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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I  AFSNISSAN 

I MEMBER SITTING 

ISSUES  A92.2 1 

INDEX N l l l B E H  

A67.03 

HEARING DATE 

CASE NUMBER 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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EXHIBITS SUBMITI'ED TO THE BOARD 

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1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBlTS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

20 Oct 2004 
APPLICANT'S ISSUE AND T I E  BOARD'S DECISIOKAL RATIONAL ARE DISCUSSED OK THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00106 

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Case heard at Andrews AFB MD via video teleconference with Travis AFB CA. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

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I :.  . . 

TO: 

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-. 

S AFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

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J N ~ R S E J I E N T  

.  . 
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FROM: 

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DATE:  10/25/2004 
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00106 

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

The applicant personally appeared before the Discharge Review Board (DRB) via video-teleconference from 
also testified 
Travis AFB  CA with  Andrews  AFB  MD on  20  October 2004.  His wife,  Ms. 
before the Board. 

The following additional document was submitted to the Board at the time of the hearing: 
Exhibit 5 :  California State University Acceptance Letter, 9 September 2004 

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:  Applicant requests an upgrade of his discharge to honorable to help his future employment prospects. 
The DRB was pleased to see that the applicant was pursuing an education, doing well and has a good job. 
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 
The Board concluded the discharge characterization appropriately described his term of service because of 
the applicant's  misconduct during his enlistment. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 29 Dec 98 UP AFI 36- 
3208, para 5.52 (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 8 Feb 79.  Enlmt Age: 18 4/12.  Disch Age: 19 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-84,  G-86,  M-62. PAFSC: 3P0310 -  Security Forces 
Apprentice. DAS: 4 Jul 98. 

b.  Prior Sv: (1) AFRes 17 Jun 97 -  16 Sep 97 (3 Months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 17 Sep 97 for 6 yrs. Svd: 1 Yr 3 Mos 13 Das, of which AMS is 

1 Yr 3 Mos 3 Das  (Ex: 10 Das lost time) 

b.  Grade Status:  AB  -  3 Dec 98 (Special Court Martial, 3 Dec 98) 

A1C -  1 NOV 97 

c.  Time Lost:  3 Dec -  12 Dec 98 (CM sentence of 10 days confinement) 

d.  Art 15's:  None. 

e.  Additional: LOR, 21 OCT 98 - Failure to attend scheduled appointment. 

LOR, UNDATED -  Late for work. 
LOR, UNDATED -  Failure to attend scheduled appointment and 

LOCI 23 AUG 98 -  Failure to go. 

misrepresented the truth. 

e.  CM:  Special Court Martial, 3 Dec 98. 

CHARGE:  Article 121.  Plea: Guilty.  Finding: Guilty. 

Specification:  In that A1C 
Peterson Air Force Base, CO, did, at or near Colorado Springs, CO, 
on or about 11 Nov 98, steal video games and a leather jacket, of 
a value of about $216.85, the property of the Army and Air Force 
Exchange Service.  Sentence adjudged on 3 Dec 98.  Reduction to 
AB, forfeiture of $300.00 pay, and confinement for 10 days. 

, USAF, 21 SFS, 

g.  Record of SV: None. 

(Discharged from Peterson AFB) 

h.  Awards &  Decs:  AFTR, SAEMR W/DEV 

i.  Stmt of Sv:  TMS:  (1) Yr  (6) Mos  (3) Das 
TAMS: (I) Yr  (3) Mos  (3) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Mar 03. 

(Change Discharge to Honorable) 

Issue:  I am currently one semester away from getting my law degree.  I want 

an upgrade to further my chances at obtaining gainful long-term employment. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

21 ST SPACE WING (AFSPC) 

14  DEC  1998 

PROM:  21 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Commission of a 
Serious Offense.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.52. 
If my recommendation is approved, your service will be characterized as under honorable 
conditions (General) discharge.  I am recommending that your service be characterized as 
general. 

2.  My basis for this action is that:  You, did, on or about 11 Nov 98, steal video games and a 
leather jacket, of a value of about $216.85, the property of the Army and Air Force Exchange 
Service.  For this misconduct you were found guilty of violating Article 121 of the U.C.M.J.  in a 
summary court-martial on 3 Dec 98, as evidenced by the Record of Trial by Summary Court- 
Martial and the Report of Result of Trial (Atchs 1 and 2).  Your punishment consisted of 10 days 
confinement and reduction to E-1 . 

t 

3.  I have not considered the following misconduct ah  a basis for discharge; however, I have used 
it to determine whether you should be discharged and to determine how your service should be 
characterized: 

a.  You did, on  about  15 Oct 98, fail to attend a scheduled mental health appointment. 

For this misconduct you received a Letter of Reprimand, dated 2 1 Oct 98 (Atch 3). 

b.  You did, on or about 19 Sep 98 and on or about 23 Sep 98, without authority, fail to 
go at the time prescribed to your appointed place of duty.  For this misconduct you received a 
Letter of Reprimand, undated (Atch 4). 

c.  You did, on or about 16 Sep 98, without authority, fail to attend a scheduled M 16lSKC 

firing appointment and misrepresent the truth.  For this misconduct you received a Letter of 
Reprimand, undated (Atch 5). 

d.  You did, on or about 23 Aug 98, without authority, fail to go at the time prescribed to 

your appointed place of duty.  For this misconduct you received a Letter of Counseling, dated 
23 Aug 98 (Atch 6). 

4.  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 

STRENGTH AND  PREPAREDNESS 

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 receive a general discharge, you will 
be ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance 
fhilds may be subject to recoupment. 

Ir 

t counsel.  Military legal counsel has been obtained to assist you. 
he Area Defense Counsel, at (71 9) 556-761 1.  You may consult 

5.  You have the right 
You may contact Capt 
civilian counsel at your own expense. 
L 
6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach the commander NLT 1600 hours on  1 7 De C 98 
(3 workdays) unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

e 

7.  If you fail to consult counsel or to spbmit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

has been scheduled for you at the Peterson Clinic on 
at  08 3 0  hrs.  You must report for this appointment. 

9.  Any personal information you fhmish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of M I  36-3208 and AFI  36-2908 are available for your use in the orderly room. 

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

1 

Attachments: 
1.  Record of Trial by Summary Court-Martial, dated 3 Dec 98 
2.  Report of Results of Trial, dated 3 Dec 98 
3.  Letter of Reprimand, dated 21 Oct 98 
4.  Letter of Reprimand, undated 
5.  Letter of Reprimand, undated 
6.  Letter of Counseling, dated 23 Aug 98 
7.  Airman's  Receipt of Notification Memorandum