Search Decisions

Decision Text

AF | DRB | CY2007 | FD2007-00001
Original file (FD2007-00001.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

GRADE 

I  AMN 
I 
X 

AFSNISSAN 

RECORDREVIEW 

NAME OF COUNSEL AND OR ORCANIZA'I'ION 

ADDRESS AND OK ORGANIZATION OF COUNSEL 

1  TYPE  GEN 

No 

X 

coU$&L 

YES 

I 
2 
3 
4 

( 

ORDER APPOIN'I'ING I HE BOARD 
APPLICATION FOR REVIEW Ol- DISCIiARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSI':L.'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SIJBM I I'1'F.I)  A I  I'IM E OF 
PERSONAL APPEARANCE 

I  TAPE RECOFCIING OF PERSONAL APPEARANCE HE 

HEARING DATE 

CASE NIIMHkK 

25 Apr 2007 
APPLICAKT'S  ISSUE AND THE BOARD'S DKlSlO'JAL  R4TlONAL ARE DISCUSSED ON THF! ATTAMED AIR  FORCE DISCHAROE REVIEW BOARD DEClSlON4L  RATIONALE 

FD-2007-00001 

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. 
*  Reason and Authority 
+  Reenlistment Code 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, 'I'X 781 50-4742 

I 

AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD F1,OOR 
ANDREWS AFB, MD 20761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 
1 
1 

I 

I 

I 

I 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00001 

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:  Upgrade 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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
The applicant has also expressed a desire for upgrade of his discharge for reenlistment into the armed forces. 
The records indicated the applicant received an Article  15, ten Letters of Reprimand, and three Records of 
Individual Counseling for misconduct.  The applicant received an Article  15 for failure to go to his appointed 
place of duty on two separate occasions.  He was punished with a reduction in grade to Airman and a 
reprimand.  He was administratively disciplined for failure to go on eleven different occasions, failure to 
obey a direct order, and making a false official statement.  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 AMN)  (HGH  A1C) 

....................... 
1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN ~ i s c h  fr USAF Luke AFB, AZ on 29 Apr 
05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, to Change the RE Code and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jun 86.  Enlmt Age: 17 0/12. Disch Age: 18 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-52,  E-45,  G-42,  M-31. PAFSC: 2W131F - Aircraft Armament Systems 
F-16 Apprentice.  DAS: 22 Nov 04. 

b.  Prior Sv:  (1) AFRes 08 Jul 03 -  24 May 04 (9 months 17 days) (~nactive) 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 25 May 04 for 6 years. Svd: 00 Yrs 11 Mo 05 Das, all 

AMS . 

b.  Grade Status:  A m  -  10 Mar 05' (Article 15 -  10 Mar 05) 

A1C -  09 Jul 04 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 Mar 05, Luke AFB, AZ -  Article 86.  You did, on or 

about 3 Feb 05, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building #928.  Article 86.  You did, on or about 4 Feb 
05, without authority, fail to go at the time prescribed 
to your appointed place of duty, to wit:  building # 9 2 8 .  
Reduction to A m  and a reprimand.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 07 APR 05 -  Failure to go. 
LOR, 07 APR 05 -  Failure to go. 
LOR/UTF, 07 APR 05 -  Failure to go. 
LOR, 06 APR 05 -  Failure to go. 
RIC, 07 MAR 05 -  Failure to obey a direct order from an 

NCO . 

LOR, 04 MAR 05 -  Failure to go. 
LOR, 24 FEB 05 -  Failure to go. 
LOR, 16 FEB 05 -  Failure to go. 
LOR, 10 FEB 05 -  Failure to go. 
LOR, 01 FEB 05 -  Failure to go and making a false official 

LOR, 29 DEC 04 - ,Failure to go. 
RIC, 27 DEC 04 -  Failure to go. 

statement. 

RIC, 02 DEC 04 -  Reported late for duty and then had to be 

called on another day to report to work. 

(EXAMINERS NOTE:  Information taken from the Letter of 
Notification.  Documents are missing from file.) 

f .  CM:  None 

g.  Record of SV:  None. 

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

i.  Stmt of Sv:  TMS: (01) Yrs  (09) Mos  (22) Das 
TAMS:  (00) Yrs  (11) Mos  (05) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Dec 05. 

