AIR FORCE DISCIIARGF. REVIEW BOARD HRARING RECORD 

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PERSONAL APPEARANCE 

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MEMBER SITTI NC 

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1 ADDREbS AND OR OR(;ANIZATION  01.  COLINSEI. 
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1SblJLS  A93.09 

INDEX NUMBER 

A67.90 

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HEARING  DATE 

CASE NUMRER 

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2 
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EXIIIBITS SUBMITTED TO THE BOARD 

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ORDER APPOINTINC; 'TIIE BOARD 
APPI,ICATION  FOR REVIEW O k  DISCHAKGE 
LETTER OF NOTITICATION 
BRIEF OF PERSONNEL  FILL 
('OUN5EL'S  RELLASF T O  T11L RDARD 
ADDITIONAI.  tXIIIBITS SIJBb\.1ITTFII AT T1Mt Of 
PtRSONAL APPTARANUL: 

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T A P t  KCCORDING OF PkRSONAI.  APPCARANLL 

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27 Dec 2005 
AI'PLICANT'S ISSllE A I D  'THE BOARD'S  1)ECISIONAL RATIONAL AKE DISCLISSFV ON T t E  ATTACHED AIR FORCE DISCHrZRGEa.VIEW  BOARD DtCISIONAI.  RATIONALE 

FD-2005-00258 

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Case heard  at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counscl, and the right to 
submit an application to the AFUCIVIR 

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

7 0 :  

SAFIMRUR 
550 C S'I-REET WEST, SIJI'I'E  40 
RANDOLPI I  AFR. I'X  781 50-4742 

FROM: 

SECRETARY O F  THE AIR  FORCE PERSONNEL COlJNClL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR EE WING, 3RD FLOOR 
' ANOREWS AFB. MD 20712-7002 

AFHQ FORM 0-2077, .JAN 00 

(EF-V2) 

I'revious  edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMRER 

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FD-20(,5-00Z48 

GENERAL:  l'he  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. 

FIN DINGS:  I Jpgrade of discliarge is denied. 

Board  iinds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 

inequity or impropriety that would.;ustify a change of discharge. 

ISSUE:  Applicant  does  not  contest  Iiis  discharge.  He  states  that  he  is  now  a  better  person  and  a  llard 
worker.  l'he  records indicated  the applicant received three Article  15s.  The first one for stealing and selling 
a box  of aircrall warning streamers and  an aircraft landing light.  'She second one fbr spouse abuse, and the 
third  f'or wrongfi~lly exposing himself.  111 addition he also received two Letters of Reprimand for failing his 
yard  inspection three times  and  for dereliction of duty.  'X'he  DRR  opined that through these administrative 
actions,  the applicant  had  a~nple opportunities to  change his  negative  behavior.  The Board  concluded  the 
misconduct was a significant departure from conduct expected of all military members.  The characterization 
ofthe discharge received by the applicant was found to be appropriate.  l'he DRB was pleased  to see that the 
llowever, no  illequity  or  impropriety  in  his  discl~argc was 
applicant  was  doing  well  and  has  a  good job. 
suggested  or  found  in  the  course  01 the  hearing.  The  Board  concluded  the  misconduct  of the  applicant 
appropriately characterized his term of service. 

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: 
Exanlil~er's Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH SSgt) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Seymour Johnson AFB, NC on 17 
Dec 04 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 31 Oct 80.  Enlmt Age: 18 5/12.  Disch Age: 24 1/12. Educ: HS DIPL 

AFQT: N/A.  A-65,  E-75,  G-50,  M-61. PAFSC: 2A353A -  F-15 ~actical Aircraft 
Maintenance Journeyman. DAS: 2 2   May 00. 

b.  Prior Sv:  (1) AFRes 16 Apr 99 -  07 Sep 99 (4 months 22 days)(Inactive). 

3 .  

