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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

AMN 

x 

1  I:Ym  CiEN 

c0UN8EL 
No 

YES 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDROSS AND OR OHGANlZATlUN  OF COIIN6hl. 

X 

MEMBER SITTING 

-a 

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ISIUES 

A92.01 

1  INDLX NUMRER 

A67.90 

, 

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1 
1  1 
1  2 
1  3  1 
4 

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EX~ISXTS SUBMITTED  TO THE BOARD 

I  ORDER APPOINTMG TI IE BOARI) 
1  APPLICATION  FOli REVIEW OF DISCllARGE 
I .ETTER OF NOTIFICA'I'ION 
1  BRIEF OF PERSONNEL FILE 
COUNSEL'S  KELEASE '1'0 THE BOARD 
AI)DITIONAl..  EXHIBITS St JBMITTEI) AT TIMI; OF 

/  PERSONAI. APPEARANCE 
1  TAPE RECORDING OF PERSONAL APPEARANCE HEAKMG 

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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to si~b~nit an 
application to the AFBCMR. 

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

X -Appeal  to upgrade to Honorable, to change the reason and authority for discharge, and to change the reenlistment code are 
denied. 

SAFIMKHR 
550 C STRIA;  I  WEST, SUITL 40 
RANDOLPI I AFB, TX 781 50-4742 

1 

AIR FORCE DISCHARGE REVIEW HOARD 
1535 COMMAND DH  EE WINC.3HD bI.OOR 
ANDREWS AFB, blo 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE KEVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00432 

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 thc Discharge Review Board (DRB) but dcclined 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. 

ISSUES: 

Issue 1.  The applicant contends his discharge was inequitable because it was too harsh.  The records 
indicated the applicant received two Article  1 5s, four Letters of Reprimand, and three Records of Individual 
Counseling for misconduct. This misconduct included dereliction of duty on divers occasions, failure to go, 
financial irresponsibility, and making a false application to the Air Force Aid Society. The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negative behavior. 
'I'he  Board concluded the misconduct was a significant departure from conduct expected of all military 
members.  The characterization  of the discharge receivcd by the applicant was found to be appropriate. 

Issue 2.  The applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports 
and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects 
of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANJJREWS AFB,  MD 

(Former AMN)  (HGH AlC) 
DOCUMENTS MISSING 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF Luke AFB, AZ, on 2 Mar 
04 UP AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order 
and Discipline).  Appeals  for Honorable Discharge, to Change the RE Code and 
Reason for Disch, 

2.  BACKGROUND: 

a. DOB: 31 Aug 82.  Enlmt Age: 18 8/12.  Disch Age:  21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-79,  G-80,  M-73. PAFSC: 2A353B -  Tactical Aircraft 
Maintenance Journeyman -  F-16.  DAS: 17 Jan 02. 

b.  Prior Sv:  None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 May 01 for 6 years. Svd: 02 Yrs 09 Mo 17 Das, all 

AMS . 

b.  Grade Status:  A m  -  15 Oct 03  (Vacation, 6 Feb 04) 

A1C -  29 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 Feb 04, Vacation, Luke AFB, AZ -  Article 134.  You, 

being indebted to The Vineyards Apartments in the sum of 
$715.00 for rent, non-sufficient funds charge, and late 
charges, which amount became due and payable on or about 
25 Nov 03, did at or near Glendale, AZ, from 1 Nov 03 to 
25 Nov 03, dishonorably fail to pay said debt. 
Reduction to A m .   (No appeal)  (No mitigation) 

(2) 15 Oct 03, Luke AFB, AZ -  Article 107.  You, did, on or 

about 12 Sep 03, with intent to deceive, sign an 
official application, to wit:  Application for Air Force 
Aid Society Financial Assistance which application was 
totally false, and was then known by you to be  so false. 
Article 134.  You, being indebted to Ballyls Fitness in 
the sum of $1756.00 for goods and services rendered, 
which amount became due and payable on or about 1 Jul 
03, did at or near Litchfield Park, AZ, from 1 Jul 03 to 
16 Sep 03, dishonorably fail to pay said debt.  Article 
134.  You, being indebted to Pillar Communities in the 
sum of $2501.00 for rent, which amount became due and 
payabout on or about 1 Jun 03, did at or near Litchfield 

Park, AZ, from 1 Jun 03 to 16 Sep 03, dishonorably fail 
to pay said debt.  Article 134.  You, being indebted to 
Hyundai in the sum of $6347.00 for a vehicle, which 
amount became due and payable on or about 1 Mar 02, did 
at or near Litchfield Park, AZ, from 1 Mar 02 to 16 Sep 
03, dishonorably fail to pay said debt.  Suspended 
reduction to A m  and a reprimand.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 01 APR 03 -  Failure to go. 

