AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IXITIAL) 
.--------------------- 
TYPE  GEN 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATlOii 

YES 

No 
X 

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MEMBER SITTING 

ISSUES  A94.53 
A92.2 1 
A93.01 

INDEX NUMBER 

A67.30 

HEARING  DATE 

05 Jun 2006 

1  CASENUMBER 

Case heard at Washington, D.C. 

AB 

C ............. C 

RECORD REVIEW 

X 
ADDRESS 4 N D  OR ORGANIZATION OF COUNSEL 

I 

- 

1 1  ORDER APPOINTING  THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  ]  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

TAPE RECORDING OF PERSOKAL APPEARANCE n i

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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 

I Names and votes will be made available to the applicant at the applicant's  request. 

I Upgrade of RE Code and Reason and Authority are also denied. 

T WEST.  SUITE 40 
AFB, TX 78150-4742 

AIR FORCE DISCHARGE REVIEW  B 
1535 COIIMAYD DR. EE WING. 3RD 
ANDREWS AFB.  MD 20761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE KUMBER 

FD-2005-00472 

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

The applicant was offered a personal appearance before the Discharge Review 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,  change  of  reason  and  authority  for  discharge.  and  change  of 
reenlistment code are denied. 

I 

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 received a General discharge for Misconduct - Commission of a Serious Offense 

Issue 1.  Applicant states he was never in trouble before the Air Force, has not been in trouble since his 
discharge, has graduated college, has held two long-term jobs  since his release and is now a massage 
therapist, and considers himself an upstanding citizen who will do whatever it takes to make things right if 
given another chance.  The records indicated the applicant received a Special Court Martial conviction for 
two counts of falsely pretending to commercial organizations that he was someone else in order to obtain 
internet access service and international telephone service.  The Board found no inequity or impropriety in 
his discharge and concluded the willful misconduct was a significant departure from conduct expected of all 
military members and found the misconduct of the applicant appropriately characterized his term of service. 

Issue 2.  Applicant contends he is trying to reenlist into the Air Force and serve the rest of his career.  He 
acknowledges that he made mistakes as a young airman and has been regretting being out of the Air Force 
ever since, serving in the Air Force was the best thing in his life and he ruined that with the mistakes he 
made, he was young and away from home for the first time and made some bad decisions, he made 
restitution for everything he did, admitted willingly to everything he did, and served his punishment.  The 
DRB was pleased to see that the applicant was doing well and has a good job; however, no documentation 
was furnished to support applicant's  contentions and these are not matters 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. 

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, reason and authority for the discharge, and reenlistment 
code should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former ABJ (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Wright-Patterson AFB, OH 
on 28 Aug 01 UP AFI 36-3208, para 5.52.3  (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Apr 80.  Enlmt Age: 18 4/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-54,  G-62, M-46. PAFSC: 2W031 - Munitions Systems 
Apprentice. DAS: 24 Mar 99. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Sep 98 for 4 yrs. Svd: 02 Yrs 11 Mo 01 Das, of which 

AMS is 02 Yrs 08 Mos 17 Days  (excludes 2 months 14 days lost time). 

b.  Grade Status:  AB -  9 Apr 01 (SPCMO#5, 2 May 01) 

A1C -  28 Jan 00 
A m  -  28 Mar 99 

c.  Time Lost:  9 Apr 01 thru 22 Jun 01  (2 months 14 days). 

d.  Art  15's:  None. 

e.  Additional: RIC, 06 SEP 00 -  Failure to follow accident reporting 

procedures. 

RIC, 27 JUL  00 -  Taking work keys home. 
RIC, 30 MAY 00 -  Dereliction of duty. 
LOR, 26 MAY  00 - Failed room inspection and poor 
RIC, 18 NOV 99 -  Failure to adhere to safety guidelines. 
RIC, 01 OCT 99 - Dereliction of duty. 
MFR, 05 AUG 99 -  Failure to report back to work after a 

maintenance of government property. 

scheduled appointment. 

RIC, 28 JUN 99 - Late for duty. 
RIC, 07 MAY 99 -  Failure to obey. 
LOC, 30 MAR  99 -  Failure to attend scheduled appointments. 

f.  CM:  Special Court-Martial Order No.5 -  2 May 01 

CHARGE:  Article 134.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  Did, at or near Kadena AB, Okinawa, Japan, 

between on or about 1 May 00  and on or about 31 Jul 00, with 
intent to defraud, falsely pretend to Jens Corporation that he was 
A1C Chris A. Okiyama, then knowing that the pretenses were false, 
and by means thereof did wrongfully obtain from Jens Corporation 
services, of a value of about $345.34, to wit: internet access 
service.  Plea: Guilty, except the word and figure, "about 
$345.34," and substituting therefor the words and figure, "more 
than $100.00."  Of the excepted word and figure, Not Guilty.  Of 
the substituted words and figure, Guilty.  Finding: Guilty, except 
the word and figure, "about $345.34," and substituting therefor 
the words and figure, "more than $100.00."  Of the excepted word 
and figure, Not Guilty.  Of the substituted words and figure, 
Guilty. 

