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ISXH1BkTS SUBMITTED TO ?*BI1: HOAR13 

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i \ d v l \ c   applican~ of lhc rlccision of thc Board, the right lo a personal appeari~nce with/without  counsel, and the right to 
\i~l~rnit an iipplic;ition to the AFGC'MK 

N,lnlc\  ;IIIL~  voles will  Ilt.  made available to the applicant at the applicant's  rcqucst. 

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,4FtI() FORM 0-2077, JAN 00 

l'rcvious  cdilion will hc  used 

AJ 14  I;ORC:E IIISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

(ACI.  N l ~ h l l 5 l . H  

F~-Z(1(15-U0431 

(;ENINAL:  The applicant appcals for upgrade of discharge lo honorable. 

'Thr  i~ppliciuil was oSfered  a personal  appearance hcforc thc Discharge  Review Board (DKB) b~11 clcclincd  lo 
cxer+cise Illis sight. 

l'hc  atlachcd hriei'cot~tains available pertinent data on the applicant and the filctors leading to tllc i l i ~ c l l i i ~ g ~ .  

1;INI)lNC;S:  LIpgradc of discharge is denied. 

'Phc  I3oard  finds lhal  neither  the  evidence  of  record  nor  that  provided  hy  thc  applicant  suhslanliatcs  iltl 
i l i t ' c l ~ ~ i t y  or impropriety that would j~lstify a change of discharge. 

ISSUE: 

Apldicant submitted no issues.  The Records indicated thc applicant rcceived two Article  15s and one Letlcr 
ol' licp~.imiind for misconduct to iticlude underage drinking while in  the presence of minor Semalcs who~n IIC 
liacl  invitcd to his on-hasc quarters, allowing three females to reside in his on-base residence while his wifc 
wil\  ilwiiy 211  'l'echnical School, and committing of adultcry.  The DRB opined that through thcsc 
;id~ninistriilivc i~ctions, the applicant had  ample opportunities to cha~lgc his negative behavior.  The I30,ird 
ccil~cluded the misconduct was a significant departure from conduct expected oS all military rne~nbcrs and I ~ C  
cha~;iclcriziition of  the dischargc received by the applicanl was Sound  to bc  appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistc~~t will1  11ic 
~xuc~'di~ral 
a1111 substantive  requiremenls  of  the  discharge  regulation  and  was  within  [he discrctiun  oC  ~ h c ,  
di\charge  authority and that thc applicant was provided full administrative due process. 

111 c icw  of  l11c  Soregoing Sindings the Board furthcr concludes that there exids no legal or ccluilahle hiisis I'or 
upgsaclc ot dischargc. thus the applicant's discharge should not be changcd. 

Attaclinicnt: 
kxamincr's Brief 

DEPARWENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

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ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Minot AFB, ND on 30 Jun 
03 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Disipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jun 83.  Enlmt Age: 19 3/12.  Disch Age: 20 0/12. Educ: RS  DIPL. 
AFQT: N/A.  A-44,  E-50,  G-59,  M-60. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 5 Mar 03. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 02 Oct 02 for 6 yrs. Svd: 00 Yrs 08 Mo 29 Das, all AMS. 

b.  Grade Status:  Arnn  -  13 Jun 03  (Article 15, 13 Jun 03) 

A1C  -  22 NOV 02 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 13 Jun 03, Minot AFB, ND -  Article 134.  You, a married 
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man, did, on or about 19 May 03, wrongfully have sexual 
intercourse with 1 ---------------------. 
:  a married woman not your 
wife.  Reduction to Airman.  Forfeiture of $250.00 pay 
per month for 2 months.  Restriction to the limits of 
Minot AFB, ND for 30 days, 30 days extra duty, and a 
reprimand. (No appeal) (No mitigation) 

(2) 01 May 03, Minot AFB, ND -  Article 92.  You, who knew 
of your duties, on or about 5 Apr 03, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcohol while under the 
age of twenty-one years of age, as it was your duty to 
do.  Forfeiture of $150.00 pay, and a reprimand. 
(No appeal) (No mitigation) 

e.  Additional: LOC/UIF, 21 MAR 03 -  Had three females residing in on-base 

quarters while wife was away at 
technical training. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR,  NDSM. 

