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AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD 

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COUNSEL 

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PERSONAL APPEAWCE 

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ISSIIFS  A92.35 

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A67.30 

HEARING DATE 

CASE NUMBER 

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-  . EXHIBITS SUBM~"I?EB mf%&BF*,*( , I 
ORDER APPONTING THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTLFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TOTIIE BOARD 
ADDITIONAL EXHIBITS SUBMIITEI) AT TIME OF-- 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

13 Feb 2006 
APPWCAKT'S ISSUE ANDTHE BOARD'S DECISI(XIAL RATIONAL ARB DISCUSSED ON Tin? ATTACHU) AIR  FORCE DLSC'HARGE REVIEW BOARD DECISWNAL RATIONALE 

FD-2005-00320 

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Case heard at Washington, D.C. 

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

SAFIM RBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 504742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D Q  EE WING, fRD FLOOR 
ANDREWS AFB, bm 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 

CASL NUMRLR 

FD-2005-00320 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 is denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  providcd  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant contends the discharge was inequitable because it was based on one isolated incident in 
seven years with no other adverse incidents.  The records indicated the applicant received an Article  15 for 
misconduct.  The misconduct included stealing merchandise from the base exchange valued at about 
$606.59.  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. 

CONC1,USIONS:  The  Discharge  Rcvicw  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 hrther 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 REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Maxwell AFB, AL on 8 Jun 04 
UP AFI 36-3208, para 5 . 5 2 . 3   (Commission of a Serious Offense).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Dec 77.  Enlmt Age: 18 6/12.  Disch Age: 26 5/12. Educ: WS DIPL. 
AFQT: N / A .   A-42,  E-35,  G-48,  M-35. PAFSC: 4N051 - Aerospace Medical Services 
Journeyman. DAS: 4 Nov 0 3 .  

b.  prior Sv: (1) AFRes 26 Jul 96 -  29 D e c   96 ( 5  months 4 days) (Inactive) 

for 5 months.  Svd: 3 yrs 4 months 3 days, all AMS. 
A p r   98.  E P R s :   3 ( R E F ) ,   3(REF), 3 .  

(2) Enlisted as AB 30 Dec 9 6   for 4 yrs.  Extention 6 Apr 00 
AMN  -  30 Jun 97.  A1C  -  30 

ART 15:  3 Aug 98, Holloman AFB, NM -  Article 107.  You did, on or 
about 22 Jul 98, with intent to deceive, make to Captain 

,  an official statement, to wit: that Amn 

a rlau  your AF 988, Leave Request Authorization, o, 

words t o   that effect, which statement was false in that Amn 
Gina C. Bovia did not have your AF 988, and was known by you 
to be so false.  You did, on or about 22 Jul 98, with intent 
an official statement, 
to deceive, make to Amn 
to wit: that you had misplaced Part III of your AF 988, 
Leave Request Authorization, or words to that effect, 
which statement was false, in that you had not misplaced 
AF Form 988, Leave Request Authorization, and was then known 
by you to be so false.  Suspended reduction to Airman. 
Thirty days extra duty. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as AlC 4 May 00 for 6 yrs.  Extended 14 Aug 03 for 8 months. 

Svd: 04 Yrs 01 Mo 04 Das, all AMS. 

b.  Grade S t a t u s :   Amn  -  01 Apr 04 (~rticle 15, 01 A p r   04) 

SrA -  10 Aug 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 01 Apr 04, Kunsan AB, Korea -  Article 121.  You, did, 

at or near Kadena AB, Okinawa Japan, on or about 25 Feb 
04, steal merchandise, of  a value of  about $606.59, the 

property of the Kadena AAF  Base Exchange Service. 
Reduction to 2413,  (below Arm  suspended) and 30 days extra 
duty. (No appeal)  (No  mitigation) 

e.  Additional: None. 

f .   CM:  N o n e .  

g.  Record of SV: 25 Feb 00 -  10 Dec 00  Osan AB 
11 Dec 00 -  10 Apr 01  Osan AB 
11 Apr 01 -  10 Apr 02  Andrews AFB  5  (Annual) 
11 A p r   02 -  10 A p r   03  Andrews AFB  5  (Annual) 
11 Apr 03 -  27 Aug 03  Andrews AFB  5  (CRO) 

4  (CRO) 
3  (CRO) 

h.  Awards &  Decs:  AFOUA, AFAM, NDSM, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS:  (07) Yrs (10) Mos  (14) Das 
TAMS: (07) Yrs  (05) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5  Aug 05. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was injustice because of one incident that happened 

in my 7 1/2 years of  service. 

ATCH 
None. 

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DEPARTMENT OF THE AIR FORCE 

8TH MEDICAL OPERATIONS SQUADRON 

KUNSAN AIR BASE 96264 

/=-p-+oo3= 

MEMORANDUM FOR AMh 

FROM:  8 MDOSICC 

SUBJECT: Notification Memorandum -- Board Hearing 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 
Commission of a Serious Offense, Other Serious Offenses. The authority for this action is AFPD 
36-32, Military Retirements and Separations, and MI  36-3208, Administrative Separation of 
Airmen, paragraph 5.52.3.  Copies of the documents to be forwarded to the separation authority to 
support this recommendation are attached. 

2.  My reason for this action is: 

On 25 February 2004, you were apprehended by Security Forces at Kadena Air Base, Japan, for 
stealing merchandise valued at $606.59 from the Base Exchange. For this action you were given 
an Article 15.  (Atch 1) 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) Discharge.  I am recommending that you receive an Under Honorable Conditions 
(General) Discharge.  The commander exercising special court-martial jurisdiction or a higher 
authority will make the final decision in this matter.  If you are discharged, you will be ineligible 
for reenlistment in the United States Air Force and will probably be denied enlistment in any 
component of the armed forces. 

4.  You have the right to: 

a.  Consult legal counsel, 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive 
any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to 8th Medical Group, 
Bldg 405 on 

hours for the examination. 

/  930 

(1 4 , at 

6 .  You have the right to consult counsel.  Military lec-'  -------I 
have made an appointment for you to consult Captain 

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-ibtained to assist you.  I 
at Bldg 301, on 

0 J  , at 

3 
hours.  Instead of the appointed counsel, you may have another, 
if the lawyer you request is in the active military service and is reasonably available as determined 
according to AFI 51-201, Administration ofMilitary Justice.  In  addition to military counsel, you 

IS00 

have the right to employ civilian counsel. The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your behalf.  I will send the statements to the discharge authority with 
the case file to be considered with this recommendation. If you fail to respond, your failure will 
constitute a waiver of the right to the board hearing. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFT  36-3208 is available for your use at Orderly Room. 

9.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

10. If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

v 

Commander 

, Lt Col, USAF 

Attachments: 
I.  AF Form 3070 (Art 15),  dtd 1 Apr 04, wlatch 
2.  Receipt of ~otification Memorandum