AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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,  .  EXHIBITS SUBMITTED TO THE BOAI(D 
ORDER APPOINTING THE BOARD 
APPl.,ICATION FOR  REVIEW OF DISCHARGE 
LEITER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COLNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPEARANCE 

 
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14 Feb 2006 r- 

FD-2005-00302 

IIEARING UAI E 

CASE NUMBER 

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APPLICANT'S ISSUE AVD ME  WARD'S DECISIONAL RATKWAL AKE DISCUSSEDON THE ATTACHED AIR R3P.a  W H A R G E  REVIEW BOARD DECISIONAL RATIC%4l.U 

Case heard at Washington, D.C. 

Advise applicant ofthe 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. 

+ RE Code 
* Reason and Authority 

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TO: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL C0UNC:II. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMrWD DR, EE WING, 3KU FLOOR 
AM)REWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAlV 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL FUTICBNALE 

CASE NllMBER 

FD-2005-00302 

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

?he 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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code is 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 it was unrepresentative of his military service.  The 
records  indicated  the  applicant  received  a  civilian  conviction  for  misconduct.  The  misconduct  was  for 
possession  of a handgun on school property and endangering the welfare of children when the weapon was 
accidentally  discharged.  The  DRB  took  note  of  the  applicant's  duty performance  as documented by  his 
performance  reports,  letters of recommendation  and other accomplishments.  The DRB recognized the fact 
that  the  applicant  had  completed  16  years  total  military  service  before  the  discharge  was  initiated,  but 
concluded  the  applicant's  misconduct  outweighed  the  positive  aspects of his  time  in  the  Air  Force.  The 
Board noted the applicant was entitled to request an administrative discharge board, but chose to waive this 
right.  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 requests that the Board retroactively date his discharge to read 28 Aug 2002, the actual date of 
his civilian conviction.  The Board noted that it is not in the purview of this board to change dates. No action 
was  taken  on  this  request.  Applicant  will  be  notified  to  contact  the Air  Force  Board  of Corrections for 
Military Records. 

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 GEN Disch fr Pittsburgh ARS  IAP, PA on 8 
O c t   04 UP AFI  36-3209, para 3.21.4  (Misconduct -  Civilian Conviction).  Appeals 
for Honorable Discharge, Change Reason and Authority for Discharge or Change Date 
of Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Jul 70.  Enlmt Age: 17 5/12.  Disch Age: 34 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-93,  G-94, M-74. PAFSC: IN051 -  Intelligence Journeyman. 
DAS: 22 Oct 01. 

b.  Prior Sv: (1) AFRes 08 Jan 88 -  29 Aug 88  (7 rnos 22 das)(lnactive) 

(2) Enlisted as AB on 30 Aug 88 for 4 years.  Svd:  3  yrs 09 
rnos  1 6   das.  Amn  -  28 Feb 89.  A1C  -  28 D e c   89.  SrA -  30 Aug 91.  EPRs: 3, 4, 4. 

( 3 )   ZRR  on 16 Jun 92  -  2 9   Aug 94 (All Inactive Service) . 

11 das, of which AMS  is 3 yrs 2 rnos  5 das.  S S g t   -  1 Feb  9 6 .  

( 4 )   Enlisted PA ANG  30 Aug 94 for 6 yrs.  Svd: 5 yrs 06 rnos 

which all w a s   A M S .  

(5)  Navy Res from 11 Feb 00 to 25 Feb 00; Svd: 15 das of 

21 das, of which AMS  is 1 yr 07 rnos 11 das. 

(6)  Reenlisted ANG 11 Mar 00 for 6 years.  Svd: 1.  yr 08 rnos 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted AF Res 2 Dec 01 for 6 years. Svd: 2 Yrs 10 Mo 07 Das, of 

which AMS  is 06 rnos  05 das. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e .   Additional: CIVILIAN CONVICTION, 28 AUG 0 2   -  Possession of Weapon on 

school property and endangering welfare of children. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  CRM, AFLSA, SWASM W/2 DEV, AFTR, NDSM, AFOSLTR, KLM, 

AFOUA, AFAM  W/1 DEV, AFGCM, ANGCM, ARFMSM. 

i.  Stmt of Sv:  TMS: (16) Yss  (01) Mos  (09) Das 
TAMS:  ( 0 8 )   Y r s   (01) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  AppLn  (DD  Fm 293) dtd 22 Dec 04. 

