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AIR FORCE DISCHARCiE REVIEW BOARD HEARING RECORD 

41'1 IAL) 

C;ILt DE 

1  A M N  

PERSONAL  A P P E A R A ~ C E  

RECORD REVIEW 

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ALBDRESS AND OR ORl.ANILA1 ION  OF COUNSFI. 

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MEMBER SITTING 

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VOTE OF TJ@ goalin 

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ISSUES  A93.01 

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A67.05 

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EXMlBITS SIIBMJTTED TO THE BOARD 

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I  ORDER APPOINTING THE BOARD 

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2  1  API'LICA'I'ION  FOR REVIEW OF DISCHARCiE 
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I  .E1'1'ER  OF N(3'TIFIC:ATION 
BRIEF OF PEKSONNEL FILE 
COIINSEL'S RELEASE TO THE ROARD 
ADDI'SIONAL EXHIBITS SUBM~TTED AT TIME O F  
PERSONAL APPEARANCE 
TAPE RECORDINCi OF PERSONAL APPEARANCE 

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bIEARING  DATE 

I'ASE NllMnER 

25 Jar) 2006 
APPLICANT'S ISSUE AWU  I'HE BOAIZD'S DECISIONAL RATIONAL  ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW  BOARD DECISIONAL  RATIQNALE 

FD-2005-00280 

Case heard at Washington,  D.C. 

I  Advise applicant of the dccision of the Board and the right to submit an application to the AFBCMR. 

Naines and votes w ~ l l  be made available to the applicant at the applicant's  request. 

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SAFIMRBR 
550 C STKEE'I" WES'I', SlJl 1-E 40 
RANDOLPH AFB. TX 78 150-4742 

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A F H Q  FORM 0-2077, JAN 00 

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(EF-V2) 

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DATE: 1127R006 

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHhRGE REVIEW ROARD 
1535 COMMAND DR. EE WING.3KD FLOOR 
ANDREWS AFB,  MI1 20762-7002 

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Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00280 

GENERAL:  The applicant appeals for i~pgradc of discharge to  honorable, to change the reason and  authority  for the 
discharge, and to change the reenlistment code. 

The applicant appeared  and te~tified before the rliscliarge  Review Board (DRR), without counsel, via videoconference 
at the Florida State Ar~nory, with  DRB deliberation  held  at Andrews AFB on 25 Jan 2006.  The following witness also 
testified on the applicant's  behalf: Ms 

the applicant's fiancde. 

Additional exhibits and evidence presented at the hearing:  None 

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

FINDINGS:  IJpgrade of discharge, change of rcasoli and authority for discharge, and change of reenlistment  code are 
denied. 

The  Board  finds  that  neither  tlic  evidence  of  record  nor  tliat  provided  by  tlie  applicant  substantiates an  inequity  or 
i~~tpropriety 

that would justify  a change of discliarge 

ISSUE:  The  applicant  submitted  no  written  issues  for  tlie  Board'?  consideration.  However,  in  testimony,  the 
applicant  ad~r~itted committing tlie offenses tliat  resulted  in  his discharge, citing liis youth and  immaturity at the time, 
while  cxprcssi~lg a  desire  re-enlist  into  lriilitary  scrvicc.  Sy>ecifically, the  applicant  testified  tliat  he  was  easily 
'The  applicant was  discharged  on  22 
influenced  by  others,  believed  to  be  liis  friends,  into  co~riinitting the  offenses. 
December  2004  with  a General  characterization  of service,  for a pattern of ~nisconduct - conduct  prejudicial  to good 
'I'lie  applicant received one 1,etter of Reprimand (LOR) on 20 August 2004, for a civilian arrest 
order and discipline. 
for tlie theft of an  item  (television  set) valued  between  $50 anci  $500 dollars, one Record of Individual  Counseling on 
20 September 2004 for failure to go at the time prescribed to his appointed  place of duty (Ray Orderly), followed by a 
Article  15, on 25 October 2004, as tlie definitive  non-judicial action for absenting tlie aforementioned  place of duty in 
order to transport a fellow airman to Mexico and to thereafter, in a clandestine manner, return himself back to his place 
of duty.  In  response  to the applicant's  LOR,  lie offered  an  explanation  of tlle  plan  devised  by  his  friends for him  to 
steal a television  utilizing  an  old  receipt fio~n a previous  like purchase. 
'I-lie  applicant testified  tliat  he was the only 
person  arrested  for the crime,  in  that  he  elected not to divulge tlie names of other participa~~ts 
in  the scheme.  For the 
applicant's  Article  15, he testified  tliat lie and a co-worker believed that they had  damaged a government vehicle while 
traversing  the grounds of Camp Bullis, Texas, and tliat through tlieir belief of getting into serious trouble, one airman 
decided he would escape the consequences by  going to Mexico; which tlie applicant agreed to facilitate by driving the 
escapee-owner  of the rr~eans of transportation,  and  later returning himself to CON US.  'I'he  Board  acknowledged  that 
tlie applicant had  received  a favorable 8-montli training  report, dated 23 November  2004.  The Roard was also pleased 
to  note that  since tlie applicant's  discharge  he  has  met  a young  lady with  whom  he  plans  to one day n~arry and  that 
they jointly  participate  in  counseling and  church  activities on  a regular  basis.  However,  the Board  believed  that tlie 
positive  aspects  of the  applicant's  military  service  and  post-military  activities  are  far  outweighed  by  the  negative 
aspects of his military service. 

