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Decision Text

AF | DRB | CY2010 | FD-2009-00040_Redacted
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 
     

PERSONAL APPEARANCE X i RECORD REVIEW

<4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

TYPE GEN

 

   

 

 

 

 

HON GEN UVOTHC OTHER DENY

 

 

 

 

x+*

 

XH

 

 

 

 

 

 
   

ISSUES INDEX NUMBER
A94,11

A92.21

A64.00 ie
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

 

wt _

 

>»

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD :

[ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

HEARING DATE CASE NUMBER

16 Sep 2010 FD-2009-00040

 

 

 

   

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

+ RE Code
* Reason and Authority for Discharge

 

‘ONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

OLR avaanan

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00040

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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.

ISSUES:

Issue 1. Applicant contends the pattern of misconduct at the time was what the commander “believed to be
DWI.” However, applicant notes he has not been convicted by the state of Texas for DWI. Applicant was
discharged for a pattern of misconduct; discreditable involvement with military or civil authorities. The
record reflects that applicant had three Letters of Reprimand, one Record of Individual Counseling, one
Memo for record, an Article 15, and a vacation of suspended punishment under Article 15. His disciplinary
infractions included disrespect to his superiors, causing a major vehicle accident while driving drunk off
base and becoming belligerent with the police officer on scene, signing off a “red X” aircraft discrepancy

without visually assuring the condition had been corrected, failing to follow technical data, and driving
drunk a second time. The Board felt that through these various disciplinary actions, applicant had ample
opportunity to change his behavior over a 3.5 year period, but failed to do so. The Board could find no
evidence that the commander acted capriciously or stepped outside the bounds of his authority. The board
concluded the discharge was appropriate for the basis on which it was issued, and that the characterization of
service accurately described applicant’s period of military service.

Issue 2. Applicant believes he deserves a second chance despite his discrepancies so that he may serve his
country working for a Department of Defense Contractor overseas. The Board was sympathetic to
applicant’s aspirations, but found the seriousness of the willful misconduct offset any positive aspects of the
applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety
or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMB No. 0704-0004

APPLICATION FOR THE REVIEW OF DISCHARGE
OMB approval expires

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

@ publi reporting ig collection of Information Is estimated to average 30 mmutes per response, including the time for reviewing msuuctions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
‘| suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

  
 
   

    
 

 
  
   

    

   

   
      
 
  

 
 
 
   

AUTHORITY: 10 U.S.C. 1553; E.O, 9397, a
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None. .
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social

Security Number is strictly to assure proper identification of the individual and appropriate records,
4, APPLICANT DATA (The person whose discharge Is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
a, BRANCH OF SERVICE (X one AIR FORCE

    
   

  
   
   
   

COAST GUARD

2. DATE OF DISCHARGE OR SEPARATION
(YYYYMMDD) (if date is more than 15 years

ago, submit a DD Form 149)

GENERAL/UNDER HONORABLE CONDITIONS
ROG TVA

UNDER OTHER THAN HONORABLE CONDITIONS

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only)
OR SEPARATION UNCHARACTERIZED

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)
NARR A V be r ON tit
SIT AMXS

Dyess AES, TX QF Ca de.

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
Page3.) J AM REGUESTING HE NARRATIVE ZERSON Foe. SEPA aTION. A

AND RE-ENTAN CodE -ro BE LPGRADED, tuG RE-ENTRY codE OF 2B DOES NOT

ALLOW ME To ENTER INTO CONTRACT WITR AN COMPANY “Tet CONTRACTS JOBS OVERSEAS

FoR THE MIUVTARY, TAM REQUESTING THAT Tas Code BE UPGRADED “TO ALLDW ME To BE

7. XX ifapplicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTEB-AS EVIDENCE: (Continue in Item 14.
if military documents or medical records are relevant to your case, please send copies.)

