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1  NAME O F  SERVICE MEMBER (LASI'. FIRST MIDDLE INITIAL) 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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AFSNISSAN 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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TYPE GEN 
CoUWSEL 

YES 

NO 

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RECORDREVIEW 

ADDRESS AND OK ORGANIZATION OF COUNSEL  --I 

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MEMBER SITTING 

110N 

VOTE OF TlIE BOA'RD 

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I  UOTHC 

('01';-y. 

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1  INDE 

ISSUES 

A94.06 

IIEARINC; DATE 

16 May 2006 

1  2  1  AF'PLICATION  FOR  KEVIEW OF DlSC:HARC;E 

LETTER O F  NOTIFICATION 

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I  TAPE KECORDNG OF PERSONAL APPEARANCE 

CASE NUMBEK 

FD-2006-00067 

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P~I~ANPS IsSlUF AWD 'K'MBBOARD'S DEClSlONhL RATIONAL rZRE DISOUSSbIJ ON THE ATTACHED AIR  FORCt DISCHARGE REVIEW BOARD I3ErISIONAL RMI0NAl.t 

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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 AFBCMR 

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

1  * CHANGE RE CODE 

-+-  CHANGE R.EASON AND A U T I - I O q Y  TO SECRETARIAL AUTHORITY 
R E S ~ E R .  - .A. -. . . . -. . . . -. . . . - .\ -. -. . -. -. . -. -. . -. . C I S I ~ T ~ - U I  BIW 
SJGNA?I~OB 

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PBESIR&L..  -. .A .. . . -. . . . -. . > 

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SA.F/MKHK 
550 C STREET WEST, SUITE 10 

INDORSEMENT 

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I  FROM: 

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--  6/16/2(H16  .. . 

SECRET4RY OF THE AIR FORCE PERSOhNEL COLISCII. 
AIR FORCE DLSCIiARCE  REVIEW  BOARD 
I535 COM.\IAND  DR. EL WING. JRD FLOOR 
ANDREWS AFR, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00067 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 16 May 2006. 

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

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's  reason and authority for discharge inequitable. 

ISSUE:  Applicant received a general discharge for misconduct - minor disciplinary infractions 

Applicant contends discharge was inequitable because it was too harsh and the DRB concurred.  Although 
the records indicated the applicant received two Article  15s, a vacation action and 2 Letter of Reprimands 
the misconduct happened within 90-day period.  His misconduct included failure to maintain government 
quarters and financial irresponsibility.  While the board did not condone the applicant's  misconduct, which 
was a departure from conduct expected of all military members, they also noted the applicant was not 
involved in a serious criminal misconduct and there were extenuating circumstances that may have 
predicated some of the incidents.  But for these offenses, the applicant was a good performer and airman, 
and continues to be a good citizen since his discharge.  Therefore, the Board found sufficient mitigation to 
render the characterization of the discharge received by the applicant too harsh.  The Board found the 
evidence presented by the applicant sufficient to warrant an Honorable discharge, a change to the reason and 
authority and change to the reenlistment code. 

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  the  reason  for  the  discharge  is  more 
accurately  described  as  Secretarial  Authority.  The  applicant's  characterization  should  be  changed  to 
Honorable and Secretarial Authority 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 AB)  (HGH AlC) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Ellsworth AFB, SD on 3 
Jul 03 UP AFI 36-3208, para 5.49  (Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Jun 82.  Enlmt Age: 18 11/12.  Disch Age: 21 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-67,  G-57,  M-44. PAFSC: 2A733 - Aircraft Structural 
Maintenance Apprentice. DAS: 6 Apr 02. 

b.  Prior Sv: (1) AFRes 18 May 01 -  16 Sep 01  (3 months 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a -  Enlisted as AB 17 Sep 01 for 6 yrs. Svd: 01 Yrs 09 Mo 17 Das, all AMS. 

b.  Grade Status:  AB -  4 Jun 03  (Article 15, 4 Jun 03) 

Amn -  31 Mar 03  (Vacation of Article 15, 6 May 03) 
A1C -  19 A u ~  02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 4 Jun 03, Ellsworth AFB, SD -  Article 92.  You, who 

knew of your duties, on 1 May 03, were derelict in the 
performance of those duties in that you willfully failed 
to maintain your government issued quarters, as it was 
your duty to do.  Article 108.  You, did, on 1 May 03, 
without authority, willfully damage by extinquishing 
cigarettes on, and puncturing with a knife or other 
sharp object, military property of the United States, 
namely dormitory room wall, causing approximately 
$383.90 in damages.  Reduction to AB.  Restriction to 
the limits of Ellsworth AFB, SD for 30 days, and 30 days 
extra duty. (Appeall~enied) (No mitigation) 

(2) 6 May 03, Vacation, Ellsworth AFB, SD -  Article 134. 
You, being indebted to Angelique's Sewing Shop in the 
sum of $19.03 for goods and services, which amount 
became due and payable on 12 Mar 03, did, from 8 Apr 03 
to 18 Apr 03, dishonorably fail to pay said debt. 
Reduction to Airman.  (No appeal)  (No mitigation) 

(3) 31 Mar 03, Ellsworth AFB, SD -  Article 92.  You, who 
knew of your duties, between 7 Mar 03 and 13 Mar 03, 

were derelict in the performance of those duties in that 
you willfully failed to maintain your government 
quarters, as it was your duty to do.  Suspended 
reduction to Airman.  Forfeiture of $100.00 pay per 
month for 2 months.  Restriction to the limits of 
Ellsworth AFB, SD for 14 days, and 14 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 7 APR 03 -  Civil arrest for outstanding traffic 

violation, and financial 
irresponsibility. 

