AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

VAME OF SERVICE MEMBER (LAST, FIRS'I' MIDDLE INITIAL) 

GRADE 

- - 

AFSNISSAN 

--------------- 

I 

MEMBER SITTING 

.&#"r 

HON 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

ryPE  GEN 
C?UMEL 
No 
X 

YES 

I 

1SSUES 

A94.53 

INDEX NUMBER 

A67.10 

I 

I 

I 

I 

'  EXHIBITS S@&#SFTED 'sag?@ BOARD 

1 

t 

/  ORDER APPOIN I'ING  THE BOAR11 

1 
2  1  APPLICATION FOR REVIEW OF DISCHARGF. 
3  1  LETTER OF NOTIFICATION 
1  BRIEF 01:  PERSONNEL FILE 
1  4 

"- 

COUNSEL'S  RELEASE TO TFIF, HOARD 
ADI)lTIONAL EXIIIHITS SUBM1TTF.I) AT TIME OF 
PERSONAL APPEARANCE 

/  TAPE RECORDING OF PERSONAL APPBARANCE HE 

I 

Case heard in Washington,  D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/witliout counsel, and the right to subinit an 
application to the AFBCMR 

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

550 C STREET WEST, SIJI 1 E 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY O I   IHE AIR FORCF  PLHSONNEL  COIINCII, 
AIR FORCh DISLHARGE REYlhW BOARD 
1535 COMMAND DR. EE WINL. 3RD FLOOR 
ANDREWS AFB, MD 20762-71101 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NtJMBEH 

FD-2006-00022 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received four Article  15's and 
a Letter of Reprimand for misconduct.  He received the Letter of Reprimand for using a personal cell phone 
on the flight line.  The first Article  15 was for wrongfully appropriating a pool stick and pool stick case.  He 
received a suspended reduction in grade to airman, forfeiture of pay, and restriction to Tinker AFR.  The 
second Article  15 was for stealing meals from the dining facility resulting in 30 days of correctional custody 
and forfeiture of pay.  The third Article  15 was for unlawfully touching another airman with a knife.  He 
received a suspended reduction to airman, forfeiture of pay, and a reprimand.  The fourth and final Article  15 
was for assault by head butting a female.  He was reduced in grade to airman first class and required to 
perform 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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former A1C)  (HGH SRA) 

1 .   MATTER  UNDER  REVIEW:  Appl recfd a  GEN Disch fr USAF Tinker AFB, OK on 10 Sun 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 21 Nov 83.  Enlmt Age: 17 4/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-49,  E-59,  G-57,  M-49. PAFSC: 2A654 - Aircraft Fuel Systems 
Journeyman. DAS: 24 Jan 02. 

b.  Prior Sv: (1) AFRes 21 Mar 01 -  16 Sep 01 ( 5  months 26 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 17 Sep 01 for 6 yrs. Svd: 03 Yrs 08 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  21 Apr 05  (Article 15, 21 Apr 05) 

SrA -  05 Mar 04 
ALC -  05 NOV 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Apr 05, Tinker AFB, OK -  Article 128.  You, did, at 

or near Oklahoma City, Oklahoma, on or about 26 Feb 05, 
assault 1 - - - - - - - - - - - - - - - - - - - - - - - - - - : I  
Reduction to AlC, and 45 days extra duty. (No appeal) 
(No mitigation) 

by headbutting her. 

(2) 07 Jul 03, Tinker AFB, OK -  ~rticle 128.  You did, on 

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

or about 8 May 03, unlawfully touch A1C 1 -------------------; 
---------- 
\ --------- i  on the arm with a knife.  Suspended reduction to 
Airman.  Forfeiture of $100.00 pay per month for 2 
months, and a reprimand. (No appeal)  (No mitigation) 

(3) 05 Jun 02, Tinker AFB, OK -  Article 121.  You, did, on 

divers occasions between on or about 27 Feb 02 and on or 
about 26 Mar 02, steal meals, military property, of a 
value of $100.00 or less, the property of the Vanwey 
Dining Facility.  Thirty days correctional custody, and 
forfeiture of $100.00 pay per month for 2 months. 
(No appeal)  (No mitigation) 

