AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

GRADE 

A1 C 
I 

I 

I 

AFSNISSAN 

I - - - - - - - - - - - - - - -  

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

J 

ISSUES  A94.06 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTlFlCATlON 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

HEARlNG DATE 

1  09 May 2006 

CASE NUMBER 

I  FD-2006-00029 

I 

1 

APYLICIZIZT'S  IiS1;E  AND TIiF BOARI)'S I>tClSlOhAL KA1 IOU \L  >\Kt DISCI'SSED OV TllE A1 TACHtD AIK I.OKCt VISI'HhKGt  KE\'IL.M' DO.\RI)  DTCISIO\  4L K:\I'IONhl.F 

Case heard at Washington,  D.C. 

+ Change of RE Code 

Advise applicant of the decision of the Board 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. 

TO: 

1 

SAFIMRBR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be  used 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00029 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment (RE) code. 

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 09 May 2006.  The following witness also testified on the applicant's behalf:  Mr. ; 
I - - - - - - - - - - - - - - - - -  ; (applicant's father). 

---------. 
! -. . -. -. . -1 

1 ~ 1 1 1 1 ~ 1 1 1 1 ~ 1 1 1 1 ~ 1  

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of discharge and change of reenlistment  code (RE) are approved.  Change of reason 
and authority for discharge are denied. 

The DRB finds that neither the evidence of record nor that provided by applicant substantiates an inequity or 
impropriety that  would justify  a change of discharge.  However,  based upon  the  record  and  the  additional 
evidence  provided  by  applicant,  the  Board  finds the  applicant's  discharge  was  too  harsh  considering  the 
special circumstances surrounding his misconduct and the significant positive aspects of his military service 

ISSUE:  The applicant appealed for an upgrade  of his discharge  for the  purpose  of enlisting in the  United 
States Marine Corp with the additional  goals of joining  his county fire department  and to pursue  a college 
education.  The records indicated the applicant received an Article  15, a Vacation Action, and one Letter of 
Reprimand for a pattern of misconduct.  Specifically, the applicant's LOR, received on 9 July 2004, was for 
his involvement in an altercation and consuming alcoholic beverages while underage.  The applicant issued a 
written statement that "[he] decided to get together" with two of his friends "to  say farewell" prior to leaving 
on  one of  his  several  deployments to  Iraq.  During  the  collegial  visit  in the  applicant's  quarters, the  two 
friends got into a scuffle, which spilled over into the dormitory parking lot during the applicant's  attempts to 
break up the disagreement.  Upon arrival of Security Forces personnel the applicant reported that his friends 
then  escaped  the  scene  leaving  him  behind  to  explain  the  circumstances,  including  an  admission  of  his 
underage  alcohol consumption.  The applicant's  Article  15 was  issued months  later on  16 May 2005  after 
discovery that  he had  wrongfully  possessed  an altered  military  identification  card, on or about  8 February 
2004,  for which  he had  reportedly  conspired with  another airman to  commit  the  wrongful  alteration  of the 
identification card (ID); then further, on or about  1 November 2004, assisting the  aforementioned airman in 
altering his  spouse's  ID, all for the reported purpose of gaining access to establishments wherein  alcoholic 
beverages were  made  available.  The  applicant testified  that he  neither  solicited nor  conspired  to  alter  the 
military  identification  cards  and  that  the  airman,  reportedly  known  to  others  for  her  skills  at  altering  ID 
cards,  offered to "fix"  the  applicant's  military  ID  card  in order that  he  may participate  in  social  activities 
along  side  his  elder  friends.  As  a  result  the  applicant  received  30  days  of  correctional  custody  and  a 
suspended reduction  to Airman  First  Class.  The  applicant  subsequently received  a Vacation Action  of the 
suspended reduction in grade on  19 July 2005 for his willful failure to refrain from wearing an earring while 
on  duty  and  in  military  uniform,  following  which  the  discharge  action  was  pursued.  The  applicant 
emphatically denied the allegation,  citing an immediate  supervisor reportedly uttered  that he never  saw the 
applicant wearing an earring during the specified period of time.  The applicant's  father provided additional 
testimony  regarding  the  applicant's  strength  of character and  difficult  childhood  prior  to entering  military 
service.  The  applicant  also  presented  laudatory  letters  from  his  current  employer,  FedEx,  citing  the 
applicant's "highly desirable qualities" and others citing his "dependability" and commitment to "do  his best 
in  everything."  The  Board  noted  the  applicant  had  reportedly  deployed  to  Iraq  over  hostile  airspace  on 
several occasions as a boom operator, some for which he reportedly volunteered to allow another airmen to 
remain  with  their  families.  The  Board  also  noted  that  applicant  had  achieved  an  overall  "5"  enlisted 

performance report, covering the same period  of time in which his most significant offenses occurred.  The 
Board  also  acknowledged  the  applicant  had  been  appropriately  referred  to  and  successfully  completed  an 
Alcohol  and  Dmg Abuse Treatment  Program.  The DRB did not  condone either the  applicant's  underage 
alcohol consumption or his acceptance and usage  of an altered military identification card.  Thus, the DRB 
did not recommend a change in reason and authority for discharge.  However, in consideration of the totality 
of  the  applicant's  service,  to  include  the  special  circumstances  surrounding  his  misconduct,  the  Board 
believed that the applicant's  military service is best characterized as Honorable. 

