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AF | DRB | CY2007 | FD2006-00378
Original file (FD2006-00378.pdf) Auto-classification: Denied
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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

A l C  

X 

I  AFSNISSAN 
,..-..-..-..-..-.. 
------------------ 

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

TYPE  GEN 

C'uNsEL 

YES 

No 

X 

I 

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PERSONAL APPEARANCE 

RECORD REVIEW 

NAME  OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COllNSEI 

MEMBER SITTING 

HON 

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VOTE OF THE BOA& 

&N'"*  iT  UOTHC 

OTHER 

" -*." 

DENY 

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ISSUES 

A95.00 

INDEX NUMRFR 

A67. I0 

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2 
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EXHIBITS S U B M ~ D  Tq@@ BOARD 

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ORDER APPOINTING  THC BOAR[) 
APPI.ICATION  FOR REVIEW OF DISC1 IAKGB 
1.EI-I F.K OF NOTIFICATION 
BRIEF OF PERSONNEL  FILL 
COUNSEL'S  RELEASE TO THE BOAR13 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

HEARING DATE 

1  20 Mar 2007 

CASE NUMBER 

I  FD-2006-00378 

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APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATlONAL ARF. DISC USSED ON THE ATYACHED .AIR FORCE UISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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. 

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

*  Reason and Authority 
+ Reenlistment Code 

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

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TO: 

--.7-.r-..-..-..-....-..,..-..-..r.r-..-.-..-..-..-. 

WORSEMENT 

V ' 

--..-..-....-..-I 

DATE: -3L?2/2007 

SAFNRBR 
550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY O F  I'HK AIR  FORCE PERSONNEL  COllNClL 
AIR  FORCE DISCHARGE  R t V l t H   HOARL) 
1535 COMMAhD DR. 6 E  HING. 3RD FI.OOR 
AhDREU'S AFR.  MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00378 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, 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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 issues and requested that the review be completed based on the available service 
record.  The applicant admits that he was immature and made mistakes while in the Air Force.  He has 
expressed a desire for upgrade of his discharge to qualify for reenlistment with the armed forces.  The Board 
reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an 
upgrade of discharge.  The records indicated the applicant received an Article  15, four Letters of Reprimand, 
and a Letter of Counseling for misconduct.  He received an Article  15 for writing a check for his rent deposit 
and failed to maintain sufficient funds in his checking account.  He was punished with a reduction in grade 
to Airman First Class.  He was administratively disciplined for financial irresponsibility, assaulting a fellow 
Airman and a traffic ticket.  The DRB opined that through these administrative actions, the applicant had 
ample opportunities to change his negative behavior.  The Board concluded the 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  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 S M )  

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Howard AFB, Panama on 24 
Apr 97 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Aug 73.  Enlmt Age: 17 10/12.  Disch Age: 23 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-58,  E-54,  G-44,  M-41. PAFSC: 33751 -  Fire Protection Journeyman. 
DAS: 8 Sep 95. 

b.  Prior Sv: (1) AFRes 6 Jun 91 -  16 Mar 92 (9 months 11 days) (Inactive). 

(2)  Enlisted as AB 17 Mar 92 for 4 yrs.  Extended 29 Jun 94 
for 20 months.  Svd:  03 Yrs 4 Months 11 Days, all M S .   AMN -  17 Sep 92.  A1C - 
17 Jul 93.  SrA -  17 Mar 95.  EPRs:  4,3,3. 

ART 15:  17 Jan 95, Davis-Monthan AFB, AZ -  Article 86.  You did, 

on or about 5 Jan 95, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit:  Building 680.  Fifteen days extra duty.  (No 
appeal) (No mitigation). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as SrA 28 Jul 95 for 4 yrs.  Extended 20 May 96 for 2 months. 

Svd: 01 Yrs 08 Mo 27 Das, all AMS. 

b,  Grade Status:  A1C -  22 Oct 96 (Article 15, 22 Oct 96) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Oct 96, Howard AFB,  Panama -  Article 92.  You, did, 

b-..-..-..-..-.. 

--------------- 
on or about 10 May 96, make and utter to : 
.-..-..-..-..-.. 
...-..-..-..-.. 
:,  your landlord, a certain check in words and 
figures as follows, to wit: check number 1311 in the 
amount of $900.00, for the purpose of paying the deposit 
on your rental house, and did thereafter dishonorably 
fail to maintain sufficient funds in the Bank of America 
for payment of such check in full upon its presentment 
for payment.  Reduction to A1C.  (Appeal/Denied) (No 
mitigation) 

1 

e.  Additional: LOR/UIF, 31 MAR  97 -  Financial irresponsibility. 
LOR/UIF, 22 OCT 96 -  Financial irresponsibility. 
LOR, 12 JUL 96 -  Financial irresponsibility. 

