AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

VARIE OF SKH\'ICE  MEMBER (LlIST, FIKSI' MIDDLE INI'IIAI,) 
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YPE  GEN 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

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NAME OF ('OVNSEL  AND OR OHGANI%ATION, 

AUUKESS AND OR 0RI;ANIZATION  Ob  C OIINSEL 

MEMBER SITTING 

GRADE 

AMN 

AFSNISSAN 
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ISSUES 

A92.35 
A01.07 
A94.05 

INDEX  NUMBEU 

A67.30 

HEARING  UA  I  F 

CASE NllhlBER 

:ase heard at Washington, D.C 

X  *+ 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING TIIE BOARD 
APPLICA'l'lON  FOR REVltW OF DISCIIARCE 
LETTER OF NO'I'I PICATION 
BRIEF 01:  PERSONNEL FILE 
COUNSEL'S  REI.EASE  TO 'I'HE  BOARD 
ADDl'fIONAL  CXIIIBI I  S SUBMITTED A'f  TIME 01: 
PEKSONAL. APPEAKANC'F 

I'APF RECORDIN(? O F  PFRSONAL APPt ARANC'I: 

idvise applicant of the decision of the Board, the right to a persotial appearance withlwithout counsel, and the right to 
ubmit an applicatioli to the AFBCMR 

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

Reason and Authority 
-  Reenlistment Code 

TO: 

SAFIMKHR 
550 C STREET WES'I', SlJl'l'E  40 
RANDOLPII AFB, 'TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

bHOM: 

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(EF-V2) 

SECRETARY OF T H E  AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE  DISCHARGE  REVIEW  BOARD 
1535 COMMAND OR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2005-00330 

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 applicant was offered a personal appearance bel'ore 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 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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh for one isolated incident in 
30 months of service.  The records indicated the applicant received an Article  15 for misconduct.  The 
Article  15 stated the applicant was derelict in the performance of his duties in that he negligently failed to 
maintain current registration on his vehicle; resisted being apprehended by 35t" Security Forces; and 
operated a vehicle in a reckless manner by driving at a high rate of speed and failing to stop at a posted stop 
sign.  This misconduct resulted  in reduction in grade to airman basic and restriction to Misawa AB for thirty 
days.  The DRB opined that through these administrative actions, the applicant had ample opportunities to 
change his negative behavior.  The Board concluded the n~isconduct 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. 

Issue 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 reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  Applicant contends the discharge was improper because the 35th FWICC informed him that he 
would receive an honorable discharge.  The DRB took note of applicant's contention and determined that the 
35t'1 Fighter Wing Commander was not the final discharge authority.  The administrative discharge was 
properly elevated to the next level of command, 5th ~ i
conditions (general) discharge.  The DRB concludes that the discharge was consistent with the procedural 
and substantive requirements of the discharge instruction and was within the discretion of the discharge 
authority and that the applicant was provided full administrative due process. 

Force Commander, who directed an under honorable 

r

 

Issue 4.  Applicant claims he was questioned by  Security Forces members without a rights advisement, in 
violation of Article 3 1, UCMJ, and that his discharge was improperly based on these statements.  The 
applicant was represented by counsel for both his Article  15 and his administrative discharge and submitted 
a response to each action.  Neither response clainled a violation of Article 3 1.  The applicant failed to 
provide sufficient evidence to the Board to show that his Article 3 1 rights were violated.  Instead, the 
summary of the Security Forces interview with the applicant, AF Form 3545, indicates the investigators had 
no reason to suspect the applicant of a crime until he spontaneously confessed after being advised to tell the 

truth.  Moreover, the applicant stated on the attachment to his DD Form 293 that the Security Forces 
members were surprised when he "blurted out 'I did it!"'  At that point, the applicant was read his rights.  He 
requested a lawyer and the interview was terminated.  The Board found no impropriety in the Security 
Forces interview. 

