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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI.) 
.-------------------------------------------------------. 
CoUyEL 

PERSONAL APPEARANCE 

RECORD REVIEW 

, - - - - - - - - - - - - - - -  

AB 

X 

TYPE  GEN 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

X 

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MEMBER SITTING 

M

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~

~
+ 

~

%

 

V~'@$~?RXHE BOAR@$* 

1 
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3 
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ORDER APPOFNTMG THE BOAR11 
APPLICATION  FOR REVIEW OF DISCIIARGE 
LETTER OF NOTIFICA'I'ION 
BRlEF OF PERSONNEL FILE 
COUNSEL'S  E L E A S E  TO THE BOARD 
ADDITIONAL EXl4IRITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDMG OF PERSONAL. APPEARANCE HE 

I 

HEARING DATE 

CASE NUMBER 

10 May 2007 
APPLICANT'S  ISSUE AND THE BOARD'S  DEClSlONh R A ~ O K A L  ARE  DISCUSSED ON THE ATTACHED AIR FOKCE DISC'HARGF: RWlEW BOARD DECISIONAL RATIONALE 

FD-2006-00480 

I 

I 

I 

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. 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF TIlE AIR  FORCE PERSONNEL. COIINGIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND  DR, EE WING. 3RD F1.OOR 
ANDREWS AFB, MD 20762-7W2 

Previous edition will be used 

AIR FORCE DTSCHARGE KEVIEW BOARD DEClSlONAL RATlONALE 

CASE NUhlBEH 

FD-2006-00480 

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. 

ISSUE: 

Applicant contends discharge was inequitable because  it was too harsh.  He admits his misconduct was 
immature in nature and somewhat impulsive.  The records indicated the applicant rcceived two Articlc  15s 
for misconduct.  The applicant received his first Article 15 for willfully damaging fire alarms by holding a 
flame next to them.  He was punished with a reduction in grade to Airman Basic, a suspended forfeiture of 
pay for two months, and thirty days of correctional custody.  His sccond Article  15 was for failing to obey 
dormitory living standards by  having a female live with him in his dorm and failure to refrain from using 
alcohol while under the age of 21.  For this misconduct, he was punished with a forfeiture of pay, restriction 
to Whiteman AFB for 30 days, and 14 days of extra duty.  The DKB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  'She Board 
concluded the applicant's misconduct was a signiiica~lt departure from conduct cxpected of all military 
members.  The characterization of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Keview 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 f~~rther 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 

h 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVXEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER  REVXEW:  Appl rec'd a GEN Disch fr USAF Whiteman AFB, MO on 17 
Dec 03 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 18 Jul 83.  Enlmt Age: 18 5/12.  Disch Age: 20 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-63,  E-60,  G-57,  M-67. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 20 Oct 02. 

b.  Prior Sv:  (1) AFRes 17 Jan 02 -  22 Apr 02  (3 months 6  days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 23 Apr 02 for 4 years. Svd: 01 Y ~ s  07 Mo 25 Das, all 

AMS . 

b.  Grade Status:  AB  -  09 May 03  (Article 15, 9 May 03) 

A m  -  23 Oct 02 

: 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Dec 03, Whiteman AFB, MO -  Article 92.  You, , - - - - having 
- - - - - - - -  - - , 

: t o  live with you in your dorm 

'  to wit: Domitory Living Standards and 

knowledge of a lawful order issued by Lt Col ; --------------; 
------------ 
;..-.-..-..., 
Procedure, dated 22 Oct 02, an order which it was your 
duty to obey, did, between on or about 20 Aug 03 and on 
or about 20 Oct 03, fail to obey the same by wrongfully 
allowing i 
room, ~ u ~ I X f i ~ - - i - ~ ~ - ~ - , - - ~ ~ l - ~ ' n t i s  
Hall, Room 33 6, Whiteman 
AFB, MO.  Article 92.  You, who knew of your duties at 
or near Warrensburg, MO, on or about 20 Oct 03, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages until the age of 21, as it was your duty to 
do.  Forfeiture of $575.00 pay per month for 2 months. 
Restriction to the limits of Whiternan AFB, MO for 30 
days and 14 days extra duty.  (No appeal) 
(No mitigation) 

(2) 9 May 03, Whiteman AFB, MO  -  Article 108.  You, did, on 

or about 4 Mar 03, without authority, willfully damage 
by holding a flame next to a fire alarm, military 
property of the United States the amount of said damage 
being in the sum of about $196.00.  Article 80.  You, 

did, between on or about 15 Dec 02 to on or about 31 Jan 
03, without proper authority, attempt to willfully 
damage military property of the Unites States, by 
holding a flame next to a  fire alarm on the second floor 
of Atlantis Hall.  Reduction to AB.  Suspended 
forfeiture of $375.00 pay per month for 2 months 
(subject to restitution being made to Whiteman Housing 
Office in the amount of $196.00).  Thirty days 
correctional custody.  (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  NDSM, AFTR. 

i -   Stmt of S v :   TMS:  (01) Yrs  (11) Mos  (01) Das 
TAMS:  (01) Yrs  (07) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Dec 06. 

