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1 NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
1 GRADE
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1 TYPE GEN
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PERSONAL APPEARANCE
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RECORDREVIEW
NAME OF COUNSEL AND OR ORGANIZATION
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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.
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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.
,-.-..-....-..-.-..------------
# - - - - - - - - - - - - - - - - -
:.-.-..-....-..-.-.----.-------------------------'
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
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