Specification 2:  Did, at or near Kadena AB,  Okinawa, Japan, 
between on or about 1 Jul 99 and on or about 15 Sep 99, with 
intent to defraud, falsely pretend to AT&T  that he was A1C :--------: 
,.-............-.-. 
I-------  - - I ,  then knowing that the pretenses were false, and by 
means thereof did wrongfully obtain from AT&T  services, of a value 
of a value of about $2,155.52, to wit:  international telephone 
service.  Plea: Guilty.  Finding: Guilty.  Sentence adjudged by 
officer members on 9 Apr 01:  Confinement for 90 days, forfeiture 
of $ 5 0 0 . 0 0   pay per month for 6 months, and reduction to AB. 

r - - - - - - - -  

g.  Record of SV: 28 Sep 98 -  27 May 00  Kadena AB  4  (Initial) 

28 May 00 -  16 Feb 01  Kadena AB  3  (CRO) 

h.  Awards &  Decs:  AFOUA, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS: ( 0 2 )   Yrs  (08) Mos  (17) Das 
TAMS: (02) Yrs  (08) Mos  (17) DaS 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 30 Nov 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

Form Appm wed 
OM6 No.  0704-0004 
Expires Aug  3 1, 2006 

1 
I s w t  of  this  m I I K t i o n  I 
I 

APPLICATION FOR THE REVIEW  OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read tnstmctlons on Pages 3 and 4 BflORE cornpleflng rhb apMcat/on..l 

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PLEASE  DO  NOT &TURN  YOUR  FORM TO THE ABOVE  ORGANIZARON.  AENRN COMPLETED FORM  TO  THE APPROPRIATE  AWRESS ON 

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PRIVACY ACT STATEMENT 

AUTnOlWT  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PURPOSEIS):  To apply for  a change in the charscterization or  reason far military discharge issued to an individual. 
ROUTINE  UsE(S):  None. 
DISCLOSURE:  Voluntary; however, failure to provide identifyina information may impede processing of this application.  The request for 
Social Sacurity Number '1s  strictly to assure prcper identificatianaf the individual end'appripriata records. 
1.  APPLICANT DATA  rrhe person  whose discharp is 20  be reviewedl.  PLEASE PRINT OR V P E  INFORMATION. 
I 
b( I AIR FORCE 
a  BRANCH OF geAVlCE  /X onel 
b.  ~ M ~ r ~ - . a . u - - c . . . . . . . . . . . . . .  

1 W I N E  CORPS 

e.  GRADElRANK AT DISCHARGE 

1  COAFT GUARD 

1  N A W  

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OR SEPARATION 

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7. {X if applicablel ~ APPUCATION WAS PRNlOUSLY SUBMITTED ON IWWMMDDI 

b o d   m y   I.0c.b-l  VA  o $ F ; c e   acid 

AND THIS FORM IS SUBMITED TO ADD ADDmONAL  ISSUES, JUSTIFICATION, OR MDENCE. 

- 

8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING AlTACHEO  DOCUMENTS ARE SLIi3MlITED AS EVIDENCE: /Camhue in hem  77. 

If m7itwf d o c u m  w m&al  records are rekveni  to yow  use, @mse send copies.) 

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11.  APFUCANT MUST SIGN Id ITEM 13.k BELOW.  If  the noord in question ia  that of a deemed or  Lncompatent person, LEGAL PROOF OF 

DEATH OR INCOMPHENCY MUST ACCOMPANY THE APPLICATION.  If the apdication b aimed by other than  h e  appllcam;lndlcate 

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and rdatio&iip  by marklng a bdx below. 

