NAME 01 SERVICE MEMBER (LAST, FIHSr MIDDLE INITIAI.) 

GRADE 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

PERSONAL APPEARANCE 

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NAME 0, COUNSEL AND OR ORGANIZATION 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  APPI.TCA1'ION FOR KEVIEW OF LIISCHARGE 

1  I  ORDER APPOINTING THE BOARD 
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3  1 
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I.F,I'I.ER  OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADI)II'IONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL API'EAKANCF, 

HEARING DATE 

CASE NUMBER 

'I'APE RECORDING OF PERSONAL APPEARANCE HE 

03 May 2007 
APPl.ICANT  S ISSUE AND 11-IE'BOARD'S DECISIONAJ,  RATIONAL ARE DISCUSSED Oh 7HE ATTACHED AIR FORCC DISCHAROE REVIEW B O W  DWI$IONAL R4TIONALE 

FD-2007-00026 

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1 

Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwitllout 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. 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

INDORSEMENT 

FROII 

DATE:  N1R007 

SECRETARY OF TllE AIR FORCE PFRSONWI. COII%CII, 
AIR FORCE DISCHARGI: KEVlEW BOARD 
1535 COIlMANI) DR. Et. HING. 3RD FLOOR 
ANDREWS AFB, MD 20762-IWZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00026 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason for 
discharge, and to change the reenlistment code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRR) but declincd 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 for discharge, and change of reenlistment code are 
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: 

Issue 1.  The applicant has expressed a desire for upgrade of his discharge to allow for reenlistment into the 
armed forces.  The records indicated the applicant received two Article 15s, two Letters of Reprimand, and 
two Letters of Counseling for misconduct.  The applicant received his first Article  15 for failure lo pay a 
debt to Lake Hill Motors.  He was disciplined with a suspended forfeiture of pay for two months and 
restriction to the limits of Little Rock AFB for seven days.  His second Article  15 was for failure to go to his 
appointed place of duty, failure to maintain cleanliness standards in his dormitory room, and for possession 
of alcohol in his dormitory room while under the age of 2 1.  He was punished with a reduction in grade to 
Airman Basic (reduction below Airman was suspended).  The applicant had additional misconduct and was 
administratively disciplined for a failed dorm room inspection, having alcohol in his dorm room while under 
the age of 21, dereliction of duty, being disrespectful towards an IVCO, and failure to go.  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. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
August 20,2002) that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Little Rock AFB, AR on 
14 Jul 04 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Discharge, to 
Change RE Code and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Jan 84.  Enlmt Age: 17 11/12. Disch Age: 20 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-48,  E-52,  G-44,  M-70. PAFSC: 3POSL -  Security Forces Journeyman. 
DAS: 3 Jan 03. 

3.  SERVICE UNDER REVIEW: 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB, MD 

(Former AMN) 

(HGH  A 1 C )  

b,  Grade Status:  Amn -  17 Jun 04 (Article 15 -  17 Jun 04) 

A1C -  06 Dec 03 
A m  -  06 Feb 03 

c.  Time Lost:  None. 

a.  Enlisted as AB 6 Aug 02 for 4 years. Svd: 01 Yrs 11 Mo 09 Das, all AMS. 

d.  Art 15's:  (1) 1 7   Jun 04, Little Rock AFB, AR  -  ARticle 86.  You, did, 
on or about 19 May 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit:  building 1090 at 1.500 hours.  Article 92.  You, 
who knew of your duties, on or about 25 May 04, were 
derelict in the performance of those duties in that you 
willfully failed to maintain the cleanliness and 
neatness standards in your dormitory room 105 of 
building 714, as it was your duty to do.  Article 92. 
You, who knew of your duties, on or about 25 May 04, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from possessing alcohol 
in your dormitory room while under the age of twenty-one 
(211, as it was your 'duty to do.  Reduction to AB, with 
reduction below A m  suspended.  (No appeal) 
(No mitigation) 

b.  Prior Sv: (1) AFRes 31 Dec 01 +-  5 Aug 02  (7 months 4 days) (Inactive) . 

