 17 Das, all AMS. 
b.  Grade Status:  A1C -  12 M a r   04 

c.  Time Lost:  None. 

d.  A r t 1 5 ' s :   None 
e.  Additional: LOR, 08 AUG 05 -  Civil arrest for failure to yield, 

reckless driving, and DUI. 
LOR, 19 OCT 04 -  Civil arrest for larceny. 
DD 1408, 7 APR 05 -  Given ticket for speeding on base. 

f.  CM:  None. 

g.  Record of SV: None, 

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

i.  Stmt of Sv:  TMS: (02) Yrs  (00) Mos  (22) Das 
TAMS: (01) Yrs  (08) Mos  (17) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Sep 06. 

(Change Discharge to Honorable, and Change the RE Code) 

ISSUES ATTACHED TO B R I E F .  

b 
DEPARTMENT OF THE AIR FORCE 

81ST DENTAL SQUAORON 

KEESLER AFB, MISSISSIPPI 39534 

MEMORANDUM 

FROM:  8 1 DSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force as a result of a Civilian 
Conviction.  The authority for this action is AFPD 36-32 and AFI 36-3208, chapter 5, paragraph 
5.5 1.  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.  On 23 April 2005, you were arrested and charged with driving under the influence (DUI), 
reckless driving, and failure to yield to blue lights in DYIberville, MS.  For these infractions, on 
8 August 2005, you received a Letter of Reprimand.  In D'lberville Municipal Court, you pled not 
guilty to the DUI charge, and to the failure to yield to blue lights, but pled no-contest to the 
reckless driving charge.  For these infractions, the Court adjudged a fine of $63 1.50 plus an 
assessment of $208.50 for the DUI offense; a fine of $430.50 for the reckless driving charge plus 
an assessment of $6 1.50.  For the failure to yield charge, the Court adjudged a suspended fine of 
$305.00.  (Atch 1, Appendix A wlatchs) 

b.  On or about 17 July 2004, you were apprehended by the Biloxi, MS, police for lardeny of a 

lady's purse you took from a chair at the Imperial Palace Hotel and Casino, in Biloxi, MS.  You 
were found guilty and given a fine by a civilian judge,  In addition, you received a Letter of 
Reprimand, dated 19 October 2004.  (Atch 1, Appendix B wlatchs) 

c.  While not a basis for discharge, you were observed speeding by a Keesler Security Forces 

patrolman of driving a privately owned vehicle 36 miles per hour (mph) in a 15 mph zone.  For this 
infraction, you were counseled by the unit First Sergeant as documented on DD Form  1408.  (Atch 
1, Appendix C) 

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 and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C.  Section 2005(g). 

3.  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, rn ~p 

, at w&,@hm. 

The office is located in Bldg 0701, 

k p  Vf.3 - 2/& 

(Sablich Center), Room 243.  The ofice telephone number is 377-2429.  You may consult civilian 
counsel at your own expense. 

4.  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 caus