AIR FORCE DISCHARGE REVIEW BOARD 

HEARING RECORD 

NAME OF SEKVIC'E MEMBER (LAST, FIRST MIDDLE INITIAL) 
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L..-..-..-....-..-.-----------m 
TYPE  GEN 
CbwNsEL 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND O R  ORGANIZATION 

GKADE 

SR A 

AFSNISSAN 
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----------------- 

x 1  RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  O F  UOIINSEI. 

YES 

Nu 

X 

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MEMBER SITTING 

1 

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ISSUES  A93.02 

INDEX  NllMBFR 

A00.58 
A02.02 

HEARING DATE 

CASh NUMBER 

VOTE OF THE BOARD 

HON 

GEN 

UOTIIC 

OTIIER 

DtNY 

X 

X 

X 

X 

X 

+ * 
+ * 
+ * 
-t * 
+* 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO TI*E BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LE f TFR OF NO'fIFIC'ATION 
BRIEF OF PERSONNEI,  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIMF OF 
PERSONAL  APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

3 August 2006 
APPLICANT  S ISSUE AND THE B04RD'S  DECISIONAL RA r l O h h L  ab OlSCL AIR I  ORC k DISCtlARGE E V I E W  BOARD DECISIO\AL  RATION 4LE 

FD-2006-00041 

I 

I 

I 

Case heard in  Washington, D.C. 

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. 

+ Reason & Authority 
* RE Code 

A  - 

SIC 

.A!??%EPP?P!A.A.A.-.L 

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J S ! k F T Y  -------------------. 

' O P  BOARD PRESIDENT 

- ..-..-. r3. .-..-..-..-..-..-..-., 

SAI'IMKBK 
550 C STREET WEST, SUITE 40 
RANDO1,PH  AFB. TX 78150-4742 

SEC'RETARY  01;  TIIF AIR  FORCF PFRSONNEI. C'OllNC'll 
AIR  FORCE DISCHARGE REVIEH  BOARD 
I535 ('0MIlAND DR.  EE  H IN(;.  3RD l;l  OOR 
ANDREWS AFB. MD 2U762-7UU2 

I 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00041 

GENERAL:  The applicant appeals for an upgrade of discharge to Honorable, to change the reason  and authority  for 
the discharge, and to change the reenlistment code. 

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 thc applicant and the factors leading to the discharge. 

FINDINGS:  The applicant's  discharge is upgraded to Honorable. Change of reason  and authority  for discharge and 
change of reenlistment code are denied. 

The  applicant  submitted  no  issues  contesting  the  equity  or  propriety  of  his  discharge.  However,  after  a  thorough 
review of the record, the Board  identified an impropriety  believed to have substantially  affected the preparation of the 
applicant's defense and the ultimate outcorne of his administrative  action. 

ISSUE:  The applicant  cited  his  desire  for an  upgrade  of discharge  so that  he  can  receive  the  G.I. Bill  benefits  and 
pursue  training  in  order  to  "earn  higher  wages  to  support  [his]  child  and  [himself]."  The  records  indicated  the 
applicant received  an Article  15 in November  1999 and a suspended reduction  in grade for sleeping while performilig 
sentry duty and one Letter of  Reprimand, dated  18 September 2000, pursuant to a civilian  conviction, on  or about 24 
August  2000, for unlawfully  carrying  a concealed  weapon  in  his  automobile.  Included  in  the  civilian  conviction  the 
applicant was also found guilty of criminal trespassing  by  positio~ii~ig himself and his vehiclc  i~pon a private business 
property  after hours of operation.  In  a letter fro111 the applicant, datcd  18 January 2006, he apologized  for his actions 
and admitted that he "acted  very  immature and  made a number of mistakes,"  which he pledges would not  be  repeated 
"if  [he]  could  do  it  over  again,"  The  Board  noted  that  the  applicant  had  performed  admirably  during two  separate 
deployments  to  SW  Asia.  A  performance  reported,  dated  11  May  2000,  cited  the  applicant  for  his  "superior  job 
knowledge"  and "superb  performance"  in resolving "dozens  of incidents" that threatened the security of his deployed 
operating location.  During a review of the applicant's record, the Board noted that the notification  memorandum  sent 
to him did not include additional  derogatory  information that was detailed  in the  legal review  sent to his commander; 
rendering the applicant unaware of and, thus, deprived  of tlie opportunity to fi~lly respond  to all factors considered  in 
his discharge.  Tn  light of the failure of the notification tnetnorandurn to  inform the applicant what evidence would  be 
utilized in  determining whether  he  sl~ould be separated and the characterization  of his discharge, the Board concluded 
that a clear impropriety existed  and that the failure to comply with the  respondent's  due process  was not  a harmless 
error.  While the  Board  does not  condone the applicant's  actions,  under the facts of this particular case there  was a 
substantial doubt that the same outcome would have occurred  without the error.  Therefore, the  Board  granted relief 
for an upgrade of discharge to 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. 
However,  the  Board  finds that the applicant was  not  provided  full administrative due process  in  the execution  of his 
discharge. 

