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PERSONAL APPEARANCE 

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1  NAME OF COUNSEL AND OR ORGANIZATION 
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TYPE  GEN 

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YES 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

GRADE 

1  AMN 

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1 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

1 

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VOTE OF 'I'E&E.BOkRD 

GEN 

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I  OTHER 

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ISSUES 

A94.06 

INDEX NUMBER 

A67.90 

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1  1  I  ORDER APPOINTING THE BOARD 
2 
3 
4 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

-- 

HEARING DATE 

CASE NUMBER 

PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

I  APPLICANT'S ISSUE AM) M E  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL RATIONALE 

15 Nov 2006 

I 
1  Case heard in Washington, D.C. via video teleconference with Travis AFB, CA. 

1  FD-2005-00180 

1 

I 

I 

Advise applicant of the decision of the Board. 

I * CHANGE RE CODE 

CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTJjQRITY 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING. 3RD FLOOR 
ANDREWS AFB, MD 10761-7W1 

I 

(EF-V2) 

Previous edition will be used 

1 

1 

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1 

1 

1 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00180 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, 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 Travis 
AFB, CA via video teleconference with Andrews AFB on 15 Nov 2006. The following witness also testified 
on the applicant's  behalf: applicant's  father, Mr. Willie Famish. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. 

ISSUE:  Applicant contends discharge was inequitable because he was immature and it was too harsh. 
The records indicated the applicant received one Letter of Counseling, two Letters of Reprimand and one 
Article 15, for misconduct that involved two off-duty alcohol related incidents and twice having an 
unauthorized guest in the dormitory.  The DRB noted that the applicant was referred to ADAPT program 
after the second alcohol related incident and that no further alcohol related misconduct or incidents occurred 
after the second incident and completion of the ADAPT program.  The two incidents of an unauthorized 
guest in the dormitory occurred ten days apart and the Board examined the details of the circumstances 
concluding that the second incident showed poor judgment and warranted stern disciplinary action. 
Although the applicant contended he was immature, the DRB noted he was 22 years old at the time of 
discharge and was older than most first-term airmen.  The Board noted that although the applicant received a 
referral 2 EPR which closed out 14 Jun 04, that the applicant's  duty performance was documented as 
excellent and the applicant was a valued team player considered to have an excellent growth potential by 
supervisors.  The Board concluded the misconduct was a significant departure from conduct expected of all 
military members; however, the Board also noted there were no further incidents prior to initiation of 
discharge action 4 months later during which time the applicant continued to satisfactorily perform military 
duties.  Although the applicant did not contest his discharge, the DRB concluded that the discharge was too 
harsh based on the totality of the evidence of record, including the nature of the misconduct, the excellent 
duty performance, potential for growth, testimony during the Board proceeding, and post service conduct 
that reinforced the positive assessment made in 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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by an honorable discharge.  The applicant's  characterization 
should be changed to honorable, and reason for discharge should be changed to Secretarial Authority under 
the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Malmstrom AFB, MT on 10 Feb 
05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Oct 82.  Enlmt Age: 19 7/12.  Disch Age: 22 4/12. ~ d u c :  HS DIPL. 

AFQT: N/A.  A-65,  E-58,  G-48,  M-31. PAFSC: 2M033 - ~issile and Space 
~acilities ~pprentice. DAS: 16 Jun 03. 

b.  Prior Sv:  (1) AFRes 16 May 02 -  14 Oct 02  ( 5  months)(Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Amn  15 Oct 02 for 4 yrs. Svd: 2 Yrs 3 Mo 27 Das, of which 

AMS is 2 yrs 3 months 26 days  (excludes 1 day lost time). 

b.  Grade Status:  Amn  -  10 Sep 04 (Article 15, 10 Sep 04) 

A1C -  15 A u ~  03 

c.  Time Lost:  23 Apr 04 thru 23 Apr 04  (1 day). 

d.  Art 15's:  (1) 10 Sep 04, Malmstrom AFB, MT -  Article 92.  You, having 
knowledge of a lawful order, to wit: Malmstrom AFBI 32- 
6001, dated 12 Jun 97, an order which it was your duty 
to obey, did, on or about 25 Aug 04, fail to obey the 
same by wrongfully having an underage person in the 
dormitory.  Article 86.  You, did, on or about 30 Aug 
04, without authority, fail to go at the time prescribed 
to your appointed place of duty.  Reduction to AB  (below 
Airman suspended).  Restriction to Base for 60 days. 
(No appeal) (No mitigation) 

e.  Additional: LOC/UIF, 18 AUG 04 -  Having an underage girl in the 

LOR/CR, 02 APR 04 -  Driving under the influence of alcohol 
LOR, 27 AUG 03 -  Underage consumption of alcohol. 

