AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

IITIAL) 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

- 

T%E  GEN 
w?Hg8$m" *r. 
YES 

No 
X 

MEMBER SITTING 

ISSUES  A94.53 

INDEX NUMBER  A67.30 

1  ]  ORDER APPOINTMG THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LE'ITER OF NOTIFICATION 

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I 

PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

FD-2005-00148 

31 Aug 2005 

r -  

Case heard at Washington, D.C. 

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: 

I 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

I FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m)-2005-00148 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  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 ( D M )  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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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. 

ISSUES:  The applicant was discharge with a general discharge for misconduct--specifically, commission of 
a serious offense.  The records indicated the applicant received an Article 15, a vacation action, a Letter of 
Reprimand, and a Letter of Counseling. His misconduct included committing sodomy with a child under age 
 and dnving while drunk. The DRB opined that through these administrative actions, 
16, underage M g ,
the applicant had ample opportunities to change his negative behavior and 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. 

Issue 2.  The applicant noted his desire to return to military service.  While the Board commends applicant 
on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a 
basis that warrants 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. 

t 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Andrews AFB, MD on 20 Mar 03 
UP AFI 36-3208, para 5.52.1 and 5.52.3 (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 6 May.82.  Enlmt Age: 17 4/12.  Disch Age: 20 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-34,  E-49,  G - 5 3 ,   M-40. PAFSC: 3PO51 - Security Journeyman. 
DAS: 26 Mar 02. 

b.  Prior Sv: (1) AFRes 16 Sep 99 - 5 Jul 00 (9 months 20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 6 Jul 00 for 4 yrs. Svd: 2 Yrs 8 Mo 15 Das, all AMS. 

b.  Grade Status:  AB  -  9 Jul 02 (Vacation of Article 15, 22 Jan 03) 

Amn  -  9 Jul 02  (Article 15, 9 Jul 02) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Jan 03, Vacation, Andrews AFB, MD -  Article 92. 

You, who were born 6 May 82, who knew of your duty at or 
near Harrisonburg, Virginia, on or about 16 Nov 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from drinking alcohol 
underage, as it was your duty to do.  Article 111.  You, 
did at or near Harrisonburg, Virginia, on or about 16 
Nov 02, on James Madison University Campus, physically 
control a vehicle, to wit: 2002 Suzuki, 4 door, while 
drunk.  Reduction to AB. 
(No appeal) (No mitigation) 

(2) 9 Jul 02, Incirlik, AB Turkey -  Article 125.  You, did, 

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at or near Incirlik AB, Turkey, on divers occasions 
between on or about 9 Mar 02. and on or about 10 Mar 02. 
a child under 
commit sodomy w
i
the age of 16.  Article 134.  You, dl?,- 
Incirlik AB,  Turkey, on or about 9 Mar 02  commit an 
indecent act upon the body o 
female under 16 years of age 
your finger in her vagina with intent to gratify your 
lust.  Reduction to Airman.  Suspended reduction to AB. 
Fifteen days extra duty.  (No appeal) (No mitigation) 

at or near 

a 
ng 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 6 Jul 00 -  28 Feb 02  Incirlik AB  4  (HAF  Dir) 

h.  Awards &  Decs:  AFTR, NDSM, AFOSSTR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (6) Mos  (5) Das 

TAMS: (2) Yrs  (8) Mos  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 5 Apr 05. 

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

for Discharge) 

Issue 1:  Upgrade or change is requested so that my reentry code of 2B will 

be changed so that I may enter the Armed Forces. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 89TH AIRLIFT WING (AMC) 

I4 Fib  03 

FROM:  851 SFSICC 

1845 Westover Drive 
Andrews AFB, MD 20762 

SUBJECT:  Notification Memorandum 

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, Chapter 5, 
Section H, paragraphs 5.52.1.  and 5.52.3,  If my recommendation is approved, your service will 
be characterized as general (under honorable conditions). 

2.  My reasons for this action are: 

a.  On 16 Nov 02, you were derelict in the performance of your duties, in that you willllly 

consumed alcohol while you were under the legal drinking age. 

b.  On 16 Nov 02, you physically controlled a vehicle while intoxicated in violation of 

Article 1 1 1, UCMJ. 

j, 

-. 

For the previous two incidents, I vacated the suspension of your 9 Jul02 punishment imposed 
under Article 15, UCMJ, and ordered your reduction in grade from Airman to Airman Basic on 
22 Jan 03.  (Atch 1) 

c.  Between 9 and  10 Mar 02, you committed sodomy with a child under the age of 16 in 

violation of Article 125, UCMJ. 

d.  On 9 Mar 02, you committed an indecent act upon the body of a female under 16 years of 

age in violation of Article 134, UCMJ. 

For the previous two incidents, you received punishment under Article 15, UCMJ, on 9 Jul02, 
consisting of a reduction to the grade of E-2, reduction to the grade of E-1 suspended until 
8 Jan 03, and fifteen days extra duty.  (Atch 2) 

3.  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. 

4.  You have the right to military counsel.  I have made an appointment for you with Captain 

Area Defense Counsel.  Report to 1430 Arnold  venue at 

hrs on 

, for 

AMC--GLOBAL REACH FOR AMERICA