AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NARIE: OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I - - - - - - - - - - - - - - - - - - - - - - - -  

GRADE 

AIC 

AFSNISSAN 
-------------- 
-..-..-..-..-. 

b.-..-..-..-..-..-..-..-, 

TYPE GEN 
'OUNSEL 

YES 

No 
X 

I 

I 

PERSONAL APPEARANCE 

X 

RECORD REV I EW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL. 

MEMBER SITTING 

HON 

VOTE QP THE BOARD 

.  "  uu 
GEN 

1 

. "  " "  
IJC).THC 

Ol HER 

I  DENY 

ISSUES  A92.21 
A92.01 
A94.05 
A92.05 

INDEX NUMBER 

A67.30 

HEARING  DA'I'E 

1  28 Jul2006 

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CASE NUMRER 

FD-2005-00437 

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EXWITS SUBMlTTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHAK(;t 

1 
2 
3  1  LE'I"1'ER OP NO.I'IFICA'I'ION 
4  1  BKIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE 1'0 THE BOARD 
AIIDITIONAL EXHIBITS SUHM l  U E D  A'l'  TIME OF 
PERSONAL APPEARANCE 

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TAPE  RECORDING  OF PERSONAL  APPEARANCE 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIOKAL  ARE  DISCUSSED OK THE ATTACHED  .4lR FORCE DISCHARGE  REVIEW B 0 . m  DECISIOU.Al  RATIONLE 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal 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 r e q u e s t .  

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

ORSEMENT 

DATE:  7/31/2006 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB,  f X  78150-4742 

" "  

SECRETARY OF TIIF. AIR  FORCE PERSONNEL COlINClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DH, EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7UUZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2005-00437 

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

The applicant was offered a personal appearance before thc Discharge Keview 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 is 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 I .   Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received a Letter of Reprimand and Unfavorable Information File for conspiracy to defraud  the 
United States Government through the falsification of federal income tax returns.  The Roard 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. 

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.  The DRB was pleased to see that the applicant was doing well and has a good job.  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 o l  service. 

Issue 4.  The applicant cited his desire to receive the G.J. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement that he understood he must 
receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to 
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or 
impropriety which would warrant an upgrade. 

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. 

Tn  view of the foregoing findings, the Roard 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 AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Vandenberg AFB, CA on 23 
Dec 96 UP AFI 36-3208, para 5.52.3  (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Jun 74.  Enlmt Age: 18 0/12.  Disch Age: 22 6/12. Educ: BS DIPL. 

AFQT: N/A.  A-80,  E-77,  G-78,  M-57. PAFSC: 6F032 -  Financial Services 
Apprentice. DAS: 2 Jun 95. 

b.  Prior Sv: (1) AFRes 29 Jun 92 -  17 Nov 92 (4 months 19 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Nov 92 for 4 yrs.  Extended on 10 May 95 for 7 

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

b.  Grade Status:  A1C -  18 Mar 94 
A m  -  18 May 93 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e .   Additional: LOR/UIF, 17 JUN 96 -  Conspiracy to defraud the U.S. 

Government through the falsification 
of federal income tax returns. 

f.  CM:  None. 

g.  Record of SV: 18 Nov 92 -  17 Jul 94  McGuire AFB  4  (Initial) 

18 Jul 94 -  30 May 95  McGuire AFB  4  (CRO) 

h .  Awards &  Decs :  AFLSAR, AFTR, NDSM, BMTHGR, SAEMR, AFGCM . 

i.  Stmt of Sv:  TMS:  (04) Yrs  (05) Mos  (25) Das 
TAMS:  (04) Y r s   (01) Mos  (06) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1 ,  Applicant's Issues. 
2. Five Character References. 
3. Victim  Impact Statement. 
4. Training Certificate. 
5. The Honor Graduate Ribbon. 
6. Training Certificate. 
7. Four Letters of Appreciation. 
8. Five Certificates of Appreciation. 
9. Two Enlisted Performance Reports. 
10. Job Performance Appraisal. 
11. DD Form 214. 
12. Request  and Authorization  for Separation. 