   

 

    
  

      
  
  
 

HONORABLE

      
 
 

 

  

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

  

    
 
  
    
  

  
  
   
 

 
  

 

  
 

 

 
 
  

  
    

 

9. TYPE OF REVIEW REQUESTED (x one) .

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

TAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C, METROPOLITAN AREA,

TANDIOR (counsei/representative) WISH TO APPEAR AT A HEARING At NO EXPENSE TO THE GOVERNMENT GEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSELJREPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS
(See fie 10 of the instructions about counsel/representative.)

 

 

 

 

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF

-OF DEATH OR INCOMPETENGCY MUST ACCOMPANY THE APPLICATION, If the application is signed by other than the applicant,
{Indicate the name (print) and relationship by marking a box below.

 

12. CERTIFICATION. i make the foregoing statements, as part of my claim, with full knowledge of the g ane a aac
or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)

itle or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

 

Page 1 of 4 Pages
pile EGITION IS GPeerene. Fonméloufaasbe Designer? 6
13. CONTINUATION OF ITEM 6, ISSUES (/f applicable) :
EMPLOYED with CAVILIAN COMPANIES. IT WAS GIVEN “THE RE-ENT@Y CODE of 2B

FoR A PATTERN CF MISCONDUCT, “THE PATTERN of MISCONDUCT WAS WHAT THE
COAMENDER AT THE TIME BELIEVED TO BE DWE. T BRAVE NEVER BEEN convicted

OF DWI BY THE STATE OF TEXAS AND IT HAS BEEN OVER ONG YEAR since whe
INCADENT, © ONLY WANT “To GAIN EMPLOYMENT with A PRIVATE CONTRACTOR. .

x PO NGT WEY To ENTER THe MAUTARY |

 
    
   
    
       
 

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable)

   

15. REMARKS (If applicable)

    

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

  
  

 

  

ARMY NAVY AND MARINE CORPS

     
     

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.

9700 Page Avenue Room 309 (NDRB)

St. Louis. MO 63132-5200 Washington Navy Yard, DC 20374-5023

 
 

 
 
 

(See http://arba.army.pentagon.mil)

 

   
   

AIR FORCE COAST GUARD

   

Air Force Review Boards Agency U.S. Coast Guard

 
      
 

SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB. TX 78150-4742 WasFington, DC 20593

  
  
 

 

 

DD FORM 293, NOV 2006 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

DOCKET # COMPONENT:
FD2009-00040 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: a ATE: APPEALS FOR:
GENERAL DYESS AFB, TX 19 NOV 07 HON DISCH, RE CODE AND NARRATIVE
REASON :

 

| ;
DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST
1APR84 17 10/12 23 72 SRA SSGT 1 JUN 06 NONE

 

AFSC: 2A571 —- AEROSPACE MAINT CRAFTSMAN | DEP DT: ASVAB SCORES:
10 SEP 01 A: 49 E: 60 .G:38 M: 55

=
D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC) _
ART 15: 1/ VAC: 4 LOR: 3/ RIC: 1/, MFR: 1 NONE NONE

aol
F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT):

12 OCT 02 -12 OCT 03 DYESS AFB 5 (INITIAL) 13 OCT 03 -12 OCT 04 DYESS AFB 5 (ANNUAL)
13 OCT 04 -12 OCT 05 DYESS AFB 5 (ANNUAL) 13 OCT 05 -12 OCT 06 DYESS AFB 5 (ANNUAL)
G. AWARDS & DECS: AFOUA w/30LC, AFGCM, NDSM, ACM, GWOTEM, GWOTSM, AFESM wiGB, AFLS, USAFNCOPMEGR,
AFTR
EAD: DAS: H. TMS: TAMS:
12 FEB 02 24 AUG 02 6 YRS, 2 MOS, 9 DAS 5 YRS, 9 MOS, 8 DAS

 

 

 

 

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: YES
17 FEB 09 27 JUL O9/JLL

 

 

 