(Change Discharge to Honorable.) 

Issue 1:  I would like an upgrade in order to complete my future goals. 

Each of the offenses I comitted  (sic) were immature in nature and somewhat 
impulsive.  My first offense was destruction of government property.  It's 
shameful to say but at that time I was easily influenced by my peers.  My second 
offense was disobying a lawful order with alchol  (sic) involved.  Basically I 
chose the wrong girlfriend.  I disobeyed an order by allowing her to stay in my 
dormatory.  Sinve I have been discharged I have served in Afghansitan for one 
year and Iraq for elleven (sic) months.  The main reason I decided to use the 
skills I learned in the military working for Halliburton was because of my poor 
performance in the military.  I felt I owed it to my country. 

Issue 2:  There is no excuse for my actions in the military, but my job 

performance was in good order.  I still want to continue my firefighting carreer 
(sic) in civilian life.  With the "Generalw discharge it's more difficult.  I 
would hope that my performance in the middle east with Halliburton has made up 
for some of my mistakes in the military.  Thanks you for your consideration. 

ATCH 
1.  Contractor Deployment Order. 

1 

\ 

DEPARTMENT OF THE AIR FORCE 
CIVIL ENGINEERING SQUADRON (ACC) 

5 0 9 ~ ~  

WHITEMAN AIR FORCE BASE, MISSOlIEU 

MEMORANDUM FOR  AB i 

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

FROM:  509 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct prejudicial to good order and discipline. The authorities for this action are AFPD 
36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved your service may 
be characterized as honorable ox  under honorable condit~ions.(general>->-> 
I. am- recommending that. 
your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a.  Between on or about 20 Aug 03 and on or about 20 Oct 03, you failed to obey a lawful 

order issued to you by y o u  Commander in that you wrongfully allowed Kristina Harris to live 
with you in your dorm room.  For this incident, you received an Article 15 dated 02 Dec 03. 
(Atch la) 

b.  On or about 20 Oct 03, you were derelict in the performance of your duties in that you 

failed to refrain from consuming alcoholic beverages until the age of 2 1.  For this incident, you 
received an Article 15 dated 02 Dec 03. (Atch 1 b) 

c- 

c.  On or about 04 Mar 03, you damaged government property in that you held a flame to 

a fire alarm, the amount of said damage totaled $196.00.  For this incident, you received an 
Article 15 dated 09 May 03.  In addition, this Article 15 was placed in your Unfavorable 
Information File.  (Atch 1 c) 

d.  Between on or about 15 Dec 02 and on or about 3 1 Jan 03, you attempted to damage 
government property by holding a flame next to a fire alarm.  For this incident, you received an 
Article 15 dated 09 May 03.  In addition, this Article 15 was placed in your Unfavorable 
Information File. (Atch Id) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial convening 
authority or a higher authority will decide whether you will be discharged or retained in the 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. 

For Official Use Only 

c 

8 Dfc  03 

expense, 

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 Area Defense Counsel in Bldg 509 on 

at 

1506 

. You may also consult civilian counsel at your own 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
unless you request 
separation authority to consider must reach me by 
and receive an extension for good cause shown.  I will forward your statements to the separation 
authority. 

L 03 

I I 

6.  If you  f'ail to consult counsel or to  submit statements in your own behalf, your failure will 
constitute a waiver of your rights to do so. 

7.  You have been scheduled for a medical examination.  You must report to Family Practice at 
o %d  0 on  q 0-c c 03 for the examination,  112 D -9 4 ~ c h  

1 

8.  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 in your unit's  Commander Support Staff. 

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

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p a n d e r

 

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Attachments: 
1.  Supporting documents --for the reason for discharge 

a.  Article 15, dated 02 Dec 03 
b.  Article 15, dated 02 Dec 03 
c.  M c l e  15, dated 09 May 03 
d.  Article 15, dated 09 May 03 

2.  Documents containing derogatory information -- which are not listed in the notification 
memorandum: None. 

3.  Airman's receipt of notification memorandum, dated 

For Official Use Only