CONCLUSIONS: 
l'he  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 ior 
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 AMN) 

(HGH  SRA) 

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1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr Misawa AB, Japan on 16 Oct 04 
UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB:  2 2   Dec  82.  Enlmt Age: 19 3/12.  Disch Age: 22 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-96,  E-98,  G-98,  M-91. PAFSC: 2A332 -  Avionic Systems Apprentice. 
DAS: 27 Feb 03. 

b.  Prior Sv:  (1) AFRes 5 Apr 02 -  13 May 02  (I month 9  days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 14 May 02 for 6 yrs. Svd: 02 Yrs 05 Mo 03 Das, all AMS 

b,  Grade Status:  Arnn  -  18 Aug 04 (Article 15, 18 Aug 04) 

SrA -  14 Mar 04 

c.  Time Lost:  None. 

d ,   Art  15,s:  (1) 18 Aug 04, Misawa AB, Japan -  Article 92.  You, who 

knew or should have known of your duties, on or about 22 
Jun 04, were derelict in the performance of those duties 
in that you negligently failed to maintain current 
registration on your vehicle, as it was your duty to do. 
Article 95.  You. did. on or about 22 Jun 04. resist 
being apprehended by SSgt 1. .......................... :, 
Security Forces, a person authorized to apprehend the 
accused.  Article 111.  You, did, on 22 J U ~  04, in the 
parking lot of the Misawa Life Plaza, operate a vehicle, 
to wit: a passenger car, in a reckless manner by driving 
at a high rate of speed and failing to stop at a posted 
stop sign.  Reduction to AB  (reduction below Airman 
suspended).  Restriction to the limits of Misawa AB for 
30 days.  Reprimand.  (No appeal) (No mitigation) 

............................. 

I  3sth 

e.  Additional: None. 

f.  CM:  None. 
g.  Record of SV: 14 May 02 -  15 Oct 03  Misawa AB  5  (HAF  Dir) 

h.  Awards  &  Decs:  NDSM, AFOUA, AFTR, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (06) Mos  (12) Das 
TAMS:  (02) Yrs  (05) Mos  ( 0 3 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd  03 Aug  0 5 .  

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

for Discharge) 

ISSUES ATTACHED TO BRIEF, 

ATCH 
1, Applicant's Issues. 
2. Three Letters of Appreciation. 
3 .  Ten Letters of Recommendation. 
4 .  Involuntary Discharge Approval. 
5 .  Response to Discharge Notification. 
6 .  Email Correspondence. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DlSMlSSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Ueasa mad i n s t m c t h  on Pages 3 and 4 BEFORE comphting this appllcat/on.) 

Form Approved 
OMB NO.  07w-oow 
Expires Aug 3 1,  2006 

Tho  publg mpurUng bvrkn for *la  colhtlon of lnfmadm Ir artinntad lo awrrgo 30 minuton par mwnob. includnp lhr timm fw rwbrvinq inrtrwUon6, sawcMng doting dam roursu. 
glthring and rnmhndninn h m  I t b  wdd, bnd oomplning and reviewing lha cdbctbn of  informtion. 8md commls mplrdha thil burdrn anmnr of any  othar umn of rNr coli~ctlon 
of  Information. lnclud'm# ru#pInlonr Mc rmclng rho bvdm, to Dapanmnl of  0.fmn. Wawhington MrcMuanam Sorvlcar, Dlr.clarla f a  Infwrnarisn Opmrndons md  R w r
 10704.0M)41. 
1215 Jdlmraon Orvlr nighwry, Bull*  12W. Arlington,  VA  22202-4302.  Ramponkntt ahould ba  rwarr thN nslwilhrundin# sny other  provirion of  law,  no  prson rhrll be rubpct to any 
mndtv for fdlha t o  oomDlv wle a dlutlon of Infermallon it It h
&BE 
AUTHORITY:  10 U.S.C.  1553: E.O.  9397. 

DO NOT R ~ U R N  YOUR  FORM TO THE ABOVE ADDREG. RETURN COMPETED  FORM TO THE APPROPRIATE  ADDRESS ON BACK OF THIS  PAGE. 

I PRINCIPAL PURPOSE(6): To apply  for a changa In thR characterization or reason for military discharge issued t o  an Individual. 

ROUTINE USEIS):  Nono. 
DISCLOSURE:  Voluntarv:  however,  failure to wovidr ~dsntifying information may impede processing of this application.  The request for 
Soclal Security  Number 

strictly t o  assurs proper ldontiflcatlon-of  the individuel.and-appropriata records. 

 not d d a v  a ounrnlly valid OM6 contml numhr. 

