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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAMK O F SERVICE MEMBER (LAST FIRST MIDDLE INI'I'IAI,)
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1 NAME OF COUNSEL AND OR ORCANlZATlON
PERSONAL APPEARANCE
G R A D E
AMN
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1 AFSNISSAN
RECORDREVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
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VOTE OF THE BOARD
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ISSUES
A94.05
INDEX NUMBER
A67.10
IfEARlNG UArE
CASE NUMBER
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EXHIBITS SUBMITTED T O THE BOARD
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ORDER APPOIN'I'INU 1 ' I E BOARD
APPI,ICATION FOR REVIEW OF DISCHARGE
1
2
3 1 LETTER OF NOTIFICATION
4 1 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAI. EXiIIHI'I'S SUBMI II'ED A'1"SIME OF
PERSONAI. APPEARANCE
'I'APF RECORDING OF PERSONAL APPEARANCE HE
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03 May 2007
APPLICANT'S ISSUE AND THE BOARD'S DBCISIOXAL MTIONAL ARE DISCUSSED ON THE ATTACXED AIR FORCE DISCHARGE REVIEW BOARD DWISIONAL RATIONALE
FD-2007-00025
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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
TO:
L
SAFIMRBR
550 C STREET WES'I', SUITE 40
RANDOLPH AFB, TX 78150-4742
AFBQ FORM 0-2077, JAN 00
INDORSEMENT
PROM:
DATE: 5/1/2007
SECRETARY OF THE AIR FORCE PERSONNEI COllNCll
AIR FORCE DISCHARGE REVIEW BOARD
153.5 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MU 20762-7002
I
(EF-V2)
Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2007-00025
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for 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.
He has also expressed a desire for upgrade of his discharge to allow for reenlistment into the armed forces.
The records indicated the applicant received an Article 15, a Vacation, a Letter of Reprimand, and a Record
of Individual Counseling for misconduct. The applicant received an Article 15 for failure to go to his
appointed place of duty and making a false official statement. He was punished with a suspended reduction
in grade to Airman, thirty days of correctional custody, and a reprimand. The Vacation action was for
breaking restriction while assigned to Correctional Custody which resulted in his reduction in grade to
Airman. The applicant was also administratively disciplined for financial irresponsibility. 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 Disch fr USAF Wright-Patterson AFB, OH
on 2 Jan 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: 20 Mar 84. Enlmt Age: 19 8/12. Disch Age: 21 2/12. Educ: HS DIPL.
A-55, E-74, G-40, M-67. PAFSC: 2A635 - Aircraft Hydraulic Systems
AFQT: N/A.
Apprentice. DAS: 30 Jul 04.
b. Prior Sv: (1) AFRes 17 Dec 03 - 23 Feb 04 (2 months 7 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 24 Feb 04 for 6 yrs. Svd: 01 Yrs 03 Mo 09 Das, all AMS.
b. Grade Status: Amn - 17 Mar 05 (Vacation of Article 15, 7 Apr 0 5 )
A1C - 9 Apr 04
c. Time Lost: None.
d. Art 15's: (1) 07 Apr 05, Vacation, Ramstein AB, Germany - Article
134. You, having been restricted to the limits of
Correctional Custody, building 2104, by a person
authorized to do so, did, on or about 19 Mar 05, break
said restriction. Reduction to Airman. (No appeal) (No
mitigation)
( 2 ) 17 Mar 05, Ramstein AB, Germany - Article 86. You,
did, on or about 1 Mar 05, without authority, fail to go
at the time prescribed to your appointed place of duty,
to wit: Building 2210. Article 107. You, did, on or
about 1 Mar 05, with intent to deceive, make to TSgt
Brown, an official statement, to wit: Furnishings
Management Off ice (FMO) showed up at 1400, which
statement was false in that FMO showed up at 0815, and
was then known by you to be so false. Suspended
reduction to Airman. Thirty days correctional custody,
and a reprimand. (No appeal) (No mitigation)
e. Additional: LOR, 02 MAR 05 - Financial irresponsibility.
RIC, 24 JAN 05 - Financial irresponsibility.
f. CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR, NDSM, GWOTSM.
i. Stmt of Sv: TMS: (01) Yrs (05) Mos (16) Das
TAMS: (01) Yrs (03) Mos (09) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Jan 07.
