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A94.53 

I t D E X  NUMBER 

A67.50 

IIEARINC DATE 

CASE NUMBER 

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I  ORDER APPOINTING  THE BOARD 

EXHIBITS  SUBMITTED TO THE BOARD 
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2  1  APPLICATION  FOR REVIEW OF DISCHAKGE 
3  1  LE.T'I'EK  OF NOTIFICATlON 
4  1  BRlEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDI'TIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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26 Jan 2006 
MPLICANf'S  ISSUE AND THE BOARD'S  DEClSlONAL  RATIONAL ARE D1SCUSS.W ON TI@ A'iTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00234 

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Case heard at Washington, D.C.  The applicant was offered a personal appearance before the Board via video teleconference 
between the Florida Sate Armory,  St. Augustine,  Florida and Andrews AFB, MD on 26 January 2006 but declined to 
exercise this right. 

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. 

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INDORSEMENT 

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FROM: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

DATE: 1n712006 

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SECRETARY OF TIIE AIR FORCE PERSONNEL COllNCll 
AIH FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DQ  EE U IN(;,  3KD FLOOR 
ANDREUS AIB. M D  20762-1002 

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TO: 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DTSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUhlRFH 

FD-2005-00234 

GENERAL:  The  applicant  appeals  for upgrade  of  discharge  to  honorable.  The  applicant was  offered  a 
personal  appearance  before  the  Discharge  Review  Board  (DRB)  via  video  teleconference  between  the 
Florida  State Armory,  St. Augustine,  Florida and  Andrews AFB, MD on 26 January  2006 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 the applicant submitted no issues contesting 
the equity or propriety  of the discharge, and after a thorough review of the record, the  Board was unable to 
identify any that would justify  a change of discharge. 

ISSUE:  The applicant provided  no  specific issue.  In his  application,  he  said "there  is no substantial  case 
that  I  can  present  to  you  with  to  overturn  my  discharge."  EIe  apologized  ibr his  mistakes,  discussed  his 
reasons for joining  the military and stated that he was trying to turn his life around by working and attending 
school but that he did not have enough money for tuition.  He said he applied for financial aid but had been 
denied it because of the nature of his discharge.  Ile asked the board to "open  a door" that would allow his to 
earn a college degree; and  he asserted he would  "never  take light to another chance in life that  people and 
God" provide him. 

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 

A I R   FORCE  DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Malmstrom AFB, MT on 31 Jan 
03 UP AFT 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 16 D e c   82.  Enlmt Age: 19 0/12.  Disch Age: 2 0   1/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-43,  G-36,  M-28. PAFSC: 3M031 -  Services Apprentice. 
DAS: 19 Jun  02. 

b.  Prior Sv: (1) AFRes 20 Dec 01 -  20 Feb  02  (2 months 1 day)(lnactive), 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 21 Feb 02 for 4 yrs. Svd: 00 Yrs 11 MO 11 Das, all M S .  

b.  Grade Status:  AB -  21 Nov 02  (Article 15, 21 Nov 02) 

Amn  -  21 AUCJ 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Dec 02, Malmstrom AFB, MT -  Article 

vnll 

h = x r ; n   7 

knowledge of a lawful order issued by 
Hill, to wit: no contact order for vou co rerraln Irom 
,  dated 23 Sep 
having any contact with 
02, an order which it was your duty to obey, did, at or 
near G ~ e a t  Falls, Montana, on or about 22 Oct 02, fail 
to obey the same by wrongfully having personal contact 
with 
about 12 Nov 02, with intent to deceive, sign an 
official document, to wit: response to nonjudicial 
punishment, which documents was false in that you 
related "I had no prior knowledge of 
coming to the place I was," and was then known by you to 
be so false.  Forfeiture of $552.00 pay.  Restriction to 
Malmstrom AFB, Montana for 30 days, 30 days extra duty, 
and a reprimand. (Appeal/Denied) (No mitigation) 

,  Article 107.  You did, on or 

( 2 )   21 Nov 02, Malmstrom AFB, MT -  Article 92.  You, having 

knowledge of a lawful order issued by 

to wit: a no contact order for you to refraln from 

dated 23  Sep 
having any contact with 
02, an order which it was your auLy LO oDey,  did, at or 
near Great Falls, Montana, on or about 5 Oct 02, fail to 

obev the same bv wrongfully having personal contact with 

Reduction to AB.  Suspended 

forfeiture of $552.00 pay.  Forty five days restriction, 
45 days extra duty, and a reprimand.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 25 OCT 02 -  Late to duty on two occasions. 

LOR, 08 OCT 02 -  Failure to go. 
LOR, 30 SEP 02 -  Disobeying a direct order, failure to 
respond to a notification of recall, 
missed dental appointment, and lying to 
dental personnel, a commissioned officer, 
and an NCO. 

f.  CM:  None. 

g .   Record of SV: None. 

h.  Awards &  Decs:  AFOUA, BMTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (01) Mos  (12) Das 
TAMS: (00) Yrs  (11) Mos  (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  AppLn  (DD Fm 293) dtd 09 Jun 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED  TO BRIEF. 