dormitory. 

f.  CM:  None. 

g.  Record of SV: 15 Oct 02 -  14 Jun 04  Malmstrom AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/2 OLCS. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (8) Mos  (25) Das 
TAMS:  (2) Yrs  (3) MOS  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Apr 05. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

0 2  MAY  2@3 

%& 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this applicetion.l 

Form Approved 
OMB No.  0 7 0 4 0 0 0 4  
Expires Aug 3 1,  2 0 0 6  

The public reponhg burden tor this collection of  Informabon is eotlmeted to average 30 rnlnuts. per response, including the time for  revlewlng inrtructlons. searching existing dsta sources 
QathOrlng and malntahicg the data needed,  and completing and rsvlewinp the collsctlon of intormatoon.  Send cornmenta rapardii t h r  burden ntirnate or  any other aspect Of  this C~llectiOr 
of information. hduding auggeations for reducing the burden, to Department of  Deferme, Washington Headquarten Services, Directorate for  Information ope ratio^ and RBports 107046004l 
1216 Jeffanron Davb Highmy.  Suifa 1204,  Arlington,  VA  22202-4302.  Respondents should be aware that notwnhsfandlng any o h r  povislon of  law. no  Person shaU be subfect to  an) 
penam for  faillng to comply with a collectton of information If it does not dbplay a currently vald OMB  control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSEIS):  To apply for a change in the characterization or reason for military discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifyinn information may impede processing of this application.  The request for 
social Security Number is strictly to assure proper identificationof  the individual and appropriate records. 
1.  APPLICANT DATA  tTbe person whose discharge is to be reviewed).  PLEASE PRIM OR TYPE INFORMATION. 
a.  BRANCH OF SERVICE (X one)  I 
b. , M N E  fLasl.  fht. M W e  InitiaU -. -. . -. -. . -. . -. . 

K I  AIR FORCE 

1 MARINE CORPS 

c.  GRADEIRANK AT DISCHARGE 

1  COAST GUARD 

d. ~SOClAC~UBUY.WIMBEB -.-.; 

1  ARMY 

1  NAVY 

2.?DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE CHARACfERlZATlON RECEIVED (X one)  5.  BOARD ACTION REQUESTED (X one) 

I 

C....,.,,...........-..-.-..' 

(YYYYMMDDI llf date is mom than  15 years 
ago,  submit a DD Form  149) 

.ZOOS02 1 a 
, OR  SEPARATION 

3.  UNIT AND LOCATION AT DISCHARGE 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only) 
UNCHARACTERIZED 
OTHER /Explain) 
I 

X CHANGE TO HONORABLE 

CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not appticable for Air  Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in hem  14.  See instructions on 

I 

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; 

7. (X i f  appficablel AN APPLICATION WAS PRNIOUSLY SUBMITTED ON (WYYMMDD) 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR  NIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in /tern 17. 
1 

If military documents or medical records are relevant to your  case, please sand copies.) 

I 

B 

9.  TYPE OF REVIEW REQUESTED (X one} 

CONDUCT A RECORD RRllEW OF MY DISCHARGE BASED ON MY MIUTARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMllTED BY  ME.  I ANDlOR  /counsal/eppresentativel WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR fcounseVrepresentativel WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON. D.C.  METROPOUTAN AREA. 
I ANDlOR Icounse~representativ3 WIS  TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(enter city and state)  POS e d  1 C .  m.  qS&?b 1 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 

X 
10.a.  COUNSELIREPRESENTATIVE /If any) NAME (Last, m t ,  Middle /nitid/) AND ADDRESS 
- 

b.  TELEPHONE NUMBER Nnclude Area Code) 

(See hem  10 of the instructions about counse~repprssentativa.) 

c.  E-MAIL 

d.  FAX NUMBER llnclude Area Code) 

1 1.  APPLICANT MUST SIGN IN ITEM 13.6.  BELOW.  If the record in question i s  that of a deceased or incompetent person.  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the appllcant.  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOWER 

