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AIR FORCE DISCHARGE REVIEW BOARD  HEARING RECORD 

NAME O F  SERVICE MEMBER (I,AS'I',  FIRST MIDDLE INITIAL) 

AFSNISSAN 

b  .-.-..-....-..-...----------- 

! 

IbbUES 

A94.05 

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INDEX hllMBER 

A67.10 

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EXHIBITS SUBMITTED TO THE BOARD 

0Rl')F.R AI'POINTING  THE BUARI) 
APPLICATION  FOR  REVIEW OF DISCHARCiIJ 
LETTER OF NOTIPICA'I'ION 
BRIEF OF PERSONNEL FILE 
COIJNSEL'S RELEASE .ro THE BOARD 
ADDITIONAL EX1 llHlTS SIJBMITTBD A']' 'I'IMF. OF 
PERSONAL Al'l'EARANCE 

CASE NUMHER 

TAPE RECORDING 01'  PEIISONAI, APPEARANCE  11E 

HtiARlNG DATE 

1  22 Feb 2007 

1  FD-2005-00008 

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MPLZPNT'S lSSUEAND THE BOARD'S DFCISTONAI. RATIONAL AWDISCUSShD ON THE ATTArllED  AIR FORCE DlXCnARGE REVIEW  HOARD DECISlON41. RATIONALE 

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. 

SAFIMRBR 
550 C S'I'REET WEST. SIJITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRbl'AKY  OF'I'HE AIR  FORCE PERSONNEL UOUNC'II, 
AIR  FORCE DISCHARGE REVIEW  HOARD 
1535 COI~MAND DR, EE WING.$KU FI.OOR 
ANDREWS APB, MU 20762.711112 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CA5E NI'MHER 

FD-2005-0000X 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a persolla1 appearance before the Discharge Review Board (DKB) 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:  Applicant contends discharge was inequitable because it was too harsh.  The applicant believed that 
the discharge was based on one isolated incident in his entire career.  The records indicated the applicant 
rcceivcd an Article  15, seven Letters of Reprimand, and two Records of Individual Counseling for 
misconduct.  The misconduct included late for duty on numerous occasions, failure lo obey a lawfill order, 
pattern of misconduct, solicitation to corninit an ollense, unlawfully striking anotl~cr airman, and tlecing 
from an armed force policeman. The DRI3 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  thc  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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Langley AFB, VA on 13 
Jan 03 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Oct 81.  Enlmt Age: 19 4/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-30,  G-42,  M-38. PAFSC: 2A631D - Aerospace Propulsion 
Apprentice. DAS: 26 Sep 01. 

b.  Prior Sv: (1) AFRes 28 Feb 01 -  6 Mar 01 (9 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Mar 01 for 4 yrs. Svd: 01 Yrs 10 Mo 07 Das, all AMS. 

b.  Grade Status:  AB -  12 Dec 02 (Article 15, 12 Dec 02) 

A m  -  07 Sep 01 

c,  Time Lost:  None. 

Art 

12 Dec 02, Langley AFB, VA  -  Article 95.  You, did, on 
--------------- 
----------- 
or about 26 Oct 02, flee apprehension by SrAi 
--------------- 
: ---------- j  an armed force policeman, a person authorized to 
.---------------------------- 
amrehend the accused.  Article 128.  You, did, on or 
about 26 ~ c t  02, unlawfully strike A ~ C  : ----------------------------. 
in the mouth with your fist,  You, did, on or about 26 
Oct ..02, unlawfully strike A m  ; .................... 
: on his arm 
with your fist.  Reduction to AB, and 30 days extra 
duty. (No appeal) (No mitigation) 

' 

e.  Additional: LOR, 11 DEC 02 -  Solicitation to commit an offense. 

LOR, 11 DEC 02 -  Late for duty. 
LOR, 04 DEC 02 -  Late for duty. 
CR, 28 OCT 02 -  Pattern of misconduct. 
LOR/UIF, 7 OCT 02 -  Late for duty. 
LOR/UZF, 3 OCT 02 -  Late for duty and failure to obey a 

lawful order. 

