NAME. OF SERVICF MFMRFR I1  AST  FlHC I'  Mll)nl  F INITIAL) 

G W D F  

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEAIIANCE 

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MEMBER SITTING 

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DENY 
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ISSIIES 

A92.02 
A02.15 

A94.07 

HEARING  DATE 

CASF NllhlBER 

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EXHIBITS SUBMl't"l'ED TO THE BOARD 

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ORDER APPOINTMG THE BOAKD 
APPLICATION FOR  RkVIEW OF DISCHARGE 
LETTFR O F  NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COlJNShL'S RELEASk 'I  0 TIIE BOARD 
AL)DITIC)NAL E X I I I B I T S ~ U B M I ~ I  
IJERSONAL APIit-ARANCE 

IEL) A ~ T I M E  ot 

IAI'E  KCCORDIN(;  O F  PERSONAI, APPEARANC'F 

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13 Fcb 2006 
APPLICANT'S  ISSUE AND THE BOARD'S I1FC ISlONAL RATIONAL  ARE DlSClJSSED ON TIE A I'IArHEU AIR FORCE DISCHAKOE  REVIEW BOARD l3tCISIONAL RATI0NAL.E 

FD-2005-00262 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  counsel, and the right to 
submit an application to the AFRCMR. 

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

+ RE  Code 
* Reason and Authority 

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1NDOKSEMENT 

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SAFIMKBK 
550 C STRkk I  WEST, SUITE 40 
RANIIOLPI I  AFB  TX 78 150-4742 

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DATE:  2/15/2OU6 
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SL(KETARY  O F T H E  AIR FORCL PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, LE WING, 3 R D  FlOOR 
ANnREWS APB, M D  10762-7002 

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AFHQ FORM 0-2077, .IAN 00 

(EF-V2) 

Previous edition  will  be used 

AIR FORCE DISCHARGE m V 1 E W  BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00262 

GENERAL:  The applicant appeals for upgrade of discharge to honorable general  and to change the reason 
and authority for the discharge, and to change the reenlistment code. 

The applicant was offered a personal  appearance before the Discharge Review Board (DRB) 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  and  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. 

ISSUES: 

1.  Applicant contends discharge was inequitable because he was falsely accused of rape.  The records 
indicated the applicant received three Letters of Reprimand and two Letters of Counseling for misconduct. 
The misconduct included lost government identification card, two counts of breaking Phase  1, lying to a 
commissioned officer, dereliction of duty, failure to go and unauthorized  absence from duty section.  The 
DRB opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The records also indicated that the applicant had court martial charges preferred for rape. 
The applicant asked to be discharged in lieu of trial by court martial.  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. 

2.  Applicant states that his discharge did not take into account the good things he did while in the service. 
The DRB took note of the applicant's duty performance as documented by his performance report and other 
accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the 
applicant's duty performance.  The majority of Board members concluded the discharge was appropriate for 
the reasons which were the basis for this case. 

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  REVXEW  BOARD 

ANDREWS AFB,  Mn 

(Former A1C) 

(HGH  A1C) 

1.  MATTER  UNDER  REVIEW:  A p p l   rec'd  a UOTH Disch fr Sheppard AFB,  TX on 1 2   A p r  
0 5   UP  A F I   3 6 - 3 2 0 8 ,   Chapter 4  (Triable by Court Martial).  Appeals for Honorable 
Discharge, and to Change  the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a.  DOB:  1 Nov  8 5 .   Enlmt Age: 17 9/12.  Disch Age: 19 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-23,  E-19,  G - 5 5 ,   M - 2 8 .  PAFSC: 4NOll -  Aerospace Medical Services 
Helper. DAS: 23 Feb 0 4 .  

b.  Prior Sv: (1) AFRes  2 6   A u g   0 3   -  2 8   Dec 0 3   ( 4   months 3  days)(Xnactive). 

3 .   SERVICE UNDER REVXEW: 

a.  Enlisted as AB 29 Dec  0 3   for 6 yrs. Svd: 01 Yrs 0 3   Mo 15 D a s ,   all AMS 

b .   Grade S t a t u s :   A1C -  13  Feb  0 4  

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e .   Additional: LOR, 03 MAR 05 -  Two counts of breaking phase 1 and 1 count 

of  lying to a commissioned officer. 

LOR, 1 4   FEB 0 5   -  Dereliction of duty and 2  phase 
LOC,  13 JAN 05 -  Failure to go. 
LOR, 01 OCT  0 4   -  Unauthorized absence from duty section for 

violations. 

LOC,  1 9   FEB  0 4   -  L o s t   I D   card. 

