NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

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EXHIBITS SUBMfTTED T O  THE BOARD 

OKIJEU APPOIN.I'ING  1'1 IF. HOARIJ 
APPLICATION FOR REVIEW OF DISCHARGE 
I,ETTCR OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAI. AI'PEARANCk  tll? 

HEARING DATE 

CASE NUMBER 

19 Sep 2006 
APPLICAWS ISSUE AND W E  BOARD% DECISIO$AL RAllONAL ARE DISCUSSED ON M E  ATTACWED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

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Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right lo submit an 
application to the AFBCMR 

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

L . . . , , . - - - - - - - - - - - - - - - - , , , - - - , - - - - - - - - - - - , , , , , , , - - - - - - '  

INDORSEhlENT 

DATE:  9/2S/2006 

TO: 

SAFIMRHR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB. TX 781 50-4742 

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SECIIE'I'AHY OF THE AIR FORCE PERSONNEL COUNCIL 
i I H  kOHCE DISCH4RtiE RE\ I E I I  B04RD 
1515COhlMi'lD  DR. EE HIVG.JRD FLOOR 
AY1)KFIIS A k t l ,  hlU 2Ul62.7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

P r e v i o u s  edition will be u s e d  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBEK 

FD~2006~00034 

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: 

Issue 1.  Applicant contends he served two years and six months of his four year enlistment.  It has been 
seven years since his discharge and he deserves an upgrade.  The records indicated the applicant's 
commander preferred a charge against him for larceny.  The applicant submitted a request for discharge in 
lieu of court martial which was approved by his chain of command.  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. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on July 10, 
1996) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety which would warrant an upgrade. 

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 coi~cludes 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 AlC)  (WGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTHC Disch fr USAF Barksdale AFB, LA on 
22 Mar 99 UP AFI 36-3208, Chapter 4  (Discharge in Lieu of Court Martial). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 May 78.  Enlmt Age: 17 6/12.  Disch Age: 20 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-59,  G-70, M-52. PAFSC: 2A632 - Aerospace Ground Equipment 
Apprentice. DAS: 25 Feb 97. 

b.  Prior Sv: (1) AFRes 8 Nov 95 -  25 Jun 96 (7 months 18 days)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a,  Enlisted as AB  26 Jun 96 for 4 yrs. Svd: 02 Yrs 08 Mo 27 Das, all AMS. 

b.  Grade Status:  A1C -  26 Oct 97 
A m  -  26 Dec 96 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional:  (Examiner's Note:  The following derogatory actions were 

listed on 2 MXCS/CC Letter, 8 Mar 99 and 2 Aug 98 EPR, but 
are missing from file) 

LOR, 27 AUG 99 - Unknown. 
LOC, 26 AUG 98 - Unknown. 
LOR, 28 JUL 98 - Unknown. 

f.  CM:  None. 

g.  Record of SV: 26 Jun 96 -  9 Mar 98  Barksdale AFB  5  (~nitial) 

10 Mar 98 -  2 Aug 98  Barksdale AFB  3  (CROIREF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (04) Mos  (15) Das 
TAMS: (02) Yrs  (08) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting the upgrade so that I may be able to utilize my 
Montgomery GI Bill for college.  I did serve 2 yrs, 6 months of my  four year 
term, and I believe that after 7 yrs. after the fact, I deserve the upgrade.  It 
would mean so much to me to have an honorable discharge. 

ATCH 
1. DD Form 214. 
2. S i x   Training Certificates. 
3. Certificate of Achievement. 
4. Two Letters of Appreciation. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D  BOMB WING (ACC) 
BMWSDALE AIR FORCE BAS& LOUISIANA 

MEMORANDUM FOR  8 AFICC 

FROM:  2 BWICC 

,~.~....~.~......~._I 
.-------------------. 

9 

SUBJECT:  Discharge in Lieu of Court-Martial, Airman First Class: 

2 MXS 

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1. I am forwarding Airman ~ i r s t  Class  ..... ._.-. .. .-.-.-. .. 
:request for discharge in lieu of 
court-martial to you, with my recommendation for approval,  Upon review of the facts and 
circumstances of this case, I am convinced that the interests of justice are more appropriately 
served by approving this discharge in lieu of proceeding to trial.  I recommend the discharge 
be characterized as under other than honorable conditions. 
2.  The unit commander in this case recommends approval, based on A 1 C L - - - - - - - - history of 
------ giyen careful consideration to his position.  On the eve of the trial, the 
misconduct,  I have 
victim of f i C  I 
! alleged larceny has changed his original statement.  He now asserts 
that A1C I - - - - - -~CddXhave been mistaken as to his authority to use the victim's bank debit 
card.  As a consequence, my staffjudge advocate is convinced that this case has now become 
one of failure to pay a just debt when reasonably due.  The facts make it clear that AlC : 
! 
took advantage of his friendship with a fellow military member, taking money that he w'aS---- 
not expressly authorizqd  @e,  and then failing to repay it for a period of approximately 
eight months.  Airman; - - - - - m a   has repaid approximately $500.00 worth of the debt and has 
signed a note to repay the remaining $1,100.00.  In light of these facts, my staff judge 
advocate recommends, and I concur, 
appropriate resolution for A1 C I - - - - - - -, : course of misconduct. 
3.  RECOMMENDATION: I recommend you approve GI C ! --------- iequest for discharge in 
lieu of court-martial with a service characterization of under other than honorable conditions. 

- ,  acceptance of the Chapter 4 request would be an 

- - - - - - - that 

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.---------------------------.----------.-------, 
Commander 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D BOMB WING (ACC) 
URXC3DAY.Z AIR BORCE BASE, LOUISUNA 

0 

MEMOIWNDUM FOR 2 BW/CC 

8 March  1999 

FROM: 2 MXS/CC 
SUBJECT: RqueH for Discharge in ~ i e i  of Trial by Cow-Martial - A1 C : 
.----------------- 

------ 

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.-....-.-.-...: 

1.  I recommend that the attached request for discharge be approved for the following 
reasons: 

a.  On 1 Feb 99, I preferred a charge against A1C !-----: 

_.-.-.I for larceny in violation of 

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Article 121 of the UCMJ. 
I - - - - - -   Over the past several months it was brought to my 
attention that A1 C ; - - - - -! was entrusted by his roommate with paying several 
mutual bills the two airmen shared while his roommate was deployed for 
several months.  The airman gave A1 C; . . . . . ; his ATM card and instructed 
him to withdraw cash to cover the airman's share of the bills.  The total 
amount would have amounted to approximately $400.  Upon his return, the 
airman discovered that one of the bills was not paid and that AlC: _ _ _ _ _ _  _I : 
withdrew approximately $2400 during his absence.  When confronted, A1C 
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Subsequently, a criminal investigation was conducted and the charge was 
preferred. 

indicated he did not have the money to pay back the airman. 

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b.  In preparation for trial, an interview with the victim revealed a set of facts and 
circumstances which allowed A1 C ; -. -. . .%he opportunity to raise a mistake of 
fact defense claiming he was authorized to take out additional funds in the 
form of a loan. 

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, - - - - - - , 

c.  AlC ; - - - - -; has subsequently paid the airman $500.  He is willing to execute a 
promissory note for $1 100 and to turn over three pieces of furniture mutually 
purchased by the two airmen as payment in full. 

d.  While a court-martial would be appropriate in this case, I believe that 
repayment of the money and a discharge under other than honorable 
conditions provides a fair and just result for all parties concerned. 

2.  If this request for discharge is approved, I recommend that A1 C - - - - - j be hrnished an 
under other than honorable conditions discharge. A1 C; - - - - - - jhas not been promised or 
led to believe that the discharge to be issued would be anything except the worst 
authorized . 

,-.....- 

------- 

a. Is not under investigation. 
b. Is not awaiting action under AFIs 36-2503 and 36-2902, or mother section of 

this regulation. 

c. Is not awaiting result of trial. 
d. Is not absent without authority. 
e. Is not absent in hands of civil authorities. 
f. Has not btcn r e f d  to a medical facility for exaniination. 
g. Is not in default with respect to public property or public funds. 
h. Has not completed 16 or more years of active military service. 
i. Is not accountable orjesponsible for public property or funds. 
j. Member has not received special pay, bonuses, or education assistance, 

4.  There has not been a report of recent misconduct. 

5.  Court-martial charges have been preferred. Attached are: 

a. A copy of the charges, DD Form 458, Charge Sheet. 
b. Report of Investigation (Case Number SF01 003-99). 

6.  Charges have been referred for trial. 

7.  At the time of the misconduct, the airman did not have a mental disease or defect that 
caused him to lack the substantial capacity either to appreciate the criminality of the acts, 
or to conform to the law (AFI 44-109).  The airman presently has the capacity to 
understand the nature of the proceedings and to assist in the defense. 

8.  Information fiom the military record follows: 

a.  Date and term of enlistment and date this period of continuous active duty 
started, pay date, TAFMSD, and dates of prior service: 

(1) Date of enlistment: 26 Jun 96 
(2) Term of enlistment: 4 years 
(3) Date this period of continuous active duty started: 26 Jun 96 
(4) Pay Date:  26 Jun 96 
(5) TAFMSD: 26 Jun 96 
(6) Dates of prior service: None 

b.  Date of birth:  3 May 78 
c.  Test Swres:  Adm - 63; Elect - 59; Gen - 70; Mech - 52 
d.  Formal training:  Aerospace Ground Equipment Training 

e.  Date assigned to unit:  25 Feb 98 

f  Current grade and effective date:  (E-3) 26 Oct 97 

g.  Demotions:  None 

h.  Time lost:  None 

i.  Record of disciplinary actions: 

AF Form 1 137 (UIF Summary) 

j.  Overall ratings on enlisted performance reports most recent first:  3 (ref), 5 

k.  Favorable wmmunications, citations, or awards:  Air Force Training Ribbon 

I.  Derogatory data, other than action by cows-martial or under Article 15, 

UCMJ: 

(1) Letter of Reprimand, dated 28 Jul98 
(2) Letter of Counseling, dated 26 Aug 98 
(3) Letter of Reprimand, dated 27 Aug 98 

m.  Medical or other data meriting consideration: None 
n. A1 C ; - - - - - -! does not hold a Reserve of the Air Force appointment as a 

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commissioned or warrant oficer.