- -- - ICE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

- 

TYPE GEN 
-  COUNSEL 
No 
YES 
X 

I 

I 

X 
NAME  OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

A1C 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

1 

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"

 

VOTE ORT@CBOARD * 

HON 

GEN 

UOTHC 

OTHER 

DENY 
x +* 
x +* 

2 
3 
4 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

07 Feb 2006 
APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGEREVlEW BOARD DECISIONAL RATIONALE 

FD-2005-00171 

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Case heard at Washington, D.C. and Randolph AFB, Texas via video teleconference. 

Advise applicant of the decision of the 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. 

+  Change  RE  Code 

son  and  A u t h o r i t y  

SIGNATURE OF RECOR~ER  (/ I 

/ 

/. 

SIGN'ATURE OF BOAM P ' R E S I D ~ T  

L/ 

INDORSEMENT 

DATE:  2/8/2006 

TO: 

L 

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 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00171 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  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  (Dm), without  counsel,  at  Andrews AFB,  Maryland  and  Randolph  AFB, 
Texas on 07 Feb 2006 via video teleconfrence.  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  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: 

Issue 1.  Applicant contends the he was wrongfully accused of sleeping on duty on the flightline during the 
launch of a B-IB aircraft.  The evidence against the applicant consisted of written statements by three 
flightline NCOs, to include an E-7 Production Superintendent and an E-7 Expediter.  The applicant 
contended, both then and now, that he did not fall asleep on the flightline.  Despite his contention, the 
applicant's commander concluded that the applicant committed the act and imposed nonjudicial punishment. 
Thereafter, the commander initiated involuntary separation for a series of minor disciplinary infractions. 
After consideration of the applicant's  sworn testimony and the evidence of record, the Board determined that 
there was insufficient evidence to overturn the commander's  finding and concluded that the applicant had 
negligently performed his flightline duties.  Furthermore, the Board concluded that the characterization of 
the discharge received by the applicant was appropriate. 

Issue 2.  Applicant states that he was not permitted to see his base commander and that he was discharged 
from the military under duress.  Under AFI 5 1-202, Nonjudicial Punishment and AFI 36-3208, 
Administrative Separation ofAirmen,  the applicant was not entitled to a personal appearance before the wing 
commander.  The Board also noted that the applicant had consulted counsel during his two nonjudicial 
punishment actions and in his involuntary separation action.  The Board found no impropriety in any of these 
actions. 

Issue 3.  Finally, the applicant states that he has been a respectable, responsible individual with steady 
employment with Boeing Aerospace in San Antonio, Texas since his discharge.  He further stated that he 
was a father of two children and that he desired to serve his country again as did his grandfather, father and 
sister.  The DRB was pleased to see that the applicant was doing well, had a good job, and was soon to 
obtain a business management degree.  However, the Board concluded, in this case, that these facts did not 
raise a matter of inequity or impropriety which would warrant an upgrade or other relief. 

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 or other relief, 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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Dyess AFB, TX on 5 Aug 97 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Aug 74. Enlmt Age: 18 1/12.  Disch Age: 22 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-63,  G-59,  M-83. PAFSC: 2A6555 - Aircraft Pneudraulic 
Systems Journeyman.  DAS: 19 Jun 95. 

b.  Prior Sv:  (1) AFRes 22 Sep 92 -  08 Dec 92 (2 mos 1 day)(Inactive). 

(2)  Enlisted as AB 9 Dec 92 for 4 years.  Svd:  3 Yrs 00 Mos 
29 Das, all AMS.  Amn  -  09 Jun 93, A1C -  09 Apr 94, SrA -  09 Dec 95.  EPRs:  3,4. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 08 Jan 96 for 6 years. Svd: 01 Yrs 06 Mo 28 Das, all 

AMS . 

b.  Grade Status:  A1C -  14 Jul 97 (Article 15, 14 Jul 97) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Jul 97, Dyess AFB, TX -  Article 92.  You, who should 

of known of your duties, on or about 3 Jul 97, were 
derelict in the performance of your duties in that you 
negligently failed to refrain from sleeping on duty at 
or near the flightline on centerline 1, as it was your 
duty to do.  Reduction to AlC.  Forfeiture of $100.00 
pay per month for two months and fifteen days extra 
duty.  (Appeal/Denied) (No mitigation) 