.I 4  NOV  10051 

APPLICATION FOR THE REVIEW OF DISCHARQE OR  DISMISSAL 

FROM THE ARMED FORCE5 OF 'THE  UNITED STATES 

(Pleaso rood InPlrrmtionn on P a p a  3 and 4 BEFORE completing this applIcatlon.~ 

Form Appromd 
OMB rvo.  0704-0004 
Expires Aug  31, 2006 

thr puW mpormno buden Iw Wr odhmdm of Inromutlon Ir ertlnmtd to rvmngm a0 mlnlruw pmr  rmmpnnsm,  lncludlnp tha drm I# 
wllmrlno mndmllnWrJnm the d.t. nedca md oomplrlhg and m l m r l n ~  
I h m  odlwtlsn of Infommdm.  Bvld oommmmr npnltq hb burrkn m.tknot4 or my ohrr aopom of Whir  ~ollmction 
at Iriomutbn, lmudnp ugpmlonb foc  Irrhmlng thr burdmn, ta Lkplrrmlm el Dmlnnrr. WuNnmn  khldqUbrUn Rwbu, OYmprnb kt Inrotmnilon Oplntbns and Rmpms 107M0004), 
1216 h l
pmJ*r lcf h#ng lo oomply Wth  ool-lbn  at lnlorrnrtlan If It dou nM dmplry a ouwunly vaW OM8 cennd numb-. 
PLW28E DO NOT REflURN YOUR  FORM TO  THE ABOVE ADDRIB@,  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

f m m  Dar*  H1&wmy,  BlJp  1204, Arlhpms,  VA  22102.43G2.  Raponknt. Jw*d k mwan tho* m M m u n $ n ~  m y  othrr pmvlrbn of  Imw, m pmnon ahmll bm  rubkd t o  mny 

n v l m h $  hrwunlonb. obotchlng r x k t l ~  dam rourcmm, 

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AUTHORI1Y:  10 U.S.C.  1883; E,O.  8397. 
PRINCIPAL WRWBE(S):  T o  apply tor a change In the chwactarlzadon or  reason for military dircherue issued to an individual. 
ROUT~NC UOE(8I:  None. 
DIICLDSURE: Voluntary; hawrvor, fiilurm to pmvldm identifyinq Informntion may Impede procarsing of  this application.  The request tor 
Soclal Seourltv Number Is &Ictlv  to amnure pmpmr idrntlflerrtlon of the lndlvldual and a ~ u r o ~ r i a t e  
1.  APPLICANT  DATA 

wrson whoss dlschsrnm la to & r ~ l r w a d l .  PLEASE PRINT OR TYPe INFORMATION. 

records. 

PRIVACY ACT STATEkENT 

b.  NAME Ib~t, F h ,  Mlddls tnhlall 

----------------. 
mlb 
Z DATE OF DISCHARGE OR SEPARATION 1  4.  DISCHAROE CHARACTERIZATION I 
3ECEIVED IX onel 1  6.  BOARD  ACTION REOUESTED IX onrl 
.

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

. 

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I 0.  Q R A L ~ E I '  AT DISCHARGE 
1 

P J l r  

I d.  BOClAL SECURITY NUMBER 
C ............. 
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K  CHANGE TO  HONORABLE 

(  K 1 AIR FORCE 

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. 

(WWMMDD) (If datn b mom than  16 yearn 
ago,  submh # W F m r  1481 
19961223 

3.  UNIT AND LOCATION AT DISCHARGE 

06 BEPAFfAllON 

30 Comptroller (AFSPC) 

HONORABLE 

%  aENeRAWNDCR HONORAW tONDmONIO 

UNDER o ~ m  
BAD CONDUCT 1 S ~ c l . l  coun.mrrrlrl onhr) 

THAN HONORABLE CONDITIONS 

CHANGE TO GENERAWUNDER 
HONORABLE C O N D ~ O N S  
CHA&E  TO VNFHARACTERIZED 

CHANGE NARRATIW  REASON 
SIPAMTION TO! 

P  g4 3.1 

I beflave that B Oencral (Under Honorable Canditions) discharge does not reflect my service while in the United States Air Force.  I 
am requesting an upgrade to Honorable in rcferenca to my conduct in the USAF and my conduct as a civilian since 23Dcc96. My 
discharao was"ineauitablo be~ausc it was based on an isolated incident in 49 months of strvi~e with no othbr adverse action.  There 

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11.  APPLICANT MUST SIGN IN ITEM 13.1.  BELOW. H the record In quaattan Is  that of a deoaaeed or Incompetent person.  LEaAL PROOF OF 

d.  FAX  NUMBER IIncluds Arrr  CndaJ 
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DEATH OR INCOMPEfWCY MUST ACCOMPANY THE APPLICATION.  If tho ouvllcatlon Ir slnned bv other than tho a~ullonnt. lndlcate 
thm  nama (pdntl 

and ralstlon&lp  by marklrig a box below. 