( 4 )   02 May 02, Tinker AFB, OK -  Article 121.  You, did, on 
or about 6 Mar 02, wrongfully appropriate a pool stick 
and a pool stick case, of a value of about $30.00, the 

Property of SrA ; ..........................  .  Suspended reduction 
to Airman.  Forfeiture of $100.00 pay per month for 2 
months.  Restriction to the limits of Tinker AFB, 
Oklahoma for fourteen (14) days.  Fourteen days extra 
duty. (No appeal) (No mitigation) 

e.  Additional: LOR, 0 5   AUG 04 -  Using a personal cell phone on the flight 

line. 

f.  CM:  None. 

g.  Record of SV: 11 Sep 01 -  10 May 03  Tinker AFB  3  (Initial) 
11 May 03  -  10 May 0 4   Tinker AFB  5  (Annual) 

h.  Awards &  Decs:  NDSM, GWOTSM, AFOUA W/VALOR W / 3   OLCS. 

i.  Stmt of Sv:  TMS: (04) Yrs  (02) Mos  (20) Das 
TAMS: (03) Yrs  (08) Mos  ( 2 4 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Jan 06 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF 'THE AIR FORCE 

552d COMPONENT MAINTENANCE SQUADRON (ACC) 

TINKER AIR FORCE BASE OKLAHOMA 

t a  my  2005 

MEMORANDUM FOR A 1 Ci .------------------------------------------------, 

FROM:  552 CMSJCC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.49.  If my recommendation is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are; 

a.  On or about 6 Mar 02, you did, wrongfully appropriate a pool stick and a pool stick case, of a 
value of about $30, from another Air Force member.  You were given an Article 15 dated 2 May 
02, with a reduction to the grade of Airman suspended until 1 Nov 02, after which time it would 
be remitted without further action, unless sooner vacated. You were also given a forfeiture of 
$100 pay per month for 2 months, restriction to the limits of T i e r  Air Force Base for fourteen 
(14) days and fourteen (14) days extra duty.  See Attachment 1, 

b.  On divers occasions between on or about 27 Feb 02 and on or about 26 Mar 02, you did, steal 
meals, military property, of a value of $100 or less, the property of the Vanwey Dining Facility. 
You were given an Article 15 dated 3 Jlin 02, with thirty (30) days correctional custody and 
forfeiture of $100 pay per month for 2 months.  See Attachment 2. 

c.  On or about 8 May 03, you did, unlawfully touch another Airman on the arm with a knife. 
You were given an Article 15 dated 7 Ju103, with a reduction to the grade of Airman, suspended 
through 6 Jan 04, after which time it would be remitted without further action, unless sooner 
vacated. You also received a forfeiture of $100 pay per month for 2 months and a reprimand. 
See Attachment 3. 

d.  On or about 2 Aug 04, you  were derelict in the performance of your duties in that you  left 
your cell phone in a work vehicle parked on the flight line. You had been briefed about this 
violation 2 other times. This is documented in a Letter of Reprimand (LOR) dated 5 Aug 04. An 
Unfavorable Lnformatian File (UIF) was established. See Attachment 4. 

e.  On or about 26 Feb 05, you assaulted another Air Force member's  wife at a night club, by 
head-butting her. You were given an Article 15 dated 21 Apr 05, with a reduction to the grade of 
Airman First Class, with a new dated of rank of 21 Apr 05 and 45 days extra duty. This Article 
15 was added to an already established UIF. See Attachment 5. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 

L;lobnI  power Por  &modca 

authority will 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, you 
will be ineligible for reenlistment in the Air Force and any special pay, bonus, or education 
assistance funds may be subject to recoupment. The separation authority will makc the findings 
and recommendations required under 10 U.S.C. Section 2005(g). 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Captain: 
May 2005, at 0900 hours.  You may consult civilian counsel at your own expense. 

:at Building One, on 24 

m-.... 

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

4.  You have the right to submit Statements in your 
separation authority to consider must reach me by &y 
extension for good cause shown.  I will send them to the separation authority. 

n behalf.  Any statements you want the 

2005 unless you request and receive an 

5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical exami  ation,  You must report to Family Practice, 
Tinker AFB Hospital on ~!$pb,& , at 
7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFl36-3208 is available for your use at Orderly Room. 

hours for the examination. 

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

--  --------  ....................................... 
Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Natification Memorandum