AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

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'	'	AlC	''................'
TYPF, GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAM!> m' COUNSt:I, ANO OK ORGANIZATION	AOllR;ss AND OK ORGANIZATION OF COUNSEL YES	No
x

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VOTE Of? THE BOARD

MEMBER    SITTING	r -

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llON	GEN	UOTHC	OTHER	DENY
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x x x
x
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ISSUES	A92.01	INDEX NUMBER	A67. 10	EXltIJ!tl,'tS SlJBMlTiifJ> TO THE BOARD
A93.07	1	ORDER APPOINTING THE BOARD
A94.05	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING  DATE	CASE NUMBICR

14 Sep 2006	FD-2005-00442
APPLICANT'S ISSUBAND IBE BOARD'S DECISIONAL RATIONALAllBDISCUSSi!DON,tHE AtTACHED AIR FORCE DISCHARGE REVIEW !IOARDDllCJ$JON;AL RATIONALE

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 appl ication to the A FBCMR

Names and votes will be made available to the appl icant at the appl icant's request.

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INDORSEMENT	DATE:  9/1812006
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD l0761-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00442	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

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 is 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. Although not explicitly stated, the applicant suggested that his discharge was inequitable because it was too harsh based upon his family problems.  He stated that his wife had committed suicide and he had difficulty putting his job ahead of his family. The records indicated the applicant received an Article  15, five Letters of Reprimand, and a Record of Individual Counseling for misconduct.  The applicant was disciplined with five Letters of Reprimand for making false official statements on two separate occasions, failure to go on three occasions, failure to perform duties and engaging in indecent acts or liberties with a child.  The applicant had further misconduct and the basis for his discharge when he received an Article 15 for disobeying a no contact order.  He was punished with a reduction in grade to airman with the reduction
below airman first class suspended.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the 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 contends that he was an "ideal" airman and states that his discharge did not take into account the good things he did while in the service.  The DR B took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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 forther 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	

FD2005-00442

DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
-------------------------------------- ·'	(Former AlC) (HGH SRA)
-------------------------------------- ·
1.	MATTER UNDER REVIEW:	Appl rec'd a GEN Disch fr USAF Mountain Home AFB, ID on
7 May 04 UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable Disch.

2 •	BACKGROUND:

a.	DOB:   . AFQT: N/A. A-99, E-97, Maintenance Journeyman.

Enlmt Age: 22 2/12.	Disch Age: 27 2/12. Educ: HS DIPL. G-98,	M-91. PAFSC: 2A353A - F15 Tactical Aircraft
DAS: 2 Apr 03.

b.	Prior Sv: (1) AFRes 4 May 99 - 11 May 99 (08 das) (Inactive).

3.	SERVICE UNDER REVIEW:

a.	Enlisted as Arnn 12 May 99 for 6 yrs. Svd: 04 Yrs 11 Mo 26 Das, all AMS.

b.	Grade Status:	AlC	- 11	Mar	04 (Article 15, 11 Mar	04)	
		SrA	- 05	Mar	02		
		AlC	- 05	Nov	99		

c.	Time Lost:	None.		
d.	Art 15's:	(1) 11	Mar 04, Mountain Home AFB, ID -	Article 92.	You,	
having knowledge of a lawful order issued by Lt Col
:--------------------------- :to have no contact with ·:--------------------: ,
a--n---o--r--d-e--r----i-t----w-a--s---y·our duty to obey, did, on---o--r---a--b--o-u--t 1-2-
Feb 04, fail ,t..O..M..E;Y...t..b. --s.ame by wrongfully having contact with ;		:	Article 86.	You did, on or about 31 Jan a,;e- wrf'hcii.it--authority, absent yourself from your unit, to wit:	366th Aircraft Maintenance Squadron, located at Mountain Home AFB, ID, and did remain so absent until on or about 2 Feb 04.	Reduction to Arnn, with reduction below AlC suspended.		Reprimand.
(No appeal) (No mitigation)

e.	Additional: LOR, 20 APR 04 - Engaged in indecent acts or liberties with a child.
RIC, 09 DEC 03 - Failure to obey a lawful order given by a
SNCO.
LOR, 14 JUL 03 - Failure to properly perform duties. LOR, 16 APR 03 - Failure to go.
LOR, 05 AUG 02 - Failure to go on two occasions and making
a false official statement.
LOR, 18 JUL 02 - Made a false official statement to a SNCO.

