GRADE 

SRA 
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X 

1  AFSNISSAN 
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1 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

C-..-..-....-..-..-------I 

TYPE  UOTH  ( 

I 

PERSONAL APPEARANCE 

I 

RECORDREVIEW 

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1 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

1 

1  2 
3 
4 

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1  APPLICATION FOR REVIEW OF DISCHARGE 
1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 
I  COUNSEL'S RELEASE TO THE BOARD 

I 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

HEARING DATE 

1  15 Nov 2006 

CASE NUMBER 

I  FD-2005-00386 

1 

I 

Case heard in Washington, D.C. 

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) on 15 November 2006 via 
video teleconference  between Andrews AFB, Maryland and Travis AFB, California but failed to appear at the time and date 
requested  or notify the board of his intent. 
1  Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's request. 

I  " '  

- -  

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY  OF THE AIR FORCE PERSONNEL COLNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00386 

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

The  applicant  was  scheduled  for  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  on 
15 November 2006 via video teleconference between Andrews AFB, Maryland and Travis AFB, California 
but failed to appear at the time and date requested or notify the board of his intent. 

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 provided by the applicant on his DD Form 293 
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.  The records indicated the 
applicant was financially irresponsible with his Government American Express Card, wrote bad checks to 
the McGuire Enlisted Club on many different occasions for amounts totaling almost $1 100.00, signed 
official records with intent to deceive, made false official statements, wrongfully appropriated approximately 
$1 100.00 from the US Treasury, submit a PCS travel claim which falsely claimed entitlement to over 
$1000.00, and the applicant dishonorably failed to pay a just debt of approximately $3900.00.  For these 
offenses, the applicant received two Article 15s.  Additionally, earlier in his career (though not a basis for 
this discharge or for the characterization he received), he had received an Article 15 for hitting his wife in 
the face with his fist.  The DRB opined that through these nonjudicial and administrative actions, the 
applicant had ample opportunities to change his negative behavior.  The Board concluded the pattern of 
misconduct and level of criminal activity for an NCO of his rank and experience was indeed a significant 
departure from the conduct expected from Airmen.  The characterization of the discharge received by the 
applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge characterization 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 and other accomplishments listed therein.  The DRB found the seriousness and 
complexity of the willful misconduct offset the total 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 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well since his separation from the Air Force.  He has served in the California Army National Guard 
(including currently being on full-time National Guard duty in an Active Guard/Reserve status since August 
2005).  However, no inequity or impropriety in his discharge was suggested or found in the course of the 
hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

The DRB recognized the fact that the applicant had served over ten years total service before he was 
discharged, but concluded the applicant's misconduct outweighed the positive aspects of his time in the Air 
Force.  The Board noted the applicant was given full rights to an administrative discharge board, and a 
review of those board proceedings reveals he was given every procedural requirement and was competently 
represented by an attorney before and throughout the board. 

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 SRA) (HGH SSGT) 

.............................. 
1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH ~ i s c h  fr McGuire AFB, NJ on 16 Apr 96 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for General Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Aug 67.  Enlmt Age: 17 4/12.  Disch Age: 28 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-29,  G-39,  M-34. PAFSC: T2T251 -  Air Transportation 
Journeyman Technical Training Instructor. DAS: 29 Jul 94. 

b.  Prior Sv: (1) AFRes 29 Dec 84 -  16 Dec 85  (11 months 18 

days) (Inactive) . 

(2) Enlisted as AB 17 Dec 85 for 4 yrs.  Extended 1 Jun 88 

for 4 months.  Svd: 3 yrs 11 months 27 days, all AMS.  AMN -  17 Jun 86.  A1C -  17 
Feb 87.  SrA -  17 Dec 86.  Sgt-(APR Indicates): 16 Jun 92-15 Jun 93.  APRs: 
9,9,8,9. 

ART 15:  (1) 9 Nov 87, Ramstein AB, Germany -  Article 128.  That you 

L.-.-.-.-.-.-.-.-.I 
:in the face with your right fist.  Suspended 

----------- 
did, on or about 29 Oct 87, unlawfully strike 1 
L - - - - - - - - - -1 
reduction to Airman.  Suspended forfeiture of $200.00 per 
month for 2 months.  Thirty days correctional custody. 
(No appeal) (No mitigation) 

3.  SERVICE UNDER  REVIEW: 

a.  Reenlisted as SrA 15 Dec 89 for 5 yrs.  Extended 24 Jun 94 for 19 

months. Svd: 06 Yrs 04 Mo 01 Das, all AMS. 

b.  Grade Status:  SrA -  28 Jul 95  (Article 15, 28 Jul 95) 

SSgt -  01 Jan 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Jul 95, McGuire AFB, NJ -  Article  92.  You, who knew 

of your duties within the territorial limits of the 
United States, on divers occasions between on or about 
30 Dec 93 and on or about 9 Jun 94, were derelict in the 
performance of those duties in that you willfully failed 
to use your United States Government American Express 
card for official United States Government travel only, 
as it was your duty to do.  Article  107.  You, did, on 
or about 3 Jun 94, with intent to deceive, sign an 

, - - - - - - - - - - - - - - - - - -  

- 

------------------- 

C-.-.-.-.-.-.......' 

