1  NAME OF SERVICE NI:MBTK  (I.AST, FIRST MIDDLE INITIAL) 

-- 

GRADE 

1  AFSNISSM 

AlR FORCE DISCHARGE REVIEW BOARD HEAFUNG KECORD 

T Y P E G E N  

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OFLUUNSEL AND ORORGANIZATION 

ADDRESS  AND OR ORGANIZATION OF COUNSEI, 

COm'EL 

Y t S  

NO 

X 

I  ORDER APPOINTING  THE BOARD 

1  1 
1  2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 

COUNSEL'S  KF,I,F.ASt '1'0 'I'IIF  I3OAlZl) 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

HEARING  1)A'T): 

1  05 Jun 2006 

CASE NUMBER 

I  FD-2005-00042 

I 

I 

APPLICAKT'S  ISSUE ANU'ME BOARD'S DECISIONAL  RATIONAL  A M  DISCL1FSED ON ME  A T A C H E D  AIR  FORCE DISCHARGE RRVIEW  BOARD D6CISIONAL RATIONALE 

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 nude available to the applicant at the applicant's request. 

1  X - Upgrade, change RE Code and change Reason & Authority are denied 

1 
1 
1 

I 
I 

I 

.----------_----------------------------------------------------.-----------------------------------------.--.--. 

INDORSEhIEWC 

DATE:  10/3/2006 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1504742 

I 

SECRE'TARV OF'I'HC AIR FORCK PERSONNELCOIJNCII. 
\IN  W R C h  DlbCHARGh  HEVlEn  W A R D  
l 5 3 S C O h l \ l \ h n   DH,FF n l Y G . 7 R D F l U O R  
~ Y D R E U S  ME, n m  ~07.5~-7002 

AFAQ FORM 0-2077, JAN 00 

Prcvious cdition will bc uscd 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

F 

CASE NUMBER 

FD-2005-00042 

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

The applicant was offered a personal appearance before the Discharge Review Board 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, change of reason and authority and change of thc reenlistment code are 
denied. 

The Board iinds 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 received a General discharge for Misconduct--Commission of a Serious Offense 

Issue  1 : Applicant contends that he was young and immature.  He states that that he is a more responsible 
and has learned from his past mistakes.  The DRB recognized the applicant was 2 1 years of age when the 
discharge took place.  However, there is no evidence he was immature or did not know right from wrong. 
The Board opined the applicant was older than the vast majority of first-term members who propcrly adhere 
to the Air Force's  standards of conduct.  The DRB concluded that the characterization of the applicant's 
discharge was appropriate due to the misconduct. 

Issue 2:  Applicant contends his court martial punishment was inequitable because another airman involved 
in the same incident only received a few weeks of corrective custody.  The records indicate that the applicant 
received three Records of Individual Counseling, a Letter of Counseling and a 1,etter of Reprimand for 
misconduct.  The misconduct included irresponsible driving with a government vchicle, failure to go and on 
leave without proper authorization, and parking in tlic roadway, irnpcding traffic.  The Board found the 
applicant's  issues to be without mcrit and concluded the misconduct was a significant departure from 
conduct expected of all military rncmbers.  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 i'or 
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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Grissom AFB, IN on 2 Oct 
92 UP AFR 39-10, para 5-49c (Misconduct -  commission of a Serious Offense). 
Appeals for Honorable Discharge and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jul 71.  Enlmt Age: 18 6/12.  Disch Age: 21 2/12. Educ: HS DXPL. 

AFQT: N I A .   A-51,  E-45,  G-41,  M-67. PAFSC: 55230 -  Apprentice Structural 
Specialist. DAS: 7 Jan 91. 

b.  Prior Sv:  (1) AFRes 1 Feb 90 -  7 Aug 90 (6 months 7 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 8 Aug 90 for 4 yrs. Svd: 2 Y r s   1 Mo 25 Das, of which AMS 

is 1 yr 10 months 11 days  (excludes 3 months 14 days lost time). 

b.  Grade Status:  AB -  7 Jul 92 (SCMO#2, 7 Jul 92) 

A1C  -  8 Dec 91 
Amn -  8 Feb 91 

c.  Time Lost:  11 Jun 92 thru 25 Sep 92 (3 months 14 days). 

d.  Art 15's:  None. 

e.  Additional: LOR, 30 MAR 92 -  Traffic Ticket for parking in the roadway 

and impeding traffic. 

