NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  GEN 

PERSONAL APPEARANCE 

I  GRADE 
AMN 
X  I  RECORDREVIEW 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME O F  COllNSEL AND OR ORGANIZATION 

ADDRESS AND OH ORLANILATION Ok  COUNShL 

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EXHIBITS SUBMITTED TO THE BOARD 

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ORDER APPOMTMG THE BOARD 
API'LICATION  FOR REVIEW OF DISCHARGE 
I.EI"TEK OF NUI'IFICATION 
1  BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS $UBM~l"I'EI) A'I' 'TIME  OF 
PERSONAL APPEARANC F, 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

HEARING DATE 

CASE NUMBER 

02 Nov 2006 
APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAI. R?\TIONAL ARB DISCL'SSED ON THE AITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAI. RATIONALE 

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 AFBCNlR 

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - * - - * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

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TO: 

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

., 

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DATE:  12/5/2006 

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bk:(  HETAHV OFTIIEAlR FORCE PERSONNEL  ( O l  h ( l l  
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING,3RD FLOOR 
ANDREWS AFB, MD Z076Z-7WZ 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

C'ASE N I I M B t K  

F1)-2(,06-00(,07 

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:  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 changc of discharge. 

lSSUE: 

Applicant contends there was an impropriety in his discharge from the Air Force.  He states his pretrial 
agreement was breached when the government processed an administrative discharge after the window they 
set in his pretrial agreement.  This issue is without merit.  The records indicated the applicant received a 
Special Court Martial for being drunk and disorderly and carrying a concealed weapon.  He was sentenced 
by  a military judge with a reduction in grade lo airman and 45 days of confinement.  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. 

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 should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Maxwell AFB, AL on 21 
Dec 05 UP AFI 36-3208, para 5.52 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 3ul 82.  Enlmt Age: 19 1/12.  Disch Age: 23 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-55,  G-53,  M-41. PAFSC: 4Y051 - Dental Assistant. 
DAS: 1 Jun 03. 

b.  Prior Sv: (1) AFRes 11 Sep 01 -  25 Sep 01  (15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  26 Sep 01 for 4 yrs.  Extended 12 Nov 05 for 3 months. 

Svd: 04 Yrs 02 Mo 26 Das, of which AMS  is 04 yrs 01 month 21 days  (excludes 1 
month 5 days lost time). 

b.  Grade Status:  A m  -  17 Nov 05  (SPCMO #1, 17 Nov 05) 

SrA -  26 Sep 04 
AlC -  26 J u l   02 

c.  Time Lost:  11 Oct 05 thru 16 Nov 05  (1 month 5 days). 

d.  Art15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial No.1 -  17 Nov 05 

CHARGE I: Dismissed. 

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

Specification 1:  Was, at or near Maxwell AFB, AL, on or about 25 
Jun 05, drunk and disorderly which conduct was to the prejudice of 
good order and discipline.  Plea: Guilty.  Finding: Guilty. 

Specification 2:  Did, at or near Maxwell AFB, AL, on or about 25 
Jun 05, unlawfully carry on or about his person a concealed 
weapon, to wit: a gun.  Plea: Guilty.  Finding: Guilty.  Sentence 
adjudged by Military Judge alone on 11 Oct 05:  Reduction to the 
grade of Airman and 45 days confinement. 
g.  Record of SV: 26 Sep 01 -  25 May 03  Scott AFB 

5  (Initial) 

26 May 03 -  25 May 04  Maxwell AFB  5  (Annual) 
25 May 04 -  25 May 05  Maxwell AFB  5  (Annual) 

h .   Awards &  Decs:  AFGCM, NDSM, GWOTSM, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (06) Das 
TAMS:  (04) Yrs  (01) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Dec 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Pretrial Agreement and Addendum. 
3 ,  Notification Memorandum. 
4. Extension of Enlistment. 
5. Defense Exhibits. 

JAN  0 $2m(L1  ' 

4 

APPLICATION FOR THE REVIEW OF DISCHAROE OR DISMISSAL 

FROM THE ARMED FORCES OF 'THE UNITED STATES 

(Please re& 

insrrucrlons on Pegss 3 and 4 BEFORE completing thk appketion.) 

Farm Approvsd 
OM8 NO. O7W-COW 
Explres Aug 31, 2006 

Tha puMls rmtmtkrg budan tor FMn cdhdon of hhation 1,  utlnutad w rvrmp. 30 mi- 
pr  rnponre, InalWing th. time for nvlewln~ hrtrudm~. warchimg axletlng data w e n ,  
patharing and malntmlnlna th. h t a  n4bsDk Ud mmpllllwd  end revl.wine 
ratirnata or  M y  0 t h  #.Wet of thl* wHoctIC4 
cd lnla.tim,  k c l u d l ~ ~  wrjprtloru lw rrdwln~ ma h u d a ,  to Dwurmm e l  Dafmu. Wuhingtm H d q u u u n  hrvlc.r.  O i s t a l t r  for Infwm~tlon Opatlon8 md R.poru 10704.OM)41. 
1216 ~ffvyul Drvh Hbhw.y.  suite 1204,  moton, VA  222024302.  Rupondrnu JlDuld  b awar. 
l h m t  notwllhrtudng m v  o h  wovirim of law. no DOM  AlW  be wblnct to mv 
pn.ltv 
PLCASE DO NOT RfWFlN YOUR  FORM TO THE ABOVE ADME68.  RnURN COMPLETED FORM TO THE APPROMIAW ADDRESS  ON BACK  OF THlS PAGE. 

fw hiling ta amply wlm l cdl.elon  of Infurn.tivn W  B d m  not dlrp(av m  cunmntW vrUd OMB uontrol m h x w .  

t h m  cdl~ctlon of lnlomutlon.  e n d  ~ o m m  mpmrdino lhu bur& 

PMVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C. 1653;  L O .  8397. 
PRINCIPAL WRPOSE(S1:  To applv fw a chsngn in tha chnracterizatlon or reason for rnllitary discharge laaued to an individual. 
ROUTINE USEiS):  None. 
DISCIdSURE:  Voluntav;  howavar,  failure to provide identifying Information may Impede processing of this application.  The request for 
Soclql Security Number Is strlctlv to asdurn proper Identification of the individual and appropriate records. 
1.  AP~ICANT 
,.-..-.. 
b.  NAME [&r,  flr+r,-yi&/e hhrbll 

DATA  (The person whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 

I COAST WARD 
d.  SOCIAL SECy?Fx NyM?EPP 

NAVY 

c.  GRADElRANK AT  DIPCHARBE 
I 

lz  1 

id-L 

2.  DATE OF DISCHARGE OR SEPARATION 

tWYYMMOD) /If dare Is mom than 15 years 
.
-
ago, submit r  DD Porn  1491 
'  20051251 

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-

 

3. UNIT AND LOCATION AT DISCHARGE 
42d ADOS Maxwell m. 

OR  SEPARATION 

4.  DISCHAROE CHARACTERIZATION RECEIVED IX om/ 

' 

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K 

I 

HONORABLE 
OENERALNNDER HONORABLE CONDITIONS 
UNDLR OTHER THAN nONORABLE CONBITIONS 
BAD CONDUCT tSpscisl couWmartiSI only1 
UNCHARACT ERIZED 
OTHEFI IExpbinl 
I 

5.  BOARD ACTION REQUESTED /X one/ 
% 
-- 

CHANGE TO  HONORABLE 
CHANOE TO  G L N E W N D E R  
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERIZED 
(Not sppllcslJs for Air Force/ 
CHANOE NARRATlVe REASON FOR 
SEPARATION TO 
I 

I 

Page 3.1 

6.  ISGUES:  WHY AN UPGRADE OR  CHANQE IS REQUESTED AND JUSTIFICATION FOR THE REDLIEST I C m r ~ n u ~  h h m  74,  See mst~ctlonr on 
My pretnal agreement was breached when the government proccased an adminstrative discharge against me after the window thay 
sct in my prcttial agrcmcnt. Thc modification to Appendix A of my pretrial agreement specifica)ly  states,  "the government iu this 
any sooner than two weeks after the childbirth of 
case agrees to not process an adrninstrative discharge action against the A c c ~ ~ ~ c d  
, Mrs. Igbhoba but not later than 6 Docemeber 2005." I was served the admiustrative discharge notification on the 8 Dec 05 starting 

7. IX if applicable) AW  APPLICATION WAS PREVIOUSLY SUBMllTED ON IYYWMMPDl 

AND THIS FORM I@ SUWIITED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR  EVIDENCE. 

If rnUlterv  documents or msd~csl fwcords vro rslevenr to your case,  pkase send  cop1ao.l 

8.  IN SUPPORT  OP THIS APPLICATION. THE FOLLOWING AlTACHED DOCUMENTS ARE  SUBMI'ITED  A$  EVIDWCk /Continue In  itam  17. 
Attachment I Pretrial agreement and the addendum 
Attachment  2 Notificatiop Memorandum 

9.  TYPE OF REVIEW REQUESTED IX one) 
x 

CONDUCT A RECORD REVIEW OF MY MSCHAAGE BAS60 ON MY MlUYARV ERSQNNU ALE AND ANY ADDITIONAL DOCUWNTATION 
SUPMllTED BY ME.  I AND/OR /cw~oUnpnrsentativm/ WILL NOT APPEAR BEFORE THE BOARD. 
I  f AND/OR Icoundsl/~resanbtiva/ WlsH 10 APPEAR AT  A HEARINQ AT  NO F.XWSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 

-  -  - 

(Sea hem  70 of the hsrfuctrbns about ~aun6eVrwwentativc.I 

I da 

11.  APPLICANT MUST SIGN IN KEM 13.a.  BELOW.  If the record in qussdbn Ir that of a alrconmd or Inoompstmt person, LEGAL PROOF OF 
1 SPOUSE 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the awllcatlon b sluned bv othw than tha a~dIcmnt. Indlccltn 
h lrpms b m t l  

~d 
LEGAL IEPREGEMATIM ( OTHER  IS~ecifyl 

WIDOW  n WlDOWER 

l @ l d o & ~ p  by ~ k l G  8 box below. 

NEXT OF KIN 

. . 

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

b.  TELEPnONE N L I ~ ( I n d u c d 9 4 ~ C p d s I  

fFonv8fd mtNIcathn of sny ch.nge b addmaa.) 

- - - - *- - - - - - - - - - - 

C...-..-..-..-..-.-..' 

d.  FAX  NUMBER (Include Ares  O d e }  

da 

CASE NUMBER 

/Do not  write in this space.) 

13.  CERTIFICATION. 

pndth invdvd for  wlOMy  n*&  a h*. s t . ~ n t  s dab. 1u.S. Cod#, W& 18, S!30","2: 

J make tha for  olng stutWMMt,  as part of my claim, with fun know 

and  1001, pmvlda that an indlvMoe1 shall be fined under thls title ar  lmprhoned not mom than 6 yeer8, 
or both.) 

n.  : 6 W T V B E   RELW6EO ldau1huz bc P # ~ R O  k h y  11 abow) 

b.  DATE SIGNED  REWIRED 

IY WYMMDDI 

2005 1226 

PREVIOUS EDITIONS ARE OBSOLETE. 

Pmga  1 of 4 Pages 

14. CONTINUATION OF trtM  6, ISSUES  flf sppllcablel 
the process for the adminstrativc discharge. I extended my ETS because the court martial took place after my ETS expired in late 
Sep 05 and I needed the assuraact that my family would not bc left without support if I was s ~ n t  to confmnnent. I have served my 
punishment and I was aot adjudged a bad conduct discharge. It is my understanding that the trial counsel stated tbat the covening 
authority would consider either an agreement not to approve a bad conduct discharge or a cap on confinement not both. I chose a 
cap on confinement for my family, and I served the adjudged confinement. I was shocked that that trial counsel told the judge that 
the intent was to dischatge me immediately after I =wed  confinement, oven if my wife had not delivered our child, he said this to 
the judge even though our agreement was specifically to extend my ETS to allow for medical care for my child's delivery in Nov 
05. I appreciate that the judge fccognized the concern which led to tho addendum to the pretrial agreement. At that point, I bad the 
choice to accept the pretrial agreement or refuse  it. I accepted it bccause I wanted be responsible for my family. It seems inherently 
unfair that I was discharged a few days before my extended ETS. Had I not been responsible for my family, I would bave been 
separated after my ~onfmnnent and I would have a honorable discharge. It sterns unreasonable that taking care of my family 
resulted in a general dischatge, but not being responsible would have resulted in an honorable. 

15. CONTINUATION OF ITEM 8, GUPWkTING DOCUMEN7S Ilfapplicsblel 

16. REMARKS /If  applicable) 
In my case, the Airforce did not follow its own rules and regulations set in accordance to my pretrial agreement in processing my 
my discharge. 1 was advised by my unit that I had to go to the legal office upon release from confinemefit to be discharged the 
following week The legal office told me to go sec my ADC or unit. My w i t  expected me to be discharged the following week 
because my wife had our daughter a week earlier. I had to look into voluntaty separation. With the assistance of my acting 
commander, I applied for it (Awchment 4). I was th5g-k limbo until I was served the discharge notification. The discharge 
notification stated I had an appointment to see Maj- - - - - At 0730 on 12 Dec 05, I signed that 1 had been given an appointment 
relying on the notification memorandum from 42ADOSlCC. Unfortunately, the ADC office knew nothing of the appointment. 
Apparently, my unit and JA decided on the t h e  without oven asking the ADC and knowing the ADC was on SAV and TDY the 
following week,  including 12 Dec 05. (Attachment 5 ) I am concerned that this procesa is made to have the appearence of fairness, 
but in fact, it is void of any fairness. I was not afforded a significant amount of time for legal counsel because of the runh to 
separate me before my ETS. The notifaction memorandum stated that the court-martial was on  16 Nov 05 when, in fact it was 11 
Oct 05. I feel as though disrtgatd to signficant details indicative of the lack of attention to my  paticular situation. When I was 
served the notification package by my first sergeant, I told him I did not want to waive my rights to write a respone to thc 
separation authority, my first sergeant said, "the legal office was going to be mad".  Please consider the fact and cicrunstances in 
determioing whether my dischatge ahould be upgraded, I am  also including my sentencing package from my court-martial 
(Attacbment 6). 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

