YAME OF SERVICE MEMBER (LAST, FIRST MIIIDLE INITIAL) 

GRADE 

AliSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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IbSUES 

A94.05 

I  INDEX NUMBER 

A64.00 

HEARINC DATE 

CASE NUMBER 

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1 
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EXHIBITS S U B ~ T E D  Tq THE: BOARD 

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ORDER APPOrN'I'ING THE HOAR11 
APPLICA'SION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICA'I'ION 
1  BRIEF OF PERSONNEL FILE 
1  COUNSE1,'S  RELEASE TO THE BOARD 
'  ADDITIONAI. FXIIIBITS SUBMl'lTLD Al' TIME 01. 

PERSONAL APPEARANCE 

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TAPE RECORDING OF PERSONAL APPEARANCE t1F. 

28 Sep 2006 
APPLICANT'S ISSEE AND THE BOARD'S  DBCIS@N&  W O N A L  ARE DlSCUSSED ON  IHE. ATYALXED AIR FORCE DISCHARGE REVIW BOARD DWISIONAL  RATIONALE 

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Zase heard in Washington, D.C. 

idvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
ipplication to the AFBCMR 

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

-- p DATE:  1012/2006' 

, ". 
rn. 

SAFIMRBR 
550 C STREET WES'I', SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FRO\! 

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ZtCRETARY OF THE AIR  FORCE FERSOhYEL COL hClL 
AIR FORCF DISCHARGE RFVIEW ROARD 
1535 COMMAND~I)~. LE WING.3HU VLOOH 
ANDREWS AFB, MD 20762-7002 

AFWQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2006~00014 

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 change of discharge. 

ISSUE: 

Although not explicitly stated, the applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article  15, a Letter of Reprimand, and a Record of 
Individual Counseling for misconduct.  The applicant was administratively disciplined with a Letter of 
Reprimand for a civilian conviction of shoplifting.  He also received a Record of Individual Counseling for 
two speeding violations.  He was further disciplined with an Article  15 for hindering the apprehension of his 
wife by driving her away from the scene of the incident, knowing that she had committed an offense 
punishable by UCMJ (Larceny).  He was punished with a reduction to airman first class, forfeiture of pay 
and forty-five days of extra duty.  The DRB opined that through these administrative actions, the applicant 
had ample opportunities to change his negative behavior.  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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Minot AFB, ND on 22 Oct 
91 UP AFR 39-10, para 5-47a (Misconduct -  Discreditable Involvement With Military 
or Civil Authorities).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 16 Nov 68.  Enlmt Age: 17 10/12.  Disch Age: 22 11/12. Educ: 

HS DIPL.  AFQT: N/A.  A-65,  E-62,  G-64,  M-89. PAFSC: 45852 -  Aircraft 
Structural Maintenance Specialist. DAS: 31 Oct 87. 

b.  Prior Sv: (1) AFRes 24 Sep 86 -  9 Jul 87 ( 9  months 16 days) (Inactive). 

(2) Enlisted as AB 10 Jul 87 for 4 yrs.  Svd: 3 yrs 3 months 
21 days, all AMS.  SRA  -  10 Jul 9 0 .   No other promotion dates available.  APRs: 
8.  EPRs: 4,4. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 2 Nov 90 for 6 yrs. Svd: 00 Yrs 11 Mo 20 Das, all 

AMS . 

b.  Grade Status:  A1C -  30 Sep 91 (Article 15, 30 Sep 91) 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 30 Sep 91, Minot AFB, ND  -  Article 78.  Preliminary .--------- 

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investigation has disclosed that you, knowing that: 
: -------------- :,  your wif el had committed an offense 
punishable by the Uniform Code of Military Justice, to 
wit: larceny, did, on or about 7 Sep 91, in order to 
hinder the a~urehension of: 
by driving her away from the scene of the incident. 
Reduction to AlC, forfeiture of $150.00 pay per month 
for one month, and 45 days extra duty. (No appeal) (No 
mitigation) 

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

A  A 

5  assist her 

e.  Additional: RIC, 26 JUN 91 -  Two speeding violations. 

