AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

    

 

   
 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE RECORD REVIEW
: EOUNSE NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY

 

X+*

 

X+*

 

Xt

 

X+*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES A92.21 INDEX NUMBER 67.50 - SHIBD BT IRD TO) j
A93.01 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 EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
26 OCT 2010 FD-2009-00123

 

 

     

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.

+ Narrative Reason
* RE Code

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ATR 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

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00123

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 26 Oct 2010.

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 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:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in the Unites States Air Force. He has matured since his discharge and would like to serve out his
remaining commitment and provide for his family. The record indicates the applicant received two Article
15s, two Letters of Reprimand, one Letter of Counseling, four Records of Individual Counseling, and
numerous verbal counseling’s. His misconduct included failure to report (10x), writing bad checks (9x), and
a traffic violation. The Board opined that through these administrative actions, the applicant had ample
opportunities to change his behavior. They 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.

Issue 2. The DRB was pleased to see that the applicant was providing for his family and participating in
volunteer activities. However, no inequity or impropriety in his discharge was suggested or found in the
course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his

term of service.

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
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 eslmated lo average 30 minutes per response, including the time for reviewing instucuons, searching existing data sources, gathering and
maintaining the data needed, and conipleting 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.

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.

RINE CORPS | NAVY Noo ap
¢. GRADEJRANK AT DISC|

£2

BON NAMED IN ITEM 11 (Forward

 

 

 

 

X NUNIBER (Include Area Caae,

 

2. DATE. OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (X one)] 5. BOARD ACTION REQUESTED (X one)
(YYYYMMDO) (if date is more than 15 years HONORABLE P< CHANGE TO HONORABLE

ago, submit a DD Form 149) ‘
| ><| GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERALJUNDER
r HONORABLE CONDITIONS

2,003. Je aff UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not epplleeWe for Air Force)

OR SEPen ie UNCHARACTERIZED ; | CHAR ARRA REE

7X ee dia Neer

6. ISSUES: WHY AN UPGRADE OR osc s nrec boul oo JUSTIFICATION FOR THE le boca (Continue in Item 13. hed to He on

Page 2) bel! Thea ry eee SoD howe medogd in te
hres "y ie ei Th A A sf hate bes hoch he clibeyZ have h ae,

Th dee ta the ens pony ane © 9°08f Usck history = hur, wet beew eh
eh {th ath one ite Die euee Done Plot HONS 2000 foy UOG(ode, dle’

7. (X ifapplicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM 1S SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

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

 

 

 

 

 

 

 

9. TYPE OF REVIEW REQUESTED (Xone)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION ~
SUBMITTED BY ME. | AND/OR (counsel/represent#ive) WILL NOT APPEAR BEFORE THE BOARD.
1 | 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.
TAND/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 a does not have a traveling panel.)
10.a. COUNSEL/REPRESENTATIVE (ffany) NAME (Last, First, Middie Initial) AND ADDRESS
(See Item 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 INCOMPETENCY 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.

 

 

 

CASE NUMBER

12. CERTIFICATION. I make the foregoing statements, as part oft my claim, with full knowledge of the ts notnniteunthis: space)

penalties involved for willfully making a ie statement or claim. (U.S. Code, Title 18, Sections 287

 

b. DATE SIGNED - REQUIRED

(YHOO) F 0 2004- 00, 123

PREVIOUS EDITION !S OBSOLETE. Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

DOCKET # COMPONENT:
FD2009-00123 USAF

 

 

TYPE OF DISCHARGE: [| DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: HONORABLE DISCH, RE
GENERAL DYESS AFB, TX 15 JUL 03 CODE & NARRATIVE REASON

 

DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
270CT82 = 18 20 AMN AC 11 JUN 03 NONE

 

 

AFSC: 2A551K - AEROSPACE MAINTENANCE DEP DT: ASVAB SCORES:
APPRENTICE 16 NOV 00 | A: 67 E: 50 G: 37 M: 44

 

