GKAUE 

SSGT 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF (:OI!NSEL 

VOTE OF THE BOARD 

MEMBER SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

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INDEX NUMBER  A72.00 

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EXHIBIT8 S U B ~ E D  TO THE BOARD 

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ORDER APPOINI'ING  THE BOARD 
APPLICATION  FOR  KF.VIP:W  OF DISCIIARGE 
ILE'll'tR Ot NOTIFICATION 
BRIEF OF PERSONNEL, FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAI, EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SEKVICE MEMBER (LAS I',  PIKSI' MIDDLE INITIAL) 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

TYPE UOTH  I x 
cou~$@~, 

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NO 
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ISSUES 

A94.55 
A85.07 

HEARING DATE 

02 May 2006 
APPLICANT'S ISSUE AND THE BOARD'S  I)ECISIONAL'Rh~ONAI, ARHDTSCUSSED ON THE A'I'I  A(  HED AIR PORCE  DISCHARGEREVIEW BOARD DEC1SlONAI. RA 1 ION ALE 

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CASE NUMBER 

I  FD-2006-00036 

Case heard at 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 AFBClMR 

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

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TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, 'I'X  781 50-4742 

INDORSEMENT 
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FROM: 

. ..  . 

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DATE:  6/16/2006 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASK NUMBER 

FD-2006-00036 

GENERAL:  The applicant appeals for upgrade of dischargc to Gcncral. 

The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews 
AFB on 02 May 2006. 

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

FINDINGS:  Upgrade of discharge is denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  thc  applicant  substantiates  an 
inequity or impropriety that would justify a chailgc of discharge. 

ISSUE: 

Issue I.  Applicant contends dischargc was inequitable because it was based on an isolated incidcnt.  The 
records indicated the applicant was charged with multiple larcenies using a government credit card totaling 
approximately $2500.00 and related  false official statements.  Thc Board took into account the applicant's 
length of service and documented training regarding the proper use of a government credit card and 
coilcluded the misconduct was a significant departure froin conduct expected of all military members.  The 
characterization of the discharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant  states that his discharge did not take illto account the good things he accomplished whilc 
in the service. The DRB took note of the applicant's duty performance as documented by his performance 
reports, letters of reconimei~dation and other accomplishments.  They found the seriousness of the willful 
misconduct carried out by the applicant offset any positive aspects of the applicant's duty performance.  The 
Board concluded the discharge was appropriate for the reasons which were thc basis for this case. 

Issuc 3.  Applicant coiltends impropriety regarding allegations made by persons regarding abuse of the AF 
leave system.  The review of the rccords shows that these allegations were not substantiated.  The Board 
concluded that there was no basis to substantiate any impropriety. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requiremeilts  of the  discharge regulation  and  was  within  thc  discretion  of  thc 
discharge authority and that the applicant was provided full administrative due process. 

Tn  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 

ATR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  W3 

(Former SSGT) (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr USAF Bolling AFB, DC on 29 
Jul 98 UP AFI 36-3208, Chapter 4  (Discharge in Lieu of Court Martial).  Appeals 
for General Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Sep 66. Enlmt Age: 17 11/12. Disch Age: 31 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-68,  E-42,  G-46,  M-25. PAFSC: 3A071 -  Information Management 
Craftsman. DAS: 26 Nov 77. 

b.  Prior Sv: (1) AFRes 11 Sep 84 -  13 Jan 85  (4 months 3 days) (Inactive) . 

(2) Enlisted as A1C 14 Jan 85 for 4 yrs.  ~eenlisted as Sgt 

15 Feb 88 for 4 yrs.  Extended 19 Jun 90 for 5 months.  Svd: 6 yrs 9 months 14 
days, all AMS.  SrA -  14 Nov 86.  Sgt -  14 Nov 87.  SSgt -  1 Jun 91.  APRs: 
9,9,9,7,9,7,9. EPRs: 4,5,5,5. 

ART 15: (1) 7 Jun 88, Clark AB, Philippines -  Article 128.  In --------- 

that you ----- 
did, on or about 9 May 88, unlawfully assault, A1C ------------- I 
- - - - - - - - - - - - - , 
1 
reduction to A1C.  Forfeiture of $150.00 pay per month for two 
months and ordered to undergo 30 days correctional custody. 
(No appeal) (No mitigation) 

by grabbing his hair and cutting it.  Suspended 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 25 Oct 91 for 6 yrs. Svd: 06 Yrs 09 Mo 04 Das, all 

AMS . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 03 Sep 91 -  28 May 92  Incirlik AB  5  (CRO) 

29 May 92 -  28 May 93  ROTC Det VA  5  (Annual) 
29 May 93 -  28 May 94  ROTC Det VA  5  (Annual) 
29 May 94 -  28 May 95  ROTC Det VA  5  (Annual) 
29 May 95 -  20 Jan 96  ROTC Det VA  5  (CRO) 
21 Jan 96 -  20 Jan 97  Pentagon 

5  (Annual) 

h.  Awards &  Decs:  JSAM, AFAM W/2 OLCS, AFCM ~ / 1  OLC, AFLSAR W/2 OLCS, 
AFTR, SWASM W/2 OLCS, AFOSSTR, AFOSLTR, NDSM, HSM, NCOPMER W/1 OLC, APOUA W/1 
OLC, JMUA, AFOEA, AFGCM W/ 3 OLCS . 

i.  Stmt of Sv:  TMS: (13) Yrs  (10) Mos  (19) Das 
TAMS:  (13) Yrs (06) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Jan 06. 