LOR, 06 JUN  96 - Assaulting a fellow Airman. 
LOC, 16 FEB 96  -  Traffic ticket for failure to stop at a 

stop sign. 

f.  CM:  None. 

g.  Record of SV: 22 Jul 9 5  -  21 Jul 96  Howard AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFLSAR, AFTR, SWASM, AFOUA, AFOSLTR. 

i.  Stmt of Sv:  TMS: (05) Yrs  (10) Mos  (19) Das 
TAMS:  (05) Y ~ s  (01) MOS  (08) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  AppLn  (DD Fm 293) dtd 09 Sep 06. 

(Change Discharge to Honorable, and Change the RE Code, Reason for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Forms 214  (Member 1&4) . 
3. DD 256AF, Honorable Discharge. 

SEP 2 1 aOOB 

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APPLICATION FOR THE REVIWV OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

Form ~pplovsd 
OMB NO.  07- 
Expires Aug 31,2006 

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BACK OF THIS PAGE. 

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PRIVACY ACT STATEMENT 

AUTHORTTY:  10 U.S.C.  1663; E.O.  9'397. 
PfUNClPfi  PURPOGE(S):  To apply for a change in the characterization or  reason for military discharge issued to an individual. 
ROUnNE USE(8):  None. 
DISCLOBURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the Individual and appropriate records. 
1.  APPLICANT DATA  (The person whose discharge is to be reviewed).  PLEASE PAINT OR  rVPE INFORMATION. 
I  MARINE  CORPS 
a.  BRANCH OF SERVICE IX  one)  I 
b.  ,41CUF. l l u t  -Clcv.  UIddkInIWC - - - c c  c  c c  c c  c c c c c  c c c c c  c CL - - - , 

g&cl!fifiNYhl@-fi - - - - - - -, 
2. DATE W DISCHARGE OFY'sEPARATI0N  4.  DISCHARGE CHARACTERIZATION RECENED I X o n d   5.  BOARD ACTION REQUESTED l X  onel 

1x1 AIR  FORCE 

I COAST GUARD 

c.  GRADEIRANK AT DISCHARGE 

& -3 

( ARMY  I 

1  NAW 

d.  S?$!& 

L 

l WWMMDD)  I# date Is m r e  than  16 years 
ago,  submil a DD Fwm 149) 

1947 &f  dl/ 

3.  UNIT AND LOCAnON AT DISCHARGE 

OR  SEPARATION 

HONORAEllE 
DENERAUUNDER HONORAQLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT ISp.clal CNH-mrtM only) 
UNCHARACTERIXED 
OTHER (Explain) 

CHANGE TO HONORABLE 
CHANGE TO QENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCMARACTERIZED 
(Nor appl~cable for Ak  Force) 

) 7. IXif aPpIkabIeJ AN APPLICATION WAS PREVIOUSLV SUBMllTED ON IYYWMMDD) 

1 8.  IN SUPPORT OF THIS'APPL~CA~UN. THE F3UO'WiHO ATTACHED DOCUMENfS ARE SUB#IlT€O  AS EVIDUCE: IC4nrlnue 17  lrem  17.  I 
I  (  AND ~ W B  FORM  1s SUBMITTED  TO ADD m l n o N f i   ISSUES,  JUSTIFICATION, 

If mllifery documnrs or mcdlcal records em relevant to your case, please send copies.) 

OR EVIDENCE, 

(See Item  10 o f  rho Inst~ctions about c o u ~ t d h p s e m a t I v e . )  

I 

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1 1.  APPLICANT MU 

DEATH OR  INCOMP 
the n m E n t l  

. BELOW.  If the record In querdon Is that of a dacamd or I n c o ~ t e n t  penon, LEGAL PROOF OF 
-  - m d  rslatlonrhp by marking a box Wow. - 
CCOMPANY THE APPLICATION.  If thr rp llmth Ir rlgnd by other than the applicant, Indimto 

1  d.  FAX NUMBER IlmIude Area Code) 
I 

I 

12.11.  CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE 

I b.  TELEPHONE NUMBER IlneIuda 

c.  E-MAIL 11 I 

CASE NUMBER 

ID0 not wdte in this space. J 

r :  

:I 1 above) 

b.  DATE SIQNEO - REQUIRED 

E D d ~ ~ 6 - ~ ~ 3 7 g  

PREVIOUS EDITIONS A R E - O B S ~ T E .  