D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 2 LOC: 1/ LOR: 2/ RIC: 4 NONE NONE

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
30 JAN 01-29 SEP 02 DYESS AFB 3 (INITIAL) REFERRAL

G. AWARDS & DECS: AFTR, NDSM

EAD: DAS: H. TMS: TAMS:
30 JAN 01 26 JUL 01 2 YRS, 7 MOS, 28 DAS 2 YRS, 4 MOS, 15 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: YES PA: NO
17 MAR 09 200CTO9/LM

RECORDS : [we x ARMS: STR: X | ISSUES: YES | ATTACHMENTS: YES

 

 

 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.50.1 (A PATTERN OF MISCONDUCT: DISCREDITABLE INVOLVEMENT WITH MILITARY OR CIVIL
AUTHORITIES) . , 3
ART 15; SPMC; GCM; ADDITIONAL:
RIC: 13 AUG 01 - LATE FOR DUTY.
LOC: 23 O0CT Ot - LATE FOR DUTY. “
LOR: 1 FEB 01 - LATE FOR DUTY. on
(1) ART15: 4SEP 02 - (ART 86) FAILED TO TAKE END OF COURSE EXAM.
RIC: 18 FEB 03 - LATE FOR DUTY. ,
RIC: 29MAR0O3- LATE FOR DUTY.

RIC: 24APR03- FAILED TO USE CHILD RESTRAINTS WHILE DRIVING A VEHICLE.
LOR: 22MAY03- FAILED TO PAY A JUST DEBT TO THE DISTRICT ATTORNEY’S OFFICE.
(2) ART 15: 11 JUN 03- (ART 86) FAILED TO GO TO APPOINTED PLACE OF DUTY.

 

| 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 1s estimated to average 30 minutes per response, Including the time for reviewing instructions, searching existing data sources, gathenng 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.
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.
41. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

 

 

 

 

 

“| CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

 

UNDER OTHER THAN HONORABLE CONDITIONS

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

¢ =

6. ISSUES: WHY AN UPGRADE OR CHANGEJS REQUESTE a JUSTIFICATION FOR THE es (Continue in. {tem 13. hed instructions on

Page 2) bel leiye thad my JiSoharges hoy hone; re bocatce L hove weld iw the pe

{ hee » hed fody ‘ & piece dete ifs Z how
wy re. fet Sone wi fe mathe “hue a beew fade Pdioel,

.z veo pth ih x
sdat si Ltt. van

7. (X if applicable) 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 SUBMITTED AS EVIDENCE: (Continue i in Item 14.
If military docurnents or medical records are relevant to your case, please send copies.)

9. TYPE OF REVIEW REQUESTED (X one) a
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION ~
SUBMITTED BY ME. ! AND/OR (counsel/represenf#ve) 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.
1 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 Hoste does not have a traveling panel.)

.a. COUNSEL/REPRESENTATIVE (/fany) NAME (Last, First, Middle initial) AND ADDRESS
(See Item 10 of the instructions about counsel/representative.)

 

 

 

| d. FAX NUMBER (Include 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 ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant,
Indicate the name (prin) and relationship by marking a box below.

WIDOWER | [.N EXT OF KIN | | LEGAL REPRESENTATIVE | OTHER (Specify)
CASE NUMBER

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the var
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD) FE 0 2009-60/23

PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 7TH BOMB WING
DYESS AIR FORCE BASE, TEXAS

 

ZA NUH 03

MEMORANDUM FOR

 

FROM: 7 EMS/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 AFPD 36-32 and AFI 36-3208, Chapter 5, section H, paragraph 5.50.1. If your
discharge is approved, your service will be characterized as honorable.or under honorable
conditions (general). I am recommending that your service be characterized as under honorable

conditions (general).

