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AIR FORCE DISCHARGE REVIEW BOAR11 HEARING KECORD 

PI':RSONAI, APPEARANCE 

Iwl Alicia Jones 

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RECORD KEVIEW 

SRA 
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American Legion 1608 K STKEE'I NW 
WASHING'I'ON I)<:  2000h 

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MEMBER SITTING 

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C'aw Ilcnrrl al Wiishinglon, D.C. 

0 1  the deci.;ion  of the Board, the right to a personal appearance wilhlwithout counscl, and the rig111 to 

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I  N : I I I I ~ \  ;1nt1 k o t c s  will  he  111adc  avuilablc lo thc applica~it at the applicant's  rcquesl. 

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AP'HQ IzOHM 0-2077, JAN 00 

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(kt.-V2) 

P~cvious cdilion will  hc  u\ccl 

AlK FORCE IIISCHAKGE KEVLEW BOARD DEClSlONAL RATIONALE 

C ASb NUMIII:K 

FD-2()()5-W)42X 

C;l;NEMl,:  The applicant appcals for upgrade of  discharge to  honorable. 

> [Ilc applicant was ol'fercd  a pcrsonal  appearance belore thc Discharge  Review  Board (DUB) hut  declincri 10 
cxcrc-isc [hi\ right. 

1 hc attached hricf  contains available pertinent  data on the applicant and tho i'actors  leading to the di\clit~rgt:. 

1;lNI)INC;S:  Upgrade of discharge is denied. 

.l'l~c Board  finds  that  ncithcr  the  evidence  of  record  [lor  that  provided  hy  thc  applicant  sub,staliliatc\  , I I I  
iriccli~ity or i~~ipropriety 

that would justify  a change o l  discharge. 

ISSUE:  Applicant received a General discharge for Misconduct - Civilian Convictioli 

Applicant coillends discharge was inequitable because il was based on onc isolated  incident in ltis 57 ~ n o n t l i ~  
ot wrvicc and there was no judicial action and one year uilrestricted  probation,  Thc rccords indicated  the 
i~pplicanl rcccivcd two Letters of Reprimand and one Lxtter of Counseling for misconduct to iiicludc 
rccciving ;i  tickct i i ~ r  fiiling lo stop at a stop sign and then not notifying his supervisor, spccdi~ig OII basc 
lour Li~ncs in 21 
I I I  month period, and lor being arrested by civilian authorities for Selony burglary of a vchiclc 
,111cl  gland theft.  'The rccords indicate that applicant pleaded no contest a1 his final court appearance and u a \  
~ c ~ l t u u c e d  
admi ni\tr;~tivt. discharge board, contingent on his receiving no less than a Gcncral dischargc.  The Boarti 
opined that through thcsc administrative actions, the applicant had  ample opportunities to charigc his 
ncg;~tivc bcliavior and the Fdct that his civilian coriviction sentence was uiircstricled prohation wa\ wilhour 
nicrit.  Thc Uourd  coiicluded  Ihe misconduct was a signilicant departure from conduct cxpected of all 
rililitary  ~nemljers, and thc charactcrization o l  the dischargc rcccived  by  the applicant was found to h e  
;lppropriatc. 

to two years probation with no restrictions. Aciditionally, applicant  waived his right 10  an 

C'ONCI,LISlONS:  The  Discharge  Review  Board  ccmcludcs  that  lhe  dischargc  was  consistent  wit11 thc 
prucediiral  ancl  substantive  requirements of  thc  discharge  regulation  and  was  within  thc  discretion  01' 
ilic 
clischargc authority and lhal the applicant was provided I'ull  adrninistrativc due process. 

In vicw of lhc fcjregoing lindings, the  Board further concludes that  therc exists no legal or cquitablt: hasi\  1'01. 
i~pg~acie of dischargc, thus the applicant's  dischargc should no1 be changed. 