LOR, 7 MAR 03 -  Failed dorm room inspection.  Living 

downtown without proper authorization. 

f.  CM:  None. 

g.  Record of SV: 17 Sep 01 -  16 May 03  Ellsworth AFB  2  (1nitial)REF 

h.  Awards &  Decs:  NDSM, AFTR, 

i,  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (16) Das 
TAMS:  (01) Yrs  (09) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Feb 06. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. DD Form 214. 

Form Approved 
OMB No, 07044004 
Expires Aug 31. 200B 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES+OF THE UNITED STATES 

(Pkese read ~nstructtons on Pages 3 end 4 BEFORE cm@et~ng rhis application.) 

1211) Joffwm Davis Hlphwoy,  Sum 1204. &lqtan,  VA  22202 W 2 .  b a p m d w t a  - br aware h a t  notwithsrnn&m n y  o m  pmvlslon of lew.  no param hall be subject  W M y  

Th.  udu:  repMmg burden for  thle oolleotion of mtormmllon h estimated M auuaOU 30 mlrutv ppr r6upxlre,  lrlclualng tha  llnv tw  rev~ewng mtruct#ona, aeamh~w exlsbno &!a 
sourcar, 
gstharlnp and molntamma th data nnd.d,  and amp!eUn.  mnd  revlewlng tho oolktlon ot bIiomuUon.  Sad cwnments rsaudng thlr buden srnmste or  any othw  mmv~t of  Ulls mlectb 
of  mlammtlm,  tncludn~ arg#aetima for  rcducq h budan, to Dapanmolt ot Dshnu, Wsrmngtm Hdquuters Sawsu. Ilrectonte for lnrormsnon Operrtlann a M  Rmpw*  (070CMMI) 

penalty for tobbriq to comply whh s doction 01 inltmnatmn rf k d m a  not drply a currmUy vmld O U B  coniml numbs 
PLEASE DO NOT RETURN YOUR  FORM TO THE A W E  ADDRESS.  REWUN -0 

FORM TO THE APPROPRIATE AMIRESS ON BACK OF THlS PAGE. 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL WRWSEISI:  To apply for a chsnge In the characterization or reason for militsry discharge Issued to an individual. 
ROUT IN€  USEIS):  None. 
MSCLOSURE:  Voluntary; however, fsilure to provide identlfymg information may impede pracessing of  this application.  The request for 
Social Securitv Number is strictlv to aMUt0 Droner idant~fcation of the ind~vidual and s~arooriats records. 

PRIVACY ACT STATEMENT 

' 

I  AND THIS F O R M  IS SUBMITTED TO ADP ADDITIONAL ISSUES, JUSTIFICATION.  OR EVIDENCE. 
. IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING AlTAdHEO DOCUMENTS ARE SUBMrrlED AS EVIDENCE: (Continua m Item  f 7. 
~lmb'nmy documenis or medicalrecords sro r d e v ~ r  to y w r  case,  pleae etmd copiar.1 
b D  G c -   2 \ q  

I 

9.  TYPE OF REVIEW HEQUESTED (X one1 

CONDUCT A RECORD REVIEW OF Y Y  MSCHARQE EASED ON M Y  MIUTARY PERSONNEL FILE AND ANY  ADDITIONAL DOCUMENTATION 
W l l l  Not 4- 
SUeMlfTED BY ME.  I AND/OR I f o u ~ ~ e ~ ~ s r n r a t ~ ~ )  
I I ANDIMI  / c w d / r o m ~ & ~ f i v ~ I  WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE TME  BOARD IN THE 

W O R E  T M  BOARD. 

r . - . . - . . - . . - . r - . . - . - - - - - - - - - - - - - - - - - J  
13.  CERTIFICATION. 

1 mako tho foregdng staternmtr. as part of my cbim, wlth full knowledge of ths 
penalties involved for  willfully maklng a false stntement or dae. (U.S. Code,  Title 18, Sectmns 287 
end  1001, ~rovMe that an individual shell be fined under this trtle or lmortsoned not more f h n  5 veers. 
. 
, 
or both.) 

I 

.-....--..-..-..-..-.-qmm. 

293, AUG 2003 

b.  OAfE SIGNED - REWIRED 
1 2006 0205 
PREVIOUS EDITIONS ARE OBSOLETE. 

