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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I x  I  RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

-..-.-..-..-..-..-..-. 

(LAST, FIRST M1DDI.E INITIAI,) 

1 . 1 . ~  PE  GEN 

( 

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PERSONAL APPEARANCE 

YES 

+xi NAME OF COIINSEI.  AND OR ORGANIZATION 

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GRADE 

1  AMN 

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MEMBER SITTING 

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vam Q ~ H E  B O ~ W  
I  UOTllC  r  OTHER 

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GEN 

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DENY 

ISSUES 

A94.06 

INDLX Nl MB6R 

Ah7.10 

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-- 

1 
2 
3 

HEARING DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOARD 

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ORDER APPOINTING  '1.1 IF.  BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICA'I'ION 
BRIEF OF PERSONNEL  FILE 

21 Nov 2006 
APPLICANT'S &$SUE AND THE BOARD'S DECISIONAL KAT~OHAL ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHAROE REVlEW BOARD DECIGIONAL RATIOHALE 

FD-2006-00101 

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Case heard  in 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. 

TO. 

I 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCh PERSONNEL  COUNCIL 
AIR FORCE DISCAARCE REVIEW BOARD 
1535 COMMAND  DR, EE WING, 3RD FLOOR 
ANDREWS AFA, MIJ 20762.7002 

I 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00101 

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:  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  characterization of discharge inequitable. 

ISSUE: 

Although not explicitly stated, the applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article 15, a Vacation, and a Letter of Reprimand for 
misconduct.  While none of the applicant's  misconduct reflects favorably upon his Air Force career, in 
consideration of the totality of his military service, the Board believed his military service is best 
characterized as 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 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 discharge under the provisions of Title 10, 
USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVXEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH SRA) 

1.  MATTER  UNDER REVXEW:  Appl recrd a GEN Disch fr USAF Shaw AFB, SC on 19 Sep 
01 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Sep 78.  Enlmt Age: 18 0/12.  Disch Age: 23 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-74,  G-70,  M-68. PAFSC: 1W031A - Weather Forcaster 
Apprentice. DAS: 12 Sep 00. 

b.  Prior Sv: (1) AFRes 27 Sep 96 -  12 Aug 97 (10 months 16 

days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 13 Aug 97 for 6 yrs. Svd: 04 Yrs 01 Mo 08 Das, all AMS. 

b.  Grade Status:  Amn -  21 Jun 01  (Vacation of Article 15, 5 Jul O(1) 

A1C -  21 Jun 01 (Article 15, 21 Jun 01) 
SrA -  27 Jan 00 
A1C -  27 Sep 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Jul 01, Vacation, Shaw AFB, SC -  Article 92.  You 

did, between on or about 21 Jun 01, and on or about 27 
Jun 01, violate a lawful general order, to wit: 
paragraph 2.6, Shaw AFB Pamphlet 32-113, dated 17 Nov 
00, by wrongfully having a member of the opposite sex in 
your dormitory room overnight.  Reduction to Airman. 
(No appeal)  (No mitigation) 

(2) 21 Jun 01, Shaw AFB, SC -  Article 134.  You, being 

indebted to Consumer Credit Counseling Service in the 
sum of $5175.49 for various overdue payments to third- 
party creditors, which amount became due and payable on 
18 May 01, did, from 18 May 01 until 14 Jun 01, 
dishonorably fail to pay said debt.  You, did, on or 
about 30 May 01, wrongfully solicit individuals under 
the age of twenty-one to consume alcohol.  Reduction to 
AB  (reduction in excess of the grade of A1C suspended). 
Restriction to Shaw AFB, South Carolina for 45 days, and 
45 days extra duty. (~ppeal/Denied) (No mitigation) 

e.  Additional: LOR/UIF, 23 JUL  01 -  Failure to obey a lawful order. 

FD2006-00101 

DD FORM 1408, 20 SEP 00 -  Traffic ticket for speeding. 

f.  CM:  None. 

g.  Record of SV: 13 Apr 97 -  12 Apr 99  Davis-Monthan AFB  5  (Initial) 
13 Aug 99 -  12 Apr 00  Davis-Monthan APB  4  (Annual) 
13 Aug 00 -  20 Apr 01  Shaw AFB 

2  (Annual ) REF 

h.  Awards &  Decs:  AFLSA W/1 OLC, AFTR, ;AFGCM, SAEMR, AFOUA. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (11) Mos  (23) Das 
TAMS: (04) Yrs  (01) Mos  (08) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Feb 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Enlisted Performance Report. 