(Change Discharge to Honorable, Change the RE Code, and Reason for
Discharge)
Issue 1: My discharge was wrongfully given due to the fact that my
commander sent me to RAMP (Ramstien (sic) Area Motivational Program) and I quit
the program without going AWOL. 1: was sent to RAMP due to my financial
irresponibilies (sic) within a 2 mnth (sic) period and I think it was wrong for
my commander to send me to RAMP for that reason alone. Therefore I ask to
upgrade my discharge to Honorable and to change my re-entry code from 2B to
something other than a 2 , so I can yet serve my country in another branch of
service.
ATCH
None.
*
DEPARTMENT OF THE AIR FORCE
86TH AIRCRAFT MAINTENANCE SQUADRON (USAFE)
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MEMORANDUM FOR AMN i
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1 86 AMXS
FROM: 86 AMXSICC
SUBJECT: Notification Memorandum
1. I am recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32, Military
Retirements and Separations, and AFI 36-3208, Administrative Separation of Ainnen,
paragraph 5.49. If my recommendation is approved, your service will be characterized as
either Honorable or Under Honorable Conditions (General). I am recommending that your
service be characterized as General.
2. My reasons for this action are:
a. On 19 March 2005, you broke restriction. For this incident, you received a
vacation of suspended Article 15 punishment, dated 7 April 2005. Punishment consisted
of a reduction to the grade of Airman. (Atch la)
b. On 1 March 2005, you failed to go, and made a false official statement. For these
incidents, you received an Article 15, dated 17 March 2005. This document established your
Unfavorable Information File (LID?). (Atch 1 b)
c. On 16 February 2005, you failed to pay your utilities. For this incident, you received
a Letter of Reprimand (LOR), dated 2 March 2005. (Atch lc)
d. On 18 January 2005, you were two months behind in rent. Fbr this incident, you
received a Record of Individualized Counseling (RIC), dated 24 January 2005. (Atch Id)
3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM 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 service will be characterized. If you are discharged, you wi'll be ineligible
for reenlistment in the Air Force and 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 beennhmed to
assist you. I have made an appointment for you to consult with b&
- - - - - - - - - - - ,
i ~ r e s
Defense Counsel, Ramstein AB, GE, Building 2111, DSN 480-218212492 on
I \ f i y 6 at bqW hours. If you chose not to consult counsel then you must call
and cancel this appointment. You may consult civilian counsel at your own expense.
5. You have the right to submit statements in your own behalf. A
= hours unless you request and receive an extension for good cause shown. I
t the separation authority to consider must reach me by /h zF 0s
will send them to the separation authority.
statements you
at
6. 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.
7. You have been scheduled for a medical examination. You must report in uniform
with your medical records and an escort to the Force Health Management, Physical
hours for the evaluation. I€
Exams, Building 2121 on
you wear glasses, you must bring them with you. If you wear contacts, you must be able to
remove them.
at 18 dl)
// ,m lJ
8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.
A copy of AFI 36-3208, Administrative Separation of Ainnen, is available for your use in
the orderly room.
9. Execute the attached acknowledgement and return it to me immediately.
b.-.-....-....-....-.-..-.-..-.-....-....-....-.-l
Commander
Attachments:
1. Supporting Documents:
a. AF Form 366, dated 7 April 2005 wlattachment
b. AF Form 3070, dated 17 March 2005 wlattachment
c. LOR, dated 2 March 2005
d. RIC, dated 24 January 2005
e. Airman's Receipt of Notification Memorandum
AF | DRB | CY2006 | FD2006-00136
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Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGW A1C) 1. Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority for Discharge. (Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge) ISSUES ATTACHED TO BRIEF.
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The record indicates the applicant received an Article 15 for willfully disobeying an order, wearing a tongue piercing while on base, and making a false official statement. (The following additional infractions were found on AF Form 418,10 Oct 2000): VERBAL COUNSELING, UNDATED - For missed appointment. For this action you received a Letter of Reprimand (LOR) on 27 Sep 00 (Atch 1b).
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TX 78 150-4742 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 10762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2004-00050 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH...
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The records indicate that the applicant received two Article 15s, two Letters of Reprimand, a Letter of Counseling and four Records of Individual Counseling for misconduct to include failure to obey an order, late for work, failure to properly prepare for career development course test, failure to go, making a false official statement, and financial irresponsibility. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH...
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For his actions, he received an ROIC dated 8 Mar 05; and ..-.-..- -------- -------- g. On 7 Mar 05, Amn! For his actions, he was punished under Article 15, Uniform Code of Military Justice (UCMJ) on 18 Feb 05 consisting of a suspended reduction to the grade of Airman, ten days extra duty, a reprimand, and an Unfavorable Information File (UIF) was established; and i. Amn Morse did, at or near Nellis AFB, NV, on or about 8 Mar 05, without authority, fail to go at the time prescribed to his...