(2) 07 Oct 96, Dyess AFB, TX -  Article 134. You, did, at or 

near Abilene, Texas, on or about 31 Jul 96, wrongfully 
have sexual intercourse with Lori Cox, a married woman 
not your wife.  Suspended reduction to A1C.  Forfeiture 
of $100.00 pay per month for two months.  Forty-five 
days extra duty and forty-five days restriction to base. 
(No appeal) (No mitigation) 

e.  Additional: RIC, 24 FEB 97 - Unsafe operation of a motor vehicle. 

LOR, 22 FEB 97 - Failure to obey a lawful order. 
RIC, 10 JAN 97 - Failure to make a scheduled appointment. 

f.  CM:  None. 

g.  Record of SV: 15 Apr 95 -  14 Apr 96  Dyess AFB  4  (Annual) 

15 Apr 96 -  14 Apr 97  Dyess AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFLSAR, AFTR, AFOSLTR, NDSM, SAEMR W/DEV, AFOUA W/1 

BOLC, AFGCM. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (10) Mos  (14) Das 
TAMS:  (04) Yrs  (07) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Apr 05. 

(Change Discharge to Honorable, and Change RE Code, Reason and Authority for 

Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 

2 5' APR  2005 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OMB No. 0704-0004 
Expires Aug 3 1,  2006 

AUTHORIN:  10 U.S.C.  1553;  E.O. 9397. 

T b  pubri reporting burden for  this collection of  information is estimated to average 30 minutes per response,  including the tima for  reviewing instructions. searching existing data sources. 
eatherind and maintaining the data needed,  and completina and reviewins the collection of  information.  Send comments resardina this burdan estimate or  any other aspea of  this wlledon 

~ c s ~ n d e n t s  should be aware 
that notwithstanding  any other provision of law,  no person shall be subject to any penalty for  failing to compb witb a collection of  information if it does not display a  currently valid OMB 
control  number.  PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ORGANIZATION.  RETURN COMWTED FORM TO THE APPROPRLATE  ADDRESS ON 
BACK OF THIS PAGE. 

I of information, including =uggestions for reducing the burden,  to the ~e~;rhnent of Defense,  Executive Services and ~omm&ic&ns  Dirsctorate [07~&). 
I PRINCIPAL PURPOSE(S1:  To apply for a change in the characterization or reason for  military discharge issued to an individual. 

ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Securitv Number is strictlv to assure oroDer identification of the individual and a~orooriate records. 
L 
1.  APPUCAIYT DATA  rrhe person whose discharge is to be reviewed).  PLEASE PRINT OR  TYPE JNFORMATION. 
a BRANCH OF SERVICE  (X one)  I 

..  . 
1 K I AIR  FORCE 

1 MARINE  CORPS 

I COAST GUARD 

PRIVACY ACT STATEMENT 

I  ARMY  1 

I  NAVY 

.  . 

I 

b.  NAME (Last, Fist, Middle lnirall 
2.  DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE CHARACTERIZATION RECEIVED (Xone) 1 5.  BOARD ACTION REQUESTED (X one) 

c.  GRADEMMU AT DISCHARGE 

d.  SOCIAL SECURIN NUMBER 

E-3 

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IYYYYMMRDi (If date is more than 15 years 
ago,  submit a DD  Form 149) 
19970807 

3.  UNIT AND LOCATION AT DISCHARGE 

: 

OR S ~ l ' ~ T I O N  

1  HONORABLE 

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%  GENERAUUNDER HONORABLE CONDITLONS 

UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only) 
UNCHARACTERRED 
OTHER  (Explain) 

1  % I CHANGE TO HONORABLE 
* 

CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERlZED 
{Not applicable for Air Force) 
CHANGENARRATIVE REASON FOR 
SEPARATION TO: 