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 an Honorable discharge and that he should be given the 
opportunity to re-enter active military service under the provisions of Title 10, USC  1553. 

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 Fairchild AFB, WA on 18 
Aug 05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Mar 84.  Enlmt Age: 18 1/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-69,  G-55,  M-67. PAFSC: 1A051 -  In-Flight Refueling 
Journeyman. DAS: 13 Oct 03. 

b.  Prior Sv: (1) AFRes 16 May 02 -  9 Sep 02  (3 months 24 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Sep 02 for 6 yrs. Svd: 02 Yrs 11 Mo 09 Das, all AMS. 

b.  Grade Status:  A m  -  16 May 05  (Vacation of Article 15, 19 Jul 05) 

A1C -  16 May 05 
SrA -  25 Feb 05 
A1C -  25 Oct 02 

c.. Time Lost:  None. 

d.  Art 15,s:  (1) 19 Jul 05, Vacation, Fairchild AFB, WA -  Article 92. 
You, who knew of your duties, on or about 23 Jun 05, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from wearing an earring 
while on duty and in military uniform, as it was your 
duty to do.  Reduction to Airman.  (No appeal) (No 
mitigation) 

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

---- 

(2) 16 May 05, Fairchild AFB, WA -  Article 107.  You did, 
on or about 9 Sep 04, with intent to deceive, make to 
MSgt :.-..-..-..-..-..-..-..:, 
'  an official statement, to wit: you 
lost your military identification card while moving off 
base, which statement was totally false, and was then 
known by you to be so false.  Article 134.  You, did, at 
or near Spokane, Washington, on or about 8 Feb 04, 
wrongfully possess with intent to deceive a certain 
instrument purporting to be a military identification 
card, then well knowing the same to be so false. 
Article 8 1  ,---- 
about 1 Feb 04, conspire 
with A1C: 
: t o  commit an offense under 
the Uniform Code of Mllltary Justice, to wit:  wrongful 
alteration of a military identification card, and in 

y9g,--d-4d,--p.nnnp-r 

L..-..-..-..-..-..-..r--r-----' 

object of conspiracy, provided A1C 

---------- 1  in 
: dependent 

!with your military identification 

~ ~ ~ - ~ r - t g - e f f e ~ - ~ - - ~ ~ g  
I - - - - -   -------- ------.-------- 
1 
card so that ~t could be al~ergfl:----~g~,--~dj;.d;LLLp.n 
or about 
1 Nov 04, conspire with A1C : -----------------------------  i to commit 
an offense under the Uniform Code of Military Justice, 
to wit:  wrongful alteration of a military 
............................. 
identification card, and in order to effect the object 
of conspiracy, did assist A1C : 
- - - - - - - - - - . 
photocopinq the back of : 
I - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  - 
identification card, taping a new date of birth over the 
old date of birth and then relaminating the 
identification card.  Article 92.  You, who knew of your 
dutites in the Continental United States, on divers 
occasions from on or about 1 Feb 04 to on or about 29 
Jan 05, were derelict in the performance of those duties 
in that you willfully failed to refrain from consuming 
alcoholic beverages while under the age of twenty-one, 
as it was your duty to do.  Reduction to Airman 
(reduction below A1C suspended).  Thirty days 
correctional custody, and a reprimand. (No appeal) (No 
mitigat ion) 

e.  Additional: LOR, 9 JUL  04 -  Involvement in an altercation and consuming 

alcoholic beverages underage. 

f.  CM:  None. 

g.  Record of SV: 10 Sep 02 -  15 Apr 04  Fairchild AFB  5  (HAF Dir) 

h.  Awards &  Decs:  AFTR, NDSM, GWOTSM, GWOTEM, SAEMR, AFESR W/GB, MUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (03) Das 
TAMS: (02) Yrs  (11) MOS  (09) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Enlisted Performance Report. 
3. DD Form 214. 
4. Five Character References. 

- 
7.  SUPPORTING DOCUMENTS (Xas applicable) (Please print name and Social Security Number on eech document.) 

WILL NOT BE SUBMITTED.  PLEASE COMPtETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: lConrinue on a plain sheet of papor H more swcs Is needed.1 

a.  DOCUMENT 1:  6. g/;'&-fZ, 

/UCes 

fi. 

b.  DOCUMENT 2: 

8.  ISSUES 

The Board will consider any issue submitted by yo"  prior to closing the case for deliberation.  The  Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of  concern to you unless those issues are listed or  incorporated by specific reference below.  Carefully read the instructions 
that.pertain to Block 8 prior to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

P 

....... 