RECORDS: | MPR: ARMS: X | STR: X | ISSUES: YES ATTACHMENTS: NO

 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.50.1 (A PATTERN OF MISCONDUCT: DISCREDITABLE INVOLVEMENT WITH MILITARY OR CIVIL
AUTHORITIES)
ART 15; SPMC; GCM; ADDITIONAL:
RIC: 6 FEB 04 - FAILED TO REMOVE TRASH FROM AN AIRCRAFT.
LOR: 13SEP 04 - WAS DISRESPECTFUL TO AN NCO & SNCO.
LOR: 1NOV06 -CREATED A MAJOR VEHICLE ACCIDENT BY DRIVING WHILE DRUNK, BECAME LOUD &
BELLIGERENT TO THE POLICE OFFICER.
LOR: 12JUL 07 - SIGNED OFF ON AJOB CONTROL NUMBR FOR ARED “X” DISCREPANCY WITHOUT VISUALLY
IDENTIFYING THE CONDITION WAS CORRECTED.
(1) ART 15: 5 OCT 07 - (ART 92) FAILED TO RETRIEVE A LEAVE AUTHORATION NUMBER.
MFR: 13 SEP 07 - FAILED TO PAY AJUST DEBT, FAILED TO FOLLOW TECHNICIAL DATA BECAME ARGUMENTATIVE
& FAILED TO TONE DOWN HAIR COLOR.
(2) VAG: 26 OCT 07 - (ART 92) DROVE A VEHICLE WHILE DRUNK.

 

 

 

EXAMINER’S NOTE:

 

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

‘ public reporting burden tor this collection of information Is estimated to average JO minutes per response, including the time for reviewing instructions, searching existing data sources, gathering an
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
"} suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for falling to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION, RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U:S.C, 1553; E.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.
ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social
Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed), PLEASE PRINT OR TYPE INFORMATION.

 

E CORPS NAVY AIR FORCE COAST GUARD
c. GRADE/RANK AT DISCHARGE

NAMED IN ITEM 11 (Forward

RGE CHARACTERIZATION RECEIVED (X one}| 5. BOARD ACTION REQUESTED (x one)

 

 

 

 

 

 

( YYYYMMDD) (if date is more than 15 years HONORABLE ‘| CHANGE TO HONORABLE
ago, submit a DD Form 149) ~ — -
>< | GENERAL/UNDER HONORABLE CONDITIONS ¢ S| CHANGE TO GENERAL/UNDER
LZOoOT Vv" HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE | BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
OR SEPARATION UNGHARACTERIZ .
311 AMKXS ee a ED XX | SEPARATION:
DYESS AES, TH de.

 

6. ISSUES: WHY: AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on
Page 3) J AMA REGUESTING THE NARRATIVE REASON FoR. SEPARATION —Oo—Be- Come D-TO
AND RE-ENTAN Code ro BE UPGRADED. tne RE-ENTRY codE OF 28 d0ES NOT
ALLOW ME TO en TER INTO CONTRACT WITR ANY COMPANY “Taker CONTRACTS 3065 OVERSEAS
Foe. THE MILITARY, TAM REQUESTING “THAT Tae code BSE UPGZARED To ALLOW ME To BE

7. (X ifapplicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTEB-AS EVIDENCE: (Continue in Item 14.
if military documents or medical records are relevant to your case, please send copies.)

9. TYPE OF REVIEW REQUESTED (x one} ;
ay | CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
x SUBMITTED BY ME. I AND/OR (counsei/fepresentative) WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

 

 

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS . ncuae Area Lode,
(See tern 10 of the instructions about counsel/representative.)
c. E-MAIL

 

 

 

 

(nclide Area Code)

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. if the record in question is that of a deceased or incompetent person, LEGAL PROOF

-OF DEATH OR INCOMPETENCY MUST ACGOMPANY THE APPLICATION. If the application is signed by other than the applicant,
indicate the name (print) and relationship by marking a box below.

