I 
NAME OF SERVICE MEMBER (I.ASI', FIRST MIDD1.E  INI'l'1.4L) 
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AB 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

C-.-..-.-..-.. 
TYPE GEN 

PERSONAL APPEARANCE  x X 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS  AND OR ORGANIZATION  OF COUNSEL 

ISSIJES  A94.05 

INDEX NIIhlBER 

A67.30 

1 
2 
3 
4 

1 

, 

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TO TIIE BOARD 

EXHIHllrs $ u $ M ~ ~ D  
ORDER APPOINTING  'I'HE.  HOARD 
APPI  ICATlON  FOR  REVIEW OF DISCt LARGE 
LETTER O F  NO I  IFICA fION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S KELEASE TO THE BOARD 
AIIlIl I'IONAL EXHIBITS  SUBMITTED A T  'I  IME OF 
PERSONAL. APPEARANCE 

I 

HEARING  DATE 

CASE NilMHER 

'I  A P t  KECORDlNG OF PERSONAL APPEAKANCF 

10 Aug 2006 
MPLICI\KI"S  ISSLfE AND THE BOARD'S DECISIONAL RA'I'IO.UI.  M E  DISCUSSED Oh' THE A'L"TAC'HtD AIR IORCE DISCHARGE REVIEU BO.\KV  UECISIOSAL RATIOKALE 

FD-2005-00420 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a persolla1 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. 

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INDORSE\iENT 

SAFIMKBR 
550 C STREET WEST.  SIJI'I'E 40 
RANDOLPH  AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

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DATE:  811 112006 

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SECRE I ARY OF TllE AIR FORCE PERSONNEL COIINCII. 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 2U762-IOU2 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00420 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

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

FINDINGS:  Upgrade of discharge and change of reason and authority for discharge 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: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident. 
The records indicated the applicant received a Letter of Reprimand for receiving stolen property on two 
occasions, two counts of petit larceny and involvement in six counts of grand larceny.  The applicant's 
misconduct resulted in eight warrants for arrest and one Grand Jury indictment and pretrial incarceration. 
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. 

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 
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(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Shaw AFB, SC on 27 Sep 
96 UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, and to Change the Reason and Authority for 
Discharge 

2.  BACKGROUND: 

a. DOB: 30 Sep 74. Enlmt Age: 20 3/12.  Disch Age: 21 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-54,  E-57,  G-68, M-60* PAFSC: 1C531C - Aerospace Control & 
Warning System Apprentice. DAS: 26 Jul 95. 

b.  Prior Sv: (1) AFRes 28 Jan 95 -  04 Apr 95 ( 2   months 7 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5 Apr 95 for 4 yrs. Svd: 01 Yrs 05 Mo 23 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 19 AUG 96 -  Received stolen property on two occasions. 
Two counts of petit larceny.  Involved in 
six counts of grand larceny.  Criminally 
conspired with others to effect these 
crimes.  Misconduct resulted in eight 
warrants for arrest and one Grand Jury 
indictment on all crimes specified, and 
pretrial incarceration. 

f .   CM:  None. 

g.  Record of SV:  None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (08) Mos  (00) Das 
TAMS: (01) Yrs  (05) Mos  (23) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 01 NOV 05. 

(Change Discharge to Honorable, and Change the Reason and ~uthority for 

Discharge) 

Issue 1:  My discharge was  inequitable because  it  was based on one  isolated 

incident which  I was not  involved with,  charges were dropped against me, and I 
received no other adverse action. 

ATCH 
None. 

I 

DEPARTMENT O F  THE AIR  FORCE 
UNITED STATES CENTAAL COMMAND AIR FORCES (USCENTAF) 

SHAW AIR FORCE BASE. SOUTH CAROLINA 

10 Sep 96 

MEMORANDUM FOR AB i 

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FROM:  A 1 -A4/CCQ 
524 Shaw Dr 
Shaw AFB SC  29152-5 120 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for the commission of a serious 
offense - other serious offenses.  The authority for this action is AFPD 36-32 and AFI 36-3208, chapter 5, 
section H, paragraph 5.52.3.  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 6 Aug 95, at or near Sumter County, South Carolina, along with Erici ---------------------: 

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

: you knowingly and unlawfully received, or possessed 8 tapes, of a value of 

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$400.00, from Showcase Video, with the intent of permanently depriving the owner of this property. 