/lttuchnient: 
F,xalnincrlx Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Eglin AFB, FL on 29 Jun 
05 UP AFI 36-3208, para 5.51  (Misconduct -  Civilian Conviction).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 26 Mar 82.  Enlmt Age: 18 0/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-37,  E-35,  G-34,  M-39. PAFSC: 2A651A - Aerospace Propulsion Jet 
Engines Journeyman. DAS: 30 Jul 04. 

b,  prior Sv:  (1) APRes 28 Mar 00 -  28 Aug 00  (5 months 1 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Aug 00 for 6 yrs. Svd: 04 Yrs 10 Mo 01 Das, of which 

AMS is 04 yrs 09 months 29 days  (excludes 2 days lost time). 

b.  Grade Status:  SrA -  13 Feb 03 

A1C-(EPR Indicates): 29 Aug 00-29 Apr 02. 

c.  Time Lost:  24 Oct 04 thru 25 Oct 04 (2 days). 

d.  Art 15's:  None. 

e,  ~dditional: LOR, 23 MAR 05 -  Convicted in Civil Court of Grand Theft 

and Burglary of an Unoccupied 
Conveyance (vehicle) . 
LOR, 23 APR 02 -  Cited for speeding. 
RIC, 04 NOV 01 -  Cited for failing to stop for a stop sign 

and failure to notify supervisor of this 
violation. 

f.  CM:  None. 

g.  Record of SV: 29 Aug 00 -  29 Apr 02  Eglin AFB  4  (Initial) 
30 Apr 02 -  12 Jan 03  Eglin AFB  3  (CR0)REF 
13 Jan 03 -  12 Jan 04  Eglin AFB  4  (Annual) 
13 Jan 04 -  12 Jan 05  Eglin AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, GWOTSM, 

i.  Stmt of Sv:  TMS: (05) Yrs  (02) Mos  (29) Das 
TAMS:  (04) Yrs  (09) MOS  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd  04 Nov  05. 

(Change Discharge to Honorable) 

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

incident  in 57 months of service which there was no judicial action and one year 
unrestricted probation. 

ATCH 
1. DD Forms 214(Member 4 &  1). 
2. American Legion Cover Letter. 

DEPARTMENT OF THE AIR FORCE 
33RD AIRCRAFT MAINTENANCE SQUADRON (ACC) 

EGLlN AFB. FLORIDA 32#2 

FROM:  33 AMXSICC 

SUBJECT:  Notification Memorandum --Board Hearing 

1. 1 am recommending your discharge from the United States Air Force for Misconduct:  Civilian 
Conviction.  The authority for this action is AFPD 36-32, Military Retirements and Separations, 
and AFI 36-3208, Administrative Sepamtfon ofAirmen, paragraph 5.51.  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 or about 24 October 2004, at Okaloosa Island in Fort Walton 
Beach, Florida, you were arrested by civilian authorities for felony burglary of a vehicle and grand 
theft.  For this offense you were placed in civilian confinement for 2 days, subsequently released on 
your own recognizance, and placed under pretrial supervision by Okaloosa County,  You were later 
convicted of Grand Thefi and Burglary of an Unoccupied Conveyance, both second-degree 
felonies.  For this offense you received a letter of reprimand, dated 23 March 2005. 

3.  1 am also forwarding the following information to the separation authority for consideration 
when determining your service characterization: 

a.  On or about 21 April 2002, you were cited for speeding.  For this offense you received a 

letter of reprimand, dated 23 April 2002. 

b.  On 8 September 2001, you were cited for failing to stop for a stop sign and failed to 
notify your supervisor.  For this offense you received a letter of counseling, dated 4 Oct 2001. 

4.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) Discharge.  I am recommending that you receive an Under Other Thm Honorable 
Conditions (UOTHC) Discharge.  The commander exercising special court-martial jurisdiction or a 
higher authority will make the fmal decision in this matter.  If you are discharged, you will be 
ineligible for reenlishnunt in the United States 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. 

5.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to rn 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. 

6,  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States 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 and any special pay, bonus, or duoation assistance funds may be 
subject to recoupment. 

7.  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 Captain: l.-....-..-..-..-..-, 
2 6 p ~ d s  
expense, 

hours.  You may consult civilian counsel at your own 

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

:at 904 N. 2nd Street, on 

, at 

/OW 

8,  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me withh 7 duty days unless you request and receive 
an extension for good cause. shown.  I will send them to the stparation authority. 

9.  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. 

10.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 

at  1 330 

APli) db 

hours. 

1 1.  After your briefing, you are to report to the 96th Traffic Management Office with your 
authorized letter from sepmtions to schedule your TMO pickup. 

12. You are required to receive a briefing from the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management Program 
(TAMP) briefing an _d8  A PR 0s 

at 1300 

hourer. 

13.  You have been scheduled for a medical examination. You must report to 96 MDG Force 
Health Management, 307 Boatner Rd. on  & A ~ R  05 
hours for the 
examination. 

, at  071s 

14. 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 at your orderly room. 

15.  Execute the attached aoknowldgment and return it to me immediately. 

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Commander 

Attachments: 
Supporting Documents