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AF | DRB | CY2007 | FD2007-00025
Original file (FD2007-00025.pdf) Auto-classification: Denied
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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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TYPE  HON 

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1 NAME OF COUNSEL AND OR ORCANlZATlON 

PERSONAL APPEARANCE 

G R A D E  

AMN 
X  I 

1  AFSNISSAN 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

HON 

1 

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VOTE OF THE BOARD 
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0'I.IIF.R 

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IJOTHC: 

GEN 

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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 

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(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 

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

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 



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