DEPARTMENT OF THE AIR FORCE
366TH AIRCRAFT MAINTENANCE  SQUADRON (ACC)
I	MOUNTAIN HOME AIR FORCE BASE IDAHO

MEMORANDUM FOR AlC f "-- --- -- --- -- --- ----- ----- ----- --- -- --- -- --- -- --- ---j
----------------------------------   ----------------- ·
FROM: 366 AMXS/CC

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 and AFI 36-3208, under the provisions of AFPD 36-32 and  AFI 36-3208, paragraph 5.49. If my recommendation is approved, your service can be characterized as honorable, general, or under other than honorable conditions (UOTHC). am recommending that your service be characterized as general.

2.	My reasons for this action are that:

a.	On diverse occasions, you engaged in indecent acts or liberties with a child. As a result, you . received a Letter of Reprimand (LOR), dated 20 Apr 04.  (Atch 1).

b.	On or about 12 Feb 04, you failed to obey a lawful order given by the commander. Between, on, or about 31 Jan 04 and 02 Feb 04, you were Absent Without Leave from your unit. As a result, you received an Article 15, UCMJ, dated 11 Mar 04.  (Atch 2)

c.	Between, on, or about 27 Oct 03 and 28 Oct 03, you failed to obey a Senior Noncommissioned Officer by not receiving your flu/ shot when told to do so.   As a result, you received  a Record of
individual Counseling (RIC), dated 09 Dec 03.  (Atch 3)

d.	
/114

On or about 08 Jul 03, you failed to properly perform a Thru-Flight Inspection on Aircraft 86-0179.
As a result, you received a LOR, dated 14 Jul 03.  (Atch 4)
2-
e.	On or about 09 Apr 03, you failed to show to your appointed place of duty, building,.lffl. As a result, you received a LOR, dated 16 Apr 03.  (Atch 5)

f.	On or about 26 Jul 02, you failed to show to an appointment. On or about 05 Aug 02, you failed to show to your appointed place of duty, building 5312, Elmendorf AFB, AK. As a result you received a LOR, dated 05 Aug 02.  (Atch 6)

g.	On or about 11 Jul 02, you made a false official statement to a Senior Noncommissioned Officer. As a result you received a LOR, dated 18 Jul 02.  (Atch 7)

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 make the final decision in this matter. Ifyou are discharged, you will be ineligible for reenlistment in the Air Force and will probably be denied enlistment in any component of the armed forces. 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 made an appointment for you to consult with the Area Defense Counsel, on     1 APit  ¢Y	at
!Y(J(J  hours inbuilding 2310.  The telephone numbet is 828-2675.  You may consult civilian counsel at

Global Power for America

your own expense.

5.	You have the right to submit statements on.your own behalf. Any statements you want the separation authority to consider must reach me withfu three workdays of the date of this memorandwn unless you request and receive an extension for good cause shown.Iwill forward them to the separation authority.

6.	Ifyou fail to consult connsel or to submit statements on 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 the Public Health.Section at the hospital  on Mountain Home AFB on    z ,   A P,e ll.    o 'f     at  ( ol o  hours.   The telephone
number is 828-7280. Ifyou wear glasses, wear them to the scheduled examination.

8.	Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. Additionally, a copy of AFI 36-3208 is available for your use in the Area Defense Counsel's office or your squadron orderly room.

9. You will surrender your .ID card to me immediately. Proceed with  this  letter  to  the  Military Personnel   Flight   (MPF),   Customer   Service,   Building   512,  Mountain   Home  AFB   no   later   than
/ )  Oo  &   J   d -V    t1 .,N'Y<'ti}Where you will be issued a temporary ID card good for 90 days.  If the discharge action is still pending at the end of 90 days, another temporary ID card will be issued to you until the case is finalized.

10.	
'£<!0

Proceed with this letter to the Security Forces, Pass and Registration Section, Building 7001, Visitor Control Center, no later than	hi ) a;J tto M? where you will turn in your Mountain Home AFB vehicle sticker and your D vehicle decal after hlch you will be issued a temporary vehicle pass good for 90 days. Ifthe discharge action is still pending at the end of 90 days, another temporary vehicle decal will be issued to you until the case is finalized.

11.	Proceed with this letter to the Traffic Management Office (TMO), in building 512, immediately after receiving your separation orders from the Separations Section at the MPF for arranging shipment of your household  goods.

-·aomman<Ier--- -- -- --------- -- -- -.- --·v·----------
7 Attachments:
1. LOR, dated 20 Apr 04
2.	Art 15, dated 15 Mar 04
3.	RIC, dated 09 Dec 03
4.	LOR, dated 14 Jul 03
5.	LOR, dated 16 Apr 03
6.	LOR, dated 05 Aug 02
7.	LOR, dated 18 Jul 02