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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAMI.  O F  SERVICK MEMBER (I.,AST. FIRST MIDDLE INITIAL) 
------------------------------------------. 
.-----------------------------------------. I-....-....-.-..- 

GRADE 

A l C  

TYPE  GEN 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

YES 

No 

X 

I 

-- 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

I 

I 

VOTE OF THE BOARD 

I  GFN-" " I  ' LOSIIC  I  OTHER 

I 

-- 
" 
D ~ N Y  

HON 

X*+ 

X*+ 

X*+ 

X*+ 
x*+ 

ISSIIES 

A94.05 

INnEX NllMBER 

A67. I0 

HEARING  DA  I E 

CASE NUMBER 

1 
2 
3 
4 

EXBlSlTS SUBMITTED TO THE BOARD"' 

ORDER APPOINTMG  I'H F. HOAR[> 
APP1,lCATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BWEF OF PERSONNEI.  F1I.F. 
COUNSEL'S  RELEASE 'I  0 1'1 It HOAR[) 
AI1I)I I'IONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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TAPE RECORDING OF PERSONAL APPEARANCE  HE 

29 Mar 2007 
AYPUCAKT'S  ISSUE AND THE BOARD'S DECISIOUAI. RATIONAL A M  DISCCSSED ON THE ATTACIIED AIR  FORCF DISCHARGE REVIEW BOAPD DECISIONAL RATlONLE 

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1  FD-2006-00452 

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. 
*  Reason and Autllority 
+  Reenlisment Code 

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1  i.................----------- 

1 

1-0: 

SAFIMRHR 
550 C STREET WEST, SLJITE 40 
MNDOLPH AFB,  'TX 781 50-4742 

IYDORSEMENT 

. ...,.... 

c n n u .  

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

DATE: 4t9L2007 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOAR11 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDHEWS  AliH. MI)  20762-7flOZ 

I 

AFlIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NUMBER 

FD-2006-00452 

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:  Upgradc 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: 

Applicant contends discharge was inequitable because it was too harsh.  He has also expressed a desire for 
upgrade of his discharge to qualify for reenlistment into the armed forces.  The records indicated the 
applicant received three Letters of Reprimand and six Letters of Counseling for misconduct.  The applicant 
was administratively disciplined for dereliction of duty, failure to go, speeding on the flight line, reporting to 
work late on several occasions, driving on a seeded area and departing work before being released.  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 tlie discharge regulation and was within the discretion of thc 
discharge authority and that thc applicailt was provided full administrative due process. 

In view of the foregoing findings, the Board lurther 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 A I R   FORCE 

A I R   FORCE DISCHARGE  REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch f r  USAF McGuire AFB, NJ on 6 May 
05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, to Change the RE Code and Reason for Disch. 

2 .   BACKGROUND: 

a. DOB: 2 Feb 84.  Enlmt Age: 18 3/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-57,  G-44,  M-52. PAFSC: 2T231 - Air Transportation 
Apprentice.  DAS: 16 Apr 03. 

b.  prior Sv: (1) AFRes 08 May 02 -  24 Nov 02  (6 months 17 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  ~nlisted as AB 25 Nov 02 for 6 years. Svd: 02 Yrs 05 Mo 12 Das, all 

AMS . 

b.  Grade Status:  A1C -  24 Jan 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) None. 

e.  Additional: LOCI 22 MAR 05 -  Departed before being released from the 

duty day. 

LOR, 16 MAR 05 -  Driving on a seeded area. 
LOR, 14 FEB 05 -  Late for work on two occassions. 
LOCI 14 OCT 04 -  Reporting to work late. 
LOR, 17 SEP 04 -  Speeding on the flighline and driving 

between the wing tips of two aircrafts. 

LOCI 16 SUL  04 -  Dereliction of duty. 
LOC, 07 J U N   04 -  Failure to go. 
LOCI 27 SUL 03 -  Dereliction of duty. 
LOCI 21 JUL 03 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 25 Nov 02 -  15 Jul 04  McGuire AFB  3  (HAF  DIR) 

h.  Awards &  Decs:  AFTR, GWOTSM, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS: (02) Yrs  (11) Mos  (29) Das 
TAMS:  (02) Yrs  (05) Mos  (12) Das 

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

(Change Discharge to  ono or able,  Change the RE Code and Reason for 

Discharge. ) 

Issue I:  I would like to upgrade to honorable to have a clear record, and 

because I strongly feel I was done an injustice with the one I received.  Also, 
a reinstatement if possible. 

