NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 

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I  NAMh OP  COUNSEL AND OR ORGANIZATION 

COMMk;EC 

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I 

PERSONAL APPEARANCE 

RECORDREVIEW 

ADDREbb AND OR ORGANIZATION OF COUNSEL 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 
SRA 
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X  I 

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I  AFSNISSAN 
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1 

MEMBER SITTING 

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DENY 

ISSUES 

A94.53 

I  INDEX NUMBLR 

A67.10 

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I 

I 

I 

~YdffhTs SUBMITTED TO V E  J#&RD 

1  1  I  ORDER APPOIN'I'ING THE BOARD 
2  1  APPLICATION FOR REVIEW O F  DISCHARGE 
3  1  L,ET.I'F,II  OF NOTIFICATION 
1  HR1F.F O F  PERSONNEL PILE 
4 

HEARING DATE 

CASE NUMBER 

COUNSEL'S  RFI,EASE TO THE BOAKI) 
ADDITIONAL EXHIBITS SUBMI rTED AT TIME 01: 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE I I t

 

I 

10 May 2007 
APPLICANT'S  ISSUE AND ME  BOARWS DECISIONAL K4TIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCt DISCHARGE R M E W  BO4RD DECISIONAL R.4TIONAl.F 

ED-2006-00402 

I 

I 

I 

Case heard in Washington, D.C. 

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

I u: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78150.4742 

INDORSEMENT 

. ..-,,.. 

F D n U  

--.------.--p 

.P 

- 
DATE:  5/15/2007 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCll 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND UH, Et: WING,3RD  FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

P r e v i o u s  edition will be used 

AIR FORCE DISCHARGE REVIEW BOAKD DECISIONAL RATIONALE 

CASE NlIMRER 

FD-2006-00402 

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 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 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 two Article  15s, a 
Vacation, and a Letter of Reprimand for misconduct.  The applicant received his first Article  15 for failing to 
refrain from consuming alcoholic beverages while under the legal drinking age of twenty-one.  He received a 
suspended reduction in grade to Airman, forfeiture of pay for two months, and  14 days of extra duty.  His 
second Article  15 was for unlawfully strangling an individual on the throat with his hands and for being 
drunk and disorderly.  He was punished with a suspended reduction in grade to Airman, ten days of extra 
duty, and a reprimand.  The Vacation action for wrongfully appropriating a wire cutting tool and without 
authority, willfully damage a security cage with a wire cutting tool.  For this act of misconduct, he was 
reduced in grade to Airman.  The records also indicated applicant was administratively disciplined for being 
late for duty and lying.  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 AMN)  (HGH SRA) 

.------------------------------. 
1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Tinker AFB, OK on 11 Jan 
06 UP A F I   36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an   on or able  Discharge, and to Change the RE Code. 

2 .   BACKGROUND: 

a. DOB: 7 May 82.  Enlmt Age: 18 11/12.  Disch Age: 23 8/12. Educ:  HS DIPL. 

AFQT: N/A.  A-55,  E-60,  G-40,  M-63. PAFSC:  2A551L - Aerospace Maintenance 
Journeyman. DAS: 30 Nov 01. 

b.  Prior Sv: (1) AFRes 27 Apr 01 -  17 Jul 01  (2 months 21 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Jul 01 for 6 yrs.  Extended 4 Nov 04 for 7 months. 

Svd: 04 Yrs 05 Mo 24 Das, all AMS. 

b.  Grade Status:  Amn  -  2 Jun 05  (Vacation, 21 Nov 0 5 )  

SrA -  3 Jan 04 
A1C -  3 Sep 01 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 21 Nov 05, Vacation, Tinker AFB, OK -  Article 121. 

