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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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EXHIBITS SCIBMIITLD TO THE BOARD 

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ORDER APPOIN'l'iNG THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSF.I.'S RELEASE TO THE HOARD 
AI)I)ITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

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IIEARINI: DATE 

CASE NLIMBEH 

24 Apr 2007 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL WTIONAL A$.@  DISCUSSt'D O K l H E  4TT4CtIED PIR  FORC'E DISCHARGE REVIEW BOARD DECISIONAL RATI0NAI.E 

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Case heard in  Washington,  D.C. 

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

I  I 

550 C STREET WEST, SIJlTE 40 
RANDOLPH AFB, TX 78 150-3732 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCII. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFB, 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~2006~00460 

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 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  an Article  15, a 
Vacation, two Letters of Reprimand, and three AF Form 341 s for misconduct.  Applicant received an Article 
15 for being absent from place of duty; failure to obey an order to remain in quarters for medical purposes; 
and altering a sick quarters slip.  He was punished with a suspended reduction in grade to Airman Basic, 45 
days extra duty and restriction to dormitory room for 45 days.  The Vacation action was for failure to obey a 
lawful order by not operating or riding in a privately owned vehicle and failure to complete homework.  He 
was reduced in grade to Airman Basic.  Further inisconduct was documented for financial irresponsibility, 
failure to report to formation after a lire drill, missed curfew, and missed formation.  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 AB)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Presidio of Monterey, CA 
on 9 Jul 93 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 4 Mar 74.  Enlmt Age: 17 9/12.  Disch Age: 19 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-45,  (2-96,  M-72. PAFSC: 20814G - Apprentice Cryptologic 
Linquist Specialist. DAS: 20 Aug 92. 

b.  Prior Sv:  (1) AFRes 23 Dec 91 -  7 Jul 92 (6 months 15 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 8 Jul 92 for 6 yrs. Svd: 01 Yrs 00 Mo 02 Das, all AMS. 

b.  Grade Status:  AB  -  20 May 93  (Vacation, 8 Sun 93) 

A1C -  20 A u ~  92 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 8 Jun 93, Vacation, Presidio of Monterey, CA -  Article 
92.  Yqu,--~~~~nq-&?-qwledge 
of a lawful order issued by 
Lt Gen I ------_--------------- it  Commander, Air Training Command, 
not to operate or ride in a privately owned vehicle, an 
order which it was your duty to obey, did, on or about 
25 May 93, after being reminded of the Phase I 
restrictions by TSgt: ..-..-..-..-..-..-.---------------------!, 
obey the same by wrongfully operating a privately owned 
vehicle.  Article 92.  You, on or about 1 Jun 93 and 2 
Jun 93, having knowledge of your duties, were derelict 
in the performance of those duties in that you, by 
culpable inefficiency, failed to complete your assigned 
homework, as it was your duty to do.  Reduction to AB. 
(No appeal)  (No mitigation) 

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

'  fail to 

(2) 20 May 93, Presidio of Monterey, CA -  Article 86.  You 

did, on or about 30 Apr 93, without authority, absent 
yourself from your place of duty at which you were 
required to be, to wit: Building 621, Presidio of 
Monterey, CA, and did remain so absent until on or about 
1 May 93.  Article 92.  You did, on or about 28 Apr--?A ,--. 
--------- ---- 
having knowledge of a lawful order issued by Major;--------; 
L-..-..-..-..-I 
until 0700 hours 29 Apr 93, an order which it was your 

:to remain in your quarters for medical purposes 

duty to obey, at or near the Presidio of Monterey, CAI 
on or about 28 Apr 93, fail to obey the same by leaving 
your quarters to go to the volleyball courts behind 
building 627.  Article 107.  You did, on or about 30 Apr 
93, with intent to deceive, alter a DD Form 689, 
Individual Sick Slip, to wit: changed the date, thereby 
indicating that you were to remain on quarters for 
twenty-four hours effective that date, which record was 
false in that you had not been placed on quarters by a 
physician on that date, and was then known by you to be 
so false.  Suspended reduction to AB.  Forty five days 
extra duty, and restriction to the dormitory for 45 
days. (No appeal)  (No mitigation) 

e.  Additional: LOR, 04 MAY 93 -  Financial irresponsibility. 

AF FORM 341, 22 FEB 93 -  Missed curfew. 
RIC, 18 FEB 93 -  Financial irresponsibility. 
LOR/UIF, 09 FEB 93 -  Failure to report to formation after 

AF FORM 341, 09 DEC 92 -  Missed formation. 
AF FORM 341, 01 SEP 92 -  Missed curfew. 

a fire drill. 

f.  CM:  None. 

g .   Record of SV: None. 