0.  E-MAIL 

. . 

,  , 

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1 sPOUst!  n 

NUCT 

KIN  n 

12.a.  CURRENT MAlLlNQ ADDRESS OF APPLICANT OR PERSON ABOVE 

/Faward narl(icrln of my e h n g .  In addmar.) 

l! ............... ..i 

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

d.  FAX NUMBER IInalude Arnr  Codd 

14. CON'I'INUATION OF ITEM B, IPBUES (If  applhbl~~) 
given information c o d n g  tha incident at McGuue AFB, NJ out of a sen=  of duty to thc Office of Special Itlveatigation(0SZ) at 
Vandenberg APB, CA, J wouldn't have &ved  m Administrative Dischargt.  Comcquently the voluntary infomtian concerning 
tbis matter ended up becoming r daublc jeopardy for myself  Aftor releasing that information to my new base,  I was withheld from 
my E-4 atripe, given a Letter of Reprimand, md Administratively Discharged with a Otnetal(Undor Honorable Conditions) h m  
Vandenberg APB, CA eliminating any Veterans Affair8 and educational benefits. In addition, no one qlse from McCluire APB, NJ 
that had involvement in this incident was reprimanded and/or discharged. lley have all aince continued in their military and 
civilian carem medving Vettrans Afiire  and ed~cotional benegts. I believt this was an ieolated mistake on my pa~t but docs not 
reflect my ovsrall49 months of military service. 

- .  

I belie~c that a Uencral (Under Honorable Canditions) discharge does not reflect my service whilc in the United States Air Force.  I 
am requesting an upgrade to Honorable in refucnw to my conduct in the US@  and my conduct as a civilian since 23Dec96. 
While in the USAP I was an Honor Graduate from BMTS W ~ S  a Small Arms Expert Marksman and recicvcd the Air Force Good 
Conduct Medal.  Sinca my disobruge in 1996 I have pursued my carem and have been rmc~essful in many arenas.  I graduated as 
Salutatorian in 2000 with a Degree of Ministerial Studica from Destiny Ministry Training Center.  I served as an AssociateiYouth 
Pastor at Spokane Faith Center counsaling children, young adults and couples for 4 years.  f m currently continuing my education 
with the goal of obtaining my Bachelor8# D e p e  in Business Management from Oregon State University. 1 have been an 
outstanding citizen within my community and have since made nstitution with the US. I tun a single father of one child 
(Anthony), work full time at Samaritan Albany Genwal Hospital as the Administrative Secretary and attend college on a full time 
basis.  I am eumntly a member of the Employee Recognition Colnmittea at Samaritan Albany General Hospital which helps build 
the lnorale of the staff.  I have maintained a 3.12 Grab Point Average and am sbarting my own busin,e-ssL Ite-s$ificl.in 2Cli;ifi Ef - - 
United States'lliserlct Court, E?.sffr~Di;&igjpf Pennsylvania in tho criminal trial of United States v. :. . . -. . -. . . .-:and  ; 
which led to a guilty verdict oP,  - - - - - - - - - - - -, 
:on all 9 counts of aiding and abetting the filing of false claiins for refunds: my"' "' ' 
canduct in the civilian sector ha been exemplary and I fccl that my service in the United Stat-  Air Force was worthy of an 
Honorable Discharge.  I thank you and appreoiata your time in reviewing this infomation. 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

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ARMY 

Army Review Boards Agency 
Support Dlvlslon, St.  Lauis 
9700 Page Avenue 
St.  Lauls,  MO  83132-6200 
ISae http:llarba.army.pantagPn.mll) 

AIR  FORCE 

Alr  Force Review Boarda Agency 
SAFIM RBR 
560-C Street west, Sulte 40 
Randolph AFB. TX  781 80-4742 

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DD FORM 293, AUG 2003 

NAVY AND  MARINE CORPS 

Naval Council of Pwsonnel Boards 
720 Kennnn Sweat,  S.E. 
Room 309 INORB) 
Weahlngton Navy Yard,  DC  20374-6023 

. 

COASTGUARD 

U.S. Coaet Guard 
Cornrnendsnt (0-WPM) 
2100 Second Street, S.W.  Room 6600 
Wwl-ilngton,  DC  20693 

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Page 2 of 4 Pagee 

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To:  Air Force Review Boards Agency 

Date:  7/5/2005 
Re:  Discharge Upgrade 

I am wridng this memo in regards to the General (Under Honorable Conditions) 
discharge given me on UDec96.  I am requesting an upgra&  to an Honorable discharge. 

