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I  V M E  OF SERVICE MEMBER (I.AST,  FIRST MIDDLE LNITIAI.) 
 
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GKAI>E 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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i r F @ f ' < ,  K A M E  bFCOLXSELAhD ORORGANVATION 

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PERSONAL APPEARANCE 

MEMBER SITTING 

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ISSUES 

A92.21 
A94.05 

IXDEX NUMBER 

A67.10 

CASE NGhlBrR 

AB 
1X  1 

RECORDREVIEW 

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OROFR APPOINTiNG  THE BOARD 
APPLICATION  FOR REVIEW OF DlSCHARGE 
1 ETTER OFNOTlFlCATlON 
BRIEF OF PERSOhWEL FILE 

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_I  COUNSEL'S  RELEASE 3'0 THE BOARD 

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PERS(INA1. APPElUtANCE 

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I  TAPE RECORDING OF PERSONAL.  APPEARANCE 

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I Case heard at Washington, D.C. 

Advise applicant of the decision ofthe Board, the right to a personal  appearance withiwithout counsel, and the right to 
submit an application to the AFBCMR 

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SAFIMRBR 
550C TI'KEET WEST, SUllF 40 
RANDOLPH AFB.  TX  78150-4742 

AFHQ FORM 0-2077, J.4N 00 

SECRETARYOF nlEAIREORCE IERSONCLLCOlhClL 
AIR FORCE DISCHARGE REVIEW BOARD 
IT35COhlM4ND DR, EC lilTC.3RDFLOOR 
ANDREW.!  ,453. M D  10162.1001 

Previous edition will  be used 

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.. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00131 

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

The  Board  finds  that  neither  the  evidence of record  nor  that  provided  hy  the  applicant  substantiates  an 
inequity or impropricty that would justify  a change of discharge. 

ISSUES: 

lssue 1.  The applicant contends that thedischarge was inequitablc because it was too harsh.  Thc records 
indicated the applicant reccived an Article  15, and one Lctter of Reprimand for niisconduct.  The misconduct 
included adultery, possession of a fraudulent government identification card, dereliction of duty, using a 
government computer to search for sexually explicit material on the internet, failure to obey a lawful order, 
leaving work early without permission. and failure to go.  The DRR opined that through these administrative 
actions, the applicant had  an~ple 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. 

lssue 2.  The applicant stated that he has changed his life around after he was discharged from the military. 
'The DRB was pleased to see that the applicant was doing well and has a good job.  However. no inequity or 
inipropriety 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. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of the  discharge  regulation  and  n-as  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 o f  discharge, thus the applicant's discharge should not  be changed. 

Attachment: 
Examiner's Rrief 

DEPARTMENT  OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVISW BOARD 

ANDREWS  APE,  M B  

(Former AB) [HGII  A1CI) 

I.  MATTER  UNDER REVIEW:  A p p l   rec'd  a GEK U i s c h   fx Dover  AFB,  DE  on 18  Jul  97  UP 
A F I   3 6 - 3 2 0 8 ,   para 5.49 (Miscor~duct -  Minor  Disciplinary Infractions).  Appeals 
for Honorable Discharge,  to Change the RE Code,  Reason and  Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOR:  8  A u g   76. E n l m t   A g e :   1 7   2 / 2 2 .   Disch Age:  20 11/12.  Educ:  XS CTPL. 
G - 7 5 ,   M - 3 6 .   PAFSC: 3POJ2  -  Law Enforcement Apprentice. 

5 - 5 9 ,  

AFQT:  N/A.  A-SO, 
DAS:  9  Cec  9 4 .  

b .   P r i o r   Sv: ( 2 1   A F R e s   3.2  O c t   9 3   -  2 5   Jul 94  ( 9  months  14 days! ( I n a c t i v e ) .  

3 .  

S E R V I  CE UNDER  REVIEW : 

a  E n l i s t e d   as  A 3   27  A1  9 4   f o r   4  y x s +  Svd:  2  Yrs II Mo 22 D a s ,   all AMS. 

