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AF | DRB | CY2007 | FD2006-00408
Original file (FD2006-00408.pdf) Auto-classification: Denied
A 

F. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST hlIDDLE INITIAL) 

GRADE 

AFSNISSAN 

MEMBER SITTING 

ISSUES  A93.23 
A92.21 
A93.07 
A94.05 

- - - - - a  

INDEX  NUhlBER 

A67.10 

1 
2 
3 
4 

ORDER APPOINTING TIIE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LE'ITER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUDMI'ITbI) A'T  'I'IME OF 
PERSONAL APPEARANCE 

I 

I  I  TAPE KI-('ORDING OF PERSONAL APPEARANCE HE 

HEARING DATE 

12 Jun 2007 

C M E  NUMBER 

FD-2006-00408 

Case was heard in Washington, D.C. via video teleconferencing between Andrews AFB, MD and Robins AFB, GA. 

Advise applicant of the decision of the Board 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. 

X - Upgrade, RE Code, Reason and Authority 

SAFIMRBR 
550 C STREET WEST, SlJlTE 40 
RANDOLPII AFR, TX 781 50-4742 

SECRETARYOF TIIE AIR FORCE PfRSONNEl.  COIINCIL 
.AIR FORCE nlsc H.\HGE KTVICW BOARD 
1535 C O h l U 4 h U  DR. &t WING.3RD FLOOR 
ANDRLWS AFB. hlD ?0762-7001 

I 

AFIIQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00408 

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 appeared and testified before the Discharge Review Board (DRB), without counsel, via video 
teleconference between Andrews AFB, MD and Robins AFB, GA on  12 June 2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's Contentions 
Exhibit #6: Recent VA Medical Documents 
Exhibit #7: Electrical JATC of Southern Nevada Apprentice Acceptance Letter 
Exhibit #8: Pulte Homes Letter (proving home ownership) 
Exhibit #9: LES (proving contributed to MGIB) 
Exhibit #lo:  DD 214 
Exhibit #11:  2 Character Reference Letters 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 for failing to go to his appointed place of duty and nine Letters of 
Reprimand for a variety of misconduct, to include: numerous failures to go, failure to obey a lawful order, 
failure to report in a timely manner, and making a false official statement.  In addition, the applicant received 
five Letters of Counseling for receiving a speeding ticket, interrupting his supervisor's meeting, financial 
irresponsibility, failure to go, and reporting to class out of uniform.  Finally, he received one Record of 
Individual Counseling for failure to properly sign out a government vehicle.  The DRB opined that through 
all of 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 Board found the characterization of the discharge, reason for discharge and 
reenlistment code received by the applicant was found to be appropriate. 

Issue 2.  Applicant contends his family issues (child sick, fiance cheating on him, quarrels into the night) 
were known by his chain of command, but not appropriately acknowledged or taken into consideration. 
Although the DRB was sympathetic to the member's family situation, the Board found no direct 
correlation~causal relationship between the member's  stresses at home and his on-going misconduct on the 
job, (e.g., financial irresponsibility, on-going failures to go, speeding ticket, etc.).  They concluded that the 
characterization, reason for discharge and reenlistment code received by the applicant was found to be 
appropriate. 

Issue 3.  Applicant opines that his psychological  problems (potential diagnosis of ADIHD, stress, post- 
military Service diagnosis of Passive Aggressiveness) were not appropriately acknowledged by his chain of 

command.  After reviewing all the medical documents and interviewing the member, the board 
acknowledged that the member had a lot of psychologically related issues as a result of problems associated 
with sleep, socialization, stress related to work and home, financial problems, relationships, stuttering and 
his health.  Despite this, the board was unable to find an impropriety or inequity in the member's discharge 
based on the extensive/on-going nature of the member's  misconduct and the lack of an "unfitting" 
psychological disorder or correlation/causal relationship  that could help mitigate his departure from 
acceptable military standards.  The Board concluded the characterization, reason for discharge and 
reenlistment code was appropriate for the reasons which were the basis for this case. 