SPOUSE WIDOW WIDOWER NEXT OF KIN LEGAL REPRESENTATIVE OTHER (Specify)

 

 

 

CASE NUMBER

.C FICATION. | i im, with th
12. CERTI make the foregoing statements, as part of my claim, with full knowledge of the (Do not write in this space.)

penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this.title or imprisoned not more than 5 years, or both.)

a. SIGNAT! b. DATE SIGNED - REQUIRED
(YYYYMMDD)

e Y

00g OC 14 fF Ol 4
. Page 1 of 4 Pages

DD FO IOUS EBIICN tS OESOLETE paragioe tanh Deseret ae
13. CONTINUATION OF ITEM 6, ISSUES (if applicable) ‘ /
EMPLOYED WITH CAVILIAN COMPANIES. IT WAS GIVEN “THE RE-ENTRY CODE OF ZB

FoR A PATTERN OF MISCONDUCT, “THE PATTERN OF MISCeNDUCT WAS WitAT THE
COMMANDER AT THE TIME BELIEVED TO BE DWE. T HAVE NEVER BEEN convicred

Oe DWI BY TWh STATE OF TEXAS AND IT US BEEN OVER ONE YEAR SINCE eee
NEADENT, © onLY WANT "to GAIN EMPLOYMENT WITH A PRIVATE CONTRACTOR. .
t 0 N

X% PO NOT WW “TO ENTER THe MILITARY.

 
 
      
 
     
 

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable}

     

15. REMARKS (if applicable)

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

  
  

 

   
 

ARMY NAVY AND MARINE CORPS

     
 
 
  

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.

9700 Page Avenue Room 309 (NDRB)

St. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023

     
   
  

(See http://arba.army.pentagon.mil)

 

 

COAST GUARD

  

AiR FORCE

  
   

Air Force Review Boards Agency U.S. Coast Guard

        
 

SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB. TX 78150-4742 Washington, DC 20593

    
  

 

 

DD FORM 293, NOV 2006 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE

317™ AIRCRAFT MAINTENANCE SQUDRON (AMC)
DYESS AIR FORCE BASE, TEXAS

 

MEMORANDUM FOR

 

FROM: 317 AMXS/CC

SUBJECT: Notification Memorandum

 

1. Iam recommending your discharge from the United States Air Force for A Pattern of
Misconduct - Discreditable Involvement With Military or Civil Authorities. The authority
for this action is AFI 36-3208, paragraph 5.50.1. Ifmy recommendation is approved, your
service will be characterized as Honorable or General. I am recommending that your

service be characterized as General (Under Honorable Conditions).
é |

2. My reasons for this action are:

’ Feb 04, fail to obey a lawful order given to you i
old you to remove the trash from aircraft 74-1667

   

ion, an order you failed to obey. For this misconduct you were
counseled, as evidenced by AF Form 174, dated 6 Feb 04.
. i

i Air Base, Afghanistan, disrespectful to
or which you were reprimanded, as evidenced

c. You did, on 15 Oct 06, drive a vehicle while drunk which resulted in a major vehicle
accident. When Officer Shawn Montgomery, Abilene Police Department, arrived at the
scene, you were loud and belligerent. This can be evidenced by Incident Report
Summary, dated 15 Oct 06, Case Number 12006100048. For this misconduct you were
reprimanded, as evidenced by LOR, dated1 Nov 06.

d. You were, on 21 Jul 07, derelict in the performance of your duties in that you did
sign off on Job Control Number 1712663 on aircraft 74001666, a Red ““X” discrepancy,
without visually identifying the condition was corrected. For this misconduct you were
reprimanded and an Unfavorable Information File was established, as evidenced by
LOR, dated 12 Jul 07, and AF IMT 1058, dated 8 Nov 06.
e. You did, from 17 Aug 07 to 22 Aug 07, fail to retrieve a leave authorization number
before departing the local area as it was your duty to do, for which you received Article
15 punishment, as evidenced by AF Form 3070A, dated 4 Oct 07.

