NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNlSSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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rYPE  BCD 

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PERSONAL APPEARANCE 

wRsm 

YES 

No 

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NAME OF COUNSEL AND OR ORGANIZATION 

MEMBER SITTING 

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I= 

I  RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION  OF COUNSEL 

VOTE OF TNE: BOARD 

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I  OTHER 

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ISSUES  A94.05 

I  INDEX NUMBER 

A68.00 

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EXHUBITS SUBMITTED TO THE BOARD 

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1  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL,  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 
I 

HEARING DATE 

22 Aug 2006 

1 -

CASE NUMBER 

 

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. 

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TO: 

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S AFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

INDORSEhlEST 

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1  FROM: 

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DATE:  812312006 

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SECRETARb  OFTHE AIR FORCE  PERSOSSEL COI'NCIL 
AIR  FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition wiIl be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00005 

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

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 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: 

Although not explicitly stated, the applicant suggested that his misconduct was inequitable because it was 
too harsh.  Applicant contends the command administered unequal punishment to the parties involved with 
the misconduct.  The records indicated the applicant had a Special Court Martial, an Article  15, a Vacation, 
and a Letter of Reprimand for misconduct.  The applicant plead guilty to ten specifications at the Special 
Court Martial Board for the procurement of things of value and for wrongfully and unlawfully writing 
checks that he did not have sufficient funds for the payment of said checks.  He received an Article  15 for 
failure to go at the time prescribed to his appointed place of duty.  He was punished with a suspended 
reduction to airman, restricted to base for 30 days and a reprimand.  The Vacation action resulted from the 
applicant making a false statement to a Security Forces member.  He received a reduction in grade to airman. 
The records also indicated he received a Letter of Reprimand for being absent without leave.  The Board 
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. 

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable. 
The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from 
a Special Court-Martial conviction. Under the provisions of Section 1553, 10 USC, the only basis for a 
change of a Bad Conduct discharge is clemency. The applicant presented evidence which the DRB opined 
did not warrant granting clemency. 

CONCLUSIONS:  The Discharge Review Board concluded that the applicant's  punitive discharge by 
Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient 
basis, as an act of clemency, for change of discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

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

(Former AB)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a BCD Disch fr USAF Vance AFB, CA on 29 Jul 
02 UP SPCMO AC-3 No.1  (Conviction by Court Martial).  Appeals for General 
Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Mar 80.  Enlmt Age: 19 1/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-32,  E-64,  G-72,  M-52. PAFSC: 1C131 -  Air Traffic Controll 
Apprentice. DAS: 16 Nov 99. 

b.  Prior Sv: (1) AFRes 30 Apr 99 -  25 May 99  (26 days) (~nactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 26 May 99 for 6 yrs. Svd: 03 Yrs 02 Mo 05 Das, of which 

AMS is 02 Yrs 10 Mos 16 Das  (excludes 3 months 19 days). 

b.  Grade Status:  AB -  13 Oct 01  (SPCMO AC-3 No.1, 23 Jul 01) 

Amn -  01 Sep 00 (Vacation of Article 15, 21 Dec 00) 
A1C -  16 Jul 99 

c.  Time Lost:  13 Jun 01 thru 29 Sep 01  (3 months 19 days). 

d.  Art 15's:  (1) 21 Dec 00, Vacation, Vance AFB, CA -  Article 107.  You, 
did, on or about 2 Dec 00, with intent to deceive, make 

--------- 

to SSgt : . - - - - - - - - i,  a Security Forces member who was 

: house where you 

attempting to aid you in investigating an alleged theft 
of your personal property, an official statement to wit: 
your wallet, DD Form 2 AF, checkbook and an extra box of 
checks were missing and that you had not been to Texaco 
today, which statement was f alge-j-n-;hat the items you 
reported missing were at A1C  -----------, 
stored them and you had in fact been to Texaco in 
Oklahoma City where you tried to purchase gas with a 
check, and was then known by you to be so false.  You 
did. on or about 2 Dec 00. with intent to deceive. make 
to SSgt I ----------- ., 
attempting to aid you in investigating an alleged theft 
of your personal property, an official statement, to 
wit: you did not go to Texaco today and that you threw 
away your checkbook with all of the carbons, which 
statement was false in that you were in fact at Texaco 
in Oklahoma City where you tried to purchase gas with a 
check and you did not throw away your checkbook and 
: house, and was 
carbons, you left them at A1C: 

:  a Security Forces member who was 

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

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

then known by you to be so false.  Reduction to Airman. 
(No appeal) (No mitigation) 

(2) 1 Sep 00, Vance AFB, CA -  Article 86.  You did, between 

on or about 22 Aug 00 and on or about 24 Aug 00, on 
divers occasions, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
71 Operations Support Squadron located at Building 795. 
Suspended reduction to Airman.  Restriction to Vance 
AFB, Oklahoma for 30 days.  Reprimand.  Remission of 
base restriction in excess of 29 days. (No appeal) (No 
mitigation) 

e.  Additional: LOR/UIF, 10 JUL 00 - Absent without leave. 

f.  CM:  Special Court-Martial Order No.1 -  23 Jul 01 

CHARGE I:  Article 123a.  Plea:  Guilty.  Finding:  Guilty. 

Specification 1:  Did, at or near Oklahoma City, Oklahoma, between 
on or about 1 Dec 00 and 2 Dec 00, with intent to deceive and for 
the procurement of things of value, wrongfully and unlawfully make 
to Lowers Home Improvement Store, a certain check upon the Safe 
Federal Credit Union, in words and figures as follows, to wit: 
Check No. 627, dated 1 Dec 00, for $334.62, then knowing that he, 
the maker thereof, did not or would not have sufficient funds in 
or credit with such credit union for the payment of the said check 
in full upon its presentment.  Plea:  Guilty.  Finding:  Guilty. 

Specification 2:  Did, at or near Oklahoma City, Oklahoma, between 
on or about 1 Dec 00 and on or about 2 Dec 00 did, with intent to 
deceive and for the procurement of things of value, wrongfully and 
unlawfully make to Target, a certain check upon the Safe Federal 
Credit Union, in words and figures as follows, to wit: Check No. 
629, dated 1 Dec 00, for $337.63, then knowing that he, the maker 
thereof, did not or would not have sufficient funds in or credit 
with such credit union for the payment of the said check in full 
upon its presentment.  Plea:  Guilty.  Finding:  Guilty. 

Specification 3:  Did, at or near Oklahoma City, Oklahoma, on 
divers occasions, between on or about 1 Dec 00 and on or about 2 
Dec 00 did, with intent to deceive and for the procurement of 
things of value, wrongfully and unlawfully make to Barnes and 
Noble Book Store, certain checks upon the Safe Federal Credit 
Union, in words and figures as follows, to wit: Check No. 630, 
dated 1 Dec 00, for $269.69, and Check No. 648, dated 2 Dec 00, 
for $283.70, then knowing that he, the maker thereof, did not or 
would not have sufficient funds in or credit with such credit 
union for the payment of the said checks in full upon its 
presentment.  Plea:  Guilty.  Finding:  Guilty. 

Specification 4:  Did, at or near Oklahoma City, Oklahoma, on 
divers occasions, between on or about 1 Dec 00 and on or about 2 
Dec 00, with intent to deceive and for the procurement of things 

of value, wrongfully and unlawfully make to Walgreen's, certain 
checks upon the Safe Federal Credit Union, in words and figures as 
follows, to wit :  Check No. 633, dated 1 Dec 00, for $361.93, and 
Check No. 640, dated 2 Dec 00, for $319.26, then knowing that he, 
the maker thereof, did not or would not have sufficient funds in 
or credit with such credit union for the payment of the said 
checks in full upon its presentment.  Plea:  Guilty.  Finding: 
Guilty. 

Specification 5:  Did, at or near Oklahoma City, Oklahoma, on 
divers occasions, between on or about 1 Dec 00 and on or about 2 
Dec 00, did, with intent to deceive and for the procurement of 
things of value, wrongfully and unlawfully make to Wal-Mart, 
certain checks upon the Safe Federal Credit Union, in words and 
figures as follows, to wit: Check No. 636, dated 2 Dec 00, for 
$349.99, Check No. 637, dated 2 Dec 00, for $401.88, Check No.635, 
dated 1 Dec 00, for $354.71, and Check No.643, dated 2 Dec 00, for 
$354.71, then knowing that he, the maker thereof, did not or would 
not have sufficient funds in or credit with such credit union for 
the payment of the said checks in full upon its presentment. 
Plea:  Guilty.  Finding:  Guilty. 

Specification 6:  Did, at or near Oklahoma City, Oklahoma, on 
divers occasions, between on or about 1 Dec 00 and on or about 2 
Dec 00, did, with intent to deceive and for the procurement of 
things of value, wrongfully and unlawfully make to Home Depot, 
certain checks upon the Safe Federal Credit Union, in words and 
figures as follows, to wit: Check No. 644, dated 2 Dec 00, for 
$304.21, Check No. 645, dated 2 Dec 00, for $353.83, then knowing 
that he,- the maker thereof, did not or would not have sufficient 
funds in or credit with such credit union for the payment of the 
said checks in full upon its presentment.  Plea:  Guilty. 
Finding:  Guilty. 

Specification 7:  Did, at or near Oklahoma City, Oklahoma, 
between on or about 1 Dec 00 and on or about 2 Dec 00, did, with 
intent to deceive and for the procurement of things of value, 
wrongfully and unlawfully make to Staples, certain checks upon the 
Safe Federal Credit Union, in words and figures as follows, to 
wit: Check No. 649, dated 2 Dec 00, for $310.49, then knowing that 
he, the maker thereof, did not or would not have sufficient funds 
in or credit with such credit union for the payment of the said 
checks in full upon its presentment.  Plea:  Guilty. Finding: 
Guilty. 

Specification 8:  Did, at or near Oklahoma City, Oklahoma, 
between on or about 1 Dec 00 and on or about 2 Dec 00, did, with 
intent to deceive and for the procurement of things of value, 
wrongfully and unlawfully make to Office Depot, certain checks 
upon the Safe Federal Credit Union, in words and figures as 
follows, to wit: Check No. 603, dated 2 Dec 00, for $355.87, then 
knowing that he, the maker thereof, did not or would not have 
sufficient funds in or credit with such credit union for the 
payment of the said checks in full upon its presentment.  Plea: 

Guilty. Finding:  Guilty. 

Specification 9:  Did, at or near Oklahoma City, Oklahoma, 
between on or about 1 Dec 00 and 2 Dec 00, did, with intent to 
deceive and for the procurement of things of value, wrongfully and 
unlawfully make to Applebee's, a certain check upon the Safe 
Federal Credit Union, in words and figures as follows, to wit : 
Check No. 634, dated 1 Dec 00, for $300.00, then knowing that he, 
the maker thereof, did not or would not have sufficient funds in 
or credit with such credit union for the payment of the said check 
in full upon its presentment.  Plea:  Guilty. Finding:  Guilty. 

Specification 10:  Did, at or near Oklahoma City, Oklahoma, 
between on or about 1 Dec 00 and on or about 2 Dec 00, did, with 
intent to defraud and for the procurement of things of value, 
wrongfully and unlawfully make to Sear Department Store, a certain 
check upon the Safe Federal Credit Union, in words and figures as 
follows, to wit: Check No. 626, dated 2 Dec 00, for $323.61, then 
knowing that he, the maker thereof, did not or would not have 
sufficient funds in or credit with such credit union for 
the payment of the said check in full upon its presentment.  Plea: 
Guilty. Finding:  Guilty. 

CHARGE 11:  Article 107.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did at or near Vance AFB, Oklfih-xn~., on or about 2 
Dec 00, with intent to deceive, make to SSgt 1 -------1, '  a Security 
Forces member who was attempting to aid him in investigating an 
alleged theft of his personal property, an official statement, to 
wit: his wallet, DD ~ b r m  2 AF,- checkbook and an extra box of 
checks were missing and that he had not been to Texaco today, 
which staterng-~L--ycig false in that the items he reported missing 

: house where he stored them and he had in fact 

were at A1C L ----------. 
been to Texaco in Oklahoma City where he tried t o , - ~ u r ~ ~ s e - q ~ - ~ - - - - - - -  
with a check, and was then known by the said A1C: ............................. 
to be so false.  Plea:  Guilty.  Finding:  Guilty.  Sentence 
adjudged by military judge on 12 Jun 01:  Bad conduct discharge, 
confinement for 5 months, and reduction to AB. 

g.  Record of SV: 26 May 99 -  25 Jan 01  Vance AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (12) Das 
TAMS:  (02) Yrs  (10) Mos  (15) Das 

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

(Change Discharge to General) 

Issue 1:  I received a BCD and was only a participant in the deed for which 

I was discharged.  The instigator and person who planned the deed was given 
immunity to testify against me and received no punishment.  I believe the 
command administered unequal punishment for the same deed.  I have less then 1 
year left to receive my 4 year degree.  I have worked dilligently  (sic) since my 

discharge to make up for my  immature actions in the USAF.  I have a 6 year old 
son for whom  I am responsible as a single parent.  My discharge limits my 
employment  opportunities greatly.  A  compassionate review and favorable 
adjudication is requested. 

ATCH 
None.