AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIKS'I'  MII)I)I,E  INI'I'IAI.) 

GKADli 

PERSONAL APPEARANCE 

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AB 
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AFSNISSAN 
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RECORD REVIEW 

AUUHt.5b  4NIl OH OHLANI/,AI  ION  OF COIINSFI 

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MEMBER SIT'TING 

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VOTE OR THE BOARD 

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ISSUhS 

A94.05 

HEARINC DATE 

1  10 May 2007 

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]  INDEX  NllMBER 

A67.90 
A67.00 

CASE NUMBER 

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2 
3 
4 

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EXHIBITS SUBMITTED TO %HE BOARD 

ORDER APPOIN'I'INC  '1'1  IF HOARD 

APPLICATION FOK  REVIEW 0 6  DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  REI.EASI;  TO '1'1  IF. HOAKD 
ADDITIONAL EXHIBITS SLIBMITTBD AT 'I'IMf< OF 
PERSONAI. APPEARANCE 

'I'API< IIECOKIIING  OF PERSONAL APPEAklNCE 1-IE 

I  FD-2006-00463 

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PlYPL1CANI''S LSPUB AND THE BQMDx9 DEClbYUNAt MTIONAL ARE  DISCUSSED QN 7Hh A I I  ACHED AIR  FORCF DISCHARGF REVIEW ROARDDFCISIONAI. RATIONALE 

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 

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

'lo 

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SAF/MIRD FLOOR 
ANORF\\S  AFR, M D  20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBLK 

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FU-2006-00463 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was ofikred a personal appearance before the Discharge Revicw Board (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the dischargc. 

FINDINGS:  Upgrade of dischargc is denied. 

The  Board  finds  that  neither  the  evidcilce  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Applicant contends the discharge was too harsh because it was based solely on failure to pass room 
inspections and was not related to his duty performance.  He contends he completed his military training and 
perfor~ned assigned duties without misconduct.  The applicant rcceived a General discharge for Pattern oi' 
Misconduct, Conduct Prejudicial to Good Order and Discipline.  The miscoilduct included a Record of 
Individual Counseling for a failed dorm room inspection, two Letters of Reprimand for failing to maintain 
dorm room and standards of cleanliness, two Article  15s for dereliction of duty by willfully failing to 
maintain his dorin room as prescribed in base dormitory standards, and a Vacation of an Article  15 for 
failure to go.  After review of the record, the Board concluded that through these administrative actions, the 
applicant had ample opportunities to change his behavior.  The Board found the significant negative aspects 
of the misconduct outweigh the positive aspects of the applicant's duty performance.  The characterization of 
the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Review Board concludes the discharge was consistent with the 
procedural and substantive requircinents of thc dischargc 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 dischargc, 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 AlC) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAP Luke AFB, AZ on 22 Apr 
02 UP AFI 3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 1 Apr 81.  Enlmt Age: 19 3/12.  Disch Age: 21 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-46,  E-38,  G-33,  M-41. PAFSC: 2A631D -  FlOO Jet Engine Aerospace 
Propulsion ~pprentice. DAS: 2 Jun 01. 

b.  Prior Sv: (1) AFRes 26 Jul 00 -  4 Dec 00 (4 months 9 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5 Dec 00 for 6 years. Svd: 01 Yrs 04 Mo 18 Das, all AMS 

b.  Grade Status:  AB -  01 Apr 02  (Article 15, 1 Apr 02) 
Amn -  10 Dec 01  (Vacation, 10 Dec 01) 
A1C -  23 Feb 01 

c.  Time Lost:  None. 
d.  Art  15's:  (1) 1 Apr 02, Luke AFB, AZ -  Article 92.  You, who knew of 

your duties, on or about 11 Mar 02, were derelict in the 
performance of those duties in that you willfully failed 
to maintain your dormitory room within prescribed 
dormitory standards, as it was your duty to do. 
Reduction to AB, 15 days extra duty and restriction to 
Luke AFB, AZ for 30 days.  (No appeal)  (No mitigation) 

( 2 )   10 Dec 01, Vacation, Luke AFB, AZ  -  Article 86.  You, 
did, on or about 22 Nov 01, without authority, fail to 
go at the time wit:  Building 450.  Reduction to Amn. 
(No appeal)  (No mitigation) 