PRIVACY ACT STATEMENT 

m

a.  GRADEIRANK AT 6tSCHARCE 

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d.  SOCIAL SECURITY  NUMER 

OR  SEPARATION 

35th AMXS, Misawa AB Japan 

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Pa  (r 3.1 

AN UPGRADE M CHANGE 18 REQUESTED AND JUSTIFICATION  FOR THE REQUEST /Continue in hem 14.  See instruct/ons on 

6.  I S U E B ~  
I.)  dne offense in 30 months of otherwise flawless service. 2.) Given an Honorable Discharge!~  Brig. Gen. I - - j 35th FWICC, 
- - -:. This was without any notice or 
then due to an "error in discharge authority", recicved a General discharge by  Lt. Gen. [------- 
contact from any superiors in my chain.  3.) Was not properly read Article 31 rights prior to interrogation by Security Forces. 

,--- 

7. IX if opplicablel AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYYYMMDDI 

AND  THIS FORM 16 GUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR EVIDENCE. 

N SUPPORT OF THIS APPLICATION, 
If  m7ita  documents ot medical words ere reievenl lo your caee. pleese send c0piss.l 

' 8 .  
E-mails, fiernorandurns, Letter of Commendation, Flight Commanders Award, Letter of Achievement, 8 Letters of 
Recommendation 

FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Conrmnue ~n /tom  f 7. 

9.  TYPE OF REVIEW REQUESTED (X one) 
I ., I CONDUCT A RECORD REVIEW OF MY DISCHAROE EAMD ON MY MILITARY PERBONNEL FILE AND ANY  ADDITIONAL DOCUMENTATION 

1 SUBMITTED BY ME.  I AND/OR Icouns&eprmentativel  WILL NOT APEAR BePORE THE WARP,  - 
I I ANDIM I ~ ~ ~ n $ ~ ~ o p n m t a l l v s I  
I WASHINGTON, D.C. METROPOUTAN AREA. 
I AND/OR Imml/mpresenratlve)  WISH f O  APPeAH AT A HEARING AT NO EXPENSE TO THE  GOVERNMENT BEFORE A TRAVELING PANEL GLOEEST  TO  ' 
(NOTE:  The hbvy fichorgs Review Roerd does no1 have B treveling panel./ 
Iunter city and stare) 

WISH TO A P E M  AT A HE4RING AT NO EXPENSE TO ME GOVERNMENT BEFORE THE  BOARD IN THE  - 

10.a. C O U N G E L I R E P R E ~ M M #  11n'liol) AND ADDRESS  I b.  TELEPHONE NUMBER Ilnclude Area Cod.) 

/See hem  10 af rha insrructlons abut counsoUreprsseniaiiva./ 

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o.  E-MAIL 

d.  F A X  NUMBER /Include Area Code) 

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11.  APPLICANT MUST SlQN IN ITEM 13.a. BELOW.  I f  the tewrd i n  qwstion is that of a decesrsd or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the ap  Ilcatlori Is rlgned by orher than the applicant, Indicate 
the riama Iw/nti 

and reletlon&lp  by morklng s box below. 
EQAL  REPRESENTAT~VE 

OTHER /~aec//y/ 

WIDOW  n WIDOWER 

NEXT OF KIN 

IForwarcl norUlcrt/on at any chanpe in 8ddresa.l 

1 a m u s e  
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12.a.  CURRENT MAILING ADDRESS 6F AWUCAN'F OR  PERSON 
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13.  CERTIFICATION. 

I make tho foregoing datm~~antr. sr part of my clalm. wlth full knowkdge of the 
penaWea Involved for willfully making a false rtntomant w claim.  (U.S. Code,  Title 18,  Sectlons 287 
and 1001, provide that an individual shall te f h d  under this titla or irnprisamd not more than 5 years, 
or bath. J 
. - . . . . . 

b.  DATE SIONED  -  REdCllRED 

b.  TEEPHONE  N U ~ ~ E B J & ~ A ~ H . Q ~ ~ )  

a,  E.MAIL  ; c-* - - c- - - - - - - - - - - - - - 
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d .   FAX NUMBER lItk?~U* Are&-c~