- 

- - . - - - - - - .- 

....... 

AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

Fl I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date) 

THE ABOVE ISSUES SUPERSEDE A U  PREVIOUSLY SUBMITTED. 

- .  

9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement. (U.S. Code,  Title 18, Section  1001, provides that an individual shall be  fined under this title or impfioned not more than 5 years. 
or both.) 

UPON CB~~~PLETION..MAIL THIS AP$~JcATION TO  APPLICABLE ADDRESS BELOW 

NAVY 81 MARINE CORPS  ' 

AIR  FORCE 

I 

I 

L9 0/ 713  1 
I 

ARMY 

i 

Army  Review 'Oards  Agency 
Support Division, St. Louis 
ATTN:  SFMR-RBR-SL 
0700 Page Avenue 
st, ~ ~ ~ i ~ ,
I 
DD FORM 293, OCT  1997 

MO 63132-5200 

I 

Naval Council 'of Personnel Boards 
36 - Washinaton N ~ w  Yard 

901 M Street,  S.E. 
Washinaton, DC  20374-6023 

 

s A F l ~ l ~ ~  
550-c  streat we#, suite 4 0  
Randolph AFB.  TX  781 50-4742 

Commandant WPM-60) 
U.S.  Coast Guard Headquarters 
Washington,  DC  20593-0001 

I 

I 
Page 2 of 4 Pages 

I 

COASTOUARD 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 920 AIR REFUELING WING (AMC) 

FAIRCHILD AIR FORCE BASE WASHINGTON 

b e -  

MEMORANDUM FOR  AMN i 

0  5  AUG  2005 
.--------------------------------- 

FROM: 93 ARSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fkon~ the United States Air Force for A Pattern of 
Misconduct:  Conduct Prejudicial to Good Order and Discipline.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. The authority 
for this action is AFPD 36-32 and AET  36-3208, paragraph 5.50.2.  If my recommendation is 
approved, your service will be clmcterized as an Under Honorable Conditions (General) 
Discharge. 

2.  My reasons for this action are as follows: 

a.  On 30 June 2004, you were in a physical altercation with two other military members in 
the dormitory parking lot.  As a result of this altercation, you were identified by 92d Security 
Forces to be drinking alcoholic beverages while under the age of twenty-one (2 1 ).  For this 
action you received a Letter of Reprimand dated 9 July 2004. 

b.  On or about 1 February 2004, you conspired with Airman First Class: 

:to 
wrongfully alter your Military Identification Card.  For this action you received an Article 15 
dated 16 May 2005.  Punishment included reduction to the rank of Airman with reduction 
below Airman First Class suspended; thirty (30) days Correctional Custody; and a reprimand. 

C..-..-..-..-..-..m 

c.  On or about 1 Febnmy 2004 to 29 January 2005, on diverse occasions you were derelict 
in the performance of your duties in that you will.ful1y failed to refrain from drinking alcoholic 
beverages while under the age of twenty-one (2 1).  The punishment you received is included in 
paragraph 2b above. 

d.  On or about 8 February 2004, you did wrongfully possess with intent to deceive a 

falselaltered Military Identification Card.  The punishment you received is included in 
paragraph 2b above. 

e.  On or about 9 September 2004, with the intent to'deceive, you did make to Master 

Sergeant : ....................  ; a false official statement.  The puriishment you received is included 
in paragraph 2b above. 

f.  On or about 1 November 2004, you conspired with Airman First Class:- - - - - a  - - - - - -------:to 
, - - - - - - - - - - - - - - - - - -  

wrongfully alter the Dependent Identification Card belonging to :-------------------- 1 The 
punishment you received is included in paragah 2b above. 

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

g.  On 23 June 2005, you were derelict in the performance of your duties in that you 

willfully failed to refrain fiom weaxing an earring while on duty and in military uniform.  For 
this action, a suspended punishment was vacated, resulting in reduction to the grade of Airman. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The comzander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be disclzarged 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 pay, or education 
assistance funds are subject to recoupment.  The separation authority will make the findings and 
recommendations required under  10 U.S.C.  Section 2005(g), 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 

PI  have made an appointment for you to consult 

at 

, on 

\ 
tJ 

, at 

expense. 

hours.  You may consult civilian counsel  at your own 

5.  You have the right to submit statements in your own b 
f.  Any statements you want the 
- 
separation authority to consider must reach me by @ q @  hl- #runless  you request and 
receive an extension for good cause shown.  I will send thkm to the separation authority. 

6.  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. 
7.  You have been scheduled for a medical examination.  You must report to  & O 
4 4 ~ y @  

5-  , at  @%4$-  hours for the examillation. 

on 

8.  Any personal information you hrnish i.n rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at the unit orderly room. 

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

Attachments: 
1.  Letter of Reprimand dated 9 Jul2004 
2.  Article 15 dated 16 May 2005 
3.  Vacation of Suspended Punislment dated 15 July 2005