Issue 4.  Applicant asks the Board to consider upgrading his characterization of discharge, reason for 
discharge and reenlistment code based on his post-Service activities.  The DRB was pleased to see that the 
applicant was doing well and has a good job.  However, the board could find no inequity or impropriety in 
the documents provided or during the course of the hearing to change his discharge characterization, his 
reason for discharge or reenlistment code. 

Issue 5.  The applicant cited his desire to reenlist and receive G.I. Bill benefits as justification  for upgrade. 
The DRB noted that although the member would like to have his discharge characterization, reason for 
discharge and reenlistment code changed so that he could reenlist into the Air Force Reserve, the board 
found no extenuating circumstances, impropriety or inequity that could justify "rewriting history."  In 
addition, the board also made note that when the applicant initially applied for his G,I. Bill benefits, he 
signed a statement that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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,  change  the reason  and authority  for the  discharge, or change the reenlistment  code, 
thus  the  applicant's  discharge,  reason  and  authority  for  discharge  and  reenlistment  code  should  not  be 
changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Nellis AFB, NV on 14 Aug 
01 UP AFI  36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals  for Honorable Discharge, to Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Dec 75.  Enlmt Age: 23 2/12.  Disch Age: 25 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-32,  E-76,  G-66,  M-89. PAFSC: 33231 -  Pavements and Construction 
Equipment Apprentice.  DAS: 11 May  00. 

b.  Prior Sv:  (1) AFRes 25 Feb 99 -  23 Mar 99  (29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 24 Mar 99 for 4 years. Svd: 02 Yrs 04 Mo 21 Das, all 

AMS . 

b.  Grade Status:  Amn -  22 Jun 01 (Article 15, 22 Sun 01) 

c.  Time Lost:  None. 

d.  Art  15's: 

(1) 22 Jun 01, Nellis AFB, NV -  Article 86.  You, did, on 

or about 5 Jun 01, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building 808.  Reduced to Amn  and 14 days extra duty. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 
LOR, 
LOR, 

04 JUL 01 - 
01 JUL 01 - 
29 MAY 01 - 

LOC, 

23 APR 01 - 

RIC, 
LOC, 

13 APR 01 - 
26 MAR 01 - 

LOR, 

08 FEB 01 - 

LOR, 
LOR, 

18 JAN 01 - 
09 NOV 00 - 

LOR, 

02 NOV 00 - 

15 SEP 00 - 

Failure to go at the time prescribed. 
Failure to obey a lawful order. 
Disobey a lawful order by taking college 
classes while in upgrade training. 
Given speeding ticket for going 11 miles 
over speed limit in base housing. 
Failure to properly sign out GOV. 
Barged into an office and interupted a 
supervisor meeting. 
Failure to report in a timely manner  for 
recall and not having the proper dependent 
care coverage. 
Failure to go at the time prescribed. 
Failure to go at the time prescribed and 
then failed the test by failing to study. 
Failure to go at the time prescribed for 
the second time for Prime BEEF class. 
Failure to go and making a false official 

statement. 

LOC, 30 AUG 00 -  Finanicial irresponsibility. 
LOR, 17 AUG  00 -  Failure to go at the time prescribed. 
LOC, 24 JUL 00 -  Failure to go at the time prescribed. 
LOC, 21 JUN 00 -  Reported to class out of uniform. 

f.  CM:  None. 

g.  Record of SV: 24 Mar 99 -  15 Oct 00  Nellis AFB  2  (HAF D1R)REF 

h.  Awards  &  Decs:  AFTR, AFOUA W/2 OLC. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (05) Mos  (20) Das 
TAMS:  (02) Yrs  (04) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Oct 06. 

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

Discharge. ) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's  Issues. 
2.  D D F m 1 4 9 .  
3.  DD Fm 214. 