APPLICATION FOR  THE  REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions  on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OMB NO. 0704-0004 
Expires Aug 31,2006 

The public raponing burden for this  collection of informdlon is ~ I t i m a t a d  t o  average 30 minutes par response,  Including the time for  reviewing inaructions,  searching existing data saumes, 
gathering and maintalnlng the data needed, and completing and reviewing the collection of information.  Send commenk  reoarding this burden estimate or any other  aspect of this collection 
Of  information,  including suggestions for  reducing the burdmn, to the Department of Defense, '&ecutivn  Services and Communications Directoratfa (0704-0004),  Respondents should be aware 
for  failing to comply with a callection of infarmationif  itdoes not display a currently valid OMB 
that notwithstanding any other  praviston of law,  no person shall  be subjdct  to  any penal/ 
control  number.  PLEASE DO  NOT  RETURN YOUR  FORM  TO  THE  ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE  APPROPRIATE ADDRESS  ON 
BACK OFTHIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O. 9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for  military discharge issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The person  whose discharge is to be reviewed].  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE IX one] 
b.  NAME [Lazt. fir~L-Midue Io~IIBU-. -. -. .- . -. 

d.  $A(;I&SFCYPIIYNUWEfL..  . - ., 

c.  GRADEIRANK AT  DISCHARGE 

MARINE CORPS 

COAST GUARD 

AIR FORCE 

ARMY 

NAVY 

-. -. 

E -2 

2. DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE CHARACTERIZATION RECEIVED lX one) 

IWYYMMDD) Ilf  data is more than  16 years 

3. UNIT   AN^ LOCATION AT DISCHARGE 

OR  SEPARATION 

1  HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS 

'K 

UNDER OTHER  THAN HONORABLE CONDITIONS 
BAD CONDUCT /Special court-martial onlv) 

-.--------------------------- 

5.  BOARD ACTION REQUESTED IXone) 
A CHANQE TO  HONORABLE 

x ,

J 

 

,
CHANGE TO GENERALIUNDER 
HONORABLE CONDITIONS 
CHANQE TO UNCHARACTERIZED 
/Not ao~licsb/e for Air Force) 
' CHAN'GE NARRATIVE REASON FOR 
SEPARATION TO: 

8 8 % ~ ~  
6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem  14.  See instructions on 

SAwA&%  sc 

5(hdQp> 

UNCHARACTERIZED 
OTHER (Explain) 

7. ( X i f  applicable) AN APPLICATION WAS PREVIOUSLY SUBMIlTED ON I W W M M D D )  

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: /Continue in Item  17. 

If military documents or med~cal records are ralevant to your  case, please  send  copies.) 

9.  TYPE OF REVIEW REQUESTED ( X o n e l  

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR (counsel/represenrarive/ WILL NOT APPEAR  BEFORE THE  BOARD. 
I AND/OR  lcounsel/representative) WlSH TO APPEAR  AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  METROPOLITAN AREA. 
IANDIOR Icounsel/resenrstIve~ WlSH TO APPEAR AT A HEARINO AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO  1 
i 
I lenter city and state). 
(NOTE:  The Navy Discharge Review Board does not have a rraveling panel.) 

~  --  ~~ 

~ 

10.a.  COUNSELfREPRESENTATlVE (If any) NAME (Lesr, First, Middle lnifiel] AND  ADDRESS  (  b.  TELEPHONE NUMBER llnclr~de Area  Codel 

/Sea ltem  f O  of the instructions about  counsel/repressntative.) 

c.  E-MAIL 

d.  FAX NUMBER Ilnclude Area  Code) 

I 

1 

I 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question Is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant,  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 

1  LEGAL ilEPRfSENTATiVE 

NEXT OF KIM 

WIDOWER 

WIDOW 

I 

12.a.  CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 
. . -. .f5~~wxdmr;fi-d00 d m - c h w u r a  haddress.) 

b.  TELEP-H-QN F .NUMBER L'uFIY.~~ 

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

c.  E-M&IL.-  .-... --. . .--.-.... ln-., -....-.-... 

-4re1-Fodt. 
..-.-: 

r--....-....-. 

d.  FAX NUMBER llnclude Area Code) 

.-.-....-....-.-...---' 

'.-.-....-....-- ...-.-..-.-....-.-m 
73. CERTIFICATIO~~  I make the foregoLg statements,  as part of my claim,  with full knowledge of the 
penalties involved for  willfully making a false statement or claim. (U.S. Code,  Title  18, Sections 287 
and  1001, provide  that an indlvidual shall b e  fined under  this title or imprisoned nor more than 5 years, 
or both.) 

I 

a.  . ~ ! ~ ~ ~ ~ B ~ . - . S E O V ~ ~ ~ l k ~ o l f l r m s ~ n  

a b ~ ~ d ,  

i-1- 

----- 

MAR 2004 

b.  DATE SIGNED - REQUIRED 

(YYYYMMDQ) 

I  200d/aa/d5;' 

.----------. 

PREVIOUS EDITIONS ARE O~SOLET$. 

' 

CASE NUMBER 

(Do not write in this space.) 

