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1  NAME; OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I  AFSNISSAN 

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RECORD REVIEW 

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.I AIV  Rb.COKDING OF PERSONA1  AI'I'EARANCE  HE I HRARlNC UA-I & 

CASE NUMBER 

1  I  C)RI)ER APPOINTING THE BOARD 
2  1  APPLICATION FOR KEVIEW OF DISCHARGE 
3  1  LC.I..I'EII OF NOTIFICATION 
BRIEF OF PERSONNFI. kI1.F 
COUNSEL'S REI.EASE TO THE UOAIITIONAL EXHIBITS SUI3MI I  I''D  AT TIME Or 
PERSONAL APPEARANCt 

29 Jun 2007 
APPLICANT'S  ISSUE  4UD MF. BOARD'S 1)ECISIONAL. R kTIONAI. ARE DISCUSSED ON THE ATThCHtD AIK  FORCE DISCHARGE REVIEW BO4RD DECISlOhAL  tWl'lON.41 E 

FD-2007-00036 

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Case heard in Washington, D.C. 

Advise applicant of tlie decision of the Board, the right to a personal appearance with/without  counsel, and the right to submit an 
application to the AFBCMR. 

Narnes and votes will be made available to the applicant at the applicant's request. 
*  Reason and Authority 
+  Reenlistment Code 

RANDOLPH AFB, TX 781 50-4742 

rHE AIR  FORCE YLHSONNEL COUNCIL 
IlARCE REVIEW BOAKU 
)R.  EE WING, 3RD FLOOR 

ANDREWS AFB, MU 201(;2-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD IIECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00036 

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

The applicant was offered a personal appearancc before the Ilischarge Review Board  (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on t11c  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  linds  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: 

Applicant contends that he should not be penalized  indefinitely for a mistake he made when young.  The 
DRB recognized the applicant was 23 years of age when the discharge took place.  I-Iowever, there is no 
evidence he was immature or did not know right from wrong.  The Board reviewed the entirc 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, two Letters of Rcprimand, and two Records of 
Individual Counseling for misconduct.  The applicant received an Article  15 for being absent without 
authority from his place of duty and for making a false official statement.  He was punished with a reduction 
in grade to Airman and 30 days of extra duty.  The applicant had additional misconduct and was 
administratively disciplined for financial irresponsibility, poor work perfbrmance, and dereliction of duty. 
The Board opined the applicant was older than the vast ma-iority of first-tcrm members who properly adhere 
to the Air Force's  standards of conduct.  The DRB coi~cluded that the characterization of the applicant's 
discharge was appropriatc duc to the misconduct. 

If he can provide  additional documented information  to  substantiate an issue, the applicant should consider 
exercising his  right  to  make  a personal  appearance before  the  Board.  If  he  should  choose  to  exercisc his 
right  to  a personal  appearance hearing,  the  applica~~t should  be  prepared  to  provide  the  DRB with  factual 
evidence of the inequity and any exemplary post-service accomplishrnei~ts as well as any contributions to the 
community. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of the  dischargc regulation  and  was  within  thc  discretion  of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of thc foregoing findings, thc Hoard further concludes that there exists no Icgal 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Scott AFB, XL on 30 Jun 
00 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals f o r   Honorable Discharge, to Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Apr 77.  Enlmt Age: 21 4/12.  Disch Age: 23 2/12. Educ: HS DIPL, 

AFQT: N/A.  A-90,  E-63,  G-68,  M-69. PAFSC: 1W031 -  Weather Apprentice. 
DAS: 24 May 99. 

b.  Prior S v :   (1) AFRes 20 Aug 98 -  27 Sep 98  (1 month 8 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Sep 98 for 6 yrs. Svd: 01 Yrs 09 Mo 03 Das, all AMS. 

b -   Grade Status:  Amn -  4 May 00  (Article 15, 4 May 00) 