(Change Discharge to Honorable, Change the RE Code and Reason for 

Discharge.) 

Issue 1:  I would like to upgrade to a  (sic) honorable discharge.  I would 

like to try to get back into the military service.  Because at the time I wasn't 
ready for the military because the decision to go in was not my own.  Since I 
come (sic) out of the military I wish things with me would have been different. 
I wish I would have stayed in and see then what I see now. 

ATCH 
1.  DD Form 214 

4 

1 

i 
DEPARTMENT OF THE AIR FORCE 

756TH AIRCRAFT MAINTENANCE SQUADRON 

LUKE AIR FORCE BASE, ARIZONA 85309 

, - - - - - - - - - - - - - - - 1 - - - - - - - - - - - - - - - - - - - - -  

MEMORANDUM FOR AMN! ..-.-..-..-..-..-..-..~..~..~..~..~..- 
FROM:  756 AMXSICC 

SUBJECT:  Notification Memorandum. 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 
5.49.  If my recommendation is approved, your service will be characterized as Honorable or Under 
Honorable Conditions (General).  I am recommending that your service be characterized as Under 
Honorable Conditions (General). 

2.  My reason for this action is: 

a.  On or about 30 Nov 04, you reported to duty late.  On or about 2 Dec 04, members from 
your unit had to call you to report to work.  For this misconduct, you received a Record of 
Individual Counseling, dated 2 Dec 04. 

b.  On or about 27 Dec 04, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Record of Individual Counseling, dated 27 Dec 04. 

c.  On or about 29 Dec 04, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 29 Dec 04. 

d.  On or about 25 Jan 05, you failed to go to your'appointed place of duty; you also made a 
false official statement.  For this misconduct, you received a Letter of Reprimand, dated 1 
Feb 05. 

e.  On or about 3 Feb 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received an Article 15, dated 10 Mar 05.  Your punishment included a 
re2uction to the grade of E-2 and a reprimand.  This action established an ~nfavprable 
Information File (UIF). 

f.  On or about 4 Feb 05, you failed to go to your appointed place of duty, as evidenced by 
the Article 15, dated 10 Mar 05. 

g.  On or about 8 Feb 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 10 Feb 05. 

h.  On or about 9 Feb 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 16 Feb 05. 

y 

i.  On or about 11 Feb 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 24 Feb 05. 

j.  On or about 16 February 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 4 Mar 05. 

k.  On or about 5 Mar 05, you failed to obey a direct order from a non-commissioned 
officer.  For this misconduct, you received a Record of Individual Counseling, dated 7 Mar 
05. 

1.  On or about 21 Mar 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 6 Apr 05. 

m.  On or about 4 April 05, you failed to go to your appointed place of duty.  For this 
misconduct, you received a Letter of Reprimand, dated 7 Apr 05.  This action was placed in 
your existing UIF. 

n.  On or about 5 Apr 05, you failed to go to your appointed place of duty, as evidenced by 
the Letter of Reprimand you received dated 7 Apr 05. 

o.  On or about 6 Apr 05 you failed to go to your appointed place of duty, as evidenced by 
the Letter of Reprimand you received dated 7 Apr 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: -..-..-.-..-..-..-.... 
:at 7383 N. Litchfield Rd., 
Bldg. 1 150, ext 6701, on ~cl A-  0s , at 
counsel at your own expense. 

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

hours.  You may consult civilian 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 21 A%  6  unless you request and 
receive an extension for good cause shown.  I will send them to 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 56th Medical Group, 
on 2 O d ~ 6 '  
,at 
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 file for the medical examination. 

hours for the examination.  You have been scheduled for a 

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 in your unit's orderly room. 

