AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 

PERSONAL APPEARANCE 

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NAME O F  COUNSEL AND OR ORGANIZATION 

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GRADE 

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RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

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VOTE OF TfIE BOARD 

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OTHER 

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ISSUES 

AO1.OO 

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INDEX NUMBER 

A67.10 

HEARING  DATE 

CASE NUMBER 

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EXHIBITS ,SUBiWRED 'Sf3 THE: BOARE) 

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1  1  I  ORDER APPOINTING THE BOARD 
1  2  I  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 

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PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

1  14 Nov  2006 
I  APPLICANTS ISSUE ANDTHE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE REVlEW BOARD DECISIONAL RATIONALE 

1  FD-2006-00143 

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Case heard in Washington, D . C  

Advise a p p l i c a n t  of the d e c i s i o n  of the Board, the right to a p e r s o n a l  appearance w i t w w i t h o u t  c o u n s e l ,  and the r i g h t  to s u b m i t  an 
a p p l i c a t i o n  to the AFBCMR 

Names and votes w i l l  b e  made a v a i l a b l e  to the a p p l i c a n t  at the a p p l i c a n t ' s   r e q u e s t .  

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INDORSEMENT 

DATE:  11/17/2006 

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

AFHQ FORM 0-2077, JAN 00 

I  rnnu. 
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SECRETARY O F  THE AIR FORCE PERSONNEL  COUNCIL 
A ~ R  FORCELIISCHARCE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-1002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00143 

G ENERAL:  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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant submitted no issues to identify an inequity or impropriety in his discharge.  However, he cited 
his desire to apply for a job with the Henderson Police Department and requested upgrade to increase his 
chances for acceptance by the police department.  The Board reviewed the entire record and found no 
evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records 
indicated the applicant received two Article  15's, a Letter of Reprimand, and a Record of Individual 
Counseling for misconduct.  He was administratively disciplined with a Letter of Reprimand and Record of 
Individual Counseling for missing four appointments at Life Skills and missing an appointment for a Wire 
Chaffing Class.  The applicant had further misconduct and received his first Article  15 for being absent from 
his appointed place of duty.  He was reduced in grade to Airman, required to perform 45 days of extra duty 
and received a reprimand.  His second Article  15 was for being absent from his place of duty, on divers 
occasions failed to go to appointed place of duty, impersonating an agent from the Office of Special 
Investigations, and for wrongful appropriation of a Security Forces badge.  For this misconduct, he was 
reduced in grade to Airman Basic, restricted to the limits of Nellis AFB for 45 days, and required to perform 
45 days of extra duty.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

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 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Nellis AFB, NV on 14 Apr 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Sep 83.  Enlmt Age: 17 7/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-79,  G-64,  M-64. PAFSC: 2A332 - Avionics Systems 
Apprentice. DAS: 14 Apr 03. 

b.  Prior Sv: (1) AFRes 12 Apr 01 -  3 Jun 02 (1 yr 1 mo 22 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Jun 02 for 6 yrs. Svd: 01 Yrs 10 Mo 12 Das, of which 

AMS is 1 Yr 10 Mos 7 Das (excludes 5 days lost time). 

b.  Grade Status:  AB -  18 Mar 04 (Article 15, 18 Mar 04) 
A m  -  5 Mar 04 (Article 15, 5 Mar 04) 
A1C -  24 Jul 02 

c.  Time Lost:  9 Feb 04 thru 11 Feb 04 &  13 Feb 04 thru 16 Feb 04 (5 

days) . 

d.  Art 15's:  (1) 18 Mar 04, Nellis AFB, NV  -  Article 86.  You did, on or 

about 12 Feb 04, without authority, absent yourself from 
your place of duty at which you were required to be, to 
wit: Dormitory building #706,  located at Nellis AFB, NV, 
and did remain so absent until on or about 17 Feb 04. 
You did, on divers occasions between on or about 20 Feb 
04 and on or about 7 Mar 04, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: 57 AMXS Building #295.  Article 134.  You 
did, at or near Las Vegas, Nevada, on or about 27 Oct 
03, wrongfully and willfully impersonate an agent from 
the Office of Special Investigation of the Air ------------ 
Force by 
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representing yourself as an AFOSI agent to Mr.: 
C ...-.-....-. 
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Vegas, Nevada, on or about 18 Nov 03, wrongfully 
appropriate a Security Forces badge, of a value of about 
$55.00, the property of A m :  
Reduction to AB, restriction to the limits of Nellis 
AFB, Nevada for 45 days, and 45 days extra duty. 
(No appeal) (No mitigation) 

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:  Article 121.  You did, at or near Las 

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(2) 5 Mar 04, Nellis AFB, NV  -  Article 86.  You did, on or 
about 9 Feb 04, without authority, absent yourself from 
your place at which you were required to be, to wit: 
Building #706,  located at Nellis AFB, NV, and did remain 
so absent until on or about 11 Feb 04.  Reduction to 
Amn, 45 days extra duty, and a reprimand.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 20 JAN 04 -  Missed four appointment. 