LOR/UIF, 23 SEP 02 -  Failure to obey a lawful order. 
LOR, 28 JAN 02 -  Failure to obey a lawful order by wearing 
RIC, 24 JAN 02 -  Late for duty  (dated wrong). 
RIC, 21 MAR 02 -  Late for duty  (dated wrong, use date he 

a uniform reflecting incorrect rank. 

indorsed RIC) . 

f.  CM:  None. 

g.  Record of SV: 7 Mar 01 -  7 Nov 02  Langely AFB  2  (Initia1)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (16) Das 
TAMS: (01) Yrs  (10) Mos  (07) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Jul 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1, Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

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

Form A p p v e d  
OM8 No. 07WOOW 
Explm~ Aug 31,2006 

I 

fk. puMc r d h g  burdon f w  thim  oollrnlon of infmntlon b mnlrnmhd to rvrnp 30 mhurmr per mapmoo, lnoludno thm  grnm for ravlmwln~ Inrtructbnw, varehlnv  *xisting d m  nournma. 
mthorlno mnd rnmimdnlno tha data mmkd. m d  e o r n ~ l ~ l n o  end nrlmwlna thr cdloatbn of hforrndm.  Slnd mmmmnta moudna thir burden matlnutm or mv  othor a M w l  of thb cdlmclion 
if infarnhon, includng iuW.nlona  for rmduohg t h i  burd;n,  to ~*pmm&t  of O.(mnw,  W u N n g m  krdqwvlmn &&mw;DIno~m.t~ 
lor lntormnlon 0p.riiknr md R.ponr 101049001), 
1216 J M r w n  0.h Hlghway,  Sdta  1204. Arllnpton, VA  22202-4302.  Roepondnt. M k awmn rh8t notwlthfim&g  MV  olhw provlrlon of law, no pvvon s h d  be wubw to any 
pmmW for falHnO to ecmplv with m cdlwrlon of Informmtlon W  it dor* not drplav  eumntlv volld OMB oonwul numkr. 
PLEASE W NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RnURN C O M W E D  FORM TO THE APPROWIAfE  ADDRESS ON BACK OF THIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553: E.O.  9397. 

I PRINCIPAL WRPOSE(S):  To apply for  a change in the charmcteritation or raaron for military discharge issued to an Individual. 

ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary; however, failura to provide identifying information may impede processln~ of this rpplicotion.  The requert for 
Social Security Number is strictly to assure 
1.  APPLICANT DATA  (The person whose dlscharp ia to be reviewed).  PLEASE PAINT OR  TYPE INFORMATION. 
8.  W C H  OF SERVICE /X 04 1  ,  1 ARMY  I  , I MARINE CORPS 
, 

identification-of  the i n d i ~ i d u a l ~ m ~ a ~ ~ r ~ ~ r i a t e  

b . u a a u u d . r u - ~ ~ . ~ d d ~ c - b . . - . . . . - . - . . . . - . - d . - . - . . . . - .  

1 P, .PVFI44 S K U m .  WME!  . . . . . 

I  COAST WARD 

0.  QWElRANK AT DEcHAROE 

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records. 

AIR FORCE 

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P.P  3.l.Y. A ' s d a y .  GLS- 

am r s w \ ~ & ~ d  w e h f .  & \%t 0.ofi4-v~~ of  sewice  W ; C ~  i.lo  okr 
a d o t c s e   ac4ioo. 

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{F G ~ ( u -  b u ~ d  6 % 

7. ( X i f  epplicable) AN APPLICATION WAS PREVIOUSLY SUBMllTED ON /WWMMDDJ 

AND THIS FORM IS SUBMIlTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR  EVIDENCE. 

8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING ATYACHED DOCUMENTS ARt  SUB^ AS EVIDENCE: fConiinue In hem  17. 

/I milhuy documenis or  medical rccorda om r&vm 

to your  case, p/erse send coplcs.1 

9.  TYPE OF REVItWREQUESTED /X one) 

CONOUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
IIUBMlnED BY  ME.  I AND/OR kounsel/repre8dnfai/ve~ WILL NOT APPEAR  BEFORE THE BOARD. 
I AND/OR  Icwns~mmsen?arlvel WISH TO APPEAR AT A HEAAINQ AT NO EXENSC TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHIWON,  D.C.'METROWLITAN  ARA. 
1 AND/OR  kwnscWreprusentativd WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE QOMRNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE:  Tho Navy Dischsrge Revkw Board dws nor have # travdng pmel.1 
/enter c  and srarel 

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#

/SW  hem  10 of the I n s r ~ c t l ~ .  