LOR/UIF/CR, 9 JAN 91 -  Civilian conviction for shoplifting. 

f .   CM:  None 

g.  Record of SV: 10 Jul 90 -  9 Jul 91  Minot AFB  3  (Annual) 

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

i.  Stmt  of  Sv:  TMS:  (05) Yrs  (00) Mos. ( 2 9 )   Das 
TAMS:  ( 0 4 )   Yrs  (03) Mos  (13) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) d t d   3  Jan 06 

(Change Discharge to Honorable) 

Issue 1:  The reason in which  I recieved  (sic) a general discharge was due 

to an incident my wife  caused therefor I would  like my  discharge to reflect the 
service I did to my country and not  a  incident my wife caused. 

ATCH 
None. 

DEPARTMENT O F  THE AIR  FORCE 

HEADQUARTERS STH WING (SAC) 

MINOT AIR  FORCE  BASE. NORTH DAKOTA 68706-6000 

R C P L V  TO 

A7TN  OF:  3  FMSICC 

SUWECT:  Letter of  Notification -  AFB 39-10, Para 5-47a 

ro: 

:  5th Field  Maintenance  Squadron 

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A l C   i ........................................... 
1.  I  am recommending your discharge from the United  States Air  Force  for a 
pattern of  misconduct, more  ~pecifically, discreditable  involvement with 
military and oivil  authoritie#.  The authority  for  this action is AFR  39-18, 
paragraph  5-470.  If  my  reoommendation i# appsoved, your discharge will  be 
characterized  aa  honorable or general.  I  am recommending that your  service be 
characterized aa general. 

1, 

2.  My  reasons for this action are: 

a.  On  26 December  1 9 W ,  you shoplifted about  g154.00  worth  of  merchandise 

from a Minot  department  store.  You plead  guilty  in civil court  and you 
were  f i n e d   1100.80. 
information  file/control roster entries on 9  January  1Q91, 

You also received a letter of  reprimand with  unfavorable 

b.  On  21 June  19Q1, you were  cited by  Bare Security Police for exceeding 

the posted  speed  limit.  FOP this ofiense and  for a previous 8peeding 
violation, you received  a verbal counseling on 26 June lQQ1. 

c.  On or about 7 September  1901, you hindered  the apprehension o f   y o u ~  

spouse for shoplifting by  driving  her away  from the scene of  the incident. 
For  this offense, you ~eceived nonjudicial  puni~hment on 30 September 1QQl. 

Copied  of  the documents to be  forwarded to the separation authority  in support 
of  this recommendation are attached.  The Commander  exercising SPCM 
Surisdiation  ( 5   WG/CC)  or a higher authority will  decide whet he^ you will  be 
discharged  or retained in the Air Force.  If  you are dlacharged, you will be 
ineligible for reenliatment  in  the Air Force. 

3 .   You have the right to aonsult coundel.  Military  legal counsel ha# been 
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obtai,ned to asaist you.  I  have made an appointment  for you to consult Capt 
:,  Area  Defense Counclel, at h i s   office, Bldg  475, Boom 306A,  at _L??Q_~- 
-------- 
hourr  on _~,0-~_f--,,lO9l. 
expense. 

You may  consult civilion counsel at your own 

4 .   Youhave the right to submit gtatsments  in your own behalf.  Any 
etaternents you want  the separation authority  to consider must reach me by 
I&-@, 
for good cause shown,  I  will  send  them to tho separation authority. 

unless you request and receive an extension 

hours on  q9&~,,--l6IEll 

5 .   If you fail to aonault cauneel or to submit statements  in your own behalf, 
your  failure will  constitute a waiver  of  your right  to do 8 0 .  

6.  You have  been previously scheduled  for a phyeical  examination. 

P e a c e ,  . . . i s  o u r   P r o f e u s i o n  

7. 
Act 
avaf 

Any  personal  information you furnish in rebuttal  18  c o v e ~ e d  by  the Privacy 
Statement as explained  in AFB 39-18,  attachment  6 .   A  copy of  AFR 38-19  i8 
.lable for your use  in the Orderly Room. 

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

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...-..-..-..-..-..-.... ..-..-..-..-..-..-.: 
Commander, 5  F@ 

2 Atchs 
1.  Doaumento  Supporting Discharge 

a.  LOB, UIF/CR,  0 Jan 01 
b.  LOC.  28  Jun 01 
c.  AF Fm 3070,  38  Sep 9 1  

2,  Airman's  Receipt of  Letter of 

Notification