I&E  GEN 
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1  YES 
No 

) 

( 

PERSONAL APPEARANCE 

(  RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 

MEMBER SITTING 

INDEX NUMBER  A72. 

ORDER APPOINTING THE BOARD 

1 
2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 
- 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

PERSONAL APPEARANCE 

HEARING DATE 

31 Aug 2005 

CASE NUMBER 

FD-2005-00150 

(Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COhlhlAND DR EE  WLNG.  3RD FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

I 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00150 

GENERAL:  The applicant  appeals for upgrade of  discharge to  honorable and to change the reason and 
authority for the discharge. 

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 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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and based on force shaping. 
The records indicated the applicant received a Summary Court-Martial conviction for larceny, hindering 
apprehension, and false-official statements; a Letter of Reprimand for underage drinking and a traffic ticket 
for a minor in possession of alcohol. 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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 fiuther 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 R F V I W  BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A M . )  

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Grand Forks AFB, ND' on 12 Aug 
04 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Jun 83.  Enlmt Age: 18 3/12.  Disch Age: 21 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-89,  E-88,  G-82,  M-83. PAFSC: 1A031 -  In Flight Refueling 
Apprentice. DAS: 27 May 03. 

b.  Prior Sv:  (1) AFRes 1 Oct 01 -  15 Jul 02 (9 months 15 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Jul 02 for 4 yrs. Svd: 2 Yrs 0 Mo 28 Das, of which 

AMS is 2 yr 0 months 16 days (excludes 12 days lost time). 

b.  Grade Status:  AB  -  30 Jun 04 (Summary Court Martial, 30 Jun 04) 

Amn  -  28 Jan 03 

c.  Time Lost:  30 Jun 04 -  12 Jul 04 (12 days) 

d.  Art 15's:  None. 

e.  Additional: LOR, 24 JUN  03 -  Traffic ticket for Minor in Possession of 

alcohol. 

f.  CM:  Summary Court Martial -  30 Jun 04 

CHARGE I:  Article 78  Plea:  Guilty.  Finding:  Guilty. 

rr 

Air Refueling Squadron, knowing that at or near Grand 

Specification:  In that Airman 
Force, 9 0 6 ~ ~  
Forks County, North Dakota 
or about 30 Jul 03, Airman 
ary Justice, to 
offense punishable by the 
wit: larceny, did, at or near Grand Forks County, North Dakota 
between on or about 1 Jul 03 and on or about 
to hinder the apprehension of the 

United States Air 

1 Jul 03 and on 
had committed an 

len ATV onto a truc 

len trailer into a field, help the said 

store a stolen ATV in a garage, and 

help the said Airman 

clean the stolen ATV. 

CHARGE 11:  Article 107.  Plea:  Guilty.    in ding:  Guilty. 

Specification:  In that Airman 
Force, 906th Air Refueling Squ 
Forks County, North Dakota, on divers occasions between on or 

or near Grand 

United States Air 

ut 20 Nov 03, with intent to deceive, 

official statements, to wit:  I 

effect,* zhi'ch s 
the said Airman 
on 30 June 04: 
for£ eiture of one half months pay for one month. 

se the four-wheeler, or words to that 
otally false and were then known by 
to be so false.  Sentence adjudged 
nfinement, reduction to AB,  and 

g.  Record of SV: 16 Jul 02 -  16 Mar 04  Grand Forks AFB  3  (1nitial)REF 

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

i.  Stmt of Sv:  TMS: (2) Yrs  (10) Mos  (0) Das 
TAMS:  (2) Yrs  (0) MOS  (16) Das 

4.  BASIS ADVANCED FOR RFVIEW:  Appln  (DD Fm 293) dtd 6 Apr 05. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Article 15. 
3. Air Medal. 
4. Award of Air Crew Badge. 
5. Certificate of Completion. 
6. Six Training Certificates. 
7. Four Character References. 

'1 2  APR  20051 

Ad, ,a 

,q7-5 

- W / s  

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

I 

{Please reed instructions on  Pages  3 and 4 BEFORE completing this application.1 

Form ~pj&oved 
OMB No. 0704-0004 
Expires Aug 31, 2CXM 
,.K< . 