f. You did, on 23 Aug 07, fail to pay a just debt to your Government Charge Card
account. You were, on 23 Aug 07, derelict in the performance of your duties in that you
failed to follow technical data by working during hours of darkness without property
safety equipment. When the Quality Assurance Inspectors made the find you because
argumentative. You did, on 23 Aug 07, report for duty with your hair dyed a “bleachy-

am id, on 12 Sep 07, fail to obey a lawful order given to you by
that you failed to tone down his hair color as it was your duty to
a can be evidenced by MFR, dated 13 Sep 07.

g. You did, on 26 Oct 07, drive a vehicle while drunk, for which your suspended
reduction in rank was vacated, as evidenced by AF Form 366, dated 5 Nov 07.

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 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 will be
ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained tg assist
you. I have made an appointment for you to consult the Area Defense Counsel on J Nov 07

at 1400 hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own sehalf. Any statements you want
the separation authority to consider must reach me by 14 Nov 07, at 0800 hours, 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 have been scheduled for a medical examination on 14 Nov 07 at 1500 hours, at the
7th Medical Group. You must report 15 minutes early.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act
Statement as explained in AFI 36-3208. A copy of AFI 36-3208 is available for your use in
the orderly room.
9. Execute the attached acknowledgment and return it to me immediately.

Attachments:

 

1. Airman's Receipt of
Letter of Notification
2. AF Form 174, dated 6 Feb 04
3. LOR, dated 13 Sep 04
4. LOR, dated 1 Nov 06
5. Incident Report Summary, Case 12006100048

Dated 15 Oct 06

6. LOR, dated 12 Jul 07 w/Response

7. AF IMT 1058, dated 8 Nov 06

8. AF Form 3070A, dated 4 Oct 07 w/Response

9. MFR, dated 13 Sep 07

10. MFR, dated 10 Sep 07

11. MFR, dated 12 Sep 07

12. AF Form 366, dated 5 Nov 07 w/Response

13. Abilene Police Department Arrest Report, Case 07-020755
14. Abilene Police Department Incident/Investigation Report

Case #07-020755

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  • AF | DRB | CY2011 | FD-2009-00687

    Original file (FD-2009-00687.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW a B NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN voTHc | OTHER DENY X+ X+ X+ X+ X+ ISSUES A94,53 INDEX NUMBER A67.05 1 |ORDER APPOINTING THE BOARD 2 {APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...

  • AF | DRB | CY2011 | FD-2009-00701

    Original file (FD-2009-00701.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION TYPE GEN ——_—_—_-—|— x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL AL: Case heard in Washington, D.C. application to the AFBCMR. MEMBER SITTING x {__ Xx x ISSUES A93.07 INDEX NUMBER A67.50 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...

  • AF | DRB | CY2011 | FD-2009-00096_Redacted

    X ~ Reason and Authority and Reenlistment Code enn ORSEMENT DATE: 2010 70: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 MEMRER SITTING HON GEN UOTHC OTHER DENY Xx Xx X Xx x ISSUES A94.05 INDEX NUMBER A67.10 : - 1 JORDER APPOINTING THE BOARD 2 {APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...

  • AF | DRB | CY2010 | FD-2009-00185

    Original file (FD-2009-00185.pdf) Auto-classification: Denied

    The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record. CONCLUSION: 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 the applicant was provided full administrative due process. APPLICANT DATA (The person...

  • AF | DRB | CY2011 | FD-2009-00088_Redacted

    The record indicates that the applicant was discharged for Misconduct—Drug Abuse. J am recommending your discharge from the United States Air Force for drug abuse. For the reasons set forth above, I recommend the Respondent be discharged from the United States Air Force for drug abuse under the provisions of AFI 36-3208, paragraph 5.54, with a General discharge.

  • AF | DRB | CY2011 | FD-2009-00415

    Original file (FD-2009-00415.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW “ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES xX MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x x > ISSUES A92.15 INDEX NUMBER A67.90 eee ee SL ES BUN 494.05 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 {BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO...