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AF | DRB | CY2006 | FD2005-00480
Original file (FD2005-00480.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MID 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

X 

X 

X 

X 

1 
2 
3 

OKDEK AI'I'OIN'I'ING  THE BOARD 
APPLICATION  FOR m V I E W  01' DISC1 IAKGI? 
LETTER OF NOTIFICATION 
BRlEF OF PERSONNEL FI1,E 

PERSONAL APPEARANCE 

ISSUES 

A94.06 

INDEX NUMBER 

A67.50 

IlEARlNG DATE 

19 Sep 2006 

CASE NiJMBER 

FD-2005-00480 

Case heard in 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  request. 

. -. 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
ItANDOI,PH AFB, TX 781 50-4742 

SECRETARY OF THE AIR  FORCE PCHSO\\tI  C o t  \( 11 
%1R FORCE DISC114RCE R E \ l E U   BO1RD 
1535COMM%hD DR  CC U l h C  3RD Fl OOR 
ANDREWS AFB, MD 20762-7002 

AFBQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00480 

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

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:  The request for upgrade of discharge to honorable is denied.  However, the discharge is 
upgraded to general. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify  a change of discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the applicant's discharge was too harsh and approved an upgrade of 
discharge to General. 

ISSUE: 

After a thorough and complete consideration of the information provided by the applicant and contained in 
the records, the DRB concluded there was sufficient mitigation to substantiate upgrading the discharge. 
Specifically, the Board found that the characterization was too harsh.  Although the DRB did not condone 
the misconduct of the applicant, a General discharge was deemed appropriate and equitable. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's  service is more accurately reflected by a General discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT,OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTBC Disch fr USAF Bolling AFB, DC on 30 
Jun 05 UP AFI 36-3208, para 5.50 (Pattern of Misconduct).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 26 Jul 76. Enlmt Age: 20 4/12.  Disch Age: 28 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-44,  G-36,  M-25. PAFSC: 3A05L -  Information Management 
Journeyman.  DAS: 19 Nov 04. 

b.  Prior Sv: (1) AFRes 10 Dec 96 -  25 Feb 97 (2 mos 16 days) (Inactive). 

26 Feb 00 for 4 years.  Svd: 06 yrs 04 mos 05 das.  A1C -  26 Dec 97.  SrA -  26 
Aug 99, SSgt -  L  Jan 02.  EPRs: 5,5,5,5,5. 

(2) Enlisted as A m  26 Feb 97 for 4 years.  Reenlisted as SrA 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt L Jul 03 for 5 yrs. Svd: 02 Yrs 00 Mo 00 Das, all 

AMS . 

b.  Grade Status:  SRA -  25 May 05  (Summary CM, 25 May 05) 

c.  Time Lost:  None. 

d.  Art 15's:  None, 

e.  Additional: None. 

f.  CM:  Summary Court Martial -  25 May 05. 

CHARGE I:  Article 86. 
Specification:  In that ss9t I - - - - - - - - - - - - - - - - - - - - - - - - - - '  
Bolling AFB, DC, did, within the continental US, on or about 22 
Jul 2004, without authority, fail to go at the time prescribed to 
her appointed place of duty, to wit:  the XOXW Division Office, 
Pentagon, Arlington, VA.  Plea:  Guilty.  Finding:  Guilty. 

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

b  USAF, 11 CS, 

CHARGE 11:  Article 92. 
Specification:  In that ss9t : .........................  :, 
'  USAF, 11 CS, 
Bolling AFB, DC, who knew or should have known of her duties 
within the continental US, on divers occasions, between on or 
about 16 Jul 2004 and on or about 23 Jul 2004, was derelict in the 

1 2  DEC - .  2005 

, 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Pfease reed hstructions on Pages 3 and 4 BEFDRE cornplethg this appfimti0n.J 

/ I  

Form Apprrrved 
OMB No.  OSOLMXX14 
atpiires dug 3 7,2006 

A 

psnahy for f a l b  to comply with a Fdldon of infomet@ if It  doer not dirplsy a currmhl vatid Okw cmtd rumba. 
PLEASE DO NOT FtFNRN YOUR  FORM TO THE ABOVE ADDRESS.  RFKIW COMPUTED FORM TO THE APPROPWATE ADDRESS OM BACK OF THIS PAGE. 