LOR, 03 OCT 02 -  Dereliction of duty. 
LOR, 08 AUG 02 -  Dereliction of duty. 
LOR, 10 JUN 02 -  Dereliction of duty and Failure to go. 
RIC, 10 JUN 02 -  Failure to go. 
RIC, 21 MAY 02 -  Dereliction of duty. 
RIC, 17 MAY 02 -  Dereliction of duty. 
EXAMINERS NOTE:  All LORs and RICs are missing from file. 

Information taken from the Notification Memorandum. 

f.  CM:  None. 

g.  Record of SV: 16 May 01 -  15 Jan 03  Luke AFB  2  (1nitial)~E~ 

16 Jan 03 -  14 Jan 04  Luke AFB  3  (Annual) REF 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (09) Mos  (17) Das 
TAMS: (02) Yrs  (09) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Nov 06. 

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

Discharge. ) 

Issue 1:  EPR bullets did not reflect scores given!  Was a good troop and 

served.  More than required amount of time to receive veterans status and 
benefits.  Love the Air Force and am considering rejoining the armed forces. 

ATCII 
None. 

DEPARTMENT OF THE AIR FORCE 

56TH AIRCRAFT MAINTENANCE SQUADRON 

LUKE AFB, ARIZONA 85309 

MEMORANDUM FOR  AMN L-. . . . . . . . . . . . . . . . . - - - - - - - - - - - - - -- - - - - - - - - - - - - 

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

: 56 AMXS 

FROM:  56 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge &om the United States Air Force for Misconduct:  A Pattern 
of Miscoaduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  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 reason for this action is: 

a.  On 17 May 02, you received a Record of Individual Counseling for being derelict in the 

performance of your duties. 

b.  On 21 May 02, you received a Record of Individual Counseling for being derelict in the 

performance of your duties. 

c.  On 10 Jun 02, you received a Record of Individual Counseling for failing to report to youf 

appointed place of duty at the time prescribed. 

d.  On 10 Jm 02, you received a Letter of Reprimand for being derelict in the performance of 

your duties and failing to report to your appointed place of duty at the time prescribed. 

e.  On 8 Aug 02, you received a Letter of Reprimand for being derelict in the performance of 

your duties. 

f,  On 3 Oct 02, you received a Letter of Reprimand for being derelict in the performance of 

your duties.  This action established your Unfavorable Information File (UIF). 

g.  On 1 Apr 03, you received a Letter of Reprimand for failing to report to your appointed 

place of duty at the time prescribed.  This was filed in your existing UIF. 

h.  On 15 Oct 03, you received an Article 15 for signing a false official application and 

dishonorably failing to pay your debts.  For this misconduct you received a suspended 
reduction to E-2 and a reprimand.  This was filed in your existing UIF. 

i.  On 6 Feb 04, you received a Vacation of Suspended Nonjudicial Punishment for 

dishonorably failing to pay your debt to the Vineyards Apartments.  For this misconduct you 
received a reduction to E-2.  This was filed in your existing U F .  

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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  yeuare- di~charged~how-your se~visewill be- characterized,  If you aredissharged5yoe- 
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). 

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3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Captain; ------------------- :at 7383 N. Litchfield Rd., 
on  14 f180)/ , at  /300  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 
unless you request and 
receive an extension for good cause shown.  I will send them to thdseparation authority. 

3 f&  Dq 

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.  Y2upust report to 56th Medical Group 
Hospital, 7219 N. Litchfield Rd. on  3 Y 
hours for the examination. 

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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 unit's  orderly room. 

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

Attachments: 
1.  Record of Individual Counseling, dated 17 May 02 
2.  Record of Individual Counseling, dated 21 May 02 
3.  Record of Individual Counseling, dated 10 Sun 02 
4.  Letter of Reprimand, dated 10 Sun 02 
5.  Letter of Reprimand, dated 8 Aug 02 
6.  Letter of  Reprimand, dated 3 Oct 02 
7.  Letter of Reprimand, dated 1 Apr 03 
8.  Article 15, dated 15 Oct 03 
9.  Vaction of Suspended Nonjudicial Punishment, dated 6 Feb 04 
10. Receipt of Notification Memorandum