LOC, 07 FEB 92 -  Unauthorized items in dormitory room. 
RIC, 25 SEP 91 -  On leave without authorization. 
RTC, 25 SEP 91 -  Failure to go, 
RIC, 09 APR 91 -  Irresponsible driving. 
18 APR 91 -  Second notice for dishonored check. 

f.  CM:  Special Court Martial Order No.2 -  7 Jul 92 

CHARGE:  Article 121. 

Specification:  Between on or about 1 Jan 92 and on or about 28 
Feb 92, steal a HILT1 ~ i r  Nailer, of a value in excess of $100.00, 
the property of the united States Government.  Plea: Guilty. 
Finding: Guilty.  Sentence adjudged on 11 Jun 92:  Confinement for 
4 months, forfeiture of $500.00 pay per month for 4 months  (only 
$300.00 pay per month for four months approved), and reduction to 
the grade of AB. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (2) Yrs  ( 4 )   Mos  (18) Das 

TAMS: (1) Yrs  (10) MOS (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Jan 05. 

(Change Discharge to Honorable and Change the RE Code, Reson and Authority 

for Discharge. ) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Two Character References. 

Dear Sirs and Madams, 

My name is : -----------------------: 
I am writing this letter to request that my discharge 
and re-entry code status be reexamined for modification. I was a young, immature boy 
during my twenty-six months of service in The United States Air Force.  I am now a 
responsible, thirty-three year old man, with a wife and two children.  I have been out of 
the United States Air Force for roughly thirteen years, but not a day goes by that I do not 
think about the good memories, and childish mistakes that I made. 

Throughout the years, my General Under Honorable discharge status has plagued my 

self-esteem and hindered my career. I have had several jobs in the past, but none have 
been as fulfilling as my short time in the military, when I served my country.  I have 
searched for a career that would consume my longing for the pride and honor that I had 
while serving my country, but have come up short.  For the past two years, I have tried to 
become a Law Enforcement Oficer, in hope of once again wearing a uniform and serving 
my country, but have been turned down every time because of my military past. 
The offense I was charged with was "theft of government property".  When 

questioned; I willingly admitted to my proticapation.  C-..-..-..-..-..-..--m 
: (another airman 
involved) received a few weeks in corrective custody, and I received loss of grade, four 
months in jail, and discharged early with a general under honorable status.  During my jail 
sentence I made several requests to my Squadron Commander, and Base Commander for 
retention instead of dismissal, but was denied,  I also contacted my Congressman, but did 
not receive a reply. 

, - - - - - - - - - - - - - - - - - - A  

, - - - - - - - - - - - - - - - - - . 

Today, I am still being punished for a crime that I committed over thirteen years ago. 
I have one bx&ey,  S ~ w j i l i s t  ; -. . -. . , . -. . -. . . .; and two cousins, Sargent : 
:and 
captain I ----- --- --- --- --- --I, currently serving in the National Guard in Iraq.  I am angry at 
myself and ashamed that I am not allowed to be over in Iraq by their side,helping  to 
protect our country and our families.  Please help me to put my shameful past behind me, 
and a future in fiont of me, by changing my discharge and re-entry code.  Please let me 
have a chance to prove myself worth to my country, my family, and myself. 

C...............' 

.---------------, 

DEPARTMENT  OF  THE  AIR  FORCE 
305TH  AIR  REFUELING  WING  (AMC) 

GRISSOM  A I R   FORCE.BASE,  INDIANA  46971-5000 

FROM: 

305  CES/CC 

SUBS:  N o t i f i c a t i o n   L e t t e r  

3 1 RUG 1992 

TO  :  , AB- i--- 

:-..-..-..-..-..-..-a, 

........................... 

- - - - - - - - - -I 
305  CES 

1.  I  am  recommending  your  d i s c h a r g e   from  t h e   United  S t a t e s   A i r   F o r c e   f o r  
Misconduct  - Commission  o f   a   S e r i o u s   Offense  - Other  S e r i o u s   O f f e n s e s .   The 
a u t h o r i t y   f o r   t h i s   a c t i o n   i s   AFR  39-10,  p a r a g r a p h   5-49c. 
i s   approved,  your  s e r v i c e  w i l l   be  c h a r a c t e r i z e d   a s   g e n e r a l .  