A1C -  14 Nov 98 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 4 May 00, Scott AFB, IL -  ~rticle 86.  You did, in the 
continental United States, on or about 9 Apr 00, absent 
yourself without authority from your place of duty, the 
l g t h   Air Support Operations Squadron, Fort Campbell, KY, 
where you were required to be and did remain so absent 
until on or about 17 Apr 00 by intentionally leaving 
your place of duty without submitting a leave form. 
Article 86.  You did, in the continental United States, 
on or about 23 Nov 99 absent yourself without authority 
from your place of duty, the l g t h   Air Support Operations 
Squadron, Fort Campbell, KY, where you were required to 
be and did remain so absent until on or about 27 Nov  99, 
by intentionally leaving your place of duty without 
submitting a leave form.  Article 107.  You did, in the 
continental United States, between on or about 9 Apr 00 
and 17 Apr 00, with intent to deceive, make to Lt. Price 
an official statement, to wit: that you had turned in a 
leave form for the period of on or about 9 Apr 00 and 17 
Apr 00, which statement was totally false and was then 
known by you to be totally false.  Reduction to Airman, 
and 30 days extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOR, 15 MAR  00 -  Financial irresponsibility. 
LOR, 15 MAR  00 -  Financial irresponsibility. 

RIC, 21 JAN 00 -  Poor work performance. 
RIC, 12 OCT 99 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFOUA, AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (11) Das 
TAMS:  (01) Yrs  (09) Mos  (03) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jan 07 

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

Discharge) 

Issue 1:  My discharge wa inequitable because it was based on actions of a 

young airman who was letting his life be determined by an outside influence who 
lives with regret each and every day.  I miss the Air Force. 

ATCH 
1. DD 214. 

MEMORANDUM FOR Arnn i .-----------------------------------------, 

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

FROM: 19 ASOCICC 

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 AFI 36-3208, paragraph 5.49.  If my recommendation 
is approved, your service may be characterized as honorable, under honorable conditions 
(general) or under other than honorable conditions.  I am recommending that your service be 
characterized as under honorable conditions (general). , 

2.  My reasons for this action are: 

a.  On or about 12 Oct 99, you were counseled for not following your checklists and making 

excessive errors.  For these offenses, you received a Record of Individual Counseling 
(LOC), dated 12 Oct 99. (Atch 1). 

b.  Between on or about 13 Oct 99 and 21 Jan 00, you were counseled for continued poor 
work performance.  For this offense, you received a Record of Individual Counseling 
(LOC), dated 21 Jan 00. (Atch 2). 

c.  On 3 1 Jan 00, you failed to pay your just debts, and failed to obey an order.  For these 

offenses, you received a Letter of Reprimand (LOR), dated 15 Mar 00. {Atch 3). 

d.  On or about 14 March 00, you failed to pay your just debts, misused funds from the Air 
Force Aid Society, made false statements regarding the state of your financial situation, 
and failed to maintain proper funding in your checking account to cover the checks you 
were writing.  For these offenses, you received a Letter of Reprimand {LOR) dated 
15 Mar 00. (Atch 4) 

e.  On or about 23 Nov 99 and on or about 9 Apr 00, you were AWOL.  Furthermore, 

between on or about 9 Apr and 17 Apr 00, you told Lt Price you submitted a leave form 
covering the above dates, when in fact you had not submitted a leave form.  For these 
offenses, you received Non-judicial Punishment, (Article 15), dated 25 Apr 00. (Atch 5). 

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.  If you are 
hscharged, you will be ineligible for reenlistment in the Air Force. 

4.  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 with the Area Defense Counsel, Bldg 7, on 
t 3 A N  

at  1580  hrs. You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me with in 3 duty days of your receipt of this letter 
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 failure will 
constitute a waiver of your right to do so. 

7.  You must report to the 375th Medical Group, Physical Examinations Section with your 
medical records for a doctor to determine if further action is required. 

8.  The Privacy Act Statement as explained in AFI 36-3208 covers any personal information you 
furnish in rebuttal.  A copy of AFI  36-3208 is available for your use in the squadron orderly 
room. 

9.  You must take the following actions: 

a.  You will report to the Transportation Management Office (TMO), Outbound Assignments, 

to complete a Scott Air Force Base Form 241lPersonal Property Appointment Sheet.  That 
worksheet must be completed and returned to TMO as soon as you receive your separation 
orders. 

b.  You will report before close of business tomorrow (or the next duty day) to Special 

Actions at Military Pay, Bldg P-10, room C201, to make arrangements concerning your military 
pay. 

.......................................................... 
Commander 

Attachments: 
1.  LOC, dated 12 Oct 99 
2.  LOC, dated 21 Jan 00 
3.  LOR, dated 15 Mar 00 wlresponse 
4.  LOR, dated 15 Mar 00 wlresponse 
5.  Article 15, dated 25 Apr 00 wlresponse 
6.  Airman's Acknowledgement