:did not reside with you 

: did not reside with you, and was 

official record, to wit: a DD Form 1746, Nov 90, 
Application For Assignment to Housing, which record was 
.------------------. 
totally false in that you stated that your dauqhter, 
: .-.-.-.-.-.-.-.-.-: resided with you, when in fact, your 
daughter, I -----------------. 
then known by you to be so false.  You, did, on or about 
5 Aug 94, with intent to deceive, sign an official 
record, to wit: a DD Form 93, May 89, Record of 
Emergency Data, which record, was totally false in that 
I - - - - - - - - - - - - - - - - - - -  : resided with 
You stated that your daughter, 
you in Building 1902, Room 29, McGuire AFB, NJ, when in 
fact, your daughter, : 
in Building 1902, Room 29, and was then known by you to 
be so false.  Article  121.  You, did, on or about 9 Aug 
94, wrongfully appropriate money, of a value of 
$1088.32, the property of the United States Air Force. 
Article 132.  You, did, on or about 5 Aug 94, present a 
DD Form 1351-2, Oct 91, Travel Voucher Or Sub Voucher, 
for approval and payment, a claim against the finance 
officer at McGuire AFB, NJ, in the amount of $1943.22 
for travel expenses during your permanent change of 
station from Travis AFB, CA, which claim was false and 
fraudulent in the amount of $1088.32, and was known by 
you to be false and fraudulent.  Article 134.  You, 
being indebted to American Express in the total sum of 
$3889.55 for cash advances, charges, and advance fees, 
which amount became due and payable on or about 20 May 
94, did within the territorial limits of the United 
States from on or about 20 May 94 to on or about 20 Jan 
95, dishonorably fail to pay said debt.  Reduced to SRA. 
(No appeal) (No mitigation) 

10 Mar 95, McGuire AFB, NJ -  Article 134.  You did, on 
divers occasions, between on or about 2 Oct 94 and or 
about 11 Dec 94, make and utter to the McGuire Enlisted 
Club certain drafts, in words and figures as follows to 
wit: seven drafts totalling $1095.00, for the 
procurement of things of value and or cash, and did, 
thereafter dishonorably fail to maintain sufficient 
funds in Wells Fargo Bank for payment of such drafts in 
full upon their presentment for payment.  Suspended 
reduction to SrA.  Forty five days extra duty. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 04 Mar 89 -  03 Mar 90  Travis AFB  4  (Annual) 
04 Mar 90 -  03 Mar 91  Travis AFB  4  (Annual) 
04 Mar 91 -  31 Aug 91  Travis AFB  4  (CRO) 
01 Sep 91 -  15 Jun 92  Travis AFB  5  (CRO) 
16 Jun 92 -  15 Jun 93  Travis AFB  5  (Annual) 
16 Jun 93 -  25 Feb 94  Travis AFB  5  (CRO) 

26 Feb 94 -  26 Feb 95  McGuire AFB  2  (Annua1)REF 
26 Feb 95 -  25 Feb 96  McGuire AFB  3  (Annual) 

h.  Awards &  Decs:  AFAM W/2 DEVS, AFLSAR W/1 DEV, AFTR, AFOSLTR, NDSM, 

NCOPMER W/1 DEV, AFOUA, AFOEA, AFGCM W/1 DEV. 

i.  Stmt of Sv:  TMS:  (11) Yrs  (03) Mos  (19) Das 
TAMS: (10) Yrs  (04) Mos  (00) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Sep 05. 

(Change Discharge to General) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. NGB 22. 
4. Special Orders. 
5. Promotion Order. 
6. Service School Academic Evaluation Report 

I 

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17.  8UPPORTINO DOCUMENTS IXss appiiubil.l  {Pbna print nem  and SoclslSecudty Number on each document.) 

1 

ARE USTED BaOW AND ARC AWACHED TO THls APPUCATION:  ICmrhuo on a plain shnr of p.psr if mora space Is naeded.) 