4 

P-PURPOSEIS): 

A W T H O R ~  10 U ~ C .  1553;  E.O.  9397. 

To apply for a 

PRIVACY ACT STAlTh4ENT  ' 

in the characterization or reason for military discharge issued t o  an indidual. 

ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying  information  may impede processing of this applibation.  The request for 
Soiial Security Number is strictly t o  assure proper identification  of the individual and appropriate records. 
1.  APPLICANT  DATA  (The p m n  whose discharge is to be r e v i e d J .  PLEASE PRINT OR TYPE UUFORMTION:  . 
a BRANCH  OF S ~ C E  IX onel  I 
( 

I COAST GUARD , 

I MARINE CORPS 

~ I A R Z F O R C E  

1 ARMY  I 

J N A W  

- 

+ 

.

' 

.

, 

 
, . , .  * 

7- (Xif-applicabJeJ A N  APPUWTION WAS PREVIOUSLY SUBMITED ON ~ W M M Q D }  

AND THIS FORM IS SUBMIITD TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR EVIDENCE 

8-  IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING AlTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  {Continue h hem 77. 

&cat 

records are relevlvlf to your case, please send copiesS) 

9. TYPE OF REVIEW REOUESTED (X one) 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDmONAL DOCUMENTAnON 
SUBMITITO BY M E  I AND/OR Icou~epresentafiveI WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR  ~couns&~re&nhtAeJ WlSH TO  APPEAR AT A HEARING AT NO D(PENSE TO THE GOVERNMENT B W R E  M E  BOARD IN THE 
WASHIN[;TDN.  D.C.  METROPOLSTAN AREA. 
I ANDJOR tcoUmeMep~senrarihJ W-EH  Y e P P - W R  ATA HEARING AT NO MPENSE TO THE GOWNMENT BEFORE A TRAVELINB PANEL CLOSEST TO 
'TmBnter &y  i t ?  state] 
W O E -  m e  S v y  D&&&eREFiew  Boaddoes no? have a mv&g  p a d l  

10.a.  COUNSEt./REPRESWATlW  (If snyl  NAME East, 

/See Item 10 of the hstructions about munselrepmsentative.) 

Mad/*  /&.I) 

AND ADDRE= 

b.  TELEPHONE NUMBER flndude Area  Code) 

c-  M l W L  

I  :

*

 

b.  DATE SIGNED - REQUIRED 

IYYYYMMDD) 

PREVIOUS EDITIONS ARE OBSOLETE. 

, CASE NUMBER 

D o  not wrf@ h this space.) 

,  .: 
. . 
F)~gyp5~- D @ f D   . 
I 

.  .^  ,  + f  

Page 1 of 4 Pages " " '  

1 1.  APPLICANT MUST SIGN IN rfEM 33.a.  BELOWd If the record in question is that of a deceased or inco,mpetent person.  LEGALPRO,OF OF 

OR  INCOi'dPETENCY MUST ACCOMPANY THE APPLICATION.  H the application is sign&  by other than the applicant indicate 

' the name @htj 
SPOUSE 

WIDOW 

WIDOWER 

and relationsh*~ by marking a box below : 
NaCf OF KIN  ) LEGAL REPRESENTATIVE ( OTHER (~pi&j 

12.a.  CURRENT MAILING ADDRESS OF APPUCANT OR PERSON ABOVE 
-. -. Jb'nmuami  nel;fwe.cbsnfm.  rbrr-r ir -Ar-  L - - 

I '  

- . - - - - - - - - - - - - - - - - - - - - - - I  

13.  CERTIFICATION-  I make the foregoing statements.  as part of my claim,  with full knowledge of the 
false statement or claim.  /U.S.  Code,  TH/e 78,  Sembns 287 
I[ be fined under thjs title or impn'soned not more than 5 years, 

d.  FAX NUMBER (Indude Area Code) 
 

-

.