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ARMY 

Army Revlew Boards Agency 
Suppon Division, St. Loulr 
9700 Pogo Avenue 
St, Louie, MO  83132-6200 
[Sae http:llerbe.emy.pentagon.mll) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
BbCbC Street West,  SUhe 40 
Randolph AFB,  TX  781 50-4742 

I 

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DD FORM 293, AUG 2003 

I 

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NAVY AND MARINE CORPS 

Navel Council of Personnel Boards 
720 konnen Street, S,E. 
Room 309 /NOFIB) 
Waahington Navy Yard,  DC  20374-6023 

COAST GUARD 

U S ,  Caaat Guard 
Commandant (G-WPM) 
2100 Second Stroet, S.W.  Room 6500 
Washington, DC  20603 

1 
Page 2 of 4 Pagw 

.------------------------ 
MEMORANDUM FOR AIRMAN i ------------------------. 

SUBJECT: Hatiflcatron Mamarandurn 

1.  I am rcoommmding your dlschargc h m  the United Statas Air Force for Misoonduct: 
Camrnlasion of a Serious Offonsa.  Thc authotity for this action is M D  36-32 and API 36-3208, 
paregraph 5.52.  If my recommendation is approved, your mice will be chmctErkmd as an Undm 
Hanotable Conditiws ( h e r a l )  Discharge,  I am recommending that p u r  mviczt be characterized 
as an Under Honatablc Conditions (GcneraI) M s c h q c ,  

2. My reason for this &on 

is: 

On or about 16 Nwembtr 2005, you were found  guilty at a Spacial Courts-Martial of 

vidltrting Article 134 ofthe UCMJ.  ' h e  punishment consisted of mduction #r the grade of Airman 
and 45 days confiammt.. 

Copies of thc documents to ba ft~rwarded to tt~c separation authority in support of this 
mmmcndation arc attached.  Tho cammander cxercisin,g SPCM jurisdiction or higher d o r l t y  
will decide whether you will be discharged or rctainsd in tho United States Air For& and, if  you 
tua discharged, how your service will be chamcterizod.  U p u  are diaeheu-gcd, you wifl be 
ineligible for rcerlllgtment in the Air P a c e  and any spccial pay, bonus, 6t education assfstance 
funds may be subject ta tecauprnant. The separation authority will makc the Andings and 
rccommcndationa required under 10 U.S.C. Section 200S(g). 

3.  You have the right to consult counsel,  Military !ag&q~u~-vt has bwn obtained to assist yau. 
1 have made an appointment for yau tn toilsult l'dql; -- ----- -- -, 
Bldg 40, M m l l  AFB on lar&ours. 
axpensc. 

You may c?nmlt  civilian souare1 at y o u  own 

:at the Area Defense Counsel at 

4.  You have the right to aubmit statemerlts in your own behalf, Any statments you want the 
separation authority tc~ cbnafdcr must reaoh rnc by  1 3  04 c 0 
unlad you request and 
rtcsive an extension fm good causc ehom, I wlll send them to the mparation wlhodty. 

5 ,  If you fail to censuIt counsel or to submit statement$ in your own behalf, your failure wjli 
constitute a walver of your right to & so. 

6, You have bem schaduled for a medical mamination. You mug roport to  'CSIdr Tm- 

on 

d s  , at , E Y Y  

hours for thc cxernination. 

1. Any parsonrl information you firnish in rebuttal is covered by #re Privacy Act of 1974.  A 
copy of AFI 36-3268 is available fbr your use at Arca Defense Coun~cl's Offlw. 

8.  Execute the attached aalrpowledgment aad raturn it to me hmndlattly. 

A 

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Commanda, 426 Acroradhiil-Dental squadron 

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

Attrchmcnrs: 
1, SuppoTIing Documtnts 
2. Recejpt of Notification Memorandum