SERVICE  UNDER REVPEW: 

a.  Enlisted as AB 08 Sep 99 for 6 yrs. Svd: 05 Yrs 03 Mo 10 Das, all AMS. 

b.  Grade Status:  A1C  -  12 Nov 04 (Article 15, 12 Nov 04) 
SrA -  08 Jul 04  (Article 15, 08 Jul 04) 
SSgt -  01 Jun 04 
SrA -  21 Aug 02  (Mitigation of Article 15, 2 1   Aug 02) 
A1C -  23 Apr 02  (Article 15, 23 Apr 02) 
S r A   -  22 Feb 02 
AIC -  2 2   Oct 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Nov 04, Seymour Johnson AFB, NC -  Article 134.  You 

did, on or about 25 Jul 04, while traveling in a 
government vehicle with 1-willfully 
wrongfully expose in an indecent manner to public view 
your penis.  Reduction to A1C.  (No appeal) (No 
mitigation) 

and 

(2) 08 Jul 04, Seymour Johnson AFB, NC -  Article 128.  You 

did, on or about 13 Jun 04, unlawfully pushi-J 
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SrA.  (No appeal)  (No mitigation) 

$to  the ground with your hands.  Reduction to 

(3) 23 Apr 02,  Seymour Johnson AFB, NC -  Article 108.  You 

did, at or near Goldsboro, North Carolina, between on or 
about 1 Feb 02 and on or about 22 Mar 02, without proper 
aircraft safety warning 
authority, sell to -, 
streamers of a value of about $47.50, military property 
of the United States.  Article 121.  You did, at or near 

Seymour Johnson AFB, NC, between on or about 1 Feb 02 
and on or about 22 Mar 02, steal a box of aircraft 
warning streamers, of a value of about $95.00 and an 
aircraft landing light, of a value of about $37.20, both 
items being the property of the United States Air Force. 
Reduction to Airman  (in excess of A1C suspended). 
Thirty days correctional custody. (No appeal) Mitigate 
to: Suspended forfeiture of $100 pay.  New date of rank 
to SrA is 21 Aug 02. 

e.  Additional: LOR, 14 JUN 04 -  Failing yard inspection three times. 

LOR, 04 DEC 03 -  Dereliction of duty. 

f.  CM:  Nane. 

g.  Record of SV: 08 Sep 99 -  15 Apr 01  Seymour Johnson AFB  5  (Haf Dir) 
16 A p r   01 -  15 Apr 02  Seymour Johnson AFB  4  (Annual) 
16 Apr 02 -  15 Apr 03  Seymour Johnson AFB  4  (Annual) 
16 Apr 03 -  15 Apr 04  Seymour Johnson AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, NCOPMER, AFGCM. 

i.  Stmt of Sv:  TMS: (05) Yrs  (08) Mos  (02) Das 
TAMS: (05) Yrs  (03) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Jun 05. 

(Change Discharge to Honorable) 

TSSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

7.  SU PPORTl NG DOCUMENTS (X as applicable) (Please print  name ,?/id Social Security Number on wch document.) 
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I X  : WILL NOT BE S U F I M ~ E D .  PLEASE COMPLETE REVIEW B A Y O  ON AVAILABLE SERVICE RECORDS. 
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j  ARE LISTED BELOW AND ARE ATTACHED TO  THIS AWLICATION:  (Cot~rinue on a plain sheer ofpaper if more space is needed) 

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a.  DOCUMENT 1: 

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b.  DOCUMENT 2: 

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c.  DOCUMENT 3: 

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8.  ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need more space,  submit additibnal issues on an attachment. 

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am proud to say that I did my part to protect our country, ranging from Operation Nobel Eagle to Operation Iraqi 
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: I HAVE USTED ADDITIONAL ISSUES AS AN  ATTACHMEKT TO  THlS APPLICATION. 
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I I PREVIOUSLY SUBMITTED AN APPLICATION ON  F t e r  date) 
- - - : AND AM COMPLFTING THlS FORM IN ORDER  TO SUBMIT ADDWIONAL ISSUES. 

I 
1 THE ABOVE ISSUES SUPERSEDE AU. PREVIOUSLY SUBMITTED. 

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9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code,  Tite 78,  Section  7001, provides that an individualshall be fined under this title or imprisonednot more than 5years, 
or both.) 
. . . . . . . . . . . . . . . . . . . . .  
a.  DATE (YYYYMMDD) 

20050618 
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ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  631 32-5200 
(See http://arba.army.pentagon.rnil) 
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DD FORM 293, DEC 2000 

NAVY & MARINE CORPS 

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1  720 Kennon Street, S.E. 