i.  S t m t   of  Sv:  TMS:  (00) Yrs  (08) Mos  (29) Das 
TAMS:  (00) Yrs  (08) Mos  (29) Das 

4.  BASIS ADVANCED  FOR  REVIEW:  A p p l n   (DD  Fm  2 9 3 )   dtd 04 N o v   05, 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None 

v 

e  FD2005-00431 

DEPARTMENT OF THE AIR FORCE 

918T SPACE WING (AFSPC) 

JUN  17 2083 

MEMORANDUM FOR AMN ; 

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!, 91 MSFS 

FROM:  91 MSFSICC 
SUBJECT:  Letter of Notification - AFI 36-3208, Paragraph 5.50.2. 
1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, cor~duct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32, Military Retirements and Separations, 14 Jul93, and AFI 36-3208, 
Adminlstratlve Separation of Airmen, 10 Mar 00, Chapter 5, Section H, paragraph 5.50.2.  If 
my recommendation is approved, your discharge will be characterized as honorable or 
general.  I am recommending your service be characterized as general. 

2.  My reasons for this action are: 

a.  You, a married man, did, at or near Minot Air Force , Base, 

- - - - - - Dakota, on or 
about 19 May 03, wrongfully have sexual intercourse with : 
woman not your wife.  You were punished under Article 15iif tbei!UCM~ on 13 Jun 03 
and this action was added to your existing Unfavorable Information File (UIF).  (Atch 3) 

- - - - - -  - - North 

i  a married 

b.  On or about 21 May 03, you had three females residing in your on-base quarters 

while your wife was away attending technical training.  You received a Letter of 
Counseling and this incident was added to your existing UIF on 21 May 03. (Atch 4-5) 

c.  You, who knew of your duties at or near Minot Air Force Base, North Dakota, on 
or about 5 Apr 03, were derelict in the performance of those duties in that you willfully 
failed to refrain from consuming alcohol while under the age of twenty-one years of age, 
as it was your duty to do,  You were punished under Article 15 of the UCMJ on 
1 May 03 and a UIF was established.  (Atch 6) 

3.  The Letter of Notification with attachments will be fowarded to the separation 
authority in support of this recommendation.  The commander exercising SPCM 
jurisdiction (5 BW/CC) or a higher authority will decide whether you will be discharged or 
retained in the Air Force and, if you are discharged, haw your service will be characterized. 
If you are discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has-befi-@fai%d  to 
i Area 
2003. 

assist you.  I have made an appointment for you to cons  I 8s"": 

Defense Counsel, at 300 Summit Drive, Room 306A, at  1  h o b ~ i - ~ n ~ l ~ f a ~ '  
You may consult civllian counsel at your own expense. 

GUARDIANS OF THE HIGH FRONTIER 

5.  You have the right to submit statements in your own behalf.  Any statements you 
want the separation auttlority to consider must reach me by  1600 
2003, unless you request and receive an extension for good cause shown.  I will send 
any statements you provide to the separation authority. 

hours on 1 3 3 " k ~  @ 

6.  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. 

7,  You have been scheduled for a rnedical examination.  Y  u must re 
Grwp Hospital, 10 Missile Avenue, Minot AFB, ND, at fl~t hours on 

2003, for 
the examination,  You must not drink alcoholic beverages 72 hours prior to the exam, 

t  t  e 5th Medical 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal,  A 
copy of AFI 36-3208 is available for your use in the Orderly Room. 

9.  Sign the attached Receipt of Nattficmn and Statement of Understanding and return 
them to me immediately, 

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Corf$nandbr,  91st Missile Security Forces Squadron 

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Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, 16 Jun 03, w/atch 
4.  Letter of Counseling, 21 May 03 
5. AF Form 1058, Unfavorable Information File Action, 21 May 03 
6.  AF Forrn 3070, Record of Nonjudicial Punishment Proceedings, 5 May 03, wlatch