NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I  AFSNISSAN 

PERSONAL APPEARANCE 

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1  NAME OF COUNSEL AND OR ORGANIZATION 

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TYPE UOTH  IX 

YES 

No 

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I 

I 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

. . . . . - - . . . . 

HON 

1 

I 

. 

VOTE OF THE BOAKI) 

... 

GEN 

UOTHC 

. 

I  OTHER 

I  DENY 

X 

X 

X 

X 

X 

ISSUES  A94.53 
A95.00 

INDEX NUMBER 

A67.30 

1 
2 
3 
4 

EXJ$BITS  SUBMITTEP TO THE BOA1RD 

ORDER APPOlNTMG THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

20 Oct 2004 
AF'PLICANT'S  ISSUE AND THE BOARD'S DEClSlOEjAL RATIONAL ARE DISCUSSED ON  TkE ATTACED AIR FORCE. DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

I 

I  FD-2003-00497 

I 

I 

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

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

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

DATE:  10/20/2004 

FROM: 

SECRETARY OFTHE 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-2003-00497 

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

The  applicant  appeared  before  the  Discharge  Review  Board  (DRB)  at  Andrews  AFB,  MD,  via  video 
teleconference from Travis AFB, CA. 

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

FINDINGS:  Upgrade of discharge and change of reenlistment code are denied. 

The Board  finds the  applicant  submitted no  issues contesting the  equity  or propriety  of the  discharge, and 
after  a thorough  review  of the record,  the Board  was unable to  identify  any that  would justify  a change of 
discharge. 

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 

MISSING MEDICAL RECORDS 

(Former SRA)  (HGH TSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTHC Disch fr USAF 5 Jun 00 UP AFI 36- 
3208, para 5.52.3  (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 27 Oct 64.  Enlmt Age: 19 5/12.  Disch Age: 35 7/12. Educ:HS DIPL. 

AFQT: N/A.  A-67,  E-62,  G-58,  M-68. PAFSC: 4R051 -  Radiologic Journeyman. 
DAS: 30 Jun 94. 

b.  Prior Sv:  (1) AFRes 14 Apr 84 -  1 Jan 85  (8 Months 19 Days) (Inactive). 

(2) Enld as A1C 2 Jan 85 for 4 yrs.  Ext: 30 Dec 87 for 13 

months.  Reenld as SRA 12 Dec 88 for 4 yrs.  Ext:  22 Jul 92 for 28 months. 
Reenld as SSgt 1 Oct 92 for 4 yrs.  Ext:  4 Jan 95 for 32 months.  Svd:  13 Yrs 3 
Mos 19 Das, all AMS.  SRA -  (EPR Indicates): 2 Jan 87 -  1 Jan 88.  Sgt -  (EPR 
Indicates): 2 Jan 88 -  1 Jan 89.  SSgt -  1 May 91.  APRs:  9,9,9,9,9. EPRs: 
5,5,5,4,5,5,5,5,5. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenld as SSgt 21 Apr 98 for 4 yrs. Svd: 2 Yrs 1 Mo 16 Das, all AMS. 

b.  Grade Status:  SRA -  27 Jul 99 (GCMO No 46, 20 Sep 99) 

TSGT -  1 Jan 99 

c ,   Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: Unknown. 

f.  CM:  General Court Martial Order No 46, 20 September 1999. 

CHARGE 1:  Article 121.  Plea:  Guilty.  Finding:  Guilty 

Specification 1:  Did, at or near Phoenix AZ, on or about 12 Feb 
96, steal $12,209.36, the property of State Farm Fire and Casualty 
Company. 

Specification 2:  Did, at or near Phoenix AZ, between on or about 
30 Jun 94 to on or about 24 Feb 99, steal $6,020.58, military 
property of the United States. 

Specification 3:  Did, at or near Phoenix AZ, between on or about 
1 Feb 96 and on or about 15 Jun 98, steal two office chairs and 
one box containing twelve picture frames, military property, of a 
value of more than $100.00, the property of the United States. 

Specification 4:  Did, at or near Phoenix AZ, on or about 30 Jun 
96, steal four lawn chairs, of a total value of more than $100.00, 
the property of Northern Greens Apartment. 