: 
:  Naval Council of Personnel Boards ' 
:  Rm.  309 (NDRB) 
: Washington Navy Yard,  DC 
: 20374-5023 

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AIR FORCE 

COAST GUARD 

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: SAFlMlBR 
: 55@C  Street West,  Suite 40 
:  Randolph AFB, TX  78150-4742 : Washington,  DC 20593-0001 

: Commandant (G-WPM) 
: 2100 Second Street, S.W. 

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Page 2 of 4  Pages 

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DEPARTMENT OF THE AIR FORCE 

4th FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR FORCE BASE NC 

FROM:  4 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Conduct 
Prejudicial to Good Order and Discipline.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, para.5.50.2.  I am recommending that your service will be characterized as an Under 
Honorable Conditions (General) Discharge. If my recommendation is approved, your service will 
be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  Between on or about 1 Feb 2002 and on or about 22 Mar 2002, you without proper authority, 
sold t o w a i r c r a f t  safety warning streamers of a value of about $47.50, property of the 
United States Air Force.  Between on or about 1 Feb 2002 and on or about 22 Mar 2002, you 
stole a box of aircraft warning streamers, of a value of about $95.00 and an aircraft landing light, 
of a value of about $37.20, both items property of the United States Air Force.  These actions are 
documented in an AF Form 3070, dated 15 Apr 2002 (Tab la). 

b.  On or about 2 Dec 2003, you failed to perform a 180-day inspection on a TTU-T205 Tester. 
This was the third incident within a two week pexiod.  '13ere were other incidents involving 
missing items from tool boxes that you verified were installed.  These action are documented in 
a Letter of Reprimand, dated 4 Dec 2003 (Tab lb). 

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c.  Between on or about 1 1 May 2004 and on or about 25 May 2004, you failed your government 
housing yard inspection.  This action is documented in a Letter of Reprimand, dated 14 Jun 2004 
(Tab 1 c). 

d.  On or about 13 .Jun  2004, you unlawfully p
your hands.  This action is documented in AF For121 3070, dated 25 Jun 2004 (Tab Id). 

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e.  On or about 25 Jul2004, while traveling in a government vehicle with A l C  w 

you willfully and wrongfully exposed your penis in an indecent manner to public view.  This 
a c t i ~ n  is documented in AF Form 3070, dated 28 Oct 2004 (Tab le). 

3.  I have attached copies of the documents to be forwarded to the separation authority in support of 
this recommendation.  The commander exercising SPCM jurisdiction or higher authority will 
decide whether you will be discharged or retained 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 and 
any special pay, bonus, or education assistance funds may be subject to recoupment.  The 
separation authority will make the findings and recommendations required under 10 U.S.C. Section 
2005[g). 

4.  You have the right to consult counsel,  Military legal counsel has been obtained to assist you.  I 
,on  06  & b y ,  
have made an appointment for you to consult "at 
at  / 5 3 b   hours.  You may consult civ~lian counsel at your own expense. 

R O C  

5.  You have the right to submit statements in your 
separation authority to considkr must reach me by  q 
receive an extension for good cause shown.  I will send them'to  the separation authority. 

you want the 

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 
OL Ac. a 4  , at 

hours for the examination. 

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on 

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 at -Area Defense Counsel's Office or Orderly Room. 

9.  You have been scheduled for mandatory Transition Assistance Program (TAPS) counseling on 
06 h e .  

hours.  You must report to building 3602 for your TAPS counseling. 

2004 at  130 

10.  ~xec'kie the attacfied acknowledgment and return it to me immediately. 

Attachments: 
I.  Supporting Documents 

a.  AF Form 3070, dated 15 Apr 2002 
b.  Letter of Reprimand, dated 4 Dec 2003 
c.  Letter of Reprimand, dated 14 Jun 2004 
d.  AF Form 3070, dated 25 Jun 2004 
e.  AF Form 3070, dated 28 Oct 2004 

2.  Airman's  Receipt of Notification Memorandum 
3.  Airman's  Statement 
4.  Medical Evaluation 
5.  EPRs 
6.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 
Bonuses 

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