DEPARTMENT OF THE AIR FORCE 

HUDQUARTERS AIR WARFARE CENTER (ACC) 

NELLlS AIR FORCE BASE. NEVADA 

MEMORANDUM FOR 99 ARWICC 

FROM:  AWFC/JA 

0 7  AUG  2001 
,. 

SUBJECT: Legal Review 
5.49 - Amn: 

of Administrative Discharge Proceedings Under AFI 36-3208, Paragraph 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

i, 99 CES 

---------- 

7 Aug ........................ 

01, the 99'  Civil Engineers Squadron Commander recommended the 

1.  Background:  On 
respondent, Amni 
AFPD 36-32 a n d ~ h i i ; ~ ~ 3 6 0 8 ~ : 4 9 :  
characterization and no opportunity for probation and rehabilitation (P&R).  The case is being 
processed by notification procedure.  As the separation authority, you have the following alternatives: 

be discharged for minor disciplinary infractions under 
The commander recommended a general service 

a.  Direct the respondent be retained; 

b.  Direct the respondent be discharged with a general service characterization, with or without 

P&R; 

c.  Recommend to the General Court-Martial Convening Authority the respondent receive an 

honorable service characterization, with or without P&R; or 

d.  Direct reinitiation of this case IAW AFI 36-3208, Chapter 6, Section C, Board Hearing or 

Waiver, if you believe an under other than honorable conditions (UOTHC) service characterization 
is warranted. 

2.  Facts for the Government:  A preponderance of the evidence establishes that the following 
incidents occurred during the respondent's current enlistment: 

a.  On or about 21 Jun 00, Arnn i 

Feported to Motivational Flight out of uniform.  He did 
not have his belt for his service d t e ~ s - ~ & r r n .  For his actions, he received a Letter of Counseling 
(LOC) on 21 Jun 00; 

. 

. 

------- 

b.  On or about 24 Jul 00, AmrlAmrl---_--reported 

to duty 30 minutes late,  For his actions, he 

received a LOC on 24 Jul00; 

- - - - - - - , 

.-----. 

c.  On or about 17 Aug 00, Arnni 

ireported to duty 30 minutes late.  For his actions, he 

received a Letter of Reprimand (LO@  1 7 Aug 00; 

------. 
d.  On or about 30 Aug 00, Am: -----. 

:neglected to pay his DPP bill on time.  His account had 

been delinquent since 6 Jul00.  For his actions, he received a LOC on 30 Aug 00; 

e.  On or about 13 Sep 00, Amn:  !did not report for duty as directed.  He also neglected his 

responsibilities. When questioned, he made a false official statement to an officer in the United 
States Air Force.  For his actions, he received a LOR on 15 Sep 00; 

m i

-

-

-

-

-

'

 

'..-... 

f.  On or about 2 Nov 00, Amn: 

!was late for his Prime BEEF class.  This caused him, for 
the second time, to miss his initial chemical warfare class.  For his actions, he received a LOR on 2 
Nov 00; 

I - - - - - -  

C....., 

. - - - - - - , 
actions, he received a LOR on 9 Nov 00; 

g.  On or about 7 Nov 00, Am@ _ _ _ _ _ _  _I :failed to go to his appointed place of duty.  For his 

h.  On or about 16 Jan 00, A& 

received a LOR on 1 8 Jan 0 1 ; 

C.-.-..I 

, - - - - - - , 

!did not report to duty on time.  For his actions, he 

i.  On or about 7 Feb 0 1, Amn; - - - - - - :did not report to work immediately during a recall.  For his 

I - - - - - - -  

actions, he received a LOR on 8 Feb 01; 

j- On or about 2 6 . M ~  O!,-SSgti  --- ----- i was engaged in --------- 
j and the Shop NCOIC, SSgt 1- - - - - - - - - 