CHARGE 11:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Phoenix AZ, between on or about 15 
Jun 94 to on or about 
intercourse with SSgt 
wife.  Plea:  Guilty, except for the words, "15 June 1994 to on or 
about 24 November 1998." substituting therefore the words "15 
August 1995 to 24 November 1997.'' Sentence adjudged by officer 
members on 13 Jul 99.  Three months hard labor without 
confinement, forfeiture of $250 pay per month for 24 months, and 
reduction to senior airman. 

lly have sexual 
a married woman, not his 

g.  Record of SV: 05 Sep 97 -  12 Jun 98  Luke AFB  5  (CRO) 
13 Jun 98 -  30 Apr 99  Luke AFB  5  (CRO) 

(Discharged from Luke AFB) 

h.  Awards &  Decs:  AFCM W/1 DEV, AFLSA W/2 DEV, AFTR, NDSM, SAEMR, NCOPMER 

W/1 DEV, AFOUA W/3  DEV, AFGCM W/4 DEV. 

i.  Stmt of Sv:  TMS:  (16) Yrs  (1) Mos  (23) Das 

TAMS:  (15) Yrs  (5) Mos  (4) Das 

4 .   B A S I S   ADVANCED  FOR  REXIEW:  Appln  (DD Fm 293) dtd 14 Oct 03. 

(Change Discharge to Honorable) 

Issue 1:  I have been working with DAV since my discharge on a request for 

an upgrade.  Today, I contacted the office when a different represenative (sic) 
stated that I could not request an upgrade through them, but needed to go 
through "the branch of service" for a request.  I have been waiting for three 
years and now I am asking for the board to review my military records and grant 
my request for an upgrade.  Thank you. 

ATCH 
1. VA Letter, 15 Dec 00. 

5 Jan 2004/cr 

DEPARTMENT OF THE AIR FORCE 
56th Medical Support Squadron (AETC) 

Luke Air Force Base Arizona 

0  l30? 

FROM:  CC 

SUBJECT:  Notification Memorandum - Board Hearing 

1. I am recommending your discharge from the United States Air Force for Commission 
of Serious Offenses.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
Section H, paragraph 5.52.3.  This action could result in your separation with an under 
other than honorable (UOTHC) service characterization.  I am recommending your 
service be characterized as Under Other Than Honorable Conditions (UOTHC). 

2.  My reasons for this action are; 

a.  On or about 30 Jun 94 to on or about 24 Feb 99, you stole military property 

valued at $6,020.58.  A Report of Result of Trial, dated  13 JuI 99 evidences this. 

b.  On or about 15 Aug 95 to on or about 24 Nov 97, you wrongfuIly had sexual 
married woman, not your wife.  A Report of 

intercourse with ssgt-a 
Result of Trial, dated 13 Jul99 evidences this. 

c.  On or about  1 Feb 96 and or about 15 Jun 98, you stole two office chairs and 

one box containing twelve picture frames, military property, valued at more than $100.00. 
A Report of Result of Trial, dated 13 Jul99 evidences this. 

d.  On or about 12 Feb 96, you stole $12,209.63 the property of State Farm 

.  Casualty Company.  A Report of Result of  rial, dated 13 Jul 99 evidences this. 

e.  On or about 30 Jun 96, you stole four lawn chairs, of a total value of more than  ' 

$1 00.00, the property of Northern Greens Apartments.  A Report of Result of Trial, dated 
13 Jul99. 

, 

3.  Copies of the documents to be forwarded to the separation authority to support this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will make the final decision in this matter.  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: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in.your own behalf in addition to, or in lieu of, the board 

hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision 

to waive any of your rights. 

5.  You must retrieve your medical records from the 56th Medical Group Hospital 
Outpatient records and immediately report to Physical Exams, Building 8 10, with your 
medical records and your copy of this AFI 36-3208 discharge package for medical review 
and/or examination. 

6.  I have made an appointment for you to consult the Area Defense Counsel, Bldg 1 150, 
Suite 301 5, Extension 6701 on *MJ* 
hours.  Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active 
military service and is reasonably available as determined by AFI 5 1-20 1.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not 
pay expenses incident to the employment of civilian counsel.  Civilian counsel, if 
employed, must be readily available. 

\ 000 

at 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the 
rights you choose to exercise.  The statement must be signed after consultation with your 
counsel who also will sign it.  If you waive your right to a hearing before an 
administrative discharge board, you may submit written statements in your own behalf.  I 
will send the statements to the discharge authority with the case file to be considered with 
this recommendation.  If you fail to respond, your failure will constitute a waiyer of the 
right to a board hearing. 

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 through your defense counsel. 

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

Attachments: 
1.  Report of Result of Trial, dated 13 Jul99 
2.  Action of the Convening Authority, dated 20 Sep 99