You, did, on or about 17 Oct 05, wrongfully appropriate 
a wire cutting tool, of a value of about $500 or less, 
the property of the United States government.  Article 
108.  You, did, on or about 17 Oct 05, without proper 
authority, willfully damage by cutting with a wire tool 
a security cage, military property of the United States 
Reduction to Airman.  (No appeal)  (No mitigation) 

- - - - - - - - - - - - - - - - - - - - - - - - - - a  

, - - - - - - - - - - - - - - - - - - - - - - - - - -  

( 2 )   2 Jun 05, Tinker APB, OK -  Article 128.  You, did, at 
or near Midwest City, Oklahoma, on or about 8 May 05, 
unlawfully strangle: 
:on the throat with 
your hands.  Article  134.  You, were, at or near Midw~ 
City, Oklahoma, on or about 8 May 05, drunk and 
disorderly.  Suspended reduction to Airman.  Ten days 
extra duty, and a reprimand. (No appeal) (No mitigati 
( 3 )   2 Apr 03, Tinker AFB, OK -  Article 92.  You, who knei 
of your duties at or near the state of Oklahoma, on ( 
about 15 Mar 03, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from consuming alcoholic beverages while under the 1 

drinking age of twenty-one (21) years, as it was your 
duty to do.  Suspended reduction to Airman.  Forfeiture 
of $100.00 pay per month for 2 months, and 14 days extra 
duty. (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 22 FEB 05 -  Late for duty and lying. 

CR, 25 FEB 05 -  Multiple failures to go and making a false 

official statement. 

f.  CM:  None. 

g.  Record of SV: 18 Jul 01 -  17 Mar 03  Tinker AFB  3  (1nitial)REF 

18 Mar 03 -  17 Mar 04  Tinker AFB  4  (Annual) 
18 Mar 04 -  17 Mar 05  Tinker AFB  2  (Annua1)REF 

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (08) Mos  (15) Das 
TAMS:  (04) Yrs  (05) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Dec 06. 

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

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

552d MAlNT ENANCE GROUP (ACC) 

TINKER AIR FORCE BASE OKLAHOMA 

FROM:  552d AMXS/CC 

SUBJECT:  Notification Memorandum 

DEC  1 9  2005 

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.  I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 15 Mar 03, you were derelict in the performance of your duties in that you 
willfully failed to refrain from consuming alcoholic beverages while under the legal drinking 
age of twenty-one years, as it was your duty to do.  You were given an Article 15 dated 2 Apr 03 
with a reduction to the grade of Airman, suspended through 1 Oct 03.  You were also given a 
forfeiture of $100 pay per month for two months and 14 days extra duty.  (See Attachment la) 

'' 

b.  On or about 16 Feb 05, you reported late for duty.  On or about the same date, you gave a 
false official statement.  You received a Letter of Reprimand (LOR) dated 22 Feb 05.  An 
Unfavorable Information File (UIF) was established and you were placed on a Control Roster. 
(See Attachment I b) 

! on the throat with your 
c.  On or about 8 May 05, you unlawfully strangled 
hands.  On or about the same date, you were drunk ~ ~ d i ~ 6 f d ~ 1 4 ; . 4 ; T ' o u  
were given an Article 
15 dated 2 Jun 05 with a reduction to the grade of Airman, suspended through 1 Dec 05.  You 
were also given ten days extra duty and a reprimand,  (See Attachment lc) 

d.  On or about 17. Oct 05, you wrongfully appropriated a wire cutting tool, of a value of about 
$500 or less, the property of the United States government.  On or about the same date, you did, 
without proper authority, willfully damage by cutting with a wire cutting tool a security cage, 
military property of the United States.  You were given a Vacation action dated 21 Nov 05.  You 
were given a reduction to the grade of Airman, with a new date of rank of 2 Jun 05.  (See 
Attachment 1 d) 

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). 

qbbal . ~ O W F  for a e d ~ a  

3.  You have the dght to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Capti - - - - - - - - I  : at Building One on 20 Dec 05, at 0900 
hours.  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 22 Dec 05 unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority, 

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 Preventative Health 
Assessments on 20 Dec 05, at 1030 hours for the examination. 

7.  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 Command Support Section. 

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

Attachments: 
1.  Supporting Documents 

a.  Article 15 dated 2 Apr 03 
b.  LOR dated 22 Feb 05 
c. Article 15 dated 2 Jun 05 
d.  Vacation of Suspended Nonjudicial Punishment dated 2 1 Nov 05 

2.  Receipt of Notification Memorandum