2. My reasons for this action are:

a. You did, on 8 Aug 01, without authority, report late for duty for the third consecutive day.
For this misconduct you were counseled, as evidenced by AF Form 174, dated 13 Aug 01.

b. You did, on 21 Oct 01, without authority, report 50 minutes late for duty, and you did, on
23 Oct 01, report 5 minutes late for duty. For this misconduct you were counseled, as

evidenced by LOC, dated 23 Oct 01.

c. You did, on 29 Jan 02, without authority, report 55 minutes late for duty, for which you
were reprimanded, as evidenced by LOR, dated 1 Feb 01.

d. You did, on 11 Jul 02, without authority, report approximately 4 hours late for duty, for
which you received Article 15 punishment, as evidenced by AF Form 3070, dated 4 Sep 02.

e. You did, on or about:28 Feb 03, without authority, report 55 minutes late for duty, for
which you were counseled, as evidenced by AF Form 174, dated 18 Feb 03.

f. You did, on 29 Mar 03, without authority, report approximately | hour late for duty, for
which you were counseled, as evidenced by AF Form 174, dated 29 Mar 03.

g. You did, on 24 Apr 03, fail to use child restraints in a vehicle you were driving, for which
you were verbally counseled, as evidence by Armed Forces Traffic Ticket D370755, dated

24 Apr 03.
h. He did, on or about 14 May 03, dishonorably fail to pay a just debt to the District
Attorney’s office in that he failed to pay for 9 outstanding checks after he had been
contacted by the local District Attorney and given the opportunity to take care of the checks
before a warrant was issued. For this misconduct you were reprimanded, as evidenced by

LOR, dated 22 May 03.

i. He did, on 19 May 03, without authority, report late for duty, for which he received
Article 15 punishment, as evidenced by AF Form 3070, dated 11 Jun 03.

4. MEMBER'S RESPONSE: ane is right to consult and he waived his right

to submit statements regarding t action.

5. ERRORS OR IRREGULARITIES: None.

6. CHARACTERIZATION OF DISCHARGE: Under AFI 36-3208, Table 1.3, this
member may be separated with an under other than honorable conditions discharge.
ae: be entitled to have his case heard by an administrative board if such a
characterization was recommended. After revieyg evant facts and circumstances,
- the squadron commander has recommended iil cc an under honorable
conditions (general) discharge.. A general discharge is appropriate when significant negative
irman's conduct or performance outweigh the positive military record.
a: reflects a consistent and sustained pattern of misconduct that outweighs

the positive aspects of his record. A general discharge is appropriate in this case. _

7. PROBATION AND REHABILITATION: According to AFI 36-3208, Chapter 7,
probation and rehabilitation should be offered to airmen who have demonstrated a potential to
serve satisfactorily; who have the capacity to be rehabilitated for continued military service;
and for those whose retention on active duty in a probationary status is consistent with the
maintenance d discipline in the Air Force. The squadron commander has tried
to cha him the opportunity to overcome his deficiencies as
required by A - , paragraph 5.2. Specifically, the commander used the following
rehabilitative tools: Four Letters of Counseling; two Letters of Reprimand; Article 15
punishment (30 days correction t uspended reduction in rank); and Article 15
punishment (reduction in ot) lll misconduct and failure to respond to
the various corrective efforts already taken, including correctional custody, have demonstrated

neither a potential to serve satisfactorily nor a capacity to be rehabilitated. Retention of this
member would be inconsistent with the maintenance of good order and discipline in the Air

Force.

 
  

8. OPTIONS OF THE SEPARATION AUTHORITY: Your options in this case are: _

a. Retain the member in the Air Force.
ud

b. Discharge the member with a general discharge, with or without probation and
rehabilitation.

c. Recommend to 12 AF/CC that the airman be separated with an honorable discharge with
or without probation and rehabilitation if you believe an honorable discharge is appropriate.

d. Direct this action be initiated under administrative board proceedings if you believe onl
an under other than honorable conditions discharge can properly characteriza
service.

9. RECOMMENDATION: I recommend that you separate with a general
discharge, without the opportunity for probation and rehabilitatron.