CONCLUSIONS:  Tlie Discharge Review Board concludes that the discharge was consistent with tlie procedural  and 
substantive  requirements  of tlie discharge regulation and  was within  the discretion  of the discharge authority and that 
the applicant was provided full administrative due process. 

I n  view of tlie foregoing findings tlie Board fiirther co~icludes 11lat there exists no  legal or equitable basis for upgrade 
of discharge, tllus the applicant's discharge sliould not be changed. 

Attachment: 
Examiner's Rrief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Lackland AFB, TX on 22 Dec 04 
UP AFI  36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, to Change the RE Code, 
Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 04 Aug 83.  Enlmt Age:  20 4/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-54,  E-50,  G - 3 3 ,   M-40. PAFSC: 2Tlll - Vehicle Operations Helper. 
DAS: 23 A p r   04. 

b.  Prior S v :   None. 

3 .   SERVICE UNDER  =VIEW: 

a.  Enlisted as AB 10 Dec 03 for 6 yrs. Svd: 01 Yrs 00 Mo 13 Das, all M S .  

b.  Grade Status:  RMN  -  25 Oct 04 (Article 15, 25 Oct 04) 

A1C -  05 Mar 04 

c.  Time Lost:  None 

d.  Art 15's:  (1) 25 Oct 04, Lackland AFB, TX -  Article 86.  You, did, on 
or about 15 Sep 04, without authority, fail to go at  the 
time prescribed to your appointed place of duty. 
Reduction to Airman, 30 days extra duty, and a 
reprimand.  (Appeal/Denied) (No mitigation) 

e.  Additional: RIC, 20 SEP 04 -  Failure to go. 

LOR, 20 AUG 04 -  Civil arrest for theft. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (01) Yrs  (00) Mos  (13) Das 
TAMS: (01) Yrs  (00) Mos  (13) Das 

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

(Change Discharge to Honorable) 

Issue 1:  There are several reasons why a change is requested.  While in the 

Air Force I made a decision that ended my career.  Today I look back and regret 
what was done.  One reason why I'm requesting an upgrade is to attempt to regain 
the opportunity of being an Airman in the Air Force.  mother reason is to 
obtain reasonable employment.  During these past six months, I have thought 
seriously about the mistake I have made, and if given a second chance I 
willgratefully  (sic) cherish the oppertunity (sic). 

ATCH 
1.  DD Form 214  (Member 1 &  4). 
2 .   Article 15. 
3.  Record of Individual Counseling, 20 Sep 04. 
4.  Security Forces Report of Investigation. 
5 .   Vehicle Impoundment Report. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR A1 Cai 

FROM:  37 LRSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a Pattern of 
Misconduct; specifically, Conduct Prejudicial to Good Order and Discipline.  The basis for this 
action is AF'PD  36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service will be characterized as Honorable, Under Honorable Conditions (General) or 
Under Other Than Honorable Conditions.  I am recommending your service be characterized as 
Under Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  On 1 Jul04, you entered a guilty plea in Bexar County Court, San Antonio, Texas to the 

offense of Theft of $50 to $500.  After hearing the evidence and finding that it substantiated your 
guilt, the court deferred further proceedings without entering an adjudication of guilt.  As a 
result, you received 6 months probation, 24 hours of Community Service Restitution, a 
requirement to successfully complete Alternative to Shoplifting Education Program by 1 October 
04 and a Letter of Reprimand, dated20 Aug 04.  This LOR established an Unfavorable 
Information File. 

b.  On or about 15 Sep 04, you failed to go at the prescribed time to your appointed place of 

duty:  Building 1205. As a result, you received an Article 15, dated 25 Oct 04 and your 
punishment was reduction to the grade of E-2,30 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 SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the Air Force.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force and will probably be denied enlistment in 
any component of the armed forces. 

4.  You have the right to counsel.  Military legal counsel can be obtained to assist you.  An 
appointment can be made for you to meet with the Area Defense Counsel (ADC) at Building 
61 19, on  7 n,, 
at  /,oo  hours.  You may consult civilian counsel at your 
own expense. 

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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 (allow 3 workdays)  9 P E c  oq 
you request and receive an extension for good cause shown.  I will send them to thk separation 
authority. 

unless 

6.  If you fail to consult counsel or to submit statement 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 Willford Hall 
Medical Center, Family Medicine Clinic on  I3  Pec WZ/ at  0 9 ~ 0  hours.  You 
must pickup your medical, immunization, and dental records prior to the examination. 

8.  You have been scheduled for a Transition Assistance Program (TAP) briefing.  You must 
report to the Family Support Center, Bldg 1249, 1,56JStew-1? Street, on  7 D e c  JQOY  at 
/roo 

hours for an appointment with  m.5, L _ _ _ _ _ _ _ _ _ _ _ _ I  

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the Unit Personnel Office. 

10. Execute the attached acknowledgment and return it to me immediately. 

Commander 

1  Lt Col, USAF 

Attachments: 
1.  Letter of Reprimand, dated 20 Aug 04 
2.  Bexar County Court Condition of Misdemeanor Adult Probation Memo, dated 1 Jul04 
3.  AF Form 3070, dated 25 Oct 04 w/Atch 
4.  Unfavorable Lnformation File Summary, annotated