I 

Page  1 of 4 Pages 

, 

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14. CONTINUATION OF ITEM 6, ISSUES (If  applj~-able) 
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15. CONTINUATION  OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 

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16. REMARKS Ilf applicable) 

%ML yd G~ m A 5 r & ~ ; ~ g  

WP  .  % U p  aWa ,v,  weans  e m ~ y + h l > ~  6 

I 

I 

ARMY 

Army  Review  Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St. Louis, MO  63132-5200 
(See http:llarba.arrny.pentagon.mil) 

AIR FORCE 

Air  Force Review  Boards Agency 
SAFIMRBR 
550-C Street West, Suite 4 0  
Randolph AFB,  TX  781 50-4742 

I 

DD FORM 293,  MAR 2004  . 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

I 

I 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
7 2 0  Kennon Street, S.E. 
Room 309 (NDRB) 
Washington  Navy Yard,  DC  20374-5023 

COASTGUARD 

U.S. Coast  Guard 
Commandant (G-WPM) 
2 1 0 0  Second Street, S.W.  Room 5500 
Washington,  DC  20593 

I 
Page 2 of 4 Pages 

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! JEPARTMENT OF THE A I R (  IRCE 

20th FIGHTER WING (ACC) 

SHAW AIR  FORCE BASE, SOUTH CAROLINA 

...................................... 
MEMORANDUM FOR ~ m n i .  -. . -. . . . -. . -. . -. , . . -. . -. -. . -..-.-..-I 

FROM:  28 OWSICC 

SUBECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct - minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Militaly Retirements and 
Separations, and AFI 36-3208, Administrative Separation ofAimzen,  Chapter 5, paragraph 5.49.  If my 
recommendation is approved, your discharge will be characterized as honorable or general.  I recommend 
your discharge be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 20 Sep 00, you were caught by radar driving 46-mph in a posted 30-mph zone. 

For h s  misconduct you received a speeding ticket, dated 20 Sep 00. 

b.  Between on or about 18 May 01 and on or about 14 Sun 01, you dishonorably failed to pay 

your debt to Consumer Credit Counseling Service in the sum of $5 175.49.  Additionally, on or about 30 
May 01, you wrongfully solicited individuals under the age of twenty-one to consume alcohol.  For these 
acts of misconduct, you received an Article 15 nonjudicial punishment action, dated 21 Jun 01. 
Punishment consisted of a suspended reduction to the grade of Airman Basic, reduction in excess of the 
grade of Airman First Class was suspended through 20 Dec 01, restriction to Shaw Air Force Base, South 
Carolina for 45 days, and 45 days extra duty. 

c.  Between on or about 21 Jun 01 and on or about 27 Jun 01, you violated a lawful order by 

having a member or the opposite sex in your dormitory room overnight.  For this misconduct, you were 
reduced to the grade of Amn. 

d.  On or about 14 Jul01, you were derelict in the performance of your duties by failing to obey 

the order of several patrolmen to leave the scene and return to your room.  For this misconduct, you 
received a letter of reprimand (LOR), dated 23 Jul01. 

3.  In addition, your file contains my recommendation that you be administratively discharged Erom the 
Air Force based on your pattern of misconduct, the effect your actions have on good order and discipline, 
and your statements that you do not want to be in the Air Force.  This recommendation is annotated on a 
memorandum for record (MFR), dated 3 1 Jul01 and is attached at Tab 4a. 

4.  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 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 and will probably not be allowed to enlist in any other branch of the armed forces. 

5.  You have the right to consult counsel.  Mi!itt9j~gdh~,unsel has been obtained to assist you.  I have 
made an appointment for you to consult Capt - - - - - - - - -_ - - - - j Area Defense Counsel, 895-9530, on 
25 Aug 0 1, at leao hours.  You may consult civilian counsel at your own expense. 

G l o b a l   P o w e r   FOP A m e r i c a  

11.  Execute the attached achowledgment and return it to me immediately. 

Attachments: 
1.  DD Form 1408,20 Sep 00 (Tab 4) 
2.  AF Form 3070,21 Jun 01 wlatchs (Tab 4) 
3.  AF Form 366, 5 Jul01 wlatchs (Tab 4) 
4.  LOR, 23 Jul0 1 wlatchs (Tab 4) 
5.  MFR, 3 1 Jul 0 1 (Tab 4a) 
6.  Respondent's Receipt of Notification  (Tab 5) 

6. You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me within three days after receipt of the notification memorandum, 
unless you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

7.  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. 

8.  You must report to the Shaw AFB Hospital, Physical Examinations Section, between the hours of 
1 100 - 1300, Mon - Thurs, for a medical examination. 

9.  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 orderly room. 

10.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
which you received, if any, if you separate before completing the period of active duty you agreed to 
serve.  This recoupment applies whether you voluntarily separate or are involuntarily separated. 
Recoupment will apply regardless of the basis for involuntary discharge, unless the reason is homosexual 
conduct.  The recoupment in all cases is an amount that bears the same ratio to the total cost provided to 
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve. 
If you dispute that you are indebted for educational assistance, a board or other authority will make 
findings and recommendations concerning the validity of the indebtedness. 

Commander 

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