AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICX M E M B E R  (I.AST,  FIRST MIIIDLE INITIAL.) 
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T Y P E   GEN 
COUNSEL 

PERSONAL APPEARANCE 

NAME OF COUNSEI.  AND OR ORGANIZATION 

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RECORD REVIEW 

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INDEX NllMRER 

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EXHIBITS SUBMOTED TO THE BOARD 

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1  /  ORDER API'OINTWG  THE HOARD 
I  2 
3  1  LETTEK OF NOTIFICATION 
1  4  1  BRlEF Ol:  PERSONNEL  FILE 

1  APPLICATION  FOR REVltW OF DISCtiAKCiE 

1 

COCNSEL'S E L E A S E  TO THE BOAKD 

TAPE RECOR1)ING  OF PERSONAL APPEARANCE HEARING 

HEARING DATE 

15 Mar 2007 
AI'PldCANT'S  ISSUE ANDTHE BOARD'S  DECISIONALRARDNAL  AKE DISCUSSGD ON THb A'ITACHED  AIR FORCE O I S W K G E  R E V I N  BOARD DECISIONAL RATIONALE 

FD-2006-00433 

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. 

SAFIMRBR 
550 C STREET WES'I',  SUI I  E 40 
RANDOLPH AFU. '1'X 781 50-4742 

SECKEIAHY  OF THE AIR FORCE PERSONNEL  COIINCII. 
.2IR  FORCE DISCHAHGR  REVIEW  BOARD 
1535 COMMAND DR, EE WIKG.3RD  FI.OOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DEClSlONAL RATlONALE 

CASE NUMBER 

FD-2006-00433 

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  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  15s, two Letters of Reprimand, and two Records of Individual 
Counseling for misconduct.  The misconduct included violating dormitory rules by  allowing his wife and pet 
to live in his dorm room, financial irresponsibility, failure to go, and by making a false official statemcnt to 
the first sergeant by pretending to be his father over the telephone.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the 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. 

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. 

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 Langley AFB, VA on 4 Dec 
03 UP AFI 36-3208, para 5,49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a, DOB: 13 Oct 81.  Enlmt Age: 17 5/12.  Disch Age: 22 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-68,  E-54,  G-46,  M-75. PAFSC: 2T354 - Vehicle Maintenance 
Journeyman, DAS: 18 Dec 00. 

b.  Prior Sv: (1) AFReS 24 Mar 99 -  17 Jul 00 (1 yr 3 months 24 

days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 18 Jul 00 for 6 yrs. Svd: 03 Yrs 04 Mo 18 Das, all AMS. 

b.  Grade Status:  A1C -  3 Nov 03  (Article 15, 3 Nov 03) 

SrA -  1 Jan 03 
A1C -  1 Sep 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Nov 03, Langley AFB, VA -  Article 86.  You, did, in 
the Commonwealth of Virginia, on or about 16 Oct 03, 
without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: Building 26, 47 
Elm Street, Langley AFB, VA.  Article 107.  You, did, in 
the Commonwealth of Virginia, on or +g-qut--l6--Et-)3,-- 
with intent to deceive, make to TSgt: 
an official statement, to wit: your name was 1 --------- 1 
------------. 
-------- 
- - - - - - - -1 :had left 2 days prior to 
return to the base, which statement was totally false, 
and was then known by you to be so false.  Reduction to 
AZC.  Forfeiture of $100.00 pay per month for 2 months. 
Twenty days extra duty  (in excess of 10 days suspended). 
(No appeal) (No mitigation) 

: and your son : 

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(2) 9 Apr 03, Langley AFB, VA -  Article 86.  You, did, on 

or about 7 Mar 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
lSt Logistics Readiness Squadron, 23 Sweeney Blvd, 
Langley AFB, VA.  Suspended reduction to A1C.  Forty 
five days extra duty, and a reprimand. (No appeal) (No 
mitigation) 

e.  Additional: RIC, 12 FEB 03 -  Financial irresponsibility. 
RIC, 14 JAN 03 -  Financial irresponsibility. 
LOR, 16 MAY 02 -  Financial irresponsibility. 
LOR, 09 OCT 01 -  Violation of dormitory rules and 

regulations. 

f.  CM:  None. 

g.  Record of SV: 18 Jul 00 -  18 Mar 02  Langley AFB  4  (Initial) 

19 Mar 02 -  18 Mar 03  Langley AFB  3  (Annua1)REF 

h.  Awards &  D e e $ :   AFAM, AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (08) Mos  (11) Das 
TAMS: (03) Yrs  (04) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Nov 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   DD Form 214. 
3. AF Form 100. 
4. Certificate of Award. 