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m.  DOCUMENT l? 
DD FORM 214 
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b.  DOCUMEM 2: 
NOS-22 
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o.  DOCUMENT 3: 
C u m t  Mllltary Odam 
a.  ISSUES 

The Boerd wlll conslder any issue submitted by you prlor to closing the csse for  deliberation.  The Board will also review tha case to 

determine whether there are sny lssues that provide a basis for upgradlng your discharge.  However, the Board is not required to respond in 
writing to Issues of concern to you unless those Issue# are listed or incorporated by specific  reference below.  Carefully read the Instructions 
that pertaln to Block 8 prior to completing thir part of the appllcatlon.  If you need more spece,  submit additional issues on an attachment. 
, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

Ma'am or Slr, durlng my Mllltary Carwr In the Alr Force I was an exceptional NCO and Alrman, the reason I was 
dlscharged was due to me belng flnanolally I~responslable. I was glven an Amerlcan Expmss goverment card 
at the tlnm and used It  tor other thlngb other than office1 mllltery erpensBB, I also wrote checks that I knew at 
the tlme the m m y  was not In my account, hoplng that they would not clear untll my check was deposited.  I 
understand now the Impo~tance of belng flnanulally responssble.  I am an Active Duty Atmy Soldier who just 
became a NCO agaln by ationdlng the Army's Professlonsl Leadenhip Course, and attelng the Dlsrlngulsed 
Oraduate, also if you revlew my DD Form 214 from ths Air Force you wlll notlce that before I was In trouble that 
my Mllltery Career Includes many dscomUons and award, for Good Conduct, as well 8s Achlevment.  I am 
extremly remorsful for the perlad in which I was very Irreeponsable, but I have turned my life around for the 
better, and the only blemlsh I have I$ the UOTCH on my reoord, I am not trylng to request an upgrede to a 
Hon~mble Discharge, because I m l i r o  that I made mistakes and I must suffer the consequences of my actlons, 
but wlth what I had accomplished my flrst 9 years In the Air Force, I belleve It far out wdgths what I dld tho last 
year in the Alr Force, that Is why I belleve a Qeneml Discharge should be awarded.  1 h o p  that you consider my 
request and notlust push It to the slde, as you revlew my prior service record as well as my current enlistment 
you will notke that 1 was a goad NC0,Alrman. 

: I HAVE UBTED ADDlTlONAl ISSUES A8 AN ATTACHMENT TO THIS APPLICATION. 

I PREVIOUSLY  SUBMITTED  AN APPLICATION  ON ~ m r u  
I AND AM C O M P L ~ N ~  THIS FORM IN ORDER TO  SUBMIT ADDITIONAL ISSUEI. 
I THE ABOVE 188WES SUPERSEDE ALL PREVIOUSLY SWMITTED. 

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t :::i 
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r  DATE (YWYMMDDI 

9.  CERTIFICATION 

20050926 

.-------rrrl.---------~- 

ARMY 

Review Board8 *genCv 

Support Dlvieion, St.  Louis 
ATTN:  SFMR-ABR-SL 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 

I make the foregoing statements as part of my appllcatlon wlth full knowledge of the penalties Involved for  willfully  making a false 

statement.  {U.S. Code,  Tills  18, Section  1001, provides thet en individual shall be fined under this title or Imprisoned not more than 6 years, 
or both.) 

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~ P O N ? % ~ F ~ ~ I S  

~ ~ u r - ~ s u i a ; - = r : - - - ; = ~ - ~ : ; Y r - - -  

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APPLICATION 

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I 

N A W  L MARINE CORPS 

i 
!  ~ a v a i  ~ o r n c i l  of Personnel Boards 
!  SAFtMlBR 
1  720 Kennon Street,  S.E. 
I 550-C Street West.  Suite 4 0  
I  Rm. 309 (NDRB) 
!  Washlnpton Navy Yard,  DC 

TO APPucABLe ADDRESS  BELW 
COAST GUARD 
I 
I Commandant (6-WPM) 
: 21 00 Second Street, S.W. 

Randolph AFB,  TX  78160-4742  Washington,  DC  20593-0001 

AIR FORCE 

I 

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1 

Page 2 of 4  Pages 

. 
(See http:llarba.army.pentagon.mlj)  : 20374-6023 
DD FORM 293,  DEC 2000 

DEPARTMENT OF THE AIR.FORCE 

HQ AIR MOBILITY WARFARE CENTER (AMC) 

FORT DIX, NEW JERSEY 08640 

MEMORANDUM FOR  SrAi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

FROM:  HQ AMWC/CC 

SUBJECT:  Notification Letter--Board Hearing 

7 Aug 95 

1.  I am recomm-g 
you for discharge fiom the United States Air Force for Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  Copies of the documents to be forwarded to the separation authority to 
support the recommen&tion  are attached. 