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

i.  Stmt of SV:  TMS:  (01) Yrs  (06) Mos  (17) Das 
TAMS: (01) Yrs  (00) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Nov 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

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DEPARTMENT OF THE AIR FORCE  "r: 

AIR TRAINING COMMAND 

- -  

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FROM:  311 HTS/CC 

PRESIDIO OF MONTEFlEY  CA  93944-5004 

SUBJ:  Letter of Notification 

16 Jun 93 

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

TO:  ; - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - d  

311 MTS 

1.  I am recammending your discharge from the United States Air Force for 
Minor Disciplinary Infractions.  The authority for this action is AFR  39-10, 
paragraph 5-46.  If my reccnumendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service 
be characterized as general. 

2.  Hy reasons for this action are: 

a.  On or about 25 May  1993, you violated a lawful order by wrongfully 

operating a privately m e d  vehicle while on Phase I of the ?4ir  Training 
Command Phase Program.  In addition, on or about 2 June 1993, you were 
derelict in the performance of your duties by  failing to complete your 
assigned homework.  This is evidenced by an AF  Form 366, w/atchs, dated 
8  June 1993 (Atch 1). 

b.  On or about 30 April 1993, you did, without authority, absent 

yourself frcm your place of duty and, with intent to deceive,. alter a DD Form 
689, Individual Sick Slip.  In addition, on or about 28 April 1993, you 
wrongfully disobeyed a lawful order to remain in your quarters for medical 
purposes.  This is evidenced by an AF Form 3070, w/atchs,  dated 20 Jun 93 
(Atch 2). 

c .   On or about 31 March 1993, you failed to maintain sufficient funds 

in your checking account which resulted in a check being returned unpaid. 
This is evidenced by a Letter of Reprimand, dated 4 May  1993  (Atch 3). 

d.  On or about 21 January 1992, you failed to'maintain sufficient funds 

in your checking account which resulted in a check being returned unpaid. 
This in evidenced by an Air Force Form 174, Record of Individual Counseling, 
dated 18 February 1992  (Atch 4). 

e.  On or about 4 February 1993, you failed to properly follow fire 

drill procedures by not reporting to the mandatory ionnation for 
accountability.  This is evidenced by a Letter of Reprimand, dated 9 February 
1993 (Atch 5). 

f.  On or about 22 February 1993, you failed to obey a lawful order by 

not complying with the established curfew hours.  On or about 9 December 1992, 
you failed to report to morning formation.  On or about 1 September 1992, you 
again failed to obey a lawful order by remaining in the smoking area after the 
established curfew hour.  These incidents are evidenced by AF  Forms  341, dated 
22 February 1993 (Atch 6), 9 December 1992 (Atch 7),  and 1 September 1992 
(Atch 8 )  . 

Copies of the documents to be forwarded to the separation authority in support 
of this recommendation are attached.  The Commander exercising SPCM- 

AIR  FORCE-A  GREAT WAY  OF  LIFE 

. - . - . - -. j urisdictioworzrhigher authori-t:y-dl1 -decide whether you4-l-.be-dhcharged - 
or retained in the Air Force and,  if you are discharged,  haw  your service will 
be characterized.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force. 

. - - .  

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 Capt 
McCord,  Travis AFB,  California on 19 Jun  93 at 0900  hours.  You may consult 
civilian counsel at your own expense. 

4 .   You have  the right to submit statements in your awn behalf.  Any 
statement3 you want the se aration  authority to con~ider must reach me by 
1600 
for good cause shcrwn.  I will send them to the separation authority. 

hrs on 2 l lJJ N $1,  unless you request and receive an extension 

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 xeport  to 
the PRIMUS  Clinic, Presidio of Monterey,  California at 0800  hrs,  on  23  Jun  93 
for the examination. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act Statement a3 explained in APR 39-10,  attachment 2 .   A copy of AFR  39-10 is 
available lor your use  in the Orderly Rocm,  311 EITS. 
,-.-..-....-..-.-..------------ 

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:.-.-..-....-..-.-.----.-------------------------' 
Camnrandes 
311th Military Training Squadron 

9  Atchs 
1.  AF  Form 366, 
8 Jun 93 
2.  AF  Form 3070, 
20  Jun 93 
3 .   LOR,  4  May 93 
4.  AF  Form 174, 
18 Feb  92 
5.  LOR,  9 Feb 93 
6.  AF  Form 341, 
22 Feb 93 
7.  AF  Prom 341, 
9 Dec 92 
8.  AJ?  From 341, 
1 Ssp 92 
9.  Airman's 
Receipt of 
~otification Ltr