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AIR FORCE DISCHARGE REVIEW BOARD HEAlUNG RECORD 

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I E  OF SERVICE IClEklBER  (LAST, FIRST MIDDLE INITIAL) 

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PERSONAL APPEARANCF: 

VAME OFCOIINSEL AND OR ORGANIZATION 

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RECORD REVIEW 

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VOTE OF THE BOARn 

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hXl1IRITS SLBlIlTTED TO 1 H E  BOARD 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTlFICATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITlFD A ~ T I M E  01.' 
PERSONAL APPEARANCE 

LIEARING D A l  E 

CASE NUMBER 

TAPE RECORDlNG OF PERSONAL APPEARANCE 

15 Nov 2005 
APPLICAST'J ISSI :I: AVO T I E  BOARD'S DECISIONAI  R A T I O N U  AREDl5LUSSW 0% THE An'ACl(FS  AIR N R C E  DISCHARGE  REVLCW BOAKU DtCISlONA!  RATION.\LI: 

FD-2005-00187 

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Case heard  at Washington, D.C. 

Advise applicant of the decision of thc Board 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. 

. .,. 

SAF/MRBR 
550C STKEET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY O F  THE AIR FORCE PERSONNEL COIINCLL 
AIR  kUHCE DISCHAR(:E  REVIEW  BO,\HD 
I535 c OhfN,VIID DR, UE  S I N G ,  JIU) I1,OOW 
ANDREWS AFB, MD 10762-7002 

AFHQ FORM 0-2077,  JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00187 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on  15 Nov 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's  Contentions 
Exhibit #6: Student Training Report from Lackland AFB 
Exhibit #7: Three Character Letters from Margaret Tiez Nursing & Rehabilitation Center 
Exhibit #8: Loss Prevention Awards frorn Walmart 
Exhibit #9: Two Character Letters from Dunbar Armoured 
Exhibit #lo: Letter of Employment from VA Peninsula Regional Jail 

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  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. 

ISSUE:  Applicant  contends  discharge was  inequitable  because  it  was  based  on  a  minor  incident  in  two 
months of service with no other adverse action whatsoever. 

The records indicated  the applicant  received  a Special Court Martial conviction for wrongful  appropriation 
of a government owned vehicle and for making numerous false official statements. 

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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Buckley AFB, CO on 7 Oct 03 
UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable Involvement 
With Military Authorities).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Jun 83.  Enlmt Age: 19 0/12.  Disch Age: 20 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-48,  E-40,  G-42,  M-35. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 19 Aug 02. 

b.  Prior Sv: (1) AFRes 21 Jun 02 -  1 Jul 02 (11 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 Jul 02 for 6 yrs. Svd: 1 Yrs 3 Mo 6 Das, all AMS. 

b.  Grade Status:  AB -  1 Jul 03  (SPCMO No.10, 2 Jul 03) 

A1C -  16 Aug 02 

c.  Time Lost:  17 Jun 03 thru 12 Sep 03  (2 months 26 days). 

d.  Art  15's:  None. 

e.  Additional: None 

f.  CM:  Special Court Martial No.10 -  2 Jul 03 

CHARGE I:  Article 107.  Plea:  Guilty.  Finding:  Guilty. 

Specification 1:  Did 
deceive, make to MSgt 
that his Geneva Conventions Military Identification card had been 
broken and discarded, whi 
then known by the said A1 
Plea: Guilty.  Finding: G 

false, and was 
to be so false. 

out 8 Apr 03, with intent to 

an official statement, to wit: 

Specification 2:  Plea: NG.  Finding: Dismiss with prejudice 
(after arraignment) 

Specification 3:  Did 
deceive, make to SMSg 
wit: that he did not 
he had to drive to Wyoming to take his wife to a hospital 
emergency room, which statement was totally false, and was then 

r 03, with intent to 
an official statement, to 
e learning training because 

known by the said A1C 
Plea: Guilty except t 
learning training," substituting "attended his distance learning 
training late," of the excepted words, Not Guilty, of the 
substituted words, Guilty.  Finding: Guilty, except the words "did 
not attend his distance learning training," substituting "attended 
his distance learning training late," of the excepted words, Not 
Guilty, of the substituted words, Guilty. 

o be so false. 
his distance 

Specification 4:  Did, on or about 9 Apr 03, with intent to 
deceive, make to MS 
that he had found his Geneva Conventions Military Identification 
card in the dumpster and took it to the Military Personnel Flight 
and had a new Geneva Conventions Military Identification card 
issued, whic 
the said A1C. 
Finding: Gui 

false, and was then known by 
to be so false. Plea: Guilty. 

an official statement, to wit: 

CHARGE 11:  Article 121.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, on divers occasions, from between on or about 
1 Jan 03 to on or about 16 Apr 03, wrongfully appropriate 
Government Owned Vehicles, the property of the United States of 
America.  Plea: Guilty.  Finding: Guilty.  Sentence adjudged on 17 
Jun 03:  Reduced to the grade of Airman Basic, confined for one 
hundred five (105) days, and fined $700. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of Sv:  TMS:  (1) Yrs  (0) Mos  (21) Das 
TAMS:  (1) Yrs  (0) Mos  (10) Das 

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

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on a minor 

incident in 2 months of service with no other adverse action whatsoever. 

ATCH 
1. DD Form 214 

DEPARTMENT OF THE AIR FORCE  p2m-5- m/2'7 

460TH AIR  BASE WING (AFSPC) 

SEP 1 5 2003 

MEMORANDUM FOR 

,460  SFS 

SUBJECT: Notification Memorandum 

1.  I a.m  reconknending your discharge fi-om the United States Air Force for Discreditable 
Involvement with Military Authorities.  The authority for t h s  action is AFPD 36-32 and AFI 36- 
3208, under the provisions of paragraph 5.50.1.  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 t h s  action is a court-martial conviction on 17 June 2003 for wrongful 
appropriation of a Government Owned Vehicle and for making numerous false official 
statements. 

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 jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  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. 

4.  You have the right to consult counsel.  Military legal counsel can be reached at 
(303) 677-6967.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me NLT ~XCJ 
2003 
(3 workdays) unless you request and receive an extension fi-om me for good ca&e  shown.  I will 
send them to the separation authority. 

0 hours on  % 

S e  .P 

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 
the 460th Medical 
on  TI sf CJ  at 
Squadron, 830 S. Potornac Street, Primary Care Clinic, with Dr 
i333  hours.  If you wear eyeglasses, you must bring them with you.  Ifyou are unable to 
make any of your schedule appointments, you must' contact the First Sergeant immediately. 

4<2 

8.  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 the unit orderly room. 

Commander 

Attachments: 
1.  AF Fom 13 59 - ~ e b o r t  of Result of Trial 
2.  Special Court-Martial Order No. 10, dated 2 Jul 03 

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