(Change Discharge to General) 

Issue 1:  Request discharge be upgraded to General.  My discharge was 

inequitable because it was based upon an isolated incident within 13 1/2 years 
of service with no other adverse action. 

ATCH 
1. DD Form 214. 
2. Seven Airman Performance Reports. 
3 .   Ten Enlisted Performance Reports. 
4. Awards and Medals  (1985-1997). 
5. Letters of Appreciation/Commendations  (1985-1997). 
6. College Transcripts. 
7. Military Personnel File. 

b 

DEPARTMENT OFTHE AIR FORCE 

Ilm WINO 

MEMORANDUM FOR 1 I SPTGlCC 

FROM:  11 MSSICC 

SUBJECT:  ----- Request 

---------. 

of Discharge in Lieu of Trial by c o u r t - ~ a r t i a l - ~ ~ g t i  

----------- 

1.  IAW  AFI  36-3208, paragraph 4.4.1.  1  recommend  that  the attached  request for 
discharge be approved for the. following reasons: 
------------- 

a.  'The  charges against SSgti ------------ +multiple  larcenies using a government 
credit  card  totaling  approximately  $2,500 and  related  false  official  statements-- 
constitute serious misconduct and should be dealt with firmly.  A discharge under other 
than honorable condltlons (UOTHC) is a stiff penalty for a Staff Sergeant with 13 years 
of service and is appropriate for the charged offenses. 

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

b.  The  evidence against  SSgt i 

If he 
cannot be trusted, he is ,unfit-ttosqe in-fhe'mk-~orce. Granting a UOTHC discharge 
will guarantee that SSgt l-....--...-.!does 
not remain on active duty.  There is no such 
guarantee if the Case is sent to a court-martial. 

:shows he cannot  be trusted. 

c.  Orlly  after  the  i~ivestigation of  these  offenses  began  did  SSgt [:::::::':::-: 

reimburse  the  U.S.  government  for  the  unauthorized  charges  he  made  with  the 
government credit card. 

2.  If this request is approved, I strongly recommend that SSgt b...-..-.-..-m 
under other than honorable conditions. 

------------- : be discharged 

a.  Is not under investigation. 
b.  Is not awaiting action under AFls 36-2503 and 36-2902 or another section of 

AFI 36-3208. 

c.  Is not awaiting reshlt of trial. 
d.  Is not absent without authority. 
e.  Is not absent in the hands of civil authorities. 
f.  Has not been referred to a medical facility for examination. 
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 or responsible for public property or funds. 

WORLD-CLASS PEOPLE *  WORLDCLAS8 SUPPORT 

j.  Has not received special pay, bonuses, or education assistance. 

4.  There has not bean a report of recent misconduct, 

5.  Court-rr~artial charges have been preferred.  Attached are: 

a.  A copy of the charges, DD Form 458. 
b.  A copy of the Report of Investigation 

6.  Charges have been referred for trial. 

7.  At the time of the  misconduct, SSgt (----------------------: 
: did  not have a  mental disease or 
defect  that  caused  him  to  lack  the  capacity  either  to  appreciate  the  criminality 
(wrongfulness) of the acts, or to conform to the law.  SSgt L..-.-..-.-... 
:presently has the 
capacity to understand the nature of the proceedings and to assist in his defense. 

- - - - - - - - - - - - - '  

, - - - - - - - - - - - - . 
8.  ssgt I ------------ 1 
commlssloned or warrant officer. 

: does  not  hold  a  Reserve  of  the  Air  Force  appointment  as  a 

9.  Information from the military record follows: 

a.  Date and term of current enlistment: 25 Oct 91, 6 years11 5 month extension 
b.  TAFMSD: 14 Jan 85 
c.  Date of prior service: 14 Jan 85 
d.  Date of birth: 12 Sep 66 
e.  Date assigned unit: 26 Nov 97 
f.  Current grade: E-5; Date of rank: 1 Apr 91 
g.  No demotion  actions.  Demotion was  not  considered for  this  misconduct 
:conduct warrants  discharge  from  the  service  rather than 

---------------- 
because  SSgt I --------------- 1 
retention in a lower grade. 

h.  Record of disciplinary actions: Article  15, 7 Jun 88,  Violation of Article  128, 
UCMJ, assault  by grabbing another airman's  hair and  cutting it, suspended reduction 
from Sgt to A1 C, forfeiture of $1 50 par month for two months. 

i.  See attached copies of EPRs for ratings. 
j.  Awards:  AF Commendation Medal (1 OLC); AF Achievement Medal (2 QLC); 
Joint  Servlce  Achievement  Medal;  NCO  Professional  Military  Education  Ribbon  (1 
OLC);  Humanitarian Service  Medal;  National  Defense  Service  Madal; AF  Overseas 
Service LT Ribbon;  AF Overseas Service ST Ribbon; SW Asia Service Medal (2 OLC); 
AF Training Ribbon; AF Longevity Setvice Award (2 OLC); AF  Excellence Award: Joint 
Merltorlous Unit Award; AF Outstanding Unit Award (1 OLC). 

k.  Derogatory data: None. 
I.  Medical or other data meriting consideration: None. 

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Commander, I I th Mission Support Squadron 

Attachments: 
I. Request for Discharge 
2.  Charge Sheet 
3.  EPRs 
4.  Report of Investigation