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12.a. CURREHT MAlLiNG ADDRESS OF APPUCAM OR PERSON ABOVE 

Ihnwanf mtHhtlon of *ty c h m p  in 6-ddr8zli.J 

I - - - - - - - - - - - - - ' - - - - - - -  

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

WIDOWER 

NEXT OF  KIN  [ ]GAL  REPRESENTATIVE 

I 

13.  CERTIFICATION. 

I make the foregoing rtatements,  as part of my  clalm, wi*  full knowledge of the 
U S .  Code,  ?idle 18, Sections 287 
ar imprisoned nor mws than 5 years. 
b.  DATE SlGPRD - REClUlRED 

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ARMY 

Army  Review floards Agency 
Support Division, St. Louiil 
9700 P e p  Avenue 
h. Louis, MO 83 132-6200 
(Sea hnp:tlerba,army.pentagon.mil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFtMRBR 
550-C Streef West, ,Suite  40 
Randolph AFB,  TX  781 50-4742 

I 

NAVY AND MARINE CORPS 

Naval Council of P m n a l  Boards 
720 Kennon Street, S.E. 
h o r n  309 (IUDR8) 
Washington  Navy Yard, DC 203743023 

COAST GUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Sewnd Street, S.W.  Room 5500 
Washington, DC  20593 

DD .FORM 293, MAR 2004  , 

Page 2  of 4 Pages 

PACIFIC AIR FORCES 

MEMORANDUM FOR AB: 

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

FROM:  18 MUNS/CC 

SUBJECT:  Notification Memorandum 

1.  I am  recommending your  discharge from  the United  States Air  Force  for Commission of  a Serious 
Offense - Other Serious Offenses.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph  5.52.3.  I  am  recommending that  your service be  c-rizd 
as under honorable conditions 
(general)., If your discharge is approved, then I am fbrther recommending b t
 you not receive probation and 
rehabilitation. 

2.  My specific reasons for this action are: 

r -  

I-....-..-.-..-.-..-* 

a.  Between on or about 01 May 00  and on or about 31 Jul 00, at or near Kadena Air Base, Okinawa, 
Japan, you did, with intent to dehud, falsely pretend to Jens Corporation that you were Airman First Class 
then knowing that the pretenses were Mse, and by means thereof, did wrongllly obtain, 
from Jens Corpofation, services, of a value  of more than $100,00, to wit:  internet access, in  violation of 
Article 134, UCMJ,  As a result, on or about 09 Apr 01, you plead and were found guilty by a Special Court- 
Martial.  Your  sentence, adjudged  by   office^  members on  09  Apr  01,  was  Confinement  for 90  days; 
Forfeiture of $500.00 pay per month for 6 months, and, Reduction from the grade of Airman First Class (E- 
3) to the @ g I : ? f m - B a s i c   (Erl).  F'wmmt  to Article M(a) of the UCMJ, your sentence was reviewed 
by Lt Col: .----------------- 
i,  USAF, Deputy Staff Judge Advocate, Headquarters, Fifth Air Force (PACAF), 
and it was determined that the court had jurisdiction over you and the offense as to whch findings of guilty 
had h e n  appmved; the charge and the specification as to which f~ndings of  guilty had been approved each 
stated an offense; the sentence was within legal limits; the findings were supported by fact and in law.  (Tab 
1-1) 

b.  Between on or about 1 Jul99 and on or about 15 Sep 99, at or near Kadena Air Base, Okinawa, Japan, 
------------------ 
you did, with intent to defraud, falsely pretend to AT&T that you were Airman First Class: ---- ----- --_-- --- - j 
then knowing  that  the pretenses were false, and  by  means t h m f ,  did  wrongfully obtain,  from  AT&T, 
services, of a value of about $2 155.52, to wit:  international telephone service.  As  a result, on or about 09 
Apr 01, you plead and were found guilty by a Special Court-Martial. Your  sentence, adjudged by officer 
members on 09 Apr 01, was Confmement for 90 days; Forfeiture of $500.00  pay per month for 6 montQ 
and, Reduction fiom the grade of Airman First Class (E-3) to the grade-?f&-ganB.a_sic  (E-1).  Pursuant to 
Article M a )  of the UCMJ, your sentence was reviewed by Lt Col:. .. .-. .. .-. .. 
USAF, Deputy Staff 
Judge  Advocate,  Headquarters,  Fifth  Air  Force  (PACAF),  and  it  was  determined  that  the  court  had 
jurisdiction over you and the offense as to which f~11dings of guilty had been approved;  the charge and the 
specification as  to which  findings of  guilty  had been  appmved each  stated an offense;  the  sentence was 
within legal limits; the findings were supported by fact and in law.  (Tab 1-i) 

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation 
are attached.  The commander exercising SPCM jurisdiction or a higher authority wiH  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, then you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel,  Military --- legal ------ 
i 
made an appointment for you to consult  CAP f [ - 
1460 on 

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