4 hours and 25 minutes. 

f .   CM:  None. 

g.  Record of SV: None. 

h .   A w a r d s   &  Decs:  AFTR,  NDSM,  GWOTS. 

i.  Stmt of Sv:  TMS:  (01) Yrs  ( 0 7 )   M O s   (18) D a s  
TAMS: ( 0 1 )   Yrs  ( 0 3 )  Mos  ( 1 5 )   Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm  2 9 3 )   dtd 2 3   Jun 0 5 .  

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

for Discharge) 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE  UNITED STATES 

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

I  OMBNo. 07040004 

Form Approved 

Expires Aug 3 1, 2006 

I 

The public reporting burden for  this collection of  information is estimated to average 30 mdnutes per  response,  including the time for reviewing instructions,  searching existing data sou;ces, 
gathering and  maintaining the data needed,  and completing and reviewing the collection of information.  Send comments regarding this burden estimate or  any other aswct of this collection 
of  information,  including suggestions  for  reducing the  burden,  to  the  Department of  Defense.  Executive Services and  Communications Directorate  (070eM)041. Respondents should be 
aware that notwithstanding any other provision of  law,  no person shall be subject to any penalty  for failing to comply with  a  collection of information  if it does not display a currently valid 
OM8 control  number.  PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ORGANIZATION.  RFTURN 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 rn~litary discharge  issued t o  an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate  records. 
1.  APPLICANT DATA  (The person  whose discharge is to be review&. 
a.  BRANCH OF SERVICE lX one)  I 
I ARMY 
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- 2. L,.  - -. ,.--.  .-..-- -.. --. -,-,  .,.. 

E- 2 
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RECEIVED fX one]  5.  BOARD ACTION REQUESTED IX one1 

PLEASE PRINT OR  TYPE INFORMATION. 
NAVY 

- I C.  GRADERANK AT DISCHARGE 

I d.  SOCIAL SECURITY NUMBER 

b.  NAME 11  nrr  F~mt M;dd/e /rritia/l 

MARINE CORPS 

COAST GUARD 

AIR FORCE 

,.  ,,,,,,,,.,, 

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(YYYYMMDD) (If date is more than  15 years 

,,,,ACTERIZATION 

,, 
HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT  (Specral court-marrial only) 
UNCHARACTERIZED 
ottim (Explain) 

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CHANGE f 0 HONORABLE 
CHANGE TO GENERAWNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZ ED 
(Not appl~cable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION  TO: 

3,  UNIT AND LOCATION AT  DISCHARGE 
3 ~ E p A R A T I P Y  
5 e p P ~ d  

T m n  #jx&S 

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'  7 .  (X if applicable) d~ APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYYYMMD~I 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL  ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  IContinue in Item 17. 

9.  TYPE OF REVIEW REQUESTED (X one) 
/(  CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL  DOCUMENTATION 
SUBMITTED BY ME.  I ANDlOR  Icounsel/representativel WILL NOT APPEAR BEFORE THE BOARD. 
I I AND/OR  IcounseVrepresenrativel WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD I N  THE 
WASHINGTON,  D.C.  METROPOUTAN AREA. 
I ANDlOR  Icounsel/representativel WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING  PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a tmveling panel.) 
(enter city and stare1 

1 O.a.  COUNSELIREPRESENTATIVE (If any] NAME [Last, First,  M~ddle In,t~a/] AND ADDRESS  I b.  TEEPHONE NUMBES IInclude Area  Code1 

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E. 

ll.  APPLICANT MUST &ION  IN ITEM 13.a.  BELOW,  If the record in question is that of ! deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant.  indicate 
the name (pri~rl 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

OTHER [Specify) 

NEXT OF KIN 

WIDOWER 

WIDOW 

d.  FAX NUMBER Nnclude Area Coaej 

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

/c-"..-",f  .."+:f:,.-.:-- 

:- -A,, 

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13.  CERTIFICATION. 

the foregoing statements,  as part of my claim,  with full knowledge of the 
penalties involved for  willfullyrmaking a false statement or claim.  (U.S. Code,  Title  18, Sections 287 
and  1001, provide  that an individual shall be fined under this  title or imprisoned not more rhan 5 years, 
or both.) 

I mak; 

d.  FAX NUMBER (Include Area  Coda1 
I 

a.  SIGNATME - REQUIRED IAwlicant or oerson h /rQA ! r  above) 

1 

IYYYYMMDD) 

b.  DATE SIGNED - REQUIRED 
3C05/0 11/33 

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PREVIOUS EDITIONS ARE  OBSOLETE. 

'"'  'I 

CASE NUMBER 

(Do not  write in this space.) 