I f   my  recommendation 

2.  My  r e a s o n   f o r   t h i s   a c t i o n   i s   t h a t   between  on  o r   about  1 J a n u a r y   1992  and 
0%  o r  about  28  F e b r u a r y   1992,  you  s t o l e   a   HILTI  A i r   N a i l e r ,   t h e   p r o p e r t y   o f  
t h e   United  S t a t e s   Government.  T h i s   i s   evidenced  by  S p e c i a l   Court-Martial 
O r d e r   No.  2 ,   d a t e d   7   J u l y   1992. 

Copies  o f   t h e   documents  t o  b e   documents  t o  be  forwarded  t o   t h e   s e p a r a t i o n  
a u t h o r i t y   i n   s u p p o r t   o f   t h i s   recommendation  a r e   a t t a c h e d .   The  Commander 
e x e r c i s i n g   SPCM  j u r i s d i c t i o n   o r   a   h i g h e r   a u t h o r i t y   w i l l   d e c i d e   whether  you 
w i l l   b e   d i s c h a r g e d   o r   r e t a i n e d   i n   t h e   A i r   F o r c e ,   and  i f   you  a r e  d i s c h a r g e d ,  
I f   you  a r e   d i s c h a r g e d ,   you  w i l l   be 
how  your  s e r v i c e   w i l l   b e   c h a r a c t e r i z e d .  
i n e l i g i b l e   f o r   r e e n l i s t m e n t   i n   t h e   A i r   Force. 

3.  You  have  t h e   r i g h t   t o   c o n s u l t   c o u n s e l ,   M i l i t a r y   l e g a l   c o u n s e l   h a s   been 
o b t a i n e d   t o   a s s i s t   you. 
I  have  made  an  appointment  f o r   you  t o   c o n s u l t   Area 
Defense  Counsel,  C a p t a i n  ; ----------, 
You  may  c o n s u l t   c i v i l i a n   counsel  a t   your  own  expense. 

on  31  August  1 9 9 2  

a t  

1400 h r s .  

4 .   You  have  t h e   r i g h t   t o   submit  s t a t e m e n t s   i n   your  own  b e h a l f .   Any 
s t a t e m e n t s   you  want  t h e   s e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   must  r e a c h   me  by 

, u n l e s s   you  r e q u e s t   and  r e c e i v e   an  e x t e n s i o n   f o r   good 

354.p 

c a u s e   shown. 

I  w i l l   send  them  t o   t h e   s e p a r a t i o n   a u t h o r i t y .  

I f   you  f a i l   t o   c o n s u l t   counsel  o r   t o   submit  s t a t e m e n t s   i n   your  own  b e h a l f ,  

5. 
your  f a i l u r e   w i l l   c o n s t i t u t e   a   waiver  o f   your  r i g h t   t o   do  s o .  

6.  You  have  been  s c h e d u l e d   f o r   a ' m e d i c a l   e x a m i n a t i o n ,   You  must  r e p o r t   t o   t h e  
305th  S t r a t e g i c   C l i n i c ,   Bldg.  530,  a t   0715  h o u r s   on  11  September  1 9 9 2   , 
f o r   t h e   s e p a r a t i o n   examination. 

7.  Any  p e r s o n a l   i n f o r m a t i o n   you  f u r n i s h   i n  r e b u t t a l   i s   covered  by  t h e   P r i v a c y  
Act  S t a t e m e n t   a s   e x p l a i n e d   i n  AFR  39-10,  Attachment  6 .   A  copy  o f   AFR  39-10  is 
a v a i l a b l e   f o r   y o u r , . : ~ s e  i n  t h e   u n i t   o r d e r l y   room. 

8.  Execute  t h e   att'ached  acknowledgment  and  r e t u r n   i t   t o  me  immediately. 

Commander 

1.  S u p p o r t i n g   Document: 

,  a .   S p e c i a l   Court-Martial  Order  No.  2 ,  

d a t e d   7   J u l y   1992