I 

I 

b.  ,m FBUCINE MWSL  U O C ~ U ~ ~  - Code) 
d.  FAX Nhlink-&-fl~6bK..rea  Codel  -4 

c~E~MA,U'"'"'"'"'""""'"'"'"'""' 

I 

02/01/2006 

15: 13 

2024048022 

MILITARY  JUSTICE 

PAGE  02 

I 

Dl.-,rRTMENT OF THE AIR FORCE  '-a 

llLh Wine 

*S? 
MAY 2 s tbas 

MEMORANDUM FOR S T W  SERGEANT: L ...-.-....-.-....-------- 

> : 11CS 

SUBJECT: Notification Memorandum 

I.  I am recommending your discharge fiom tile United States Air Force for a pattern of 
mjsconduct.  T h e  authority for this action is AFFD 36132 and AFI 36-3208, pantgraph 5.50, 
Copiesl of the documents to be forwarded to the separation authority to support this 
recommendation are attached. 

a 

2.  My reason for this action is that, ..................... 
you and on 19 M a y  2005, Colonel: ...-.-....-.-....-.-. 
referred your case to trial by summary court-msrtial: 

on 11 May 2005,l preferred the following charges against 
:, th,e Mission Support: Group Command&,. 

a.  You did, within the continental United States, on or about 22 July 2004, without 

authority, fail to go at the time prescribed to your appointed place of duty, to wit: the XOXW 
Division Office, Pentagon, Arlington, Virginia. 

b.  YOU, who knew or should have known of your duties within the continental United 
States, on divers occasions, between on ox about 16 July 2004 and on or about 23 July 2004, 
were derelict in the p e r f o m c e  of those duties in that youwillfully failed to refrain from. using 
your government travel card fox personal expenses, as it was your duty to do, by spending over 
$4,500 for personal use. 

c. You did, at or near Oxon Hill, Maryland, betureen on ar about 1 Jmwq 2004 and on 

or about 2 1 July 2004, wrongfully possess a firearm wluch was not registered to you in the 
~ a t i o n a l  Firearms Registration and Transfer Record, in violation o f  26 United States Code 
Section 5861(d). 

d.  You did, at or near Oxon Hill, Maryland, bctween on or about 1 Jmwy 2004 and on 

or about 2 1 July 2004, wrongfully possess a fiearm  having the serial number required by 
Chapter 53, Title 26, Unitcd States Code, obliterated, removed, changed, or altcred, in violation 
of 26 United States Code Section 5861(h). 

e. For this, you were convicted at Summary Court-Martial and seceived a sentence of 

reduction to the grade of senior aiman. 

3.  This action could result in your separation under other than honorable conditions 
(UOTHC).  I am recommending you receive a UOTHC discharge.  The commmdcr exercising 
special court-mdal jurisdiction or a higher authority will make t l ~ e  find decision in this matter. 
If you are discharged, you will be ineligible for reenlistment in the Air Force and will probably 
be denied enlistment in any component of the armed forces.  Any special pay, bonus, or 
education assistance b d s  may be subject to recoupment. 

WORLD CLASS PEOPLE ... WORLD CLASS SUPPORT 

R e c e i v e d  T i m e   F e b .   1, 

1:04PM 
- -  

- 

- 

9  02/01/2006 

15: 13 

2024048022 

MILITARY  JUSTICE 

PAGE  04 

1 1:  Execute the attached ~chowledgement and return it to me immediately. 

~ttachrnents: 
1.  Sumnary 
3.  S S d  
4.  SS@~ 

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

Court Martid Record of Trial, 25 May 05,2 pgs 

i Receipt of Notification Memorandum 
ifhard Hearing or Unconditional Waiver: 

WORLD CLASS PEOPLE ... WORLD CLASS SUPPORT 

R e c e i v e d   Time  F e b ,  

1, 

1:04PM 



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