1).  Grade  Scatus:  AB  -  5  Mar  97  (Article 15, 5  Mar  9 7 0  

A Z C   -  2 7   N o v   95 
A m   -  2 7   Jan 5 5  

c.  T i m e   Lost :  None. 

d .  

~ r t  15's:  { l i  5  Mar 9 7 ,   D r n r e r A F E ,   DE: -  Article  134.  You  did,  un  or 

about  10 Jan  9 7 ,   w r o n g f u l l y   possess  w i t h   i n t e n t   ta 
deceive a c e r t a i n   i n s t r u m e n t   p u ~ - p o r t i n g  to be a military 
identification card,  you  then  w e l l   knowing  t h e   same t o  
be  false.  A r t i c l e   131.  You did, on ur about  2 1   Dec 9 6 ,  
wrongfully have sexual intercaurse w i t h  ~ - - - - - - - - - ~  
: ------------------ :.  a m a r r i e d   woman not your  wife.  Redur:tion 
to A i m a r l .   (AppealjDenied)  (No r n i t i g a t i o ~ l )  

- - - - - - - - - -  

e.  A d d i  tional :  L3K, 15  JUPT  97  -  Dereliction of  d u t y ,   u s i n g   a government 

owned  computer  to search for sexually 
explicit material on t h e   i n t e r n e t ,   f a i l u r e  
to obey  a  l a w f u l   o r d e r ,  leaving  work  e a r l y  
without permission, and failure  to go. 

f .  CM: 

None. 

g .   Record  of SV:  2 7   J u l   9 4   -  2 6   Mar  9 5   Cover  AFB 
2 7   Mar  96  -  2 6   Mar  37  Dover  AFB 

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2 

[ I ~ l i t i a l )  
(Annua1)REP 

k.  Awards  &  Decs:  A F T R ,   S W A S M ,   NUSM, SAEER  W/CEV. 

i.  Stmt of Sv:  TMS: ( 3 )   Yrs  (9) Mos  ( 6 1   Das 

TAMS: (2) Yrs  (11) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 7 9 3 )   ritd  7 APR 04. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. Two Character References 

DEPARTMENT OF THE AIR  FORCE 
HEAWUAKEE 436TH AIWFThlNG (AMC) 

( 

IC$-P-  m/3/ 

U.S. AIR  FORCE 

m 1 9 9 7  

20 June  1997 

FROM:  436 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am reconmending your discharge from the United  States Air Force for Minor Disciplinary 
Infractions.  My authority for this action is AFPD 36-32 and AFI 36-3208, paragraph  5.49. If 
my recommendation  is approved. your service will be characterized as honorable or general.  I 
am recommending that your service be chaiacterized  as general. 

2.  My reason for this action is minor disciplinary infractions, as set forth below: 

rNCLDENT 

21 Dec 96 & 10 Jan 97  Adultery & Possession 

of False ID Card 

ACTION 
Article  15 wlatch dated 
5 Mar 97 

7 - 9 A p r 9 7  

LOR w/CTLF  dated  16 Jun 97 

C H  

l a  

l b  

Dereliction of duty 
bfisuse of Gobt. Equipment 
Disobeying a Lawful Order 
Failure to Go (2 counts) 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCMjurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you  are 
discharged,  how your senice will be characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force 

- Bldg. 206, Room 1, on 20 Jun 97 at  11 :00 hours.  You may consult civilian 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
youl  I have made an appointment for you to consult the Area Defense counsel,- 

counsel at your own expense. 

AMC--Global Reach  for America 

4.  You have thc right to submit statements in your own behalf  Any  statements you want the 
separation authority to consider must reach me  by 25 Jun 97 unless you request and receive an 
extension for good  cause shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or to submit state~nents in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6 .   You were scheduled fur a medical examination on 2 May 1997 

7.  Any  personal information you hrnish in rebuttal is covered by  the Privacy Act Statement of 
1974. A copy of AFI 36-3208 is available for your use in the Orderly Room, building 910. 

Attachments: 
I .   Supporting Documents: 

a.  Article  15 w/atch,  dated 5 Mar 97 
b.  LOR wAJE dated  16 Jun 97 

2 .   Airman's Receipt of Notification L e t t e ~  dated 20 Jun 97