Pag. 1 of 4 Pager 

16. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS /If applicable1 

Q.  m p y d   Ad 
@  c o & d  

[ k d y b b  

Army Review Boards Agency 
Support Dlvieion, St. Louis 
9700 Pagi Avenue 
St.  Louis,  MO  83132-6200 
(See http://arba.army.pentagon.mil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFlMRBR 
660-C Street West, Sulte 40 
Randolph AFB, TX  781 604742 

DO FORM 293, MAR 2004 

Naval  Council of Personhei Boards 
7 2 0  Kannon Street, S.E, 
Room 309 (NDRBI 
Washington Navy Yard, DC  20374-6023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM1 
2100 Second Street, S.W.  Room 5600 
Washington, DC  20593 

Page 2 of 4 Pager . 

0 

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DEPARTMENT OF THE AIR  FORCE 

2 4 - r ~  CIVIL  ENGINEER  SQUADRON  (ACC) 

HOWARD AIR  FORCE BASE,  PANAMA 

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

0 3  APR 

lo$? 

MEMORANDUM FOR A1 C i ----------------------------------------------------------. 
FROM: CC 
SUBJECT: Notification Letter - Processing According to AFI 36-3208 
1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions according to AFPD 36-32 and AFI 36-3208 under the provisions of 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 under 
honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  You did, on or about 26 April 1996 issue a check to the Albrook Club in the amount of 
$200.00, and failed to maintain sufficient funds in your account to pay said check.  You also, on 
or about 6 June 1996, issued two checks to the Howard Enlisted Club totaling $239.00, and 
failed to maintain sufficient funds in your account to pay said checks.  Further, you failed to 
make payments on just debts in accordance with a payment agreement which you and the NAF 
Financial Management Officer agreed to, and you dishonorably failed to pay just debts to wit: 
repayment of returned checks.  As a result of your misconduct, you received a Letter of 
Reprimand, dated 3 1 March 1 997. 

b.  You did, between on or about 17 August .---------------------, 

1996 and 22 October 1996, dishonorably fail 

to pay just debts by not paying your rent due to Ms.: C.-.-....-....-....---t 
misconduct, you received a Letter of Reprimand, dated 22 October 1996. 

:  As a result of your 

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

c.  You did, on or about 1 0 May 1 996, make and utter to  - - - - - - - - - - - - - - - - - - -  your 

landlord, a certain check in words and figures as follows, to wit:  check number 13 11 in the 
amount of $900.00, for the purpose of paying the deposit on your rental house, and did thereafter 
dishonorably fail to maintain sufficient funds in the Bank of America for payment of such check 
in full upon its presentment for payment.  On 12 July 1996, you received a Letter of Reprimand 
for dishonorable failure to maintain sufficient funds for payment of such check.  After almost 
three months, you still had not presented funds to pay for this check.  As a result of your 
misconduct, you received an Article 15, dated 7 October 1996, with punishment consisting of 
reduction to the grade of airman frrst class. 

d.  You did, on or about 1 June 1996, assault a fellow airman.  As a result of your 

misconduct, you received a Letter of Reprimand, dated 6 June 1996, 

e.  You did, on or about 1 December 1995, receive a traffic violation for failure to stop at  ' 

a stop sign.  As a result of your misconduct, you received a Letter of Counseling, dated 
16 February 1996. 

a 

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 a higher 
authority will decide whether you will be discharged or retained in the 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 .---------------. 
. - - - - - - - - 
I have made an appointment for you to consult Captain; 
4 April 1997 at 0900 hours.  Captain;. --- -- -- 
consult civilian counsel at your own expense. 

counsel has been obtained to assist you. 
:at Bldg 88, Rodman NS on 

i may be reached by phone at 283-361 0.  You may 

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  8 Apr  q 7 
you request and receive an extension for good cause shown.  1 will send them to the separation 
authority. 

(three workdays) unless 

6.  If you fail to consult counsel or to submit statements in your own behalf, you. failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the Howard AFB 
Flight Medicine at building 218, on 7 April 1997 at 0800 hours for the examination.  You must 
be in a military uniform and have your glasses if you wear them. 

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 Area Defense Counsel's Office, Bldg 88, 
Rodman NS, Panama. 

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - y - - - - - - - - - - - - - - - - - - - - - - - - m  

Commander 

Attachments: 

1.  AF Form 1137, UIF Summary Sheet 
2.  AF Form 1058, Unfavorable Information File Action, dtd 3 1 Mar 97 
3.  LORdtd 31 Mar 97 
4.  AF Form 1058, Unfavorable Information File Action, dtd 22 Oct 96 
5.  LOR dtd 22 Oct 96 
6.  AF Form 3070 (Article 15) dtd 7 Oct 96 
7.  LORdtd 12 Jul96 
8.  LOR dtd 6 Jun 96 
9.  LOC dtd 16 Feb 96 



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