* 

Page 3.1 

9th Bomb Squadron, Dyess A.F.B., 
T n ~ a s  
6.  ISSUES:  WHY  AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR M E  REQUEST (Continue in Item  14.  See instmctions on 
I request a change to my discharge code to allow me reentry into the United States Military.  I firmly believe that I was wrongly 
accused and opted to be discharged fkom the military under duress. A fellow airman and I were in the shop truck awaiting thS: 
imminent dwarture of a B-1B Lancer.  We were on the fli&tline in front of the aircraft with the windows down due to heat. 
H d g  
-  . 

was in use due to the running eng&s,   he shop radio was on the floor of the vehicle.  I was sitling in the drivers 

7. fXifapp/cablel AN APPLICATION WAS PRNlOUSLY SUBMITTED ON (WYYMMDDl 

. 

AND THISg+ORM iS SUBMllTED TO ADD ADDIT1ONAl. ISSUES,  JUSTIRCATION. OR  EVIDENCE. 

8.  IN SUPPORT  OF THlS APPLICATION,  THE FOUOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  (Continue in Item  17. 

If miKttary documents or medical records are rekvant to your  case, please send copies.) 

9.  TYPE OF REVIEW REQUESTED (X one) 

I CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL ~ L E  A ~ D  ANY ADDIT~NAL DOCUMENTATION 
SUBMITTED'BY  ME.  I AND/OR  (coumel/representativeJ W l l l  NOT APPEAR BEFORE THE BOARD. 
1 I AND/OR IcounseUre~resentativel WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
I wns~ln~~m.a-c. 

~ ~ O P O L I T A N  AREA. 

,,  i I AND/OR k~umeVrepresentetivel WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVEUNG PANEL CLOSEST TO 
J-  1 (enter city and state)  San Antonio. Texas 
(NOTE:  The Navy Discharge Review Board does not have a traveling paneLl 
10.a.  COUN~EL~EPRESEPITATNE 

Ilf any/ NAME (Last, FM, Middle Initial) AND ADDRESS  1 b.  TELEPHONE NUMBER f/ncM Area Cow 

I  (See Item  10 of  the instructions about counsd/repsentetive.l 

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71.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAL PROOF O f  

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the applition is signed by other than the applicant,  indicate 
the name fpriht) 

WlbOW 

WlDOWER 

NEXT OF KIN 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

(Fonverd notification of any change in address.) 

c.  E-MAIL 

d.  FAX NUMBER (lhclude Ama Code) 
I 

and relationship by markihg a box below. 
LEGAL REPRESENTATIVE 

1 b.  TEtEPHONE NUMBER (Include Area  Code) 

C.  E-MAIL k 

d.  FAX NUMBER ilnckrde Area CddeJ 

. 

- 

13.  CERTIFICATION. 

I make the foregoing statements,  as part of my claim,  with full knowledge of the 
peaalties invoked for wiHfully making a false statement or claim. (U.S. Code,  T7le  f8, Sections 287 
and  1001, provide  that an individual shall be fined under this titfe or imprisoned not more than 5 years, 
or both.) 

a.  SIGNATURE - REQUIR_ED_ IApplican~~r person in Item I 1 above) 

b.  DATE SIGNED -REQUIRED 

(YWYMMDD) 

20050419 

r 

CASE NUMBER 

(Do nor  write in this space.) 

. 

Fb  200.5- 
00 1 31 
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Page 1 of 4 Pages 

. Dl3 FORM 293, @I 

PREVIOUS EDITIONS ARE OBSOLETE. 