2.  My reasons for this action are: 

a.  Between 2  October  1994 and  11 December  1994, you made  and uttered to the 
McGuire Enlisted Club seven separate drafts totaling $1095.00 for the  procurement of 
cash and  dishonorably failed to maintain sufficient funds in the Wells Fargo Bank  for 
payment of such drafts.  You were given an Article 15 on 10 March 1995 for this offense. 
The punishment imposed was a suspended reduction to Senior Airman and 45 days extra 
duty. 

b.  Between 30 December  1993 and  9  June  1994, on  divers occasions, you were 
derelict in the performance of your duties in that you willfully failed to use your United 
States Government American Express card for official United States Government travel 
only, as it was your duty to do so. 

c.  On or about 3 June 1994, with intent to deceive, you signed an official record, to 
wit:  a DD Form 1746, Nov 90, Application For A s s i g q ~ n t  To- -Housing, which record, 
! resided  with you, 
was totally false in  that you  stated that  your daughter,! 
when in fact, your daughter, l- - - - - - - - - - - - - - 
:did not reside with you, and was then known by 
you to be false. 

---------------. 

d.  On or about  5 August 1994, with intent to deceive, you signed an official record, to 
wit a DD Form 93, May 89, Record of - - Emergency 
- - - - - -  - - - -  - , Data, which record, was totally false 
: resided with you &.I-  Build-ipg 1902, 
in  that you  stated that your  daughter,: 
Room 29, McGuire AFB, New Jersey, when in fact, your daughter, I -------------- ! did not 
reside with you in Building 1902, Room 29, and was then known by you to be so false. 

L-..-..-.-..-..m 

e.  On or about 5 August  1994, you presented  a DD Form  1351-2, Oct 91, Travel 
Voucher Or Sub Voucher, for approval and payment,  a claim against the finance officer 
of McGuire AFB,  New Jersey, in the amount of  $1943.22  for travel  expenses during 

. 
For ID 

Government Ex  $ 
Offered 

Admitted 

your permanent change of station fiom Travis AFB,  California to McGuire AFB, New 
Jersey,  which claim was false and fraudulent in the amount of $1088.32, and was then 
known by you to be false and hudulent. 

f  On  or about 9 August  1994, you  wrongfully  appropriated  money,  of a value of 

$1088.32, the property of the United States Air Force. 

g.  You, being indebted to American Express in the total sum of $3889.55 for cash 
advances, charges, and advance fees, which amount became due and payable on or about 
20 May  1994, did within the territorial limits of the United States from on or about 20 
May  1994 to on or about 20 January 1995, dishonorably fail. to pay  said debt.  For the 
offenses noted in items b thru g above, you received an Article 15 on 28 July  1995.  For 
these offenses, you were reduced in grade to Senior Airman. 

3.  These actions could result in your separation with an Under Other Than Honorable 
Conditions (UOTHC)  Discharge.  I  am  recommending  that  you  receive  an  UOTHC 
discharge.  The commander exercising SPCM 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 Air Force and will probably be denied enlistment in any component of 
the  armed  forces  and  any  special  pay,  bonus,  or  education assistance  funds may  be 
subjected to recoupment. 

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 own 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 Walson Air 
Force Hospital at 0730 on  8 August  1995.  You  must  fast  for  12 hours prior  and  no 
alcohol 72 hours prior to the exam. 

, - - - - - - - - 
C . - . - . . . . 

i 10349, has  been  obtained to  assist you.  An 
6.  Mi1ita.y  legal  counsel,  Capt: 
appointment has been scheduled for you to consult her on 10 August 95 at 0930.  Instead 
of the  appointed counsel, you may  have  another, if the lawyer you request  is in active 
military service and is reasonably available as determined according to AFI 5 1-201.  In 
addition to military counsel, you have a 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  yow 
If  you  waive  your  right  to  a  hearing  before  an 
counsel  who  also  will  sign  it. 

administrative discharge board, you may submit written statements in your own 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 AH 36-3208, is available for your use in the First Sergeant's ofice. 

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

: . - . - . . - . - . . . . - . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m  

Commander 

Attachments: 
1.  Airman's acknowledgment 
2.  Article 15 dated 10 March and all supporting documents 
3.  Article 15 dated 28 August and all supporting documents