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AIR FORCE DISCHARGE REVIEW B O W  HEARING RECORD 

GRADE 

I  *B 

NAME OF SERVICE MEMBER (LAST, FIRST MXDDLE INITXAL) 

I 

MEMBER SITTING 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BIUEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

HEARING DATE 
17 Jan 2006 

CASE NUMBER 

FD-2005-00246 

Case heard at Washington, D.C. 

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

* CHANGE RE CODE PO  3K 

CHANGE  REASON AND AUTHORITY  FOR  DISCHARGE 

S!GL=!.J~p  R?Jcomm / 

4 

// 

SIGNATURE OF B

F

 PRESmgNT 

TO: 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE R E M W  BOARD 
15-31 COMMAND DR  WING. 3RD PLOOR 
ANDRXWS AFB, ~ ~ ' 2 0 7 6 %  
7002 

AFHQ FORM 0-2977, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2005-00246 

G E N E U :  The applicant appeals for upgrade of discharge to honorable, to change the reenlistment code 
and change the reason and authority for discharge. 

The  applicant  appeared  and testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 17 Jan 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5: Two Certificates 
Exhibit 6: Character reference letter 

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

FINDINGS:  The Board partially 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 reason and authority.  However, based upon the record 
and  evidence  provided  by  applicant, the  Board  k d s  the  applicant's  discharge service  characterization 
inequitable and believes his RE code should be changed. 

ISSUE:  The applicant argued, and the Board determined, that  under the  facts of the applicant's  case, his 
discharge  service  characterization was  inequitable.  The  Board  was  convinced  that  the  applicant  had 
committed  misconduct  which  was  the  reason  for  his  discharge.  The  applicant  presented  extensive 
extenuation  and  mitigation  evidence,  and,  under  the  particular  facts  of  his  case,  the  board  decided  his 
misconduct did not overshadow the overall quality of his service to the Air Force.  Therefore, it was decided 
to upgrade the service characterization but to leave the reason for discharge undisturbed.  Because the board 
found that an honorable service characterization was more appropriate and because the board was impressed 
by the respondent's  personal growth, post-service accomplishments and profound insight into his own past 
misconduct, the Board decided a change in RE: code was also warranted. 

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 f~ndings, the  Board  further concludes  that  the  overall quality of  the 
applicant's  service is more accurately reflected by an Honorable discharge.  The applicant's characterization 
should be  changed to Honorable under the provisions of  Title  10, USC  1553 and his re-enlistment code 
should be changed to 3K. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE  DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER  UNDER REVIEW:  Appl rec'd  a GEN Disch fr Ellsworth AFB, SD on 30 Oct 
96 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 fox Discharge. 

a. DOB: 28 Jun 74.  Enlmt Age: 20 9/12.  Disch Age: 22 4/12. ~duc: HS DIPL. 

E-53,  G-62,  M-47. PAFSC: 2W131 - Aircraft Armament Systems 

AFQT: N/A.  A-63, 
Apprentice. DAS: 8 Aug 95. 

b.  Prior Sv:  None. 

3 .   SERVICE UNDER  RWIEW: 

a.  ~nlisted as AB 6 Apr  95 for 4 yrs. Svd: 1 Yrs 6 Mo 25 Das, all AMS. 
b.  Grade Status:  AB  -  28 J u n   96 (Article 15, 22 Aug 96) 

-  6 Oct  95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Aug 96, Vacation, Ellsworth AFB,  SD -  Article 134. 

You, did, on divers occasions between on or about 3 May 
96 and on or about 6 Auq  96, wronsfully have sexual 
, a married woman not 
intercourse with 
your wife.  Reduction to AB.  (No appeal) (No mitigation) 

(2) 28 Jun 96, Ellsworth AFB, SD -  Article 134.  You, did, 
on or about 15 May 96, utter to the Ellsworth AFB Army 
and Air Force Exchange Service a certain check in the 
amount of $149.15, dated 15 May 96, drawn upon Fort Sill 
Nations Bank, made payable to Ellsworth AFB  Anny  and Air 
, for 
Force Exchange Service, and signed 
the purchase of things of value, and did thereafter 
dishonorably fail to maintain sufficient funds in said 
bank for payment of said check in full upon its 
presentment for payment.  Suspended reduction to AB. 
Thirty days extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOR, 17 APR 96 -  Missed roll call. 
RIC, 05 APR 96 -  Dereliction of duty. 
LOR/UIF, 01 MAR 96 -  Malingering. 
RIC, 09 FEB 96 -  Late for duty. 

RIC, 22 DEC 95 -  Financial irresponsibility. 

f.  CM:  Summary Court Martial -  19 Sep 96 

CHARGE I:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  In that Airman 
Squadron, did, within the territorial limits of South Dakota, 
between on or about 3 May 96 and on or about 7 Aug 96, wrongfully 
have sexual intercourse with 
not his wife.  Sentence adjudged on 12 Sep 96:  Forfeiture of 
$580 pay, 1 month hard labor without confinement, and 1 month 
restriction to Ellsworth AFB. 

, a married woman 

,  USAF, 37th Bomb 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  ( 0 6 )   Mos  (25) Das 
TAMS:  (01) Yrs  ( 0 6 )   Mos  (25)  Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD F'm  2 9 3 )  dtd 22 Mar 05. 