F p g f l F -  
0026 

Page  1 of 4 Pages 

DD F ~ R M  PY, ~ A R  

2004 

1 6. REMARKS llf ap~l~cablel 
$,/he 

encloged  dmorc-nd~lw 

Cmvefi1nc;, 

t 

M \ /  

W l e   d&r~fnc-%n 

MAIL  C~MPLETED 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.arrny.pentagon.rnil) 

AIR  FORCE 

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

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DD FORM 293, MAR 2004 

NAVY AND MARINE 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  IG-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washingtoti,  DC  20593 

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Page 2 of  4 Pages 

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DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

Fpyms- 6aaH 

MEMORANDUM FOR 82 TRWICC 

FROM:  383 TRSICC 

SUBJECT:  Request for Discharge in Lieu of Trial by Court Martial - 

A1C 

1.  I recommend the attached request for discharge be approved for the following reasons: 
offense would normally warrant a General Court Martial 
Although A1 C 
and cannot be condoned, there were mitigating factors, which cause me to believe this 
request is in the best interests of the United States Air Force.  AlC 
has been 
subjected to the consequences of being phased back from phase I11 to pnase r  as a result 
of the investigation; this in and of itself restricted his liberty.  In addition, there is a 
potential that the circumstances of this case would not result in a conviction thereby 
inhibiting the Air Force's ability to impose good order and discipline.  An Under Other 
Than Honorable Conditions Discharge would ensure appropriate disposition and would 
reflect an accurate characterization of the discredit he has brought upon the United States 
Air Force. 

2.  If this request for discharge is approved, I recommend that A1C 
furnished an Under Other Than Honorable Conditions Discharge.  Member has not been 
promised or led to believe that the discharge to be issued would be anything except the 
worst authorized. 

be 

a.  Is not under investigation. 

b.  Is r~ot awaiting action under AFX  36-2503 and 36-3212, or another section of AFI 

36-3208. 

c.  Is not awaiting result of trial. 

d.  Is not absent without authority. 

e.  Is not absent in hands of civilian authorities. 

f.  Has been scheduled for a separation physical on 18 Mar 05,1300 hours.. 

g.  Is not in default with respect to public property or funds. 

h.  Has not completed 16 or more years of active military service. 

F p z ~ e 5 - w  Z ~ Z ,  

i. 

Is not accountable or responsible for public property or funds. 

j.  Has not received special pay, bonuses, or education assistance. 

4.  There has not been a report of recent misconduct. 

5.  Court-martial charges have been preferred.  Attached is a copy of charges, DD Form 
458, Charge Sheet. 

6.  Charges have not been referred for trial. 

7.  At the time of misconduct, AlC 
that caused him to lack the substantial c;iipac;liy either to appreciate the criminality 
(wrongfulness) of the acts, or to conform to the law (AFI 44-109).  He presently has the 
capacity to understand the nature of the proceedings and to assist in the defense. 

did not have a mental disease or defect 

8.  A1 C McCarthan does not hold a Reserve of the Air Force appointment as a 
commissioned or warrant officer. 

9.  Information fiom the military record follows: 

a.  Date and term of enlistment:  29 Dec 03,6 years; date this period of continuous 
active duty started:  29 Dec 03; pay-day:  29 Dec 03; TAFMSD: 29 Dec 03; and dates 
of prior service:  Delayed Enlistment Program: 26 Aug 03 to 28 Dec 03 

b.  Date of Birth:  1 Nov 85 

c.  Test Scores:  Admin -29;  Elect -24;  Gen -53;  Mech - 28 

d.  Fonnal Training:  Basic Military Training, 3 Oct 03; Member was discnrolled 
from Aero Medical Service Apprentice Course, J3AQR4N03 1-004 on 18 Mar 05 for 
academic reasons, 

e.  Date Assigned to Unit:  23 Feb 04 

f.  Current Grade and Effective Date:  A1 C, 13 Feb 04 

g.  Demotions:  Member has not been involved in any misconduct to warrant 
demotion. 

h.  Time Lost:  None 

i.  Record of Disciplinary Actions:  None. 

j.  Overall rating or ratings on Enlisted Performance Reports:  None. 

k.  Favorable communications, citations, or awards:  Air Force Training hbbon and 
National Defense Service Medal. 

1.  Derogatory data, other than action by court-martial or under Article 15, UCMJ:  See 
attachments 6 through 12. 

rn. Medical or other data meriting con side ratio^^:  None 

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Commander 

, Lt Col, USAF, BSC 

Attachments: 
1.  Request for Discharge In Lieu of Trial by Court Martial, undated with 1 atch 
2.  DD Form 458,8 Mar 05 
3.  OSI ROI, 9 Nov 04 w/12 exhibits, 
4.  AFOSI Form 158,21 Jan 05 
5.  A.FOSIForm 158,l Feb05 
6.  LOR, 3 Mar 05 
7.  LOR, 14Feb 05 
8.  LOC,  13 Jan 05 
9.  A1 C McCarthan response to LOC dated 13 Jan 05 
10. LOR,  1 Oct 04 
11. A1C McCarthan response to LOR dated 6 Oct 04 
12. LOR, 19 Feb 04 
13. Separation Physical