In view of the foregoing findings, tlie Board concludes that the overall quality of applicant's  scrvice is more accurately 
reflected by  an Honorable discharge under the provisio~is of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVXEW BOARD 

ANDREWS AFB,  MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Offutt AFB, NE on 11 Oct 
00 UP AFI 36-3208, para 5.51 (Misconduct -  Civilian Conviction).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 4 Sep 79.  Enlmt Age: 17 7/12.  Disch A g e :   21 1/12. Educ: HS DXPL. 
AFQT:  N/A.  A-74,  E-36,  G-42,  M-52. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS :  29 Dec 97. 

b.  Prior Sv: (1) AFRes 21. A p r   97 -  22 Jul 97 (3 months 2 days) (Inactive). 

3.  SERVICE UNDER REVXEW: 

a.  Enlisted as A1C 23 Jul 97 for 4 yrs. Svd: 03 Yrs 02 Mo 17 Das, of which 

AMS  is 03 y r s   02 months 16 days  (excludes 1 day lost time). 

b.  Grade Status:  SrA -  24 Nov 99 

c.  Time Lost:  21 Aug 00 thru 21 Aug 00  (1 day). 

d.  Art 15's:  (1) 23 Nov 9 9 ,   Offutt AFB, NE -  Article 113.  You, on or 

about 14 Nov  99, on post as a sentinel at Delta 17, were 
found sleeping at your post.  Suspended reduction to 
AlC.  Forfeiture of $200.00 pay, and 30 days extra duty. 
(No appeal) (No mitigation) 

e *   Additional: LOR/UIF, 18 SEP 00 -  Civil arrest for closed property and 

carrying a concealed weapon. 

f.  CM:  None. 

g.  Record of SV: 23 Jul 97 -  15 Jan 99  Offutt AFB  5  (HAF  Dir) 
16 Jan 99 -  15 Jan 00  Offutt AFB  4  (Annual) 

h.  Awards &  Decs:  AFGCM, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (05) Mos  (20) Das 
TAMS:  ( 0 3 )   Yrs  (02) Mos  (17) Das 

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

(Change Discharge to Honorable, and Change the RE code, Reason and Authority 

for Discharge) 

: 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Police Department  Record  Check. 
3. Three Character References. 

January  18, 2006 

To The Discharge Review Board: 

I am presenting this letter an behalf of myself  1 - - - - - - - - - - - - - - - - - - - - ,  
circumstance, which resulted in my receiving a General Discharge fiom the U. S. Air 
Force, and asking you to favorably consider my  request to upgrade my discharge to 
Honorable.  I received a civil court conviction for carrying a concealed weapon.  I had 
ft~gdten that the weapon was in the trunk of my vehi*; 
the first place.  1 should have taken steps to store my weapon in the proper location. 
There was no intent to use the weapon or to harm anyone. 

i,  describing the 

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

it should not have been there in 

I apologize for and deeply regret the circumstances that led up to my discharge.  I acted 
very immature and made a number of mistakes which if I could do it over again I would 
be more responsible and not repeat those mistakes.  My discharge has prevented me fiom 
finding employment in my  military career field of Security.  If my  discharge was 
upgraded to Honorable, my GI Bill would be reinstated and I could retrain and earn 
higher wages to better support my child and myself  I would also have another chance to 
serve my country in either the Reserves or National Guard. 

Thank you for your time and carehl  ons side ration of this matter that is very important to 
my current and future plans and goals in the civilian worHorce. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 66TH WINO (ACC) 

OFFUlT AIR FORCE BASE, NEBRASKA 

SEP 2  7  2000 

FROM:  55 SFSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct-- 
Civilian Conviction.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.5 1.  If my recommendation is approved, your service wilI be characterized as 
honorable or general.  I am recommending that your service be characterized as general. 

2.  My reason for this action is: 

a.  On or about 29 August 2000, you were convicted in Douglas County District Court for 

the offense of unlawfully carrying on or about your person a concealed weapon on 
24 August 2000.  For this incident you received a Letter of Reprimand dated 18 September 2000. 
Additionally, this Letter of Reprimand was added to your existing UIF. (Atch 1-1) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any ather 
branch of the military. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for your to consult Captain :---_- 
302, Phone 4-3939, at 0800  on  9-g S p y &  
your own expense. 

.---------------------. 
--- ----- --- ----- ,, : Bldg 323C, RM 
. You may consult civilian counsel at 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by  2 w CT  ag 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6 ,  If you fail to consult counsel or to submit statements on 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 the 551h Medical 
Group, Physical Exams, Building 527 (Fairchild Hall), Room 1 15, at 
?8510 0 0  
appointment. 

for the examination.  Please pick up your medical records 24 hours prior to your 

\ 7 0 0  on 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55' 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 3236, at 
~ l n e   on  ZI?(PJOO 

with your escort. 

9.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center at 

for the briefing. 

on 

10.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

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

L..-..-..-....-..-.--------------------l 

Commander, 55"  Security Forces Squadron 

Attachments: 
1-1:  Douglas County Court Conviction dated 29 Aug 00, Omaha Police Report, and Letter of 
Reprimand dated 1 8 Sep 00