ATCH 
1. Applicant's Issues. 

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;  R P P O R T I N G   DOCUMENTS (X as applicable) (Please print name and Social Security Number on each documenrl 

I WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

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m ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION: (Continue on a plain sheet of paper if more space is needed.] 
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a.  DOCUMENT 1 : 

. 

. 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

8.  ISSUES 

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The  Board wil! consider any issue submitted by you prior t o  closing the case for deliberation.  The Board will also review the case t o  

determine whether there are any issues that provide a  basis for upgrading your discharge.  However,  the  6oard.i~ not required t o  respond in 
writing t o  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 additional issues on an attachment. 

I I HAVE LISTED AWlTlONAl ISSUES AS AN ATTACHMENT TO THIS APPLICATION. 

I PREVIOUSLY SU.pMlTTED AN APPLICATION ON /Enter dafel 
AND A M  COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

1 THE ABOVE  ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

9.  CERTIFICATION 

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

statement.  (U.S.  Code,  Title  18, Section  1001, provides that an individual shall be fined under this title or imprisoned nor more than 5 years, 
or both.) 

a.  DATE IYYYYMMDD) 

b.  SIGNATURE 

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ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SEMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http:/larba.army.pentagon.mil) 
DD FORM 293, DEC 2000 

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UPON COMPLETION,  MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

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NAVY & MARINE CORPS 

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

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AIR FORCE 

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COAST GUARD 

SAFIMIBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  781 50-4742 

Commandant (G-WPM) 
21 00 Second Street,  S.W. 
Washington,  DC  20593-0001 

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Page 2 of 4  Pages 

DEPARTMENT OF THE A I ~ .  3RCE 

HEADQUARTERS 341ST SPACE WING (AFSPC) 

MEMORANDUM FOR 34.1 SVS (ATTN:  AB 

(Date) 

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 M P D  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, under 
honorable conditions. 

2.  My reasons for this action are: 

a.  On 17 Sep 02, you failed to respond to an exercise recall notification as directed.  In 

addition, you also made a false official statement regarding your whereabouts during the recall. 
For this misconduct, you received a Letter of Reprimand (LOR) dated 30 Sep 02. 

b.  On 5 Oct 02, you were arrested by the Great Falls Police Department for 1st offense partner 

assault and minor in possession.  This information is documented on a GFPD Form I, Incident 
Report, dated 5 Oct 02. 

c.  On 2 Oct 02, you failed to report for a mandatory physical health assessment as directed. 

For this misconduct, you received an LOR dated 8 Oct 02. 

d.  On 22 Oct 02, you were arrested by the Great Falls Police Department for criminal 

mischief and minor in possession.  This information is documented on a GFPD Form 1, Incident 
Report, dated 22 Oct 02, 

e.  On 19 Oct 02, and again on 20 Oct 02, you failed to report for duty at the appointed time. 

For this misconduct, you received an LOR dated 25 Oct 02. 

f.  On or about 5 Oct 02. vou failed to obey a lawful no contact order issued by myself to have 

no contact with 
21 Nov 02, with the following punishment:  reduction to the grade of airman basic, forfeiture of 
$552.00 (suspended), restriction to Malmstrom AFB, MT for 45 days,  45 days extra duty, and a 
reprimand.  This document was placed in your unfavorable information file (UIF). 

For this misconduct, you received an Article 15 dated 

g.  On or about 22 Oct 02, you failed to obey a lawfil no contact order issued by myself to 

have no contact wid 

In addition, you made a false o-flficial statement 

FOR OFFICIAL USE ONLY 

Guardians of the High Frontier 

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regarding any prior knowledge of knowing 
would be at the same place as you.  For 
this misconduct, you received an Article 15/LTIF dated 27 Dec 02, with the following punishment: 
forfeiture of $552.00, restriction to Malmstrom AFB, MT for 30 days, 30 days extra duty, and a 
reprimand. 

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.  lf 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 145, Room 144 on  Y X L ~ R  0 7 
. You may consult civilian 
counsel at your own expense. 

at  O%:33 

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 COB  / 6  7611 CJ 3 
(3 duty days) unless 
you request and receive an extension for good cause shown.  I will send all submitted statements 
to the separation authority. 

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 341st Medical 
Group Force Health Management Section, ~ 3 6 1 3 ,  at fix : 3 
for 
the examination.  You MUST be in uniform for this appointment.  If you wear glasses, you must 
also bring them to this appointment. 

hours on [$,  , 

, 

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

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

Commander, 341st Services Sq 

pLt Col, USAF 

Attachments: 
1.  Supporting documents: 

a, LOR dated 30 Sep 02 
b.  GFPD Incident Report dated 5 Oct 02 
c.  LOR dated 8 Oct 02 

FOR OFFICIAL USE ONLY 

d. GFPD Incident Report dated 22 Oct 02 
e. LOR dated 25 Oct 02 
f.  Article 15LTIF dated 2 1 Nov 02 
g. Article 1 SLTIF dated 27 Dec 02 
h. Documents in Attachment 6 

2.  Airman's Receipt of Notification Memorandum