1 SPOUSE 
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14. CONTlNUATlON OF ITEM 6, ISSUES (If applicable) 
seat of the vehicle with my feuow airman sitting in the back of the van.  The expiditor truck pulled up with two master sergeants 
about 20 feet away f?om our vehicle.  They honked their horn to get my attention. When I looked in their direction they pulled 
closer to inform me that I was needed back at the AMU to pick up another of my fellow airman.  When I arrived at the AMU I was 
told to report to the section chief office.  When I walked into the section chiefs office the First sergeant proceded to read me my 
right. and informed me that I was being charged with dereliction of duty, asleep at post.  I received an article 15 of which I 
appealed.  I was informed that the base commander would not see me and that my only other option was to go before a General 
Courts Martial.  I was informed by my JAG officer that my choices were to either take the General Under Honorable Discharge 
fiom the article 15 or risk getting a possible Dishonorable Discharge fiom the Courts Martial.  S i r h i a d .  I have been a 
respectable, responsible individual ever since my military career was suddenly cut short  I have been steadily employed for the last 
6 years with Boeing Aerospace in San Antonio, Texas.  4 and a half of those years in a supervisory position.  I am a father of 2 great 
kids. And I would love to have the opportunity to serve my country again as did my grand father who was in the Army during the 
Korean war, father who retired fiom the Navy as an E-9 and my sister who is currently an E-5 in the Air Force over in Germany. 

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If appkable) 

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, 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http://arba.army.pentagon.rnil) 

AIR  FORCE 

Air Force Review Bhrds Agency 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph AFB, TX  781 50-4742 

t 
DD FORM 293,  MAR 2004 

NAVY AND lWARlNE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W. Rwrn 5500 
Washington,  DC  20593 

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Page 2 of 4 Pages 

! 

1. 
DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS  7TH BOMB WING (ACC) 

DYESS AIR FORCE BASE,  TEXAS 

MEMORANDUM FOR A 1 C 

FROM:  9 BSICC 

SUBJECT:  Letter of Notification 

29  Jul  97 

I.  I am recommending your discharge fiom the United States Air Force for Minor Disciplinary infractions.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49, dated 14 Oct 94.  If my 
recommendation is approved, your service will be characterized as Honorable or General.  I am recommending 
that your service be characterized as General (Under Honorable Conditions). 

2.  My reasons for this action are: 

a.  You were, on 3 Jul97, derelict in the performance of your duties in that you negligently failed to r e h i n  

from sleeping on duty at or near the flightline on centerline I, as it was your duty to do, as evidenced by AF Form 
3070, dated 28 Jul97. 

b.  You were, on 24 Feb 97, derelict in the performance of your duties in that you failed to follow safety rules 

and instructions while driving the Mule, as it was your duty to do, as evidenced by AF Form 174, dated 24 Feb 97. 

c.  You did, on 2 1 Feb 97, fail to obey a lawful order given to you by TSgt ! 

up on the F.O.D. walk, as it was your duty to do, as evidenced by LOR, dated 22 Feb 97. 

in that you did not form 

d.  You did, on 9 Jan 97, without authority, fail to go at the time prescribed to your appointed place of duty, as 

evidenced by AF Form 174, dated 10 Jan 97. 

e. You did, on 3 1 Jul96, wrongfully have sexual intercourse with 

evidenced by AF Form 3070, dated 8 Oct 96. 

a married woman not your wife, as 

Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The commander exercising SPCM jurisdiction or higher authority will decide whether you-will be 
discharged or retained in the Air Force and, if you are discharged, how your service will be characterized. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have made an 
97 at /3&7hours.  You may 
appointment for you to consult Capt 
consult civilian counsel at your own expense. 

, Area Defense Counsel, O ~ ~ Q J U ~  
3 

4.  You have the right to submit staterhents in your own behalf.  Any statements you want the separation authority 
to consider must reach me by 4 Aug 97,0800 hours, unless you request and receive an extension for good cause 
shown.  I will send them to the separation authority. 

..TI 

5.  If you f a 8 6  consult counsel or to submit statements in your own behalf, your failure will constitute a waiver of 
your right to do so. 

6.  You have been scheduled for a medical examination on 30 Jul97, at 0900 hours, at the 7th Medical Group 
Hospital, Physical Exams Section. 

Global p o w e r  Jor  A m e r i c a  

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974. A copy of AFPD 36- 
32 and AFI 36-3208 is available for your use in the orderly room. 

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

Attachments: 
1.  Airman's Receipt of 
Letter of Notification 

2.  AF Form 3070, dated 28 Jul97 
3.  AF Form 174, dated 24 Feb 97 
4.  AF Form  174, dated 22 Feb 97 
5.  AF Form  174, dated 10 Jan 97 
6.  AF Form 3070, dated 8 Oct 96