. 
. \ . 
I  NAME O F  SERVICE nIEh1BER (LAST, FIRST hlIDDLE INITIAI.) 

AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD 

GRADE 

SRA 

AFSNISSAN 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

TYPE GEN 
SCouNsns 

I 

I 

MEMBER SITTING 

A

'

_

 

VOTE OF xk@. BQARD 

HON 

GEN 

UOTHC 

2 
OTHER 

I  DENY 

lSSliES  A94.05 

I  INDEX NUMBER 

A67.50 

HEARING DATE 

CASE NUMBER 

X 

.  " ' ' EXHIBITS SUB$#$$E%D  TO THE BOARD 
ORDER APPOINTING  THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LElTER OF NOTIFICATION 
4  1  BRlEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

09 Nov 2005 
APPLICANT'S LSSLE AND THE BOARD'S DECISIONAL RATIONAL ARE IIISCUSSED OS THE ATTACIIED AIR FORCE DISCLIARGE REVIE\\,  BOARD DECISIONAL  RATION..UE 

FD-2005-00172 

I 

I 

I 

1  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. 
1  Names and votes will be made available to the applicant at the applicant's request. 

SJGNATURE O F  RECORDER 

A  - .  

SIGNATURE O F  BOARDPRESIDENT 

/' 

- -.  . -. - - -. --  INDORSEhlENT - - - 

I 

FROM: 

TO: 

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

.  .  . . .  .  - - 

DATE:  11/10/2005 

- .. 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD n O O 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-2005-00172 

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 justify  a change of discharge. 

ISSUE:  Applicant  contends discharge was  inequitable  because  it  was  too harsh  and based  on  an  isolated 
incident in 42 months of outstanding service.  The records indicated  the applicant was sentenced to 25  days 
of hard  labor  without  confinement, restriction  to  base  for  30  days,  and  forfeiture  of $50  per  pay  for  12 
months  after being  found  guilty by a Special Court Martial for willfully and wrongfully publicly  exposing 
himself.  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. 

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 

ANDRENS AF'B,  M D  

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Vandenberg AFB, CA on 6 Aug 
04 UP AFI 36-3208, para 5.52.3  (Pattern of Misconduct -  Commission of Serious 
Offense, Other Serious Offense).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Nov 81.  Enlmt Age: 19 2/12.  Disch Age: 22 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-42,  E-48,  G-39,  M-73. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 17 Jun 01. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  25 Jan 01 for 6 years. Svd: 03 Yrs 06 Mo 12 Das, all 

AMS . 

b.  Grade Status:  SrA -  9 Jul 03 
A1C -  9 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: NONE. 

f.  CM:  Special Court Martial -  11 Jun 04. 

CHARGE I:   is missed without prejudice after arraignment and prior 
to entry to plea. 

CHARGE 11:  Article 134. 

Specification 1:  Plea:  NG.  Finding: NG. 

,  USAF, 30 SFS, 
erg AFB, on or about 6 

Specification 2:  In that 
Vandenberg AFB, CA, did, a 
October 03, while at or near South Gate, Vandenberg AFB, CA, 
willfully and wrongfully expose in an indecent manner to public 
view his genitals.  Plea: NG.  Finding:  G, except the words, "on 
or about 6 October" substituting therefore the words, 'on  or about 
11 October," of the excepted words:  NG; of the substituted words: 
G. Sentence adjudged on 11 Jun 04:  To forfeit $50.00 pay per 
month for 12 months, to perform hard labor without confinement for 
25 days, and to be restricted to the limits of Vandenberg AFB for 

a period of 30 days.  Action:  Only so much of the sentence as 
provides for forfeiture of $110.02, hard labor without confinement 
for 25 days and restriction to the limits of Vandenberg AFB for a 
period of 30 days is approved and will be executed. 

g.  Record of SV: 25 Jun 01 -  15 Oct 02  Vandenberg AFB  5  (HAF DIR) 
16 Oct 02 -  15 Oct 03  Vandenberg AFB  5  (Annual) 
15 Oct 03 -  06 Aug  04  Vandenberg AFB  1  (CRO) REF 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (06) Mos  (12) Das 
TAMS:  (03) Yrs  (06) Mos  (12) Das 

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

(Change .Discharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incidend (sic) in 42 months of service with no other adverse action, and after a 
court martial finding had elected for me to remain in the service, with a 
punishment less than most ART 15 punishments.  I feel that after 42 months of 
outstanding service to include a tour in OEF &  OIF, my discharge was unjust. 

ATCH 
1.  Squadron Commander's Indorsement to DD Form 458, Charge Sheet. 
2.  Area Defense Counsel's Letter to Commander in Response to Discharge Action. 
3.  Special Courts Martial Order #6, 25 Aug 04. 
4.  Personal Data Sheet. 
5.  Certificate of Promotion. 
6.  Copies of two EPRs. 
7.  Character Reference. 
8.  Certificate of 'Honorary Award. 
9.  Copies of two Letters of Evaluation. 
10. Two Certificates of Training. 
11. Certificate of Appreciation. 
12. Certificate of Completion. 
13. Letter of Appreciation. 
14. Copy of AFAM Certificate. 
15. Eleven Character References. 
16. Copy of DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

30TH SPACE WING  (AFSPC) 

MEMORANDUM FOR 0. . 

. 

FROM:  30 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 
Commission of a Serious Offense; Other Serious Offenses.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.52.3.  If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge. I am recommending 
that your service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On 11 Jun 04, at a trial by special court-martial, you were found guilty of willfully and 

wrongfully exposing, in an indecent manner to public view, your genitals.  In accordance with a 
panel's finding of guilty, you received forfeiture of $50.00 per month for  12 months, hard labor 
without confinement for 25 days, and base restriction for 30 days.  Attached is the Report of Result 
of Trial, AF Form 1359, which summarizes the charges and specifications, pleas, findings, and 
sentence. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial Authority or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
discharge action is approved, how your discharge will be characterized.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, or 
education assistance you have received may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
You are to consult the Area Defense Counsel, Building 8500, ext. 6-3627128, immediately after 
receiving this.  You may consult civilian counsel at your own expense. 

5.  You have th'e  right to submit statements in yo 
separation authority to consider must reach me by 
request and receive an extension for good cause s 
authority. 

statements you want the 

(3 duty days) unless you 
m to the separation 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to 30 MDG at @&hours 
on  13  ,)uL 0 

GUARDIANS OF THE HIGH FRONTIER 

"Go Hawks" 

8.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense Counsel, 
Building 8500. 

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

C omrnander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum