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AF | DRB | CY2005 | FD2005-00201
Original file (FD2005-00201.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

UTIAL) 

GRADE 

1 LT 

TYPE GEN 

' q?N?sw 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANUATION  OF COUNSEL 

YES 

No 
X 

MEMBER SITTING 

ISSUES  A94.05 

INDEX NL'MBER 

A70.00 

HEARING DATE 

CASE NUMBER 

I 

( 

I 

I 

I 

EXHIBrrS SUBMITTED TO THE BOARD 

1  1  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

15 Dec 2005 
APPLICANT'S ISSUE AND THE BOARD'S QECISONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD OECISIOML RATIONALE 

FD-2005-00201 

I 

I 

I 

Case heard at Washington, D.C. 

I 

I 

I 

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  reqdest. 

4  +. 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

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 

FD-2005-00201 

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.  The records indicated the 
applicant  received  a  General  Court-Martial for  wrongfully  engaging  in  sexual  relations  and  committing 
indecent  acts  with  an  Airman.  Although  the  findings  of  guilty  and  the  sentence  were  disapproved, the 
convening authority separated the applicant with a General discharge.  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.  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 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 REVIFM BOARD 

ANDREWS AFB,  MD 

(Former 1LT) (HGH 1LT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Fairchild AFB, WA on 14 Apr 
03 UP AFI 36-3207, Chapter 2, Section C  (Resignation For The Good Of The 
Service).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Dec 75.  Enlmt Age: 22 5/12.  Disch Age: 27 3/12. Educ: Bachelor 

Degree. AFQT: N/A.  A-N/A,  E-N/A, G-N/A,  M-N/A. PAFSC: 33S1 -  Communications 
and Information Officer. DAS: 27 Jun 01. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Appointed as 2Lt and Ordered to EAD 27 May 98. Svd: 4 Yrs 10 Mo 19 Das, 

all M S .  

b.  Grade Status:  1Lt -  27 May 00 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 30 Jan 99 -  29 Jan 00  Randolph AFB  YE  (Annual) 

30 Jan 00 -  31 Aug 00  Randolph AFB  YE  (CRO) 
01 Sep 00 -  23 Mar 01  Randolph AFB  YE  (CRO) 
24 Mar 01 -  23 Mar 02  Fairchild AFB YE  (Annual) 

h.  Awards &  Decs:  AFCM, AFAM, AFOEA, AFLSAR, AFTR 

i.  Stmt of Sv:  TMS: (4) Yrs  (10) Mos  (19) Das 
TAMS: (4) Yrs  (10) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 May 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD  Form 214. 
3. AF  Form 475. 
4. Eight Character Statements. 
5. Air Force Commendation Medal. 
6. Air Force Achievement  Medal. 
7. Four AF ~ o r % s  707B. 
8. AF Form 375. 

Attachment 1 

My discharge was inequitable because it was based on one isolated incident 

during nearly five years of service with no other adverse action nor indication of anything 
but stellar service. 

I had served in the Air Force for nearly 5 years, not including my four years at the 
Air Force Academy.  During this time I have served the Air Force above and beyond the 
call of duty.  I have attached all of my OPR's which only show outstanding service to the 
Air Force and my country.  I have also attached letters fiom both enlisted personnel and 
officers who I have worked with and under.  All of these letters show my devotion to my 
country and the Air Force.  They also show a steadfast desire to serve my country to the 
best of my ability.  There is no doubt in my mind that I messed up.  1 fraternized with an 
enlisted personnel, one time,  This was a huge mistake that cost me the only career 1 have 
ever wanted.  Because of this mistake I was forced to leave the Air Force that had 
become my home and the career that 1 loved. I understand this, and hlly accept the 
consequences of my aetions.  The discharge characterization, however, I cannot accept.  I 
do not believe that the action done in a few minutes can characterize the service of five 
years. Far this reason I request that my  genera1 discharge be changed to an honorable 
discharge. 



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