. The public reporfino buden for this  cdlection of intonnatlon is estimated to average 30 m i m e s  per raponse,  including the time for renewing instructiora,i~rch~ng existing data sources. 
gatlmiw and maintaining the data needed,  and cornpkting and reiewing the collection of information. Send cornmem regarding this burden estimate or 8ny:oiiw  a=pad of this cdlection of 
information, includiw suwationr for redudm the burden,  to the Department of Defcnsa.  Execunve Servicn and Communicaicfw Directorae ( 0 7 0 4 0 0 ~ j ~ ~ ~ ~ 6 n d e n t s  
shauld be aware that 
valid OM0 contrd 
notwithstanding any o t k  provision of law,  no person shall ba subject to any penalty for failing to comply with a collection of information if it does no$$it&3==fendv 
number. PLEASE DO  NOT RRURN YOUR  F O a  TO THE ABOVE  ORGANIZATION.  RElUl?N COMPLETED FORM TO  THE APPRORIIATE ADDRESS ON BACK OF THS PAGE 

.AUTHOWTY:  10 U.S.C.1553;  E.O.  9397. 
PRINCIPAL PURPOSEIS): To apply for  a change in the characterization or  reason for military discharge issued to ;;'individual. 

PRIVACY ACT STATEMENT 

' 

.'.".3+;: .,?'.. . . 
;:::, 
.+:, 
., ..,-,:i;:  . 
.. 
. 
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<  :. 

I ROUTINE USEIS):  None. 

is application.  The request for 

t a d 0  F b a  R C S   N p  
6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JlJSnFlCATlON  FOR THE REQUEST  ti^^^ jn  /tern 14. sre ,j,smctjons 

on page 5 )  

7. IX if aPP/icablel AN APPLICATION WAS PR&IOUSLY  SUBMITIED ON IYYWMMDD) 

AND THIS FORM IS SUBMIlTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR  EVIDENCE.. 

m e d h l  records arc relevant to your  case.  pleese  send copied 

' REQUESTED D( one) 
RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 

(See Item  10 of the lnstmctions about counsel!epresentative.I 

I  r 

:  : 

, 

c.  E-MAIL 

.  * 

-

. 

d. FAX NUMBER Ilnclude Area  Code) 

,

. 

.

 

11. APPLICANT MUST SIGN IN I E M  13.a BELOW.  If the record in qoesiion is that of s deceased or incompetent person,  LEGAL PROOF OF DEATH OR 

INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant.  indicate 
the name /print)  . 
n - n  n  n  n .   n 

and relationship by marking a box below. 

I 

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DEPARTMENT OF THE AIR  FORCE 
HEADQUARTERS. 3 1 STH AIR  REFUELING  WING (AMC) 

GRAND FORKS AIR  FORCE BASE, NORTH DAKOTA 

-  , V A - -   - 

, - 

MEMORANDUM FOR 

FROM:  906 ARSICC 

9Sui? JmY 

,- 

SUBJECT:  Notification Memorandum 
1 .- I am recommending your discharge fiom the United States Air Force for Misconduct:  A 
Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service will be characterized as Honorable, Under Honorable Conditions (General), or 
Under Other than Honorable Conditions (U0THC)Discharge. I am recommending that your 
service be characterized as Under Honorable Conditions (General). 

2.  My reason for this action is: 

-  -*. 

ATV onto a truck, h 
in a garage, and clean the sto 

also did, between on or about 10 S 

,

 

A

a, ,,",-"* 

misconduct, your were court-martialed on 30 June 2004. (Attachment A) 

b. You were, between December 2002 to on or about May 2003, derelict in the 

performance of your duties in that you willfully failed to refiain fiom consuming alcohol while 
under the legal age of 21, as it was your duty to do.  For this act of misconduct, you received a 
ticket for "Minor in Possession" fiom the state of Texas and a Letter of Reprimand (LOR), dated 
24 June 2003.  An Unfavorable Information File (UIF) was established on 28 June 2003, and the 
LOR was placed in the UIF. (Attachment B) 

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 Capt 
on- 
expense. 

at  /?oo 

4.  You have the right to submit statements in your own behalf  Any statements you Want the 
separation authority to consider must reach me by  / Y ~ ~ ( " d o o c /  unless you request and 
receive an extension for good cause shown.  I will send th&  to the separation authority. 

21 i l i F D m ~ - ~ / 9  

sult counsel or to submit statements in your own behalf, your failure will 
f 

right to do so. 

. ....,,..  . . 
..i .;...  .  .  . 
 
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.. . 
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.. 
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. 
. 
. 
. 
- .  
.  . . 

. 
.

. 

:

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Group, 1599 J Street, Building 109 on /6 501 p- 
examination. 

eduled for a medical examination.  You must report to 3 19th Medical 

at  .  @9&d 

hours for the 

I 

7.  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 at Legal office. 

8.  Execute the attached aclcnowledgment and return it to me immediately. 

Commander 

, Attachments: 
1 . Supporting Documents 

a.  AF Form 1359, dated 30 Jun 04 (2 pgs) and AF Form 2329, dated 8 July 04 
b.  LOR, dated 24 June 03 (3 pgs) 

2.  Privacy Act Statement 
3.  Acknowledgement of Receipt of Notification Memorandum 
4.  Discharge Under AFI 36-3208 Memorandum 
5.  Personnel Information 

t