(3) 8 Nov 01, Luke AFB, AZ -  Article 92.  You, who knew of 

your duties, on or about 25 Oct 01, were derelict in the 
performance of those duties in that you willfully failed 
to maintain your dormitory room in accordance with Luke 
AFB Instruction, 32-6002, dated 17 Feb 99, as it was 
your duty to do.  Suspended reduction to A m .   Fifteen 
days extra duty and restriction to Luke AFB, AZ  for 30 
days.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 20 AUG 01 -  Failure to maintain standards of 

LOR, I 5   AUG 01 -  Failure to maintain dorm room. 
RIC, 26 JUN 01 -  Failed dorm room inspection. 

cleanliness. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (08) Mos  (27) Das 
TAMS:  (01) Yrs  (04) MOS  (18) Das 

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

(Change Discharge to Honorable.) 

Issue 1:  To my knowledge, my discharge was based on failure to pass room 

inspections.  I was able to complete offered military training, performing 
assigned duties and progressing in my training.  I was inequitably discharged if 
there were no other reasons, particularly related to my work,  I have spent over 
4 years working at a high tech company supporting computer products, which 
should show my ability to successfully contribute to an organization over an 
extended period of time.  I have been trying to get into law enforcement as a 
career, and I have been denied an opportunity due to the type of discharge. 
Additionally, I have not been able to get additional information from the Air 
Force on the discharge details to show potential law enforcement employers that 
1 would not be an at-risk employee who would be unable to perform required 
duties at a level of professionalism required for law enforcement personnel. 

ATCH 
None. 

1 

56th Component Repair Squadron 

Luke Air Force Base, Arizona 

MEMORANDUM FOR AB ! 

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; 56 CRS 

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FROM:  56 CRS/CC 

SUBJECT:  Notification ~ e z r a n d u m  

1.  I am recommending your discharge from the United States Air Force for A Pattern of 
Misconduct.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.50.2.  If 
my recommendation is approved, your service will be characterized as either honorable, general, 
or under other than honorable conditions.  I am recommending your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  On 25 Jun 01 and 26 Jun 01, you failed to maintain your dormitory room within standards. 

For these in.fractions you received a Record of Individual Counseling on 26 Jun 01. 

b.  On  10 Aug 01, you failed to maintain your dormitory room within standards.  For this 

infraction you received a Letter of Reprimand on  15 Aug 01. 

c.  On 15 Aug 0 1, you failed to maintain proper military standards regarding neatness, 
cleanliness, and military image.  For this infraction you received a Letter of Reprimand on 
20 Aug 01. 

d.  On 25 Oct 01, you failed to maintain your dormitory room within standards.  For this 

infraction you received an Article  15 on 8 Nov 0 1.  Your punishment included reduction to the 
grade of E-2, suspended until  17 May 02,  15 days extra duty, and restriction to Luke Air Force 
Base for 30 days. 

e.  On 22 Nov 01, you failed to go to your appointed place of duty at the appointed time. 
Your previously suspended nonjudicial punishment was vacated on  10 Dec 01, and you were 
reduced to the grade of E-2. 

f.  On  11 Mar 02, you failed to maintain your dormitory room within standards.  For this 

infraction you received an Article 15 on  1 Apr 02.  Your punishment included reduction to E- 1, 
15 days extra duty, and restriction to Luke AFB for 30 days. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation  will be provided to you,  The commander exercising special couti martial 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the 
Air Force.  If you are discharged, you will be ineligible for reenlistment in the Air Force and will 
likely be denied enlistment in any component of the armed forces.  Any special pay, bonus, or 
education assistance funds may be subject to recoupment. 

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 the Area Defense Counsel, at Building 1 150, 
Suite 3015, Luke Air Force Base, Arizona, extension 6701, on  / / A ~ / Z O Z  at  /00? 
hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
/&  A P g  02-  unless you request and 
separation authority to consider must reach me by 
receive, in writing, an extension for good cause.  I will forward any statements you submit to the 
separation authority as part of this package. 

6.  Failure to consult counsel or to submit statements on your own behalf constitutes a waiver of 
your right to do so. 

7.  You have been scheduled for a medical examination.  You must retrieve your medical records 
from 56th Medical Group Hospital Outpatient Records and immediately report to Physical 
Exams, Building 8 10, with your medical records and your copy of this discharge package for the 
medical examination. 

8.  Any personal  information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of MI 36-3208 is available for your use in your unit orderly room. 

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Commander