' 

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

.---------------------------------------------------- 
Commander 

Attachments: 
1.  Supporting Documents 

a.  Record of Individual Counseling, dated 2 Dec 05. 
b.  Record of Individual Counseling, dated 27 Dec 05. 
c.  Letter of Reprimand, dated 29 Dec 04. 
d.  Letter of Reprimand, dated 1 Feb 05. 
e.  Article  15, dated  10 Mar 05 
f.  Letter of Reprimand, dated 10 Fels 05. 
g.  Letter of Reprimand, dated 16 Fels 05. 
h.  Letter of Reprimand, dated 24 Feb 05. 
i.  Letter of Reprimand, dated 4 Mar 05. 
j . Record of Individual Counseling, dated 5 Mar 05. 
k.  Letter of Reprimand, dated 6 Apr 05. 
1.  Letter of Reprimand, dated 7 Apr 05 
m.  Letter of Reprimand, dated 7 Apr 05 
n.  Letter of Reprimand, dated 7 Apr 05 

2.  Receipt of Notification Memorandum 



Similar Decisions

  • AF | DRB | CY2007 | FD2006-00232

    Original file (FD2006-00232.pdf) Auto-classification: Denied

    Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an ipplication to the AFBCMR Vames and votes will be made available to the applicant at the applicant's request. "eason t Reenlistment Code and Authority TO: SAFlMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 YNDORSEMENT DATE: 2/22/2t%07 i I SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DlSCllARGE REVIEW...

  • AF | DRB | CY2011 | FD-2008-00257

    Original file (FD-2008-00257.pdf) Auto-classification: Denied

    The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record. FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. 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...

  • AF | DRB | CY2007 | FD2006-00432

    Original file (FD2006-00432.pdf) Auto-classification: Denied

    I AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ------------------------------------. The records indicated the applicant received two Article 1 5s, four Letters of Reprimand, and three Records of Individual Counseling for misconduct. DEPARTMENT OF THE AIR FORCE 56TH AIRCRAFT MAINTENANCE SQUADRON LUKE AFB, ARIZONA 85309 MEMORANDUM FOR AMN L-.

  • AF | DRB | CY2007 | FD2007-00011

    Original file (FD2007-00011.pdf) Auto-classification: Denied

    'The Vacation action for failure to go resulted in a forfeiture of pay. 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. On 23 Mar 05, you showed up for a firing appointment unshaven, As a result, you received a LRtter of Reprimand (LOR) on 24 Mar 04 (Tab 1-2).

  • AF | DRB | CY2003 | FD2003-00060

    Original file (FD2003-00060.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0060 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 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. (Change Discharge to Honorable, Change the RE Code, Reasons and Authority) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2007 | FD2007-00031

    Original file (FD2007-00031.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief - DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH SRA) 1. For this misconduct, you received an RIC, dated 21 Mar 03, (Atch 10) (I) You, did, on or about 23 Sep 02, without authority, absent yourself fiom your place of duty at which you were required to be, to wit: 49th Civil Engineering Squadron, located at Holloman Air Force Base, New Mexico, and did remain so absent until on or about 23 Sep 02. You are ordered to...

  • AF | DRB | CY2003 | FD2003-00011

    Original file (FD2003-00011.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0011 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Applicant's Rebuttal to Discharge w/20 Atchs. Attachments: Letter of Reprimand dated 30 Oct 96 .

  • AF | DRB | CY2007 | FD2006-00463

    Original file (FD2006-00463.pdf) Auto-classification: Denied

    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 I SAF/MIRD FLOOR ANORF\\S AFR, M D 20762-7002 I (EF-V2) Previous edition will be used 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NllMBLK 1 FU-2006-00463 GENERAL: The applicant appeals for upgrade of discharge to honorable. The...

  • AF | DRB | CY2002 | FD2002-0030

    Original file (FD2002-0030.pdf) Auto-classification: Denied

    For this misconduct, he received a Record of Individual Counseling. In such cases, AFI 36-3208, paragraph 6.46, requires the separation authority to designate a primary reason for the discharge. Separate the Respondent with a general discharge without probation and rehabilitation, designating either a pattern of misconduct or failure to progress in on-the-job-training as the primary reason; or’ c. Forward the case to 19 AF/CC recommending the Respondent receive an honorable discharge, with...

  • AF | DRB | CY2005 | FD2005-00164

    Original file (FD2005-00164.pdf) Auto-classification: Denied

    For his misconduct he received the following: an Article 15 for being disrespectful in language to a noncommissioned officer, underage drinking, and driving while under the influence of alcohol; seven Letters of Reprimand for failure to go and obey a lawful order, drinking and possession of alcoholic beverages underage, disrespect to a superior commissioned officer and superior noncommissioned officer, lying, uniform not within standards, late returning from breakfast and lunch, improper...