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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

ISSUES  A94.05 

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A62. 

I  INDEX NUMBER 
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HEARMG DATE 

30 Aug 2005 

CASE NUMBER 

FD-200100098 

P T e  heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

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

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INDORSEMENT 

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FROM: 

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

DATE:  8f3ORP05 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCn 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WTNC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

TO. 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will bk used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00098 

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:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received a General discharge due to fraudulent entry.  It appears that when the applicant completed 
his  Standard Form  86, Questionnaire for National  Security Positions, he  marked block  23  as "no"  to  the 
question of:  "Have  you ever been charged with or convicted of any felony offense?'When  in fact, he was 
charged with one count of Battery.  The other charge of Domestic Battery was dismissed.  However, he did 
indicate on the SF 86, at the bottom of block 23, that he was involved in a fight, but that the charges were 
dropped.  The  DRB opined  that  since the  member  served  almost four years  of  active duty  and had  two 
excellent EPRs, that a General discharge was too harsh. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  hrther  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by an Honorable discharge under the provisions of Title 10, 
USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SRA) (HGH SRA) 

1.  MATTER  UNDER  REVIEN:  Appl rec'd  a GEN Disch fr Ellsworth AFB, SD on 16 Jun 
04 UP AFI 36-3208, para 5.15 (Fraudulent Entry).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 17 Mar 79.  Enlmt Age: 21 7/12.  Disch Age: 24 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-77,  G-53,  M-49. PAFSC: 2A553B -  Bomber Avionics Systems, 
Instrument &  Flight Control Command Journeyman. DAS: 27 Aug 01. 

b.  Prior Sv:  (1) AFRes 31 Oct 00 -  14 Nov 00  (13 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEN: 

a.  Enlisted as A m  14 Nov 00 for 4 yrs. Svd: 0 Yrs 0 Mo 0 Das, all AMS. 

b.  Grade Status:  SrA -  14 Nov 03 
A1C -  14 Sep 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 May 04, Ellsworth AFB, SD -  Article 128.  You did, 
at or near R a ~ i d  Citv. South Dakota, on or about 8 Mar 
04, assault 
of her shir 
of $200.00 per month for two months  (in excess of 
$100.00 pay per month for two months suspended).  Twenty 
one days extra duty.  (No appeal)  (No mitigation) 

by grabbing her by the collar 
duction to A1C.  Forfeiture 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 14 Nov 00 -  13 Jul 02  Ellsworth AFB  5  (Initial) 
14 Jul 02 -  13 Jul 03  Ellsworth AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/VALOR. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (0) Mos  (0) Das 
TAMS: (0) Yrs  (0) Mos  (0) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 2 Feb 05. 

(Change Discharge to Honorable) 

Issue 1:  I feel that my commander did not consider all of the facts before 

giving me a general discharge.  Document 3 clearly shows that I did in fact 
disclose the fact that I was arrested for fighting.  Doc.1 shows that I never 
received a conviction and the charges were dropped.  I served for over 3.5 years 
with no pro  ems and feel that my discharge should be honorable.  As for para.3 
on Doc.2, &and 
upgraded so that I may use the benefits that are now denied me. 

I are now married.  I would like to have my discharge 

ATCH 
1. Conressional Response. 
2. Congressional Correspondence. 
3. DD Form 214. 
4. Questionnaire For National Security Positions. 
5. Notification Memorandum. 
6. Court Order. 
7. Two Enlisted Performance Reports. 
8. Two Character References. 

8 

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FDW.  s-@% 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 28TH BOMB WING (ACC) 

ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 

MEMORANDUM FOR S 

FROM:  28 AMXSICC 

'SUBJECT: Notification Memorandum 

a  ruq 04 

8 AMXS 

1.  I am recommending your discharge from the United States Air Force for fraudulent entry. 
The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.15.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reason for this action is: 

You, on or about 1 Nov 00, by means of deliberate concealment of the fact that you 
committed domestic battery in DeKalb County, Illinois on 6 Sept 98 and were tried and 
convicted of the above offense in DeKalb County, Illinois Circuit Court on 16 Nov 98, procure 
yourself to be enlisted in the United States Air Force, and did thereafter at Ellsworth Air Force 
Base, South Dakota receive pay and allowances under the enlistment so procured.  Failing to 
disclose the above acts was a deliberate, material misrepresentation, omission, or concealment 
that, if known at the time of your enlistment or entry into a period of military service, might have 
resulted in rejection. 

3.  You have other derogatory information in your military record from your current enlistment, 
which is outlined below.  This information is not being cited as a basis for discharge, however, it 
may be considered for characterization of service and in deciding whether you should be 
discharged or retained.  It may also be considered on the issue of Probation and Rehabilitation 
(P & R). 

You did, at or near Rapid City, South Dakota, on or about 8 Mar 04, assa 
grabbing her by the collar of her shirt.  For this action, you received nonjudic 
under Article 15, UCMJ, on 17 May 04.  Punishment consisted of a suspended reduction to the 
grade of Airman First Class, forfeiture of $200.00 pay per month for two months, with that 
portion in excess of $100.00 pay per month for two months suspended, and 21 days extra duty. 
This action established your Unfavorable Information File (UIF). 

Y 

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 
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 and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

5.  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 Capt 

1000 Ellsworth Street, 

Suite 1700 o n d  J-OL\ 

expense. 

at  1 

hours.  YOU  may consult civilian counsel at your own 

6.  You have the right to submit statements in your o 
separation authority to consider must reach me by  7  9 d q a t  d53 0  hours, unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
. 
authority. 

behalf.  An  statements you want the 

"3? 

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

for a medical examination.  You must report to Flight Medicine 1 
at  J cCd) hours 
appointment and you must be in uniform.  You must 

B Section of the Base Clinic on 

report at least 20 minutes in advance to this appointment to complete necessary papenvork. 
Please have the attached Medical Examination for SeparationRetirement form completed at this 
time.  Return this form to the Separations office. 

9.  You have been scheduled for a pre-separation appointment.  You must report to the 
Separations Section of the Military Personnel Flight (MPF)  on  q ~ c ~ ~ q  
This is a mandatory appointment and you must be in uniform.  Your signed Medical 
Examination for SeparationRetirernent will be turned in at this time. 

at  I Lf[X)  hrs. 

10.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center on 8 J-  d at jL)= 
must be in uniform.  You must report at least 15 minutes in advance to this appointment to 
complete any necessary paperwork. 

hours.  This is a mandatory appointment and you 

11.  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 in your orderly room. 

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

Attachments: 
1.  Supporting documents 

Triple I Report (Criminal History) - 2 1 Apr 04 

2.  Other data: 

Article 15/UIF- 17 May 04 

3.  Airman's receipt of notification memorandum 
4.  DPMAR FM-21 (Medical Examination for SeparationRetirement) 
5.  Issuance of Temporary ID Card for Administrative Discharge