1 - - - - - - - - - -  

a conversation w i ~  the Shop 

! Aqui....;  Without my 

L - - - - - - - - - -  

-  office and interrupted their conversation.  SSgt: L..  . . -. .-.I :had personally 
!about this before.  For his actions, he received a LOC on 26 Mar 01; 

Superintendent, MSgt! 
, - - - - - the 
respect, charged into 
talked with Amn! 
------- 

k.  On or about 13 Apr 01, Arnn[------!left 

his dump truck w i n g  unattended.  He also did not 

sign off AF Form 1806, vehicle inspection card as he was required to do.  For his actions, he" 
, . 
received a Record of Individual Counseling (ROIC) on 13 Apr 0 1 ; 

------ 

1.  On or about 21 Apr 01, Amni 

!received a speeding ticket for going 11 rnph over the 

speed limit in base housing.  For his actions, he received a LOC on 23 Apr 01; 

,...-.. 
------- 

------- 

m.  On or about 29 May 01, Arnn! 

!took off duty college courses while he was in upgrade 

training even though he had been direki6diY6t to take any classes until he completed his Career 
Development Course (CDC).  For his actions, he received a LOR on 29 May 01 and an Unfavorable 
Information File (UIF) was established; 

I - - - - - - -  

n. Amn 

1 did, at or near Nellis Air Force Rase, Nevada, on or about 5 Jun 01, without 
authority, fai-fiig6 at the time prescribed to his appointed place of duty.  For his actions, he was 
punished under Article 15, Uniform Code of Military Justice (UCMJ)  on 22 Jun 01; and this action 
was placed in his existing UIF; 

o.  On or about 1 JulO1, Amn! 

!was directed by SSg( 
computer in the shop while perfonhrdghs extra duty.  Amj 

---------- !not to log on to any 
/was caught logged on to the 

--------------- 

------- 

, . 

.------ 

computer that day and also the following day.  For his actions, he received a LOR on 1 J d  01; and 
this action was placed in his existing UIF: 

.-----. 

p.  On or about 4 Jul01, Amn j 

jfailed to go to his appointed place of duty.  For his actions, 

he received a LOR on 4 Jul01 andhtliiS-hion was placed in his existing UIF; 

3.  For the Respondent:  The respondent is a 21-year old airman with 2 years and 5 months of active 
military service,  He has received one enlisted performance report with an overall rating of 2 
(referral).  He is entitled to wear the AF Outstanding Unit Award (10Lc) and the AF Training 
Ribbon.  His test scores are:  Admin-32, Elect-76, Gen-66, Mech-89.  The respondent consulted 
with military legal counsel and submitted a statement for your consideration.  The respondent 
requests to be retained or have his service be characterized as honorable. 

4.  Errors and Irregularities:  There are no errors or irregularities prejudicial to the substantive rights 
of the respondent.  This discharge is legally sufficient.  This legal review is contingent upon the 
respondent being given a physical exam and being found qualified for worldwide duty. 

5.  Authority:  AFI 36-3208 regulates the administrative discharge of airmen and provides the 
following guidance relevant to this file: 

*  4 

a.  The file has been prepared in substantial compliance with AFI 36-3208 and is legally 

sufficient. 

b.  A member is subject to discharge for minor disciplinary infractions such as a failure to 

comply with nonpunitive regulations or committing minor offenses under the UCMJ.  Infractions of 
this type normally result, as a rule, in informal or formal counseling, LORs, or Article 15 
nonjudicial punishments. 

c.  The service of a member discharged for misconduct may be characterized as honorable only if 

the member's record has been so meritorious any other characterization would be clearly 
inappropriate.  The respondent's misconduct is clearly evident in his military record.  His repeated 
disregard for military standards and the disciplinary actions taken against him make an honorable 
service characterization inappropriate. 

