AIR FORCE DISCHARGE REVIEW BOARD HEAKlNG RECORD 

.E OF SERVICE MEMBER (I,ASI',  FIHSI' MII)L)I,E  INITIAL) 

GRADE 

AMN 

AFSNfSSAN 

- - - - - - - - - - - - - - - . - - . . . - - . - l  

: GEN 
OWNETEL 
ho 
X 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAhlE OF COUNSEI. AND OR ORGANIZATION 

ADDRESS AND OH OHLANILATION  OF COUNSEL 

- 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

A94.53 

INDEX NllhlRFR 

A67.10 

I 
I 
EXHlDlTS SUHMITTED TO THE BOARD 

I 

I 

ION  FOR REVIEW OF DISCIIAKGF 

ORDER APPOINTING  THE UOAliU 

1 
2 
3 
4 
- COIJNSEL'S  RELMSC TO TIIL:  1 3 0 A R I )  

AI'I'I.ICA1 
LETTER OF NO1 II-IC'A  I  IC)N 
BRIEF OF PERSONNEL FII  r' 

A D D I T I O N A I .  kXI l l t l l  I S SUBMITTED AT T I M E  OF 
PERSONAL APPCARANCI: 

!ING DATE 

TAPE REC'0KI)ING  OF PERSONAL APPEARANCE  Ilk. 

ICANT'S tS$UEAMD THE BOARD'S DECISIONAL Khf lONAL A&  UlSCWSSEn ON TI lr ATTACIIED 418 FElRCE WlSCHAHGE KEbIEW BOAKll DtCISIONAI. RATIONALE 

: heard  in Washington,  D.C 

~ise applicant of the decision of the Board, the right to a personal appearance with/without  counsel, and the right to submit an 
ication to the AFBCMR 

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

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

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

..................... 
-  L/LNDORSEMENT 

DATE:  5/7/2007 

S A F / M I I H R  
550 C STRE61 WEST, SUll'E 40 
RANI)OI,PI  I  A F H .   I  X  781 5 0 - 4 7 4 2  

5tCKt  IAKI  OF  rI4F  41R  FORCC PERSOh\EL  COlhCII 
,\IR  FORCL  VI5CHAKGt  K t \ I L \ \   HOARD 
1535 COMMAND DR.  EE  WING, 3HV  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 NCIMBKH 

FD-2007-00018 

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, four 
Letters of Reprimand, a Letter of Counseling, and two Records of Individual Counseling for misconduct. 
The applicant received an Article 15 for lailure to go to his appointed place of duty and for making a false 
official statement.  He was punished with a reduction in grade to Airman and a reprimand.  He was 
administratively disciplined for failure to obey orders, dereliction of duty on two separate occasions, lying 
and not having the required uniform, making numerous false statements, being out of uniform, late for duty, 
haircut out of regulation, and blatant disregard to AFI 36-2903, Dress and Appelrrunce  qfAir Force 
Personnel.  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 thc 
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) 

(BGH  A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Schriever AFB, CO on 6 
Jul 06 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND : 

a. DOB: 11 Feb 81.  Enlmt Age: 21 7/12.  Disch Age: 25 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-62,  G-47,  M-36. PAPSC: 3AO51 -  Information Management 
Journeyman. DAS: 17 Oct  05. 

b.  Prior Sv: (1) AFRes 12 Sep 02 -  10 Mar 03  ( 5   months 29 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Mar 03 for 4 yrs. Svd: 03 Yrs 03 Mo 26 Das, all AMS. 
b.  Grade Status:  Amn -  16 Jun 06  (Article 15, 16 Jun 06) 

A1C -  11 Jul 04 
A m  -  11 Sep 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Jun 06, Schriever AFB, CO -  Article 86.  You, did, 
on or about 4 Apr 06, without authority, fail to go at 
time prescribed to your appointed place of duty, to wit: 
Building 210 at 0900 for an official photo appointment, 
Article 107.  You, did, on or a+?;t-5--M-ai-,g1  with 
intent to deceive, make to MSgt 1 ------------------- 
......................... 
; .............. .-.-------I, 
your Battle Dress Uniform blouse was at alterations, a 
statement which was totally false, and was then known by 
you to be so false.  Reduction to Airman.  Reprimand. 
(No appeal)  (No mitigation) 

: and MSgt 
:  an official statement, to wit: that 

e.  Additional: LOC, 14 SUN 06 -  Dereliction of duty. 

LOR, 15 MAY 06 -  Failure to obey a lawful order.  . 
LOR, 15 MAY 06 -  Dereliction of duty. 
LOR, 10 MAY 06 -  Lying and not having the required uniform. 
LOR, 31 JAN 06 -  Making numerous false official statements, 

disobeying the orders of those in the 
Chain of Command, and blatant disregard to 
AFI 36-2903, Dress and Appearance of Air 
Force Personnel.  , 

RIC, 06 JAN 06 - Out of uniform. 
RIC, 29 NOV 05 -  Late for duty, and hair cut out of 

f.  CM:  None. 

regulation. 

g.  Record of SV: 11 Mar 0 3   -  11 Nov 04  Misawa AB  4  (Initial) 

12 Nov 04 -  0 5   Aug 05  Misawa AB  4  (CRO) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (09) Mos  (25) Das 
TAMS: (03) Yrs  (03) Mos  (26) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Jan 07. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

1 .  