Since nay discbarge in 1996 I have pursued my weer and have been successful in many 

arenas.  I graduated in 2000 with an Associates degree of h4inisterial Studies from Destiny 
Minisuy Trainixlg Center, I served as an associate/youth pastor for Spokane Pa&  Ccnter for 4 
ye;lrs, I am also continuing my education with the goal of obtaining my Bachelor's Degree in 
Elu&ess  Management from Oregon State Universiy. 

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I-C~.acted the Veteraas Affairs office to request assistance through the Mmgomery GI 
Bill &it $;bas enrolled the first year of active duy, I cantributed $lOO/month for 12 months 
+titled  to receiving this educational assistance upon discharge. However, wirh my 
~d 
tke&,dgF8ebg the status of GeneralfJJnder Honomble Canditions), I cannot receive the 
Getitfik$iat  I contributed ro. 

,

.  . 

1  glam a single father of one child (Anthony) and have found that working 40 plus hours a 

week and going to school full time has been challenging both mentally and fimncially. 
Receiving the entidement that I voluntady participated in would help me tremendously in my 
pursuit for educational excellence and financial freedom 

In asking for an up+ 

to my discharge, 1 feel that my condua in the civilian world has 
been a i ~  example for mosr to live by. I am appealing tciyoui fair judgment to allow me to 
receive aa Honorable discharge, as  my conduct, as'you will see with the attached documents 
and performance revieJirs, warrants an Honorable status. 

Thank you for you time in reviewing tbis information and thank you ia advance for 

dowing me to receive a status that brings honor to myself, my son, my My and the United 
States Air Force. 

DEPARTMENT OF THE AIR FORCE 

, 

aOTH SPACE WlNa (AFSPC) 

FROM:  30 CPTSICC 

SUBJECT: Notification of Administrative Discharge Action Under AFT  36-3208 

1.  I am recommending your discharge from the United States Air Force for commission of a 
serious offense.  The authority for this action is M P D  36-32 and MI 36-3208, Paragraph 5.52.3. 
If my recommendation is approved, your discharge may be characterized as honorable, general 
under honorable conditions and under other than honorable conditions.  I am recommending that 
your discharge be characterized as general. 

2.  My reasons for this action are:  During the approximate periods of December 1993 through 
April  1994, and December 1994 through May 1995, you were involved in a conspiracy to 
defraud the United States Government through the falsification of federal income tax returns. 
Specifically, in 1994 and 1995, you filed fraudulent tax retwns, claimed dependents you do not 
have, and received moneys that you were not editled to.  In addition, you recruited seven 
individuals during 1994 and 1995 to also file fraudulent tax returns.  During these periods, you 
repeatedly failed to report crimes against the United States upon witnessing and being informed 
of the illegal activities surrounding the falsified tax returns.  As a result of your criminal actions, 
both you and your coconspirators illegally profited thousands of dollars that belonged to the 
United States government.  Extracts from the AFOSI report into this matter are attached to 
document your misconduct, for which you received a letter of reprimand. 

3.  Copies of the documents to be fonvarded 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 
discharge action is approved, how your discharge will be characterized.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, 
or education assistance youhave received may be subject to recoupment. 

4,  You have the right to consult counsel,  Military legal 
I have made an appointment for you to consult Capt; .-....-..-.-..-.-..-, 
Counsel, Building 850Q, ext, 6-3627128, at  Oq 33 
may consult civilian counsel at your own experqe. 

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

counsel has been obtained to assist you. 

hours on 

:at the Area Defense 
I6 
. You 

5.  You have the right to submit matters on your own behalf  Any matters you wish to submit for 
consideration by the separation authority must reach me withii 3 duty days unless you request 

Golden Legacy, Boundless Future.. . Your Narion's Air  Force 

l 

and receive an extension from me for good cause shown, I will forward any matters submitted 
by you to the separation authority. 

6. If you fail to consult counsel or to submit matters in your own behalf within 3 duty days 
withoutan approved extension, your failure will constitute a waiver of your right to do so. 

7.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act 
of 1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense 
Counsel, Building 8500. 

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

L-.-..-......-.....------------------.--------------------l 

Commander 

Attachments: 
1.  Extracts from OSI report 
2.  LOR, dtd 17 Jun 96 
3.  Withhald of promotion ltr, dtd 15 Nov 95