Issue 2:  Also I would like to add that at a later date I would like to 

continue serice.  However 1 was told that with the separation code I was given 
(JKN) I am aware that a renstatment (sic) is possible as well, which I hope will 
be an option open to me upon review of these documents.  Also to have my 
government debt of 1474.60 removed as well, via a change in the record. 

ATCH 
1.  DD Form  149. 
2 .   Applicant's statement. 
3.  Letter to Base Commander. 
4.  Written Presentation to Administrative Discharge Action, 
5.  Six character references. 

DEPARTMENT OF THE AIR FORCE 

305.r~ AERIAL PORT SQUADRON 
MCGUIRE AFB, NEW JERSEY 08641 

MEMORANDUM FOR  A 1 C i 

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

FROM:  305 APSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fkom 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.  1 am  recommending that your service be characterized as an Under Honorable Conditions 
(General) Discharge.  If my recommendation is approved, your service will be characterized as an 
Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 30 Jun 03, you failed to attend a Fitness Assessment Monitor Class as you were 

instructed tu do, and you also failed to accomplish the required computer based training prior to 
said class, as you were also instructed to db.  For this misconduct, you received a Letter of 
Counseling, dated 21 Jul03. 

* 

b.  On or about 27 Jul 03, you failed to go at the time prescribed to your appointed place of 

duty, to wit:  305th Aerial Port Squadron.  For this misconduct, you received a LOC, dated 

,  27 Ju103. 

c.  On or about 1 Jun 04, you failed to go at the time prescribed to your appointed pIace of duty, 

to wit:  Building 2903, Room 12.  For this misconduct, you received a LOC, dated 7 Jun 04. 

d.  On or about 16 Jul04, you failed to go at the time prescribed to your appointed place of 

duty, to wit:  305th Aerial Port Squadron. For this misconduct, you received a LOC, dated 
16 JulO4. 

e.  On or about 17 Sep 04, you drove an vehicle between the wing tips of two aircraft and you 

were caught speeding on the flight line by wing safety personnel.  Those actions were a direct 
violation of Flight Line Operating Procedures.  For this misconduct, you received a Letter of 
Reprimand (LOR), dated 17 Sep 04. 

f. On or about 8 Oct 04 and on or about 14 Oct 04, you failed to go at the time prescribed to 

your appointed place of duty, to wit:  305th Aerial Port Squadron.  For this misconduct, you 
received a LOC, dated 14 Oct 04. 

g.  On or about 9 Feb 05 and on or about 14 Feb 05, you failed to go at the time prescribed to 

your appointed place of duty, to wit:  305th Aerial Port Squadron.  For this misconduct, you 
received a LOR, dated 14 Feb 05. 

h.  On or about 7 Mar 05, you drove your vehicle on the grass area of Building 2424, a 

dormitory.  For this misconduct, you received a traffic ticket, dated 7 Mar 05 and a LOR, dated 16 
Mar 05. 

i.  On or about 18 Mar 05, you  left your place of duty, to wit:  305 Aerial Port Squadron 

Training Room, after being told to stand by and prior to being released for the duty day.  For this 
misconduct, you received a LOC, dated 22 Mar 05. 

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). 

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: - - - - - - - - - - - - - - - - - - - - - - - I  :at Building 2906 Room 
116, on 
expense. 

/800  hours.  You may consult civilian counsel at your own 

2 b ,l$@i'/  , at 

4.  You have the right to submit statements in your own behalf.  An  s  ements you want the 
separation authority to consider must reach me by Man, Z ~ f i ~ O < ~ ~ / f f ? l e s s  
you request and 
receive an extension for good cause shown.  I will send them 16 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 Ambulatory Health 
Care Clinic, McGuire AFB on Z7 RPR c S   , at  0995 

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 your squadron orderly room. 

8.  Execute the attached~acknowledgrnent and return it to me immediately 

b.-....-.-....-.-..-------------------/ 

Commander 

Attachments: 
1.  Supporting Documents 

a.  LOC, dated 21 Jul 03 
b.  LOC, dated 27 Jul 03 
c.  LOC, dated 7 Jir, 04 
d.  LOC, dated 16 Jul 04 
e.  LOR, dated 17 Sep 04 
f.  LOC, dated 14 Oct 04 
g.  LOR, dated 14 Feb 05 
h.  LOR, dated 16 Mar 05 
i.  LOC, dated 22 Mar 05 

2.  Receipt of Notification Memorandum