Advise applicant of the decision of the Board, the right to a personal appearance withiwithout  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. 

550 C S T E E T  WEST, SUITE 40 
RANDOI.PI1 AFH, 'I'X  781 50-4742 

ANDHEWS AFB. MU 20162-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NLIMHFR 

FD-2006-U0387 

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 justifjr  a change of 
discharge. 

ISSUE: 

Although not explicitly stated, applicant coiltends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article  15, three Letters of Reprimand, a Letter of 
Counseling, a Record of Individual Counseling and a Memorandum for Record for misconduct.  Applicant 
received an Article  15 for violating a lawful order to not drive on Beale AFB or any other military 
installation.  He was reduced in grade to Airman First Class, received a suspended forfeiture of pay, 45 days 
of extra duty and a reprimand.  He was administratively disciplined for being absent from duty without 
leave, failure to go, failure to obey a lawful order, being late for work, and driving without insurance and 
while driving privileges were revoked.  The DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negative behavior.  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 Review Board concludes that the dischargc was consistent with the 
procedural and substantive requiremei~ts of the discharge regulalion and was within the discretion of the 
dischargc 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 SrA) 

1.  MATTER  UNDER REVIEW:  Appl recld a GEN Disch fr USAF Beale AFB, CA on 6 Aug 
04 U P   AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jun 82.  Enlmt Age: 18 0/12.  Disch Age: 22 1/12. Educ: HS DLPL. 

AFQT: N/A.  A-74,  E-82,  G-84,  M-88. PAFSC: 2A351C - Avionics Systems 
Journeyman. DAS: 1 6   Sep 01. 

b.  Prior Sv: (1) AFRes 22 Jun 00 -  23 Oct 00 (4 months 2 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 24 Oct 00 for 6 yrs. Svd: 03 Yrs 09 Mo 13 Das, all AMS. 

b.  Grade Status:  A1C -  22 Sun 04  (Article 15, 22 Jun 04) 

SrA -  08 Apr 03 
A1C -  08 Dec 00 

c.  Time Lost:  None. 

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

d -   Art 15's:  (1) 22 Jun 04, Beale AFB, CA -  Article 92.  You, having 
--------------------------. 
knowledge of a lawful order issued to you by Lt Col 
:,  to wit: not to drive on Beale AFB, 
California, and all other military installations, an 
order which it was your duty to obey, did at or near 
Beale AFB, California, on or about 5  Apr 04, fail to 
obey the same by driving your privately owned vehicle at 
or near Beale AFB, California.  Reduction to A1C. 
Suspended forfeiture of $200.00 pay per month for 2 
months.  Forty five days extra duty, and a reprimand. 
(Appeal/Denied) (No mitigation) 

e.  Additional: MFR, 17 NOV 01 -  Cited by Security Forces Squadron for 

LOR, 28 OCT 02 -  Driving without insurance and while 

driving without proof of valid insurance. 

driving privileges were revoked. 

LOC, 04 J'UN  03 -  Failure to go. 
MFR/UIF, 03 JUN 03 -  Late for work two times. 
RIC, 10 J U L   03 -  Late for work. 
LOR/UIF, 03 SEP 03 -  Failure to go and failure to obey a 

LOR, 18 J U N   04 -  AWOL and failure to obey a lawful order. 

lawful order. 

f .   CM:  None. 

g .   Record of SV: 24 Oct 00 -  24 Jun 02  Beale AFB  5  (Initial) 
25 Jun 02 -  24 Jun 03  Beale AFB  4  (Annual) 
25 Jun 03 -  24 Jun 04  Beale AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (04) Y r s   (01) Mos  (15) Das 
TAMS:  (03) Yrs  (09) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Sep 06. 

(Change Discharge to Honorable) 

It is my belief that I deserve a Honorable discharge. 

ATCH 
1. DD 214 (Member 1) 

MEMORANDUM FOR  A1C i 

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

FROM:  9 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am rtcommending your discbarge from the United States Air Force for Miscondmt: Minor 
Disciplinary Inhctions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.49.  If my recommendation is approved, your service will bc charactaid as an Under 
Honorable Conditions (General) Discharge,  I am recommeading that your service be cbatacterized 
as an Uader Honorable Conditions ( G e n d )  Discharge. 

2.  My reason for this action is: 

a.  On 17 November 2001, you were cited by the Security F o w  for driving with no proof of 
valid insurance.  For this misconduct, you received Revocation of Installation Driving Privileges 
which you received on 23 January 2002. 

b.  0x1 17 October 2002, you operated your privately owned vehicle without insurance coverage 

while your driving privileges were revoked. For this misconduct, you d v e d  a Lttter of 
Reprimand dated 28 October 2002 and another Revocation of Installation Driving Privileges which 
you received on 19 December 2002. 

c.  Oo 04 June 2003, you failed to go to your appointed place of duty at the time prescribed. 

For tbis misconduct, you received a Letter of Counseling dated 04 June 2003. 

d On 10 July 2003, you fded to go to your appointed place of duty at the time preacribod,  For 

this misconduct, you ractivd a Record of  Individual Counseling dated 10 July 2003. 

c, On 03 September 2003, you failed to go to your appointed place of duty at the time 

prwcribbd  In doing so, you also failed to obey a lawful order.  For these acts of misconduct, you 
received a Letter of Repimad dated 03 September.2003. 

f.  Between 15 June 2004 and 16 June 2004, you were absent from duty without leave and you 
filed to obey a lawful order.  For these acts of misconduct, you received a Letter of Rephand 
dated 18 June 2004. 

8.  On or about 5 April 2004, you failed to obey a lawful order by driviq your privately owned 
vehicle on &ale AFB, CA on a Revocation of Installation Driving Privileges. For this misconduct, 
you received a R

 of Nmjwlicial Punishment dated 22 June 2004. 

d

3.  You have the r u t  to consult counsel.  Militarytary?egg-~~e! 
have made an appointmat for you to consult Cap$. - _- - - - - - - - - - - -, 
27 

at 1000 hours.  You may consult civilian counsel at your own expense. 

has bean obtained to assist you.  I 
: at Area D e f m  Counsel, on 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
sepuation authority to consider must reach me by 30 J
and receive an extension for good cause shown.  I will send them to the separation authority. 

unless you request 

v

 

5, 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. 

6.  You have been scheduled for a medical examination. You must report to Public Health on 
02 A u w  2 0 0 4 4  0730 horn (check in at F

. . e  for the examination. 
i m  

l

7.  Any pmonal information you W s h  in rebuttal is covered by the Rivacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at your Commandds support staff or S m t i o n s  Office 
at the MPF. 

8.  Execute the attached acknowledgment and r m  

it to me immediately. 

Commander 

Attachments: 
I.  Supporting Docvments 
2.  Raceipt of Notification Memomdum