' ) 

:  d 

27 JUN 2006. 

NM0-u-M 

FOR AM'N :. . -. -. -. . . . . . -. -. -. -. . . . . . -. -. -. . . . . . . . -. -. - :P 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - & - -  

' DET 1,392 TRS 

FROM:  DET 1,392 TRSICC 

SUBJECT: Notification Memorandum 

. 

. . 
1.  I am recommending your discharge from the United States Air Force for misconduct, . 
specifically minor disciplinary infractions.  The authority for this action is AFPD 36-32 and MI 
36-3208, paragraph 5.49.  If your discharge is approved, your service Hiill be chmcterized as 
honorable or under honorable conditions (general).  I am recommending that your c m t  tern 
of d c e  be characterized as general. 

2.  My reasons for this action are: 

a.  On or about  29 Nov 05, you failed to go to your appointed place of duty at the 

prescribed time and failed to meet the dress and appearance standards of the Air Force, due to 
your hair being out of standards.  These actions constitute violations of Articles 86 and 92,of the 
Uniform Code of Military Justice ( U o ;  As a result, you received a Letter of Couns6l~g 
(LOC), dated 29 Nov 05.  (Atch 1 a) 

b.  Between on or about 1 Oct 05 and on or about 5 Jan 06, you were derelict in the 

ptrfofmance of your duties by failing to meet the drew and m c
 standards of the Air 
Force, by not having the correct patches on your Battle Drcss Uniform (BDU).  This action 
constitutes a violation of Article 92 of the UCMJ. As a dt, you received an LOC, dated 6 Jan 
06.  (Atch  Zb) 

e

c.  On or about 27 Jan 06 and on or about 30 Jan 06, you made official statements, 

concerning your uniforms, wbich statements were totally fdse, and were known to you to be so 
f d e .  These actions constitute violations of Article 107 of tht UCMJ.  As a result, you received 
an LOR, dated 3 1 Jan 06.  (Atch lc) 

d.  Between on or about  24 Mar 06 and on or about 3 1 Mar 06, you made an official 

statement, to wit: you had a serviceable service jacket, which statement was totally false, and 
was then known to you to be so false. This action constitutes a violation of Article 107 of .the 
UCMJ.  As  a result, you received an LOR,  dated 10 M a y  06. (Atch Id) 

e.  On or about 25 0 c t  05, you made an official statement, to wit:  all in-processing , 

appointments had been completed, which stattmcnt was totally false, and was then horn to you 
to be so false.  This action constitutes a violation of Article 107 of the UCMJ.  As a result, you 
. 
received an LOR, dated 15 May 06. (Atch le) 

MASTER OF  SPACE 

f.  On or about 5 May 06, you failed to obey a direct order to obtain a serviceable BDU 

shirt.  This action constitutes a violation of Article 92 of the UCMJ. As a result, you received an 
LOR, dated 15 May 06.  (Atch 1 f) 

g.  On or about 8 Jun 06, you were derelict in the performance of your duties by failing to 

perform your assigned duties.  This action constitutes a violation of Article 92 of the UCMJ.  As 
a result, you received an LOC, dated 14 Ju. 06.  (Atch lg) 

h.  On or about 4 Apr 06, you failed to go to your appointed place of duty at the prescribed 

time.  This action constitutes a violation of Article 86 of the UCMJ. As a result, you received 
non-judicial punishment, dated 16 Jun 06, with a reduction to the grade of Airman, and a 
reprimand.  (Atch 1 h) 

i.  On or about 5 May 06, you made an official statement, to wit: that your Battle Dress 

Uniform blouse was at alterations, which statement was totally false, and was then known to you 
to be so Mse.  This action constitutes a violation of Article 107 of the UCMJ. As a result, you 
received non-judicial punishment, dated 16 Jun 06, with a reduction to the grade of Airman, and 
a reprimand.  (Atch 1 h) 

3.  Copies of the documents to be forwarded to the separation authority in support of tbis 
recommendation are attached.  Thc commander exercising Special Court-Martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force and, if 
you are discharged, how your sewice 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 rtcoupmmt. 

4.  You have the right to consult counsel,  Military legal counsel has been obtained to assist you. 
An appoinlment has been made for you to consult the Area Defense Counsel Office, 556-761 1, 
135 Dover Street, Peterson AFB, on 2 -8 
counsel at your own expense.  Civilian counsel, if employed, must be readily available. 

46 a I&  &!  You may consult civilian 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 duty days .from the date you receive this 
memorandum of notification unless you request and receive an extension for good cause shown. 
I will send them to the separation authority. 

6,  If you fail to consult counsel or to submit statements in your own behalf, your fbilure will 
constitute a waiver of your right to do so. 

7.  You must complete the attached DD Form 2697 (Atch 5).  You are required to make an 
appointment with the Schriever AFB Flight Medicine clinic within 24 hours of receiving this 
notification letter. 

8.  You must report to MPF Separations on 

J u f l  

IY.30  to receive a briefing. 

9.  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 orderly room. 

....-....-....-....----------lidlidlidlidlidlidlidlidlidlid--------------- 

Commander, Det 1,392 Training Squadron 

1 

Attachments: 
1.  Derogatory Data: 

a.  LOC, dated 29 Nov 05 
b.  LOC, dated 6 Jan 06 
c.  LOR, dated 3 1 Jan 06 
d.  LOR, dated 10 May 06 
e.  LOR, dated 15 May 06 
f.  LOR, dated 15 May 06 
g.  LOC, dated 14 Jun 06 
h.  AF Form 3070, dated 16 Jun 06 

2. Airman's Receipt of Notification 
3,  Airman's Statement 
4.  Rtcoupment Statement 
5.  DDFom2697