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NAME OF SERVICE MEMBER (LAST, F1HS.I. M1DDl.E  INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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VOTE OFYHE BOARD  ' 

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HEARING DATE 

CASP, NUMBER 

29 Mar 2007 
APPLICAWS ISSUE .4ND THE BOARD'S DECISIONAL RAflONAL  ARE DISCLISSED ON THE A'ITACHED AIR  FORCL:  DISCHARGE REVIEW BOARD DECLS~ONAL'RATIO~ALE 

FD-2006-00392 

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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. 

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1NDORSEMENT 

DATE:  4/38/2007 

SAFIMKBR 
550 C STREBl  WEST, SUITE 40 
RANDOLPH AFB. TX 781 50-4742 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCL DISCIIARGE REVIEH BOARD 
1535 COWMAhD DR. EE HIVG. 3RD F1.OOR 
AhDREWS AFB. M D  20762 7WL 

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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 RATlONALE 

CASE NUMBER 

FD-2006-00392 

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 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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He has also expressed a desire to upgrade his discharge to qualify for reenlistment into the armed forces. 
The records indicated the applicant received an Article  15, three Letters of Reprimand, and two Records of 
Individual Counseling for misconduct.  The applicant received an Article 15 for failing to go to his appointed 
place of duty; failing to obey an order by not allowing unescorted visitors in the dormitories; and making a 
false official statement.  He was punished with a reduction in grade to Airman Basic and suspended 
forfeiture of pay for two months.  He was administratively disciplined for dereliction of duty, being late for 
work on several occasions, and failure to obey a lawful order. 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  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 AMN) 

1.  MATTER  UNDER REVIEW:  Appl rectd a GEN Disch fr USAF  Ellsworth AFB, SD  on 12 
Sep 06 UP  AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, to Change the RE 
Code and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Jan 87.  Enlmt Age: 18 1/12.  Disch Age: 19 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-47,  E-43,  G-32,  M-35. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 15 Sep 05. 

b.  Prior Sv: (1) AFRes 01 Mar 05 -  13 Jun 05  ( 3   months 13 days)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jun 05 for 4 yrs. Svd: 01 Yrs 02 Mo 29 Das, all AMS, 

b.  Grade Status:  AB -  29 Jun 06 (Article 15, 29 Jun 06) 

A m  -  14 Dec 05 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 29 Jun 06, Ellsworth AFB, SD -  Article 86.  You, did, 

on or about 22 May 06, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 410.  Article 92.  You, having knowledge 
of a lawful order issued by Colonell c.-.-..-.-..-.-..-.------- 
Nov 04, not to allow unescorted visitors in the 
dormitories, an order which it was your duty to obey, 
did, between on or about 8 Jun 06 and on or about 9 Jun 
06 fail to obey the same by wrongfully failing to escort 
a dormitory visitor.  Article 107.  You, did, on or 
about 9 Jun 06, with intent to deceive make to SSgt 
....................... 
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i,  an official statement, to wit: Your 
glrYfrlend was not staying in your dormitory room 
unescorted, which statement was totally false, and was 
then known by you to be so false.  Reduction to AB. 
Suspended forfeiture of $636.00 pay per month for 2 
months.  (Appeal/Denied) (No mitigation) 

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:on 8 

e,  Additional: LOR/UIF, 17 AUG 06 -  Dereliction of duty. 

LOR, 14 JUN 06 -  Late for duty on two occasions. 
RIC, 08 JUN 06 -  Late for work. 
RLC, 08 MAY 06 -  Failure to obey a lawful order. 
LOR, 12 APR  06 -  Failure to obey a lawful order, 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (06) Mos  (12) Das 
TAMS:  (01) Y ~ s  (02) MOS  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Sep 06. 

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

Discharge.) 

Issue 1:  I was discharged with a character of service of General/Under 
Honorable conditions but was given a reentry code of 2B.  I need the 2B code 
changed so I may enter the Army in a job field more suited for my talents 
without waiting a year then applying for a wavier which is the protocol fox that 
reentry code. 