(Change Discharge to Honorable, Reason and Authority for Discharge or Date 

of Discharge.) 

Issue 1:  I would ask the board take one of two actions.  Ideally, I would 

ask that the discharge be upgraded to honorable, as my off-base convictions are 
unrepresentative of my ten-plus years of exemplary, unblemished service in the 
(active duty) Air Force, PA Air National Guard and Air Force Reserves.  If the 
board is unwilling to do so than please void, "Misconduct, Civilian Conviction," 
as it penalizes me two additional years from serving in any active duty, reserve 
or guard capacity.  In lieu of such an omission retroactively date my discharge 
to read 28 August 2002 -  the actual date of my civilian conviction.  August 11, 
2004 reflects the -date the USAFR ultimately outprocessed me -  an action 
initiated more than two years earlier. 

ATCR 
1.  Letter from PAARNG concerning reenlistment eligibility. 
2.  Discharge Order. 

DEPMTMENT OF TlfIE 

HORCE 

AIR FORCE BESERVE ~OMbfANO 

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that SSgt 

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RWWC IAW Am 36-3209,  Cfi@tcr3, BWaq D f ~ f  the: ronaona outllaod in tr-3 
CivilIan Condotion. The $j=ctfi~ rcsson for the; proposed diockwp is $$@ r 
plea  tp powdm of weapon on SG~OQJ proparty md  a l a ~ ~ & g  

ba discharped from ths Air Force 
321.4. 

the wlfh of cbiIdrm. 

f i l t y  

2.  rhpe of -don: 

Under Other Than Eonor~ble ConQldnns 

3.  M O W ~ Q ~  

h n  the ZBili*  mrd  fblbw; 

a Date aad tern of &ipmt: 

22 W 2001,6 ygsm 

b.  Date mWYU)T: N/A 
F.  Date of bittb: 13 Jdy 1970 
d TeroC: room: M-74, A 9 4  E.93, G-P1 

if any, afld ,www sad dates tbtmf: Name At tblr tlu16 an ndmhlrffrttve 
i. D a d - ,  
detlla?lin action muld mulf fn h*br  d a y  of tbls mapcrmt&~n UMQ~. 
ruen'oumnnlr of thh ~ltartinn, firthe? dthy would rsot be in the bcst bgocr#t of the UU8d 
Stcltu Alr Farra 

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P .80i2'002 

PAGE  02 

m. 0 v d  rstlngs rm m ~ m b e r ~ p t t d ~ ~ ~ ~ ~ ~ ~  
4 (29 Apr 10 De-ber 

1991) 

ropoot: 3 (29 April 1990), 4 0 9  4 ~ 4  

1991), Gd 

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n, Favorsbb commti&atiorrs,  citadm, or a d .
Alr Rano Achlcveuje~~t Modd with one ark hwf cltrster, Combat RcadJncsr Mad4 @ 
Lapgrrvity Service Award, TJauthwat Asia S m b a  W4 hF TraLab~ Rltrbaa, Nationnrl 
Psfemscl Bclvles W4 AF  Osemar L o y  Tour Ribbon, AP Gmd Coadn~t Mdll, 
~ r m a d  b a w e  Fomea Mtwhwhur & w b  Medal, Ah Fom Ont~~dlzrg Unit Award, 
a d  Ynwnlt Libbration Modd 
o.  Dm~gatary dab, o h r  thatt action by cow-dtrl or u n k  Article 15, UCW or #tee 
military mda: Nme 

. 

p, Mrdical or ethos data d t h g  conaideration: Nona 
q.  Fa mernkt~~ who have not cnmpIeted initid tfixinislg (bash or tMti@), sitmmuh 
progmo or dcacdlw: fhilu.re tn program:  N/A 

4* I hambve not caaductd bcxl  oouaatlhg with member. 

5.  b my judgmant, this shbuldlhuld not be reponad unda AFT  71 -101. 

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of cow, smtcming 
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