d.  A general characterization is warranted when the negative aspects of an airman's conduct or 

performance outweigh other positive aspects of the airman's military record.  The respondent's 
actions and his disregard of military standards substantially outweigh any positive aspect$ of his 
military service record.  Due to the respondent's apparent disregard for military standards and 
requirements, a general discharge under paragraph 5.49 is warranted and appropriate in this 
particular case. 

e.  Service may be characterized as UOTHC only if the respondent is given an opportunity for a 

hearing by an administrative discharge board.  A UOTHC discharge may be appropriate when 
separation is based on a pattern of behavior that constitutes a significant departure fiom the conduct 
expected of an airman.  The respondent's infractions are prejudicial to good order and discipline, 

but taking in consideration the respondent's youth and inability to adapt to military life, the 
misconduct is not of such a nature that a UOTHC characterization would necessarily follow. 

" 

5 

f.  The commander has not recommended P&R  The respondent's repeated misconduct shows a 

disregard for military standards and an inability or unwillingness to respond to prior efforts at 
rehabilitation.  For these reasons, the respondent is a poor candidate for P&R. 

6.  Analysis: 

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

a.  Arnn! 

!has committed more than enough offenses to form the legal basis for discharge 

I - - - - - -  

under minor disciplinary infractions.  Arnn: 
characterization, without P&R.  While the respondent could receive a UOTHC discharge for minor 
disciplinary infractions, these minor disciplinary idractions are not so egregious as to require a 
UOTHC discharge.  The respondent's misconduct, disregard of military standards, and substandard 
duty performance substantially outweigh any positive aspects of his military service record and 
merit a general discharge. 

! should be discharged with a general service 

L-----rn 

b.  The respondent has been counseled and reprimanded numerous times, and punished under 

Article 15, UCMJ, all with negative results.  The respondent has been given numerous chances to to 
correct his behavior, yet he continues to disregard Air Force standards,  Supervisors and section 
chiefs have already spent more than enough time attempting to train, rehabilitate, and assist 
~&'--"-i . - - - - - - to make the transition to military life.  No further opportunities should be given at this 
point.  His repeated misconduct and failure to respond to disciplinary action by his unit make him a 
poor candidate for P&R. 

7.  Recommendation: Approve the respondent's discharge from the United States Air Force with a 
general service characterization, without P&R. 

I concur. 

L . - . . - . . - . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !  

Assistant Staff Judge Advocate 

L.- 

.-..-..-..-..-..-..----------------m-------------, 
u c t i n g  Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

99th CIVIL ENGINEER SQUADRON (ACC) 

NELLIS AIR FORCE BASE, NEVADA 

MEMORANDUM FOR A1 C i 

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

i, 99 CES 

FROM:  CC 
SUBJECT: Notification Memorandum - Administrative Discharge AFI 36-3208 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 2 1 Jun 00, you reported to Motivational Flight out of uniform.  You did not 

have your belt for your service dress uniform.  For your actions, you received a Letter of 
Counseling (LOC) on 2 1 Jun 00; 

b.  On or about 24 Jul00, you reported to duty 30 minutes late.  For your actions, you 

received a LOC on 24 Jul00; 

c.  On or about 17 Aug 00, you reported to duty 30 minutes late.  For your actions, you 

received a Letter of Reprimand (LOR) on 17 Aug 00; 

d,  On or about 30 Aug 00, you neglected to pay your DPP bill on time.  Your account has 

been delinquent since 6 Jul00,  For your actions, you received a LOC on 30 Aug 00; 

e.  On or about 13 Sep 00, you did not report for duty as directed.  You also neglected your 
responsibilities, when questioned you made a false official statement to an oficer in the United 
States Air Force.  For your actions, you received a LOR on 15 Sep 00; 