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b.  On or about 8 Aug25, at or near Surnter County, South Carolina, along with! 

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!, you feloniously took a 6-piece stereo system, of a value of $2,267.82, from 

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Champion Rent-to-Own, with the intent of permanently depriving the owner of this property. 

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c.  On or about 10 Aug 95, at or near Sumter County, South Carolina, along with!- 

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; you feloniously took a 6-piece stereo system, of a value of $2,267.82, from 

Champion Rent-to-Own, with the intent of permanently depriving the owner of this property. 

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d. On or about 10 Auga5, at or near Sunlter County, South Carolina, along with; ........................ 

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: you feloniously took a color television and video cassette recorder (VCR), of a 

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value of $2,681.92, from Champion Rent-to-Own, with the intent of permanently depriving the owner of 
this property. 

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e.  On or about 14 Aug 95, at or near Sumter County, South Carolina, ?!mg  with- 
----- 

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non-existent product for sale, and receiving his payment, which you solicited with the intent to deceive. 

: you fraudulently acquired $400.00 cash from i- --- --- --- --- --- 1 

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:by advertising a 

f.  On or about 17 Aug 95, at or near Sumter County, South Carolina, along with 1- --- --- --- ---_-- --- ---.: 

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: you feloniously took a color television and VCR, of a value of $1,949.22, 

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from Rent-A-Center, with the intent of permanently depriving the owner of this property. 

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On or about 17 Aug 95, at or near Sumter County, South Carolina, along with; 

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Center, with the intent of permanently depriving the owner of this property. 

...................... 
you feloniously took a computer of a value of $4,099.00, from Rent-A- 

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h.  On or about 19 Aug 95, at or near Sumter.County, South Carolina, along with; ....................  1 

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1-- --- -- --- --- --- --- --- --- --- ------I  you fraudulently acquired $1,125.00 cash from:-.  .-. . . . -. . -. . - ;by 
accepting a cash wire to a non-existent business, which you solicited with the intent to deceive. 

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

i.  On or about 21 Aux95, at or near Surnter County, South Carolina, along with; -------------.--------- 

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3 you knowingly and unlawfully received 7 stolen assorted video tapes, which 

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were the stolen property of Sarge's TV and Video. 

j. Between on or about 6 Aug 95, and on or about 21 Aug 95, at or near Sumter County, South 

Carolina, you conspired with: 
existent business for the purpose of committing larceny, and you conspired with the same persons to 
receive stolen goods. 

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:to operate a non- 
--------------------------------------------------------------, 

Based on all of the misconduct specified above, you received a letter of reprimand, dated 19 Aug 96, 
which was entered into an unfavorable information file (UIF), and your promotion to airman was 
withheld.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force, and if you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military --- legal 
counsel has been obtained to assist you.  I have 
made an appointment for you to consult Capt; ....................  5 Area Defense Counsel, 668-2437, at 
building  1127, on 11 Sep 96 at 1030 hours.  You may consult civilian counsel at your own expense. 

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

4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to coiisider must reach me within three duty days of receipt of the notification memorandum 
unless you request and receive an extension for good cause shown.  I will forward them to the separation 
authority. 

5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 

6.  You must report to the Shaw AFB Hospital, Physical Examinations Section, on 13 Sep 96 at 1300 
hours, for a medical examination. 

7.  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 orderly room. 

8.  In accordance with AFI 36-3001, you must relinquish all identification cards within three duty days of 
receipt of this notification memorandum. 

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

Headquarters Squadron 

Sumter County ----. 

2 Attachments 
1.  Documents in Support of Discharge 
a.  AFOSI Report of Investigation, dtd  12 Feb 96, w/4 Atch 
b. ---------------- 
c.  L .................... 
d.  AF Form 1058, dtd 4 Sep 96 
e.  609 ASUS Memorandum, dtd 19 Aug 96 
f.  609 ASUS Memorandum, dtd 28 Sep 95 
2.  Airman's Receipt of Notification Memorandum 

Grand Jury Indctment, dtd 2 Jan 96 

:Memoranda, dtd 4 Jan 96 

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