RIC, 14 AUG 03 - Missed appointment. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS: (02) Yrs  (11) Mos  (28) Das 
TAMS:  (01) Yrs  (10) Mos  (07) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Feb 06. 

(Change Discharge to Honorable) 

Issue 1:  I want to apply for the Henderson Police Department in Henderson 

Nevada.  This cahnge (sic) will help my chance of being accepted into the police 
department.  I would greatly apperciate (sic) your reviewing my discharge.  I 
have currently be making great improvements in my personal and professional 
life.  Thank you and God bless America. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 
57th AIRCRAFT MAINTENANCE SQUADRON (ACC) 

NEUlS AIR FORCE BASE, NEVADA 

F e + M 4 =  

3/m44 @5/ 

FROM: 57 CMS/CC 
SUBJECT:  Notification Memorandum - Administrative Discharge AFI 36-3208 
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, Administration 
Sepuration ofAinnen, paragraph 5.49.  If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  On or about 14 Aug 03, you failed to arrive to a scheduled class on time.  For you 

actions, you received a Record of Individual Counseling (ROIC) on 14 Aug 03; 

b.  On or about 22 Oct 03,28 Oct 03,13 Nov 03, and 16 Jan 04, you missed scheduled 

appointments at Life Skills. For your actions, you received a Letter of Reprimand (LOR) on 20 
Jan 04; 

c.  You did, on or about 9 Feb 04, without authority, absent yourself fiom your place of duty 
at which you were required to be, to wit:  Bldg #706, located at Nellis AFB, NV, and did remain 
so absent until on or about 11 Feb 04.  For your actions, you were punished under Article 15, 
Uniform Code of Military Justice (UCMJ) on 05 Mar 04 consisting of reduction to the grade of 
airman, 45 days extra duty and a reprimand; 

d.  You did, on or about 12 Feb 04, without authority, absent yourself from your place of 
duty at which you were required to be, to wit:  Bldg #706, located at Nellis AFB, NV, and did 
remain so absent until on or about 17 Feb 04.  For your actions, you were punished under Article 
15, UCMJ, on 18 Mar 04 consisting of reduction to the grade of airman basic, restriction to 
Nellis AEB, NV for 45 days, 45 days extra duty, and Unfavorable Information File (UIF) was 
established; 

e.  You did, at or near Nellis AFB, NV, on divers occasions between on or about 20 Feb 04 
and on or about 7 Mar 04, without authority, fail to go at the time prescribed to your appointed 
place of duty, to wit:  57 AMXS Bldg #295.  For you actions, you were punished under Article 
15, UCMJ, on 18 Mar 04 consisting of reduction to the grade of airman basic, restriction to 
Nellis AFB, NV  for 45 days, 45 days extra duty, and this action was placed in your existing UIF; 

f.  You did, at or near Las Vegas, NV, on or about 27 Oct 03, wrongfully and willfully 

impersonate an agent h m  the Office of Special Investigations of the Air Force by representing 
I.  For your actions, you were punished 
yourself as an AFOSI agent to Mr.; ....................... 
undk Article 15, UCMJ, on 18 Mar 04 coniisting of reduction to the grade of airman basic, 
restriction to Nellis AFB, NV for 45 days, 45 days extra duty, and this action was placed in your 
existing UIF; 

g.  You did, at or near Las Vegas, NV, on or about 18 Nov 03, wrongfully appropriate a 

Security Forces badge, of a value of about $55.00, the property of Airman 1 -- --- -- --- -- --- -- --- --; 
For your actions, you were punished under Article 15, UCMJ, on 18 Mar 04 consisting of 
reduction to the grade of a h a n  basic, restriction to Nellis AFB, NV for 45 days, 45 days extra 
duty, and this action was placed in your existing UIF. 

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, 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 be denied enlistment in any 
component of the Armed Forces. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 on 
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hours.  You may consult civilian counsel at your own expense. 

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5.  You have the right to submit statements in your own behalf.  You have three (3) duty days 
from the datehime served to submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me by c@0t 0 Y 
at J o l / S  hours unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

6.  In the event the commander exercising special court-martial jurisdiction or a higher authority 
approves your discharge, separations will out-process you.  Your initial separations briefing is 
scheduled for  I  &4 

on  0 9 8 0  

hrs. 

7.  If you fail to consult or to submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 

8.  You have been scheduled for a medical examination at the 99th Medical Group on  / 
I300  hrs. 

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9.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in your Unit Orderly Room. 

10.  Execute the attached aclmowledgment and return it to me immediately. 

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Commander 

Attachments: 
1. ROIC, dtd 14 Aug 03 
2.  LOR, dtd 20 Jan 04 
3.  Article 15, dtd 05 Mar 04 
4.  Article 15, dtd 18 Mar 04 
5.  AF Form 1137