, 

f.  On or about 2 Nov 00, you were late for your Prime BEEF class.  This was the second 

time you missed your initial chemical warfare class.  For your actions, you received a LOR on 2 
Nov 00; 

g.  On or about 7 Nov 00, you failed to go to your appointed place of duty.  For your actions, 

you received a LOR on 9 Nov 00; 

h.  On or about 16 Jan 00, you did not report to duty on time.  For your actions, you received 

a LOR on  18 Jan 01; 

i,  On or about 7 Feb 01, you did not report to work immediately during a recall.  For your 

actions, you received a LOR on 8 Feb 0 1 ; 

j.  On or about 26 Mar 0 1, SSgf ---------- ?as  engaged in .--------- 

a conversation with the Shop 

Superintendent, MSgt: ------------ :and the Shop NCOIC, SSgt; --------; 
respect, charged into the ofice A d  interrupted their conversation. SSd- - - - - - - -- : 

You-&gn,yithout  any 
:personally 

talked with you about this before.  For your actions, you received a LOC on 26 Mar 01; 

k.  On or about 13 Apr 01, you left your dump truck running unattended, and had not signed 

off AF Form 1806, vehicle inspection card.  For your actions, you received a Record of 
Individual Counseling (ROIC) on 13 Apr 01 ; 

1.  On or about 21 Apr 01, you received a speeding ticket on base for going 11 mph over the 

speed limit in base housing.  For your actions, you received a LOC on 23 Apr 0 1 ; 

m.  On or about 29 May 01, you were taking off duty college courses while you were in 
upgrade training.  You were directed not to take any classes until you completed you Career 
Development Course (CDC).  For your actions, you received a LOR on 29 May 01 and an 
Unfavorable Information File (UIF) was established; 

n.  You, did, at or near Nellis Air Force Base, Nevada, on or about 5 Jun 01, without 

authority, fail to go at the time prescribed to your appointed place of duty.  For your actions, you 
were punished under Article 15, Uniform Code of Military Justice (UCMJ) on 22 Jun 01 ; and 
this action was placed in your existing UIF; 

n.  On or about 1 Jul01, you were directed by SSgt 

computer in the shop while on extra duty.  You were cabghIYdggiZbn to the computer that day 
and also the following day.  For your actions, you received a LOR on 1 Jul01; and this action 
was placed in your existing UIF: 

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

j not to log on to any 

o.  On or about 4 Jul01, you failed to go to your appointed place of duty.  For your actions, 

you received a LOR on 4 Jul01 and this action was placed in your existing 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 will probably be denied enlistment in any 
component of the Armed Forces. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult thc'hrea Defense Counsel at Bldg 625 on 

at 

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

5.  You have the right to submit statements in your own behalf.  You have three (3) duty days 
from the date/time served to submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me by  31  JUL  O /  
at  0800  hours unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

6.  In the event the commander exercising Special Court-Martial jurisdiction or a higher authority 
approves your discharge, separations will out-process you.  Your initial separations briefing is 
scheduled for  Zb JUL Q I  on 

060 0 

hrs. 

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

8.  You have been scheduled for a medical examination at the 99th Medical Group on 

hrs. 

at 

9.  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 Unit Orderly Room. 

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

Commander 

Attachments: 
1.  LOC, 2 1 JunOO 
2.  LOC, 24 Jul 00 
3.  LOR, 17 Aug 00 
4.  LOC, 30 Aug 00 
5.  LOR, 1 5 Sep 00 
6.  LOR, 2 Nov 00 
7.  LOR, 9 Nov 00 
8.  LOR, 18 Jan01 
9.  LOR, 8 Feb 01 
10.  LOC, 26 Mar 01 
11.  ROIC,  13 Apr01 
12.  LOC, 23 Apr 01 
13.  LOR, 29 May 01 
14.  Article 15,22 Jun 0 1 
15.  LOR, 1 Jul01 
16.  LOR, 4 Jul01 
17.  UIF 



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  • AF | DRB | CY2005 | FD2005-00119