IWWMMDD) 

CASE NUMBER 

1130 not  write in this space.) 

F',> 200b - 000 &7  I 

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Page  1 of 4 Pages 

e 

HEADQUARTERS ~ 8 ~ "  

BOMB WINO (ACC) 

DEPARTMENT OF THE AIR FORCE 

ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 

FROM:  28 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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 honorable or under 
honorable conditions (general). I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  You, who knew of your duties at Ellsworth Air Force Base, South Dakota, on or about 

5 Mar 03, were derelict in the performance of those duties in that you willfully failed to maintain 
your government issued quarters, as it was your duty to do.  For this action, you received a Letter 
of Reprimand (LOR) on 7 Mar 03. 

b.  You, who knew of your duties at Ellsworth Air Force Base, South Dakota, between 7 Mar 
'03 and 13 Mar 03, were derelict in the performance of those duties in that you willfully failed to 
maintain your government issued quarters, as it was your duty to do.  For this action, you 
received nonjudicial punishment under Article 15, UCMJ on 3 1 Mar 03.  Punishment consisted 
of a suspended reduction to the grade of Airman, forfeiture of $100.00 pay per month for 2 
months, restriction to the limits of Ellsworth Air Force Base, South Dakota for 14 days, and 14 
days extra duty.  This action established your Unfavorable Information File &IF). 

c.  You, who knew of your duties at or near Ellsworth Air Farce Base, South Dakota, on or 
about 29 Mar 03, were derelict in the performance of those duties in that you willfully failed to 
appear in court at the prescribed date and time or pay the appropriate fine as indicated for 
outstanding traffic violations, as it was your duty to do.  For this action, you received an LOR on 
7 Apr 03. 

d.  You, being indebted to Angelique's Sewing Shop in the sum of $19.03 for goods and 
services, which amount became due and payable on 12 Mar 03, did at or near Ellsworth Air 
Force Base, South Dakota, from 8 Apr 03 to 18 Apr 03, dishonorably fail to pay said debt.  For 
this action, your suspended reduction to the grade of Airman, received from the Article 15 
imposed on 7 Apr 03 was vacated on 6 May 03. 

e.  You, who knew of your duties, at Ellsworth Air Force Base, South Dakota, on 1 May 03, 

were derelict in the performance of those duties in that you willfully failed to maintain your 
government issued quarters, as it was your duty to do.  You, did at Ellsworth Air Force Base, 

South Dakota, on 1 May 03, without proper authority, willfully damage by extinguishing 
cigaxettes on, and puncturing with a knife or other sharp object, military property of the United 
States, namely your dormitory room wall, causing approximately $383.90 in damages.  For these 
actions, you received nonjudieial punishment under Article 15, UCMJ on 4 Jun 03.  Punishment 
consisted of reduction to the grade of Airman Basic, restriction to the limits of Ellsworth Air 
Force Base, South Dakota for 30 days, and 30 days extra duty.  This action was filed in your 
LTIF . 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how your discharge 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 
fimds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
1 have made a telephone appointment for you to consult the Area Defense Counsel, Fairchild Air 
Force Base, Washington, at DSN 657-29 18 on 235un03 at  jt?oo 
hours.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own  ehalf.  Any s  ements you want the 

separation authority to consider must reach me by a$ d& at  /O /r  hours, 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 matters in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been schedu  d for a medical examination. You must report to 
Wm+hmm4  @*bection 
for the examination,  This is a mandatory appointment and you must be in uniform. You must 
report at least 20 minutes in advance to this appointment to complete necessary paperwork. 
Please have the attached Medical Examination for Separation/RetirernenJ form completed at this 
time.  Return this form to the Separations office. 

of the Base Clinic on %&Jd=ws 

/ 

, . 

8.  You have been scheduled for a pre-separation appointment.  You must report to the 
Separations Section of the Military Personnel Flight (MPF) on Z%SLI r103  at  1 '330 
This is a mandatory appointment and you must be in uniform.  Your signed Medical 
Examination for SeparationfRetirement will be turned in at this time. 

hrs. 

9.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center on 33rrlnb3 
must be in uniform.  You must report at least 15 minutes in advance to this appointment to 
complete any necessary paperwork. 

at  0904  hours.  This is a mandatory appointment and you 

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 your orderly room. 

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

' - - - - - - - - - - - - - - - - - - - t f i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i t l i l  

Commander, 28  Maintenance Squadron 

Attachments: 
1.  Supporting documents 

a.  LOR - 7 Mar 03 
b. Article 15/UIF - 3 1  Mar 03 
c. LOR - 7 Apr 03 
d. Vacation - 6 May 03 
e. Article  1 SNIF - 4 Jun 03 
f.  UIF Summary 

2.  Airman's receipt of notification memorandum 
3.  DPMAR FM-2 1, Medical Examination for SeparationIRetirement 
4.  Issuance of Temporary ID Card for Administrative Discharge