WIDOW 

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

,1..  i&mwrAoatit'~ian of aou-e;in 

address.) 

b.  T W W E  NUMBERUnJudc A r ~ ~ ~ G o d e l  

OTHER  l~pecifyl 
----------- 

I " - E ; ~ L - - . - . - - . . I . - . . - . . - . . . . - . - - . .  

d.  FAX NUMBER llncludeArea Code) 

penalties involved for willfully making a false statement or claim.  (U.S. Code,  Title  18, Sections 2 8 7  
and  1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.} 

a.  SIGNATURE - REQUIRED (Applicant orperson in ltem  11 above) 
. 
* 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

I 

+-. 

DD FORM ?9g; ~ ~ i ; " 2 0 0 3  

:- 

b.  DATE SIGNED - REQUIRED 
(YWYMMDDI 
m a s  03 28 

CASE NUMBER 

(Do not write in  this space.) 

F b W S -  
ml /SO 

PREVIOUS  EDITIONS  ARE OBSOLETE. 

Page 1 of 4 Pages 

14. CONTINUATION OF ITEM 6, ISSUES (If applicable/ 

 

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15. CONTINUATION OF ITEM 8. SUPPORTING DOCUMENTS (If applicable/ 

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16. REMARKS  (If applicable) 

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-  r. MAIL  COMPLETED APPLICATIONS  TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Reviey Boards Agency 
Support Division,  St.  Louis 
9700 Page Avenue 
St. Louis,  MO  631 32-5200 

. 

.  .  (See http:llarba.army.pentagon.mil) 

NAVY AND MARINE CORPS 

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

AIR FORCE 

COAST GUARD 

I  , -  

I 

Air Force Review Boards Agency 
SAFlMRBR 
550-C Street West,  Suite 40  . 
Randolph AFB,  TX  781 50-4742 

1 
I 
DD FORM 293; AUG 2003 

; 

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

I 
Page 2 of 4 Pages 

DEPARTMENT OF THE A16 

CE 

HEADQUARTERS 341ST SPACE WING (AFSPC) 

MEMORANDUM FOR 341 MMXS ( A m  limn! 

FROM:  341 MMXSICC fd 

.......................... 
.-..-.-..-..-..-..-..-..-. 

3 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for conduct prejudicial to good 
order and discipline.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If 
my recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 22 Jul03, you were involved in an off base incident in which you were stabbed during 
a physical altercation.  You admitted to consuming alcohol under the age of 21.  For this misconduct you 
received a letter of reprimand (LOR) dated 27 Aug 03. 

b.  On or about 27 Mar 04, you drove your vehicle while intoxicated.  For this misconduct, you 

received an LOR dated 2 Apr 04. 

c.  On or about 15 Aug 04, you failed to obey a lawful order by having an underage girl in your 
dormitory room.  For this misconduct, you received a letter of counseling (LOC) dated 18 Aug 04. 

d.  On or about 25 Aug 04, you failed to obey a lawful order by having an underage person in the 

dormitory.  Furthermore, on or about 30 Aug 04, you failed to report to your appointed place of duty at 
the time prescribed.  For this misconduct you received an Article 15 dated 10 Sep 04 with a punishment 
consisting of reduction to the grade of airman, with the reduction to the grade of airman basic (suspended) 
and restriction to MAFB fbr 60 days. 

. 

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 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. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have 
made an appointment for you to consult the Area Defense Counsel, ~4723,7015 Goddard Drive, Bldg 
. You may consult civilian counsel at your own 
145, Room 144 on  J5J41, 05  at  /8,3& 
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 by CO 
receive an extension for good cause shown 
authority. 

ill4end all submitted statements to the separation 

(3 duty days) unless you request and 

6 

FOR OFFICIAL USE ONLY 

Guardians of the High Frontier 

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 the 341 st Medical Group 
Force Health Management Section, x4405, at  0 2 3  D 
examination.  You MUST be in uniform for this appointment.  If you wear glasses, you must also bring 
them to this appointment. 

hours on $6 & 61S  for the 

8:  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974.  A copy of 
AFI 36-3208, Administrative Separation of  Aimzen, is available for your use at your orderly room. 

9.  Execute the attached acknowledgement and return it to me immediately. 

b.-..-.. 

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