    Original file (FD2005-00119.pdf) Auto-classification: Denied

    AIR FORCE nrSCHARGE REVIEW BOARD HEARING RECORD - rYPb GEN X NAME OF COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE , RECORD REVIEW ADDRESS AND OR ORGANIZATION O F COUNSEL YES No X I I MEMBER SITTING IF GEN I UOTHC I O i 1 / 1 / DENY VOTE OF THE BOARD -- ISSUES A94.05 INDEX NUMBER A67.10 I HEARING DATE I CASENUMBER X 1 2 3 4 EXHIBITS SUBMITTED TO THE BOARD ORDER APPOINTING THE BOARD APPLlCATION FOR REVlEW OF DISCHARGE LETTER OF NOTIFlCATlON BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE T O THE...

  • AF | DRB | CY2007 | FD2006-00222

    Original file (FD2006-00222.pdf) Auto-classification: Denied

    ...............2 RECORD REVIEW ADDRESS AND OR ORCANIZATIOY OF COUNSEL VOTE OF THE BOARD HON GEN UOTHC OTHER I DENY I I EXHIBITS SUBMITTED TO THE BOARD I I 1 2 3 4 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HE HEARING DATE 1 13 Mar 2007 CASE NUMBER ( FD-2006-00222 I I I I I APPLICANT'S ISSUE AND THE...

  • AF | DRB | CY2006 | FD2005-00393

    Original file (FD2005-00393.pdf) Auto-classification: Denied

    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. LOR, 27 OCT 94 - Speeding. For this misconduct you received a LOR on 27 Oct 94. d. Between on or about 5 Aug 94 and 21 Oct 94, you failed to go to your appointed place of duty at the time prescribed on 3 separate occasions.

  • AF | DRB | CY2004 | FD2001-00548

    Original file (FD2001-00548.pdf) Auto-classification: Denied

    SECRETARY OF TSE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW HOARD 1535 COMMAND DR, EE WING, IRD FLOOR ANDREWS AFB, MD 20762-7062 SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pyp.7991-0548 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief FD2001-0548 DEPARTMENT OF THE AIR FORCE AIR...

  • AF | DRB | CY2006 | FD2005-00360

    Original file (FD2005-00360.pdf) Auto-classification: Denied

    MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00360 GENERAL: The applicant appeals for upgrade of discharge to honorable. A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. (Change Discharge to Honorable) Issue 1: I am requesting an upgrade of my discharge.

  • AF | DRB | CY2003 | FD2003-00146

    Original file (FD2003-00146.pdf) Auto-classification: Denied

    - , | AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Gena: AB ine. The characterization of the discharge received by the applicant was found to be appropriate. LOR, 26 MAR 01 - Failure to report to a mandatory appointment .

  • AF | DRB | CY2003 | FD2002-0320

    Original file (FD2002-0320.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2002-0320 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH A1C) 1. Direct that the respondent be discharged from the Air Force with a General discharge with or without probation and rehabilitation under AFI 36-3208, section H paragraph 5.49; c. Forward a recommendation for separation under paragraph 5.49 with an Honorable discharge to the General Court-Martial Convening Authority, AFSOC/CC (AFI 36-3208,...

  • AF | DRB | CY2007 | FD2006-00209

    Original file (FD2006-00209.pdf) Auto-classification: Denied

    His misconduct included failure to go to his appointed place of duty on several occasions, failed dorm inspections, being late for duty on numerous occasions, and wearing earrings while in uniform. Attachment; Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. (Change Discharge to Honorable, and Change the RE Code, Reason for Discharge) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2006 | FD2005-00230

    Original file (FD2005-00230.pdf) Auto-classification: Denied

    In addition, he received three Letters of Reprimand, two Letters of Counseling, two Letters of Admonishment, and was placed on the Control Roster for dereliction do duty, failure to go, reporting in an unserviceable uniform, disobeying a lawful order, lying and being late for duty. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. To: The Air Force Discharge Review Board I am requesting a change in my discharge status.