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

for Discharge) 

t 

Issue 1:  I feel that I was used to set an example.  My squadron commander 
was  new, and also a very religious man, that he didn't hide.  At the time of my 
Summary Court Martial two other military members, were not discharged, but 
reduced in rank and had to stay on base for a month.  I was discharged, but 
before that I was reduced in rank had  (sic) to stay on base.  I feel that my 
career was cut short for convictions of another person views  (sic).  1 would of 
made a career of the Air Force.  I want my RE Code changed and discharge type 
upgraded please.  I would like to rejoin the ranks of our military.  I would 
like to join the Army. 

ATCB 
None. 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS 28TH OPERATIONS GROUP (ACC) 
ELLSWORTH AIR  FORCE BASE,  SOUTH DAKOTA 

- -   - 

MEMORANDUM FOR AB 

..  . 

.  --,- 
FROM:  37 BS/CC 

&. .- .- 

SUE3JECZ  Notification Memorandum 

1.  I am r e c o m m e  your disoharge h u  the United States Air F m  for a pa- 
autbati@for &is  action is Am 36-3208, pmgapb 5.50.2,  Conduct Fkjd~iia to Order and Disciph. If 
my reammeadation- is approved, your service wdl be c h a r d  as honorable or ganerd,  I am 
mmmmdbg that your service be &mc&hd  as generaL 

of xnkdud.  The 

2. My reams for this action are: 

a.  You, did, betweea on or about 3 May 96 and an or about 7 Aug 96, wronghll~ have sexual intercourse 

with 
cour-&St 
of your suspended punishment for reduction to Aitman Basiu was vacated MI 23 Aug 96. 

on 12 Sep 96.  In addition, yau committed this act wbile mde suqmdd punishment.  That portion 

a married wamaa not your wife.  For your actions, you ware convicted by a summary 

b. ~cwabout15Msy96,youw~otea&~~the~~swoahbaseexchangeintheamountof$149.15, 

in the bar.& for Paymat of the check For your actions, you 

and dishonorably failed to maintain d c i e n t  
received an Article I5 dated 28 Jun 96. 

G & 6 ~ p 9 6 a n d 8 ~ p % ~ n r m i a d m ~ c d l .  Durjngthe~barcdoftheOpwStional~u 
Xnspedion, you were not at your appointed place of duty.  For your d o n s ,  ypu received a b#er of Reprimand 
(LOR) dated 17 Apr 96. 

d Da w about 5 Apt 96, yob wer& derelict in your duties, 

ybu did not comply with Technical Order 1B- 
the lower jaw bf  an aft launcher assembly was completeb locked  For 

1B-33-2-1, Module Loading, by ens* 
your actions, you were given a Letter of Counseling W C )  dated 5 Apr 96. 

e.  On 10 Feb 96, you were placed on a profde by Dr. ( 

fornot~over~potmds,stoopingor 

climbing.  On 1 1 Feb 96, you w m  w4wssed by two individuals at thk base fim Center lifting Weights while 
still cm pmfde.  For your aotions, you w i v e d  an LOR dated 1 Mar 96. 

f On 9 Feb 96, you reported late for duty.  For your d o n s  you m x i d  an LOC dated 9 Feb 96. 

g.  Ori 6 Dcc 95, the first sergeant ~ 4 v d  

a delinquent notice of your club ~ccouflt Again on 18 Deu 95, 

another delinqueat notice was received by th6 M sageant  On the same date,  a notice was received on an 
overdue h'bmy video in your possession, For you actions; you received an LOC dated 22 Dec 95. 

3.  Copies of the dcm.mm@ to be fawarded to the separation authority in mpport of this remmmezldatim me 
attachsd  The commander exercising SFCMj~lrisdicEion or a higher authority will decide whether you will be 
discharged or retained in the Air Fqrce, a+  ifyou 
me discharged, you will be ineligible for reenIistment in the Air Force. 

dkharged, how your service will be characterkd  If you 

4.  You have the right to ccmdt counsel.  Military legal counsel has been obtained to assist you. I made an 
appointment for you to consult Capt 
15 Od 96 at* 

hrs.  You m y  consult civilian counsel at your own expense. 

Area Defense Counsel, 5-2158, Bldg 2405 on 

. L. 

.- . 

5.  You have the right to submit statementi on your own khaK  Any &~fbn&ts"you want the separatian 
authority to consider must reach rme by 
shown.  I will send any matters you submit to the sepadon authority. 

unless you request and receive an extension for good cause 

-9h 

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 beea scheduled for a medid emmination  You must report to the Physical Exams Section of the 
Base Hospital at 0715 hrs on 16 Ocf 96 for tELe e;raminator~ This is a man* 
appoiahent, and you must be 
in uniform.  For & examination, fast fox  14 hours prior to the -tion, 
if you wear glasses, bring t h q  and 
if you wear contacts, remove them 24 hours prior to the -on. 

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8.  Any 
3208 is available for your use in your orderly room. 

information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy of AFI 36- 

9, Execute the a d e d  ~knowledgment and return it to me immediately. 

Attidmmts: 
1.  S u m  documents 

a.  Record of Trid by Smnmary CouFt-Martial  -X  12 Sep 96 aud 
Vacation Action - 23 Aug 96 
b.  Article 15 - 28 Jun96 
c.  JBR- 1.7Apr96 
d LOG-5&96 
e.  LOR-1Mw96 
h LOC-9Feb96 
g.  LX)C - 22 Dec 95 

2, Airman's Acknowledgment