Attachment No.1 

I am requesting that my discharge be changed from General  (under 

honorable conditions), to Honorable. Even though I was discharged for 
misconduct because I did not agree with certain issues happenirrg in my 
squadron and was to get out of the military, I believe that my mllltary career 
should not be ignored.1 graduated as a Honor Graduate in basic training, and 
then graduated as Top Graduate in my class while I was in tech school. I 
also recieved a Air Force Achievement Metal, and a National Defence Service 
Metal for outstanding performance while deployed at Al Uded Air Base, Qatar 
in support of Operation Enduring Freedom. While state side, I participated in 
numerous comander call's. 1 was a part of adopt-a-highway, and volunteered for 
. numerous aqtivites apund $.he base. After I returned from my deployment, I just 
felt I was done wfkh  that part of my life and was reai3jiT6Tir6vbbon and I drdwliat 
ever I could to get out before my service commitment was up. I feel even though 
I seperated before my time was up,  I did serve my country proudly, and 
honorable, and ask you to change my discharge to honorable, the way I feel it 
should be. I thank you for your consideration in this matter. 

'* 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 1 ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

MEMORANDUM FOR A1 C i 

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10 Nov, 03 

FROM:  1 LRSICC 

SUBJECT:  Notification Memorandum 

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, Military Retirements and Separations, 
and AFI  36-3208, Administrative Separation ofAirmen, Chapter 5 ,  Section H, paragraph 5.49.  If 
my recommendation is approved, your discharge will be characterized as under honorable 
conditions (General) and you will be ineligible for reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  On 10 Sep 01, you moved your wife and pet into your dormitory room in direct violation of 

dormitory rules.  For this incident, you received a Letter or Reprimand (LOR), dated 9 Oct 01. 

b.  On 7 May 02, you failed to obey an order to make payments to settle your debt with your 

apartment complex.  For this incident, you received an LOR, dated 16 May 02. 

c.  On  13 Jan 03, you received a summons to appear in court for non-payment of your rent. 
Even though you had set up an allotment, you did not follow up to ensure your rent was being 
paid.  For this incident, you received a Record of Individual Counseling (FUC), dated 14 Jan 03. 

d.  On 11 Feb 03,  the unit was notified that you were $3,708.00 behind on your rent and that 
your apartment complex had ordered your eviction.  You again received a RIC, dated 12 Feb 03, 
documenting your financial irresponsibility. 

e.  On  7 Mar 03, you failed to go to your appointed place of duty.  For this incident you 

received an Article 15, dated 9 Apr 03, with a punishment of reduction to the rank of Airman 
First Class (suspended), 45 days extra duty, and a reprimand.  This action established your 
Unfavorable Information File (UF). 

f.  On 16 Oct 03, you failed to report back from your leave and you made a false official 

statement when you stated with the intent to deceive to your supervisor over the phone that you 
were your father and that "Adam7' had left two days ago,  For these incidents, you received an 
Article 15, dated 3 Nov 03, with a punishment of reduction to the grade of Airman First Class, 
forfeiture of $100.00 pay per month fox 2 months, and 20 days extra duty (1 0 day suspended). 
This action was added to your ULF, 

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3.  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 Air Force. 

4.  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 

, on 

at 

, at 

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

5.  You have the right to submit statements in 
separation authority to consider must reach 
receive an extension for good cause shown, 

you want the 
unless you request and 

6.  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. 
7.  You have been scheduled for a medical examination.  You must report to fl, tdd 
\qba 

hours on  \b  d b u  . 0 3  

for the examination. 

C\\h'C 
at 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT  36-3208 is available for your use at your Orderly Room. 

9,  Execute the attached acknowledgment and return it to me immediately. 

:..................----------------------------------' 
Commander, 1 LRS 

Attachments: 
1.  Supporting Documents 

la, LOR, 9 Oct 01 
1 b.  LOR, 16 May 02 
lc.  RIC,14 Jan 03 
Id.  RIC, 12 Feb 03 
le.  Art  15, 9 Apr 03 
If.  Art  15,3 Nov 03 
lh.  AF Form 1137 

2.  Receipt of Notification Memorandum