ATCH 
1. DD Form 214. 
2. Character Reference. 
3. Congressional Correspondence. 
4. DD Form 149 with Attachments, 

m DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 28tn BOMB WING (ACC) 

ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 

FROM:  28 MSSJCC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, specifically, conduct prejudicial to good order and discipline.  The authority for this 
action is M P D  36-32, Militav Retirements and Separation, and AFI 36-3208, Administrative 
Separation of  Airmen, paragraph 5.50.2,  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 General. 

2.  My reasons for this action are: 

a.  On  12 April 2006, you received a Letter of Reprimand (LOR) for failing to complete the 

second set of your Career Development Course (CDC). 

b.  On 8 May 2006, you received a Record of Individual Counseling (RIC) for failing to 

complete an assigned section of your CDCs. 

c.  On 8 June 2006, you received an IUC for being late for duty and failing to have your 

government issued identification card on your person. 

d.  On  14 June 2006, you received an LOR for failing to report for duty. 

e.  On 29 June 2006, you received an Article'l5 for one specification of failing to go at the 
time prescribed to your appointed place of duty, in violation of Article 86 of the UCMJ; one 
specification of failing to obey a lawful order by failing to escort a dormitory visitor, in violation 
of Article 92 of the UCMJ; and one specification of making a false official statement, in 
violation of Article 107 of the UCMJ.  Punishment consisted of reduction to the grade of Airman 
Basic, suspended forfeiture of $636,00 pay per month for two months.  This Article 15 
established your Unfavorable Information File (UIF). 

f.  On 17 August 2006, you received an LOR for dereliction of duty.  This LOR was added to 

your UIF. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4,  You have the right to consult counsel. Military legal counsel 
I have made an appointment for you to consult with Captaia. ----------- 

Ellsworth Street, Suite 1700, duty phone 385-2 158 on 3 fl h h ~  
hours.  You may consult civilian counsel at your own expense. 

(pat 

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has been obtained to assist you. 

-  ; the Area Defense 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
hours, unless 
separation authority to consider must reach me by 
you request and receive an extension for good cause shown.  I will send all timely submitted 
statements to the separation authority. 

$p f% at  1 3 0 0 

6.  If you fail to consult counsel or to submit matters 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 re~ort to the Familv Practice 
Section of the Base Clinic on 3 (  hui& at 
\  \ 0  hours for th;  examination.  This is a 
mandatory appointment and you musfbe in uniform.  You must report at least 20 minutes in 
advance to this appointment to complete necessary paperwork.  ~ l l a s e  have the attached Medical 
Examination for Se~aration/Retirement form completed at this time.  Return this form to the 
Separations office. 

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8.  You have been scheduled for a pre-separation appointment.  You must report to the 
Separations Section of the Military Personnel Flight (MPF) on ;Y)h9&t 
This is a mandatory appointment and you must be in uniform.  Your signed Medical 
Examination for SeparationlRetirement form will be turned in at this time. 

1 SOC)  hours. 

9.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center on z y T  06 at  O m  hours.  This is a mandatory appointment and you 
must be in uniform.  You must report at least 15 minutes in advance to this appointment to 
complete any necessary paperwork. 

10.  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 in your orderly room. 

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

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Commander 

Attachments: 
1. Supporting documents 

a.  LOR dated 12 April 2006,2 pages 
b.  RIC dated 8 May 2006,2 pages 
c.  RIC dated 8 June 2006,2 pages 
d.  LOR dated 14 June 2006,2 pages 
e.  Article 15 dated 29 June 2006 w/tesponse, 5 pages 
f.  AF IMT 1 137 UIF Summary undated, 1 page 
g.  LOR wlresponse dated 17 August 2006,3 pages 
h.  AF IMT 1058 UIF Action wlresponse dated 28 August 2006,3 pages 

2.  Receipt of Notification Memorandum 
3.  Discharge Under AFI 36-3208 Memorandum 
4.  Medical Examination for Separation/Retirement Memorandum