   
 

  

Attachments:
Case File
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 7TH BOMB WING
DYESS AIR FORCE BASE TX

 

3 fh ?>

MEMORANDUM FOR 7 BW/CC

FROM: 7 BW/JA
SUBJECT: Administrative Discharge -

1. [have reviewed the attached file pertaining tof nd find it legally sufficient to
support his discharge under AFI 36-3208, paragraph 5.50.1, A Pattern of Misconduct -

Discreditable Involvement With Military or Civil Authorities.

2. PERSONAL DATA: [Rs 20 years old, married to an enlisted member, and has
no children. He is currently assigned to the 7th Equipment Squadron as an Aerospace

Maintenance Apprentice (2A531E). His TAFMSD is 30 Jan 01 and he began his 6-year
enlistment on 30 Jan 01. He has no duty performance ratings at this time due to his short time

in the Air Force.
3. BASIS FOR ACTION:

o Ric, on 8 Aug 01, without authority, report late for duty for the third
consecutive day. For this misconduct he was counseled, as evidenced by AF Form 174,

dated 13 Aug 01,

b. He did, on 21 Oct 01, without authority, report 50 minutes late for duty, and he did, on
23 Oct 01, report 5 minutes late for duty. For this misconduct he was counseled, as

evidenced by LOC, dated 23 Oct 01.

c. He did, on 29 Jan 02, without authority, report 55 minutes late for duty, for which he
-was reprimanded, as evidenced by LOR, dated 1 Feb 01.

d. He did, on 11 Jul 02, without authority, report approximately 4 hours late for duty, for
which he received Article 15 punishment, as evidenced by AF Form 3070, dated 4 Sep 02.

_¢. He did, on or about 28 Feb 03, without authority, report 55 minutes late for duty, for
_ which he was counseled, as evidenced by AF Form 174, dated 18 Feb 03.

“f. He did, on 29 Mar 03, without authority, report approximately 1 hour late for duty, for
‘which he was counseled, as evidenced by AF Form 174, dated 29 Mar 03.

.@. He did, on 24 Apr 03, fail to use child restraints in a vehicle he was driving, for which
he was verbally counseled, as evidence by Armed Forces Traffic Ticket D370755, dated

24 Apr 03.
h. You did, on or about 14 May 03, dishonorably fail to pay a just debt to the District
Attorney’s office in that you fail to pay for 9 outstanding checks as it was your duty to do.
You were given the opportunity to pay the checks before a warrant was issued but you failed
to do so. For this misconduct you were reprimanded, as evidenced by LOR, dated

22 May 03.

i. You did, on 19 May 03, without authority, report late for duty, for which you received
Article 15 punishment, as evidenced by AF Form 3070, dated 11 Jun 03.

3. Copies of the documents to support this recommendation are attached and will be forwarded
to the separation authority. The commander exercising special court-martial 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 will 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 been obtained to assist
you. I have made an appointment for you to consult the Area Defense Counsel, 397 3rd St,

Bldg 7235, Dyess AFB, TX, DSN 461-2344 on 26Jun 03 at 1530 hours. You may consult
civilian counsel at your own expense. 245 1330 Ts

5. You have the nght to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by 0800 hours on 4 sul 03, unless you request

and receive an extension for good cause shown. I will send them tobe separation authority.
S

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 to 7th Medical
Group Hospital, 697 Hospital Rd, Dyess AFB, TX, on 30 Jun 03 at 0915 hours. You will need

to report 15 minutes early for this appointment.

8. 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 in the unit orderly room.
9. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:

1. Supporting Documents

2. Receipt of Notification Memorandum

3. AF Form 174, dated 13 Aug 01

4. LOC, dated 23 Oct 01

5. LOR, dated 1 Feb 02

6. AF Form 3070, dated 4 Sep 02, w/Presentation

7. Sworn Statements fro

7. AF Form 174, dated 18 Feb 03

8. AF Form 174, dated 29 Mar 03

9. Armed Forces Traffic Ticket D370755,

dated 24 Apr 03

10. LOR, dated 22 May 03- -

11. AF Form 3070, dated 11 Jun 03, w/Presentation

12. Sworn Statements fon iii