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p" A93.09 

INDEX NUMBER 

A67.30 

HEARING DATE 

28 Jul2005 

CASE NUMBER 

FD-2005-00053 

Case heard at Washington, D.C. 

1  (  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, 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. 

TO: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD F W R  
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-2005-00053 

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 justifL a change of discharge. 

ISSUE:  Applicant does not contest his discharge.  He merely states that he would like to receive his GI Bill 
Benefits.  The records indicated the applicant was found guilty by the 5' 
Judicial District, Roswell, NM, of 
domestic battery and aggravated domestic battery.  In addition, he also received a Letter of Reprimand and 
four Records of Individual Counseling for being absent fiom duty, failure to go on three separate occasions 
and for excessive tardiness.  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 fiom conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate.  The applicant cited his desire to receive the G.I. Bill benefits as 
justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a 
statement that he understood he must receive an Honorable discharge to receive future educational 
entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Holloman AFB, NM  on 04 Nov 02 
UP AFI 36-3208, para 5.52 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Mar 79.  Enlmt Age: 20 1/12.  Disch Age: 23 7/12. Educ: HS DIPL. 

AFQT: N/A.  A - 1  E-58,  G-55, M-15. PAFSC: 3M051 - Services Specialist 
Journeyman.  DAS: 3 Dec 99. 

b.  Prior Sv: (1) AFRes 20 Apr 99 -  03 Aug 99 (3 months 15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 4 Aug 99 Svd: 03 Yrs 03 Mo 01 Das, all AMS, of which 

AMS is 03 Yrs 02 Mo 28 Das (ex. 03 Das lost time). 

b.  Grade Status:  None. 

c.  Time Lost:  22 Jun 01 -  24 Jun 01 (3 days). 

d.  Art 15's:  None. 

e.  Additional: RIC, 30 MAR 01 -  Excessive Tardiness. 

RIC, 31 JAN 01 -  Failure to Report to Training to turn in 

his CDC1s on the required 30 day time 
frame . 

RIC, 08 DEC 00 - No Show; Failure to take closed book pre- 
test for CDC Vol 1 on the scheduled date. 

LOR, 13 NOV 00 -  Failure to go on 6 and 7 Nov 00. 
RIC, 11 OCT 00 - Absent from Duty. 

f.  CM:  None. 

g.  Record of SV: 05 Aug 99 -  15 Jan 01  Holloman AFB  4  (HAF DIR) 
16 Jan 01 -  15 Jan 02  Holloman AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (06) Mos  (13) Das 
TAMS: (03) Yrs (02) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jan 05. 

(Change Discharge to Honorable.) 

Issue 1:  To further my education with the help of the GI Bill.  I am 

married with 2 girls, have a mortgage and expenses that need to be met.  A copy 
of my classes is attached also a copy of my Service Member for the Montgomery GI 
Bill.  Please feel free to contact me for additional information.  Any help 
would be greatly appreciated. 

ATCH 
1.  DD Form 2 1 4 .  
2.  DD Form 2 3 6 6 .  
3.  Student Schedule. 

i - 
UEPARTMENT  OF THE AIR  FOR-LE 

- 

HEADQUARTERS 49M RGHTER WING (ACCI 
HOLLOMAN AIR FORCE BASE.  NEW MEXICO 

r u  OL""  J 

PV'IEMORANDUM FOR A1 

FROM:  49 SVS/CC 

SUBJECT:  Letter of Notification 

1. I am recommending your discharge from the United States Air Force for commission of a 
serious offense.  The authority for this action is AFI 36-3208, Section 5H, paragraph 5.52.  If my 
recommendation is approved, your service will be characterized as honorable or as under 
honorable conditions (general).  I am recommending that your service be characterized as an 
under honorable conditions (general). 

2.  My reasons for this action are as follows: 

well, New Mexico, on or about 31 ~ a y  
You were found guilty of battery against a household member by a 

2001, unlawfully batter 

ury in Roswell, New Mexico on 21 May 2002.  Based on conversations 
with the Fifth Judicial District attorneys office, it is my understanding that you will also plead 
guilty to aggravated battery against a household member. (Atch 1) 

. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  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, will probably be denied enlistment in any component 
of the armed forces, and any special pay, bonus, or education assistance funds may be subjected 
to recoupment. 

3.  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 Area Defense Counsel, Building 222, Holloman 
AFB, phone 3474, at Q %CC  hours on  3 S  September 2002. You may consult civilian 
counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by2 

extension for good cause shown.  I will forward y o ~ u  =??- 

sta ements to the separation authority. 

02 unless you request and receive an 

5. 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. 

6.  You have been scheduled for  medical examination.  You must report to Flight Medicine, 
Bldg 17, at O$$S 

September 2002 for the examination. 

hours on 

7.  Any personal information you fUmish in rebuttal is covered by the Privacy Act of 1974. A 
copy of M I  36-3208 is available for your use in the office of the Area Defense Counsel. 

8.  You must execute the attached receipt and return it to me immediately. This receipt does not 
admit or deny any of the allegations against you, nor does it mean that you agree with the 
discharge action.  It is simply an acknowledgment that you have received this Letter of 
Notification. 

Commander 

Attachments: 
1. OSI Investigation Report, 23 August 2001 
2.  Letter ftom Roswell DA 
3.  Letter of Counseling, 1 1 October 2000 
4.  Letter of Reprimand, 13 November 2000 
5.  Letter of Counseling, 8 December 2000 
6.  Letter of Counseling, 3 1 January 200 1 
7.  Letter of Counseling, 30 March 2001