AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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CaIfRSEL 

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SSGT 

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RECORD REVIEW 

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MEMBER SITTING 

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A92.35 
A94.05 

INDEX NUMBER 

A94.07 

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EXHIBITS S U & M ~ D  TO THE BOARD 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

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2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

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

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HEARING DATE 

CASE NUMBER 

19 May 2006 
APPLIWNI'S  ISSUE AND THE BOARD'S DECISIOhAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RA'IIONALE 

FD-2005-00253 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, 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. 

*Reason and Authority 
+Reenlistment Code 

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TO: 

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INDORSEMENT 

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FROM: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78150-4742 

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DATE:  5/22/2006 
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SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DQ  EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00253 

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 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: 

Applicant contends discharge was inequitable because it was too harsh and is based on one isolated incident. 
The records indicated the applicant was discharged from the Utah Air National Guard in accordance with 
AFI 36-3208, Chapter 4. Discharge in Lieu of Court Martial.  The applicant had four infractions within a 
twelve month period.  The first infraction was for simple assault and the other three infractions were for 
indecent exposure.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  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 for 
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 SSGT) (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr Utah ANG Base, Salt Lake 
City, UT on 10 Feb 03 UP AFI 36-3208, Chapter 4 (Discharge in Lieu of Court 
Martial).  Appeals for Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 27 May 76.  Enlmt Age: 18 4/12.  Disch Age: 26 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-38,  G-38,  M-72. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 18 Apr 95. 

b.  Prior Sv: (1) EnlistedANG as AB 25 Oct 94 for 4 yrs.  Svd: 2 yrs 5 

months 26 days, of which AMS is 6  months 18 days.  Amn -  11 Jul 95.  A1C  -  26 Feb 
96.  No performance reports. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted ANG as A1C 21 Apr 97 for 6 yrs. Svd: 05 Yrs 09 Mo 20 Das, of 

which AMS is 4 months 9 days. 

b.  Grade Status:  SSgt -  15 Aug 99 
SrA -  14 Aug 97 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  JMUA, AFOUA, NDSM, SAEMR, AFTR, UNGAR. 

i.  Stmt of Sv:  TMS:  (08) Yrs  (03) Mos  (16) Das 
TAMS: (01) Yrs  (10) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Jun 05. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Twenty Two Character References. 
3. Certificate of Achievement. 
4. Two Letters of Appreciation. 
5. Eight  Training Certificates. 
6. Copy of Military  Personnel Documents. 

TO: Members of the board for Review of Discharge 

From:  ; 

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Re: DD form 293 Item #6 

I believe that my discharge was inequitabIe because it was based on one isolated 

incident in my 8 '/z years of service to the State of Utah and the United States of America. 
I know that the decision was mine to accept the type of discharge that I received and I 
will not make excuses but I have realized that I still have a great t desire to serve in the 
United States Air Force1 Utah Air National Guard,  I have contacted recruiters and they 
have stated that I must get the discharge upgraded if at all possible before I can re-enlist. 
I understand that I brought discredit upon the United States Air Force and for this I am 
deeply sorry.  I also understand that I embarrassed my Unit and my family by my actions 
over 2 years ago. 

As I walk around and see men and women wearing the uniform of their branch of 

service I feel left out and ashamed.  There are very few words that I can use to describe 
how I feel.  I would like to give one of many examples of how this has affected my life. 
On July 4& 2003 shortly after I was discharged I was with my family at a local 4& of July 
parade.  As I was standing there and the parade was under way, one of the aircraft fiom 
my base, a KC-1 35 and several F-16 fighters flew over the parade route to kick off the 
celebrations.  As I stood there and saw the aircraft and heard the sounds of their engines, 
my heart sank and I had to fight to keep the tears back.  My son was with me also and 
mentioned something about the aircraft; I stated to him what type they were while I had a 
tear streaming down my cheek.  The parade then began with several dignitaries being 
driven down the parade route in several Humvees.  Once again the tears ran down my 
face.  While I was standing there watching the parade, I realized that I may never be able 
to wear the uniform of the United States Military ever again and this was very depressing. 
I have been going to the Utah Air National Guard base my entire 29 years of my life.  My 
father was also in the same unit that I was.  Most of the individuals in my unit I have 
known most of my life.  I have always known that I was going to serve in the military but 
I did not count on the way that my career ended.  If given the opportunity to continue to 
serve with the men and women of my unit, I know that I could restore the pride in both 
myself, my unit, the Utah Air National Guard and the United States Air Force.  The 
discharge I received had also affected my civilian life as it has made it very difficult to 
continue in my chosen profession as a police officer.  I have also promised my 6 year old 
son that I will do everything possible to become a "soldier"  again so that I can return to 
my "soldier work".  Thank you for your time in reviewing my evidence and considering 
me for a discharge upgrade. 

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R e c e i v e d   T i m e   Oct.21, 

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R e c e i v e d   Time  O c t .  21.  11: 1OAM 

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R e c e i v e d   Time  Oct. 21. 

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