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AF | DRB | CY2006 | FD2006-00074
Original file (FD2006-00074.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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1  NAME OF SERVICE MEMBER (LAST. HRST MIDD12E INITIAL) 
....................... 

1  mwaL 

YES 

No 

PERSONAL APPEARANCE 

RAM.  d~ COUNSEL AND OR ORGANIZATION 

1  AFSNISSAN 
----------------- 
..-.-..-.-....- 

AB 
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RECORD REVIEW 

ADDRESS AN0 OR ORGANIZATION OF COllNSEL 

MEMBER SITTING 

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Vo'rrr, 

CEN 

~*;%.I'Hc 

BOARD 

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OTHER 

DENY 

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ISSUES 

INDEX NUMBER 

A67. I0 

IlEARlNG DATE 

CASE NUMBER 

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EXHIBITS SUBWED TO THE BOARD 

APP1,ICATION FOR REVIEW OF IIISCHARGE 

1  I  ORDER APPOIN'I'ING THE BOARD 
2 
3 
4 

1  LEl"l.FR OF NOTIFICATION 
1  HIZIEI:  OI: PERSONNEL FI1.F. 
COUNSEL'S RELEASE '1'0 'I'I IE BOARD 
ADDITIONAL  EXHIBITS SIJBMIT'TED A'l' TIME OF 
PERSONAL AI'PEARANCE 

I  TAPE RECOKIIINCi OF PERSONAL APPEARANCE I IE 

22 Sep 2006 
APPLICANT S ISSUE AND THE BOARD'S DEl$IONAL  RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE MVlEW BOARD DECISIONAI.  RATlOhALe 

FD-2006-00074 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without counsel, and the right to submit an 
application to the AFBCMR 

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

1 

I 

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

1 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE OISLHARGE REVIEW BOARD 
1535 COMMAND Dm, EE WINC,3RD  rLOOR 
ANDREWS AFB.  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

__.2 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00074 

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.  Although not explicitly stated, the applicant contends that he should not be penalized indefinitely 
for mistakes he made when young.  The DRB recognized the applicant was 22 years of age when the 
discharge took place.  However, there is no evidence he was immature or did not know right from wrong. 
The records indicated the applicant received two Article  15's, a Vacation, and a Letter of Reprimand for 
misconduct.  He was disciplined with a Letter of Reprimand for financial irresponsibility.  The first Article 
15 was for making a false official statement concerning payments on his American Express government 
travel card.  He was punished with a suspended reduction to airman and a reprimand.  The Vacation action 
was for failure to pay his debt to American Express.  His second Article  15 was for failure to go.  He was 
reduced in grade to airman basic.  The Board opined the applicant was older than the vast majority of first- 
term members who properly adhere to the Air Force's  standards of conduct.  The DRB concluded that the 
characterization of the applicant's  discharge was appropriate due to the misconduct. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  ?'he  DRR 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
September 3, 1992) 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 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 

AXR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Moody AFB, GA on 14 Nov 
95 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 May 73.  Enlmt Age: 19 3/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-55,  G-50,  M-38. PAFSC: 1C032 - Operations Resource 
Management Apprentice. DAS: 19 Oct 92. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Aug 92 for 4 yrs. Svd: 03 Y r S   02 Mo 20 Das, all AMS. 

b.  Grade Status:  AB -  28 Sep 95 (Article 15, 28 Sep 95) 

A m  -  24 Feb 95 (Vacation of Article 15, 19 Apr 95) 
AZC -  25 Dec 93 
Amn -  25 Feb 93 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Sep 95, Moody AFB, GA -  Article 86.  You did, on or 

about 12 Sep 95, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 8223, Knights Way, Moody AFB, GA.  Reduction to 
AB .  (Appeal/Denied) (No mitigation) 

(2) 19 Apr 95, Vacation, King Abdul Aziz AB, Saudi Arabia - 

Article 134.  You did, being indebted to American 
Express in the sum of $1,573.65 for Government American 
Express Card Account, which amount became due and 
payable on or about 15 Feb 95, did, from 15 Feb 95, to 
14 Apr 95, dishonorably fail to pay said debt. 
Reduction to Airman.  (No appeal)  (No mitigation) 

(3) 24 Feb 95, Moody AFB, GA -  Article 107.  You did, on or 

:,  307 FS/CCQ, an official statement, to 
made certain payments on your American 

about LO Feb 95, with intent to deceive, make to 1Lt 
, - - - - - - - - - - - - - - - - - - - - - - - - - - -  
--- 
w i ~ - ~ - ~ ~ i ~ - - f ~ c i r I i a ' d  
Express Government Travel Card account, by check on I 
Dec 94 and by money order on 7 Dec 94, which statement 
was totally false, and was then known by you to be so 
false.  Suspended reduction to Airman and Reprimand. 

15, UCMJ, dated 23 Oct 95.  Punishment included a reduction to the grade of airman basic (Atch 
Id). 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation arc attached.  The commander exercising Special Court-Martial (SPCM) 
jurisdiction or a higher authority will decide whetha you will be discharged or retained in the 
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. 

3.  You have the right to consult camel.  Military legal ------- 
counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain: - - - - - - - I  :in Bldg 5109, Room 3, on 
6 Nov 95 at m. Please take your copy of this Notification Memorandum and the attachments 
with you to your appointment.  You may consult civilian counsel at your own expense. 

4..  You have the right to submit 'statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within a duty days after receipt of this 
notification letter, unless you request and receive an extension for good cause shown. I will send 
any statement(s) you submit to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the Moody Air 
Force Base Hospital, Physical Exams Section, Bldg 3296, at 
examination,  X b  rs a -. 

on 27 0 c t  95 for the- 

. . 

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

8.  Execute the attached acknowledgment (Atch 2) and return it to me immediately. 

.-.-....-.-....-.-.--------.-----------------: 
Section Commander, 69th Fighter Squadron 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  LOR, 5 Dec 94 
b.  AF Form 3070,24  Feb 95 
c.  AF Form 366,19 Apr 95 
d.  AF Form 3070,23 Oct 95 

2.  Receipt of Notification Memorandum 



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