being indebted to Lake Hill Motors in the sum of $444.96 
for a Honda four-wheeler, which amount became due and 
payable on or about 15 Oct 03, did, from 15 O c t   03 to 22 
Oct 03, dishonorably fail to pay said debt.  Suspended 

( 2 )   18 Nov 03, Little Rock AFB, AR  -  Article 134.  You, 

forfeiture of  $645.00 pay per month for 2 months. 
Restrictions to the limits of Little Rock AFB AR  for 7 
days.  (No appeal)  (No mitigation) 

e.  Additional: LOC, 10 SEP 03 -  Failed dorm room inspection. 

LOR, 09 AUG 03 -  Having alcohol in dorm room while 

underage. 

LOR, 25 MAY 03 -  Dereliction of duty and being 
disrespectful towards an NCO. 

LOC, 08 MAY 03 -  Failure to go. 
(EXMAINERS NOTE:  DOCUMENTS MISSING FROM FILE.  INFORMATION 
TAKEN FROM LETTER *OF NOTIFICATION.) 

f.  CM:  None. 

g.  Record of SV: 06 Aug 02 -  06 Apr 04  Little Rock AFB  3  (Initial) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (06) Mos  (14) Das 
TAMS: (01) Yrs  (11) Mos  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Jan 07. 

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

Discharge. ) 

Issue 1:  I wish to change my re-entry code so I can serve my country more 

better or at least get my education benefits back. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

314 SECLlRlN FORCES SQUADRON 
LITTLE ROCK AFB, ARKANSAS 72099 

JUN  2 2  2004 

FROM:  3 14 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 4 May 2003, you failed to go to your appointed place of duty.  For your actions, 

you received a letter of counseling (LOC), dated 8 May 2003. 

b.  On or about 25 March 2003, you were seen outside your area of responsibility as a sentinel 

by a non-commissioned officer (NCO).  Furthermore, you were disrespectful to an NCO when 
questioned about being outside your area.  For your actions, you received a letter of reprimand 
(LOR), dated 25 May 2003, 

c.  On or about 8 August 2003, you had alcohol in your dormitory room while under the age of 

2 1.  For your actions, you received an LOR,  dated 9 August 2003. 

d.  On or about 8 September 2003, your dorm room failed to meet the inspection standards.  For 

your actions, you received an LOC, dated 10 September 2003. 

e.  Between on or about 15 October 2003 and on or about 22 October 2003, you failed to pay a 
debt in the sum of $444.96 for a Honda four-wheeler.  For your actions, you received noqjudicial 
punishment under Article 15 of the UCMJ. 

f.  On or about 19 May 2004, you failed to go at the time prescribed to your appointed place of 
duty.  On or about 25 May 2004, your dorm room failed to meet inspection standards.  Moreover, 
on or about 25 May 2004, you had alcohol in your dormitory room while under the age of 2 1.  For 
your actions, you received nonjudicial punishment under Article 15 of the UCMJ. 

3.  You have the right to consult counsel.  Military legal - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
have made an appointment for you to consult Captairi ............................ 
Blvd, on 22 June 2004, at 1500 hours.  You may consult civilian counsel at your own expense. 

counsel has been obtained to assist you.  I 

jat  1255 Vandenberg 

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  35 7 u n OLl 
unless you request h d  
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 are scheduled for the following appointments. You must first report to the Military 
Personnel Flight, Separations Section, located at 1255 Vandenberg Blvd, Room 100 on 23 June 
2004 at 0700 hours.  You must then report to the Medical Clinic, located at 1090 Arnold Dr at 
0900 hours on 23 June 2004 for your examination.  You must fast 14 hours prior to the 
examination and may drink only water during that time.  You must not smoke 14 hours prior, nor 
may you consume alcohol 72 hours prior to your examination.  If you wear glasses, bring them 
with you.  If you wear contact lenses, bring a container to store them in during your eye 
examination. 

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 at the orderly room. 

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

L.-..-.-..-....-...----------------------------------. 

Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum wRecoupment Statement