.boa  cw1~db~prss~m1r1w.J 

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AND ADDRESS  I b.  TELEPHONE NUMBER //&a 

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Are*  Code) 

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. 11.  APPUCAMMHW.SffiN IN ITEM 13.a.  BELOW.  Wthe record In qwsthn i i ' t h a  of a deceased or Incompetent prraon,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the ap llcatlon I8 signed by other than the qpllcant,  Indicate 
the nwna /prlnrl 

smuse n  n WIDOWER  n N U T  oF KIN  ( u a A L  REPwwmATIvE 

and relatlons~lp by rnsrklng a box below. 

o m €  u tsprc/w) 

12.0. CURRENT MAILIN0 ADDRESS OF APPLICANT OR PERSON ABOVE 

. - - - - - C I - - - - - . - - - l - - I - - - ~ - - - - . - - - - . - - - * . - - - - - - - - - - - - - - - - - - - - - ,  

o.  E-MAIL 

. FAX NUMBER (Include Area  Codd 

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b.  TELEPHONE NUMBER /Include Area Code) 
- 
a.  E-MAIL 

d.  FAX NUMBER llnchrde Area  CodeJ 
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13.  CERTIFICATION.  I make tho foregdng st8twnmtr, =,part  of my cWm,  with full knowlm 
. -. - arhthl . -. -. . . . -. -. . -. -. . . . - . - . . . . - . - . .- . - . . . . - . - . . . . - ,  

pnnttiu hnlvd for WIIIM~~  makin0 a 
and  1001, provide that an individual shall be fined under this title or imprisoned nor more than 5 years, 

(US. code,  T M ~  18, ~ e % R ~ b ;  

.tatmnult  or CI.?. 

:  b.  DATE SIGNED - REOUIREO 

CASE NUMBER 

(DO  not write in this space.) 

FD ~ B O S T - ~ ~ @  

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i, 

DD F0hK293, AUf3 

PREVIOUS EDITIONS ARE OBSOLETE. 

Page 1 of 4 Pages 

16. CONTINUATION OF ITEM  8.  SUPWRTINO DOCUMENTS (If epplicahb) 

W?~rad~filf mc/  m / / & ~  
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I  Remrr/  fo b ~ d / e  d.&a~a e, 
fh*k w 
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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

MAW AND MARINE CORPS 

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ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St. Louis,  MO  63132-5200 
(See http://arba.army.pentagon.mll) 

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AIR FORCE 

Air  Force Review Boards Agency 
SAWMRBR 
560-C Street West,  Suite 40 
Randolph AFB, TX  781 60-4742 

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COASTGUARD 

U.S. Coaot Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington, DC  20593 

DO FORM 293. AUG 2003 

Page 2 of 4 Pages 

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

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d, 
DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 1 ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

FROM:  1 AMXSICC 

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, Chapter 5, Section 
H, 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.  On or about 24 Jan 02, you were late for duty.  For this incident, you received a Record 

of Individual Counseling (RIC), dated 24 Jan 02. 

b.  Between on or about 25 Jan 02 and on or about 26 Jan 02, you were wearing a uniform 
with the wrong rank.  For this incident, you  received a Letter of Reprimand (LOR), dated 28 
Jan 02. 

c.  Between on or about 19 Mar 02, and on or about 21 Mar 02, you were late for duty.  For 

these incidents, you received an RIC, dated 21 Mar 02. 

d.  On or about 19 Sep 02, you failed to obey a lawful order given to you by TSgti 

!to 
ensure you have your line badge on your person at all times.  For this incident, you received an 
LOR, dated 23 Sep 02.  In addition, this established your Unfavorable Information File (UF). 

.-..-..-.-a 

, - - - - - - - - - - 

e.  On or about 3 Oct 02, you were late for duty.  For this incident, you received an LOR, 

dated 3 Oct 02.  In addition, this was placed in your UIF. 

f.  On or about 4 Oct 02, you were late for duty.  For this incident, you received an LOR, 

dated 7 Oct 02.  In addition, this was placed in your UF. 

g.  On ox  about 1 Dec 02, you inappropriately solicited SrA I 

:by asking him to reach 
into your pocket for no reason and asking him if he "likes that kind of thing."  For this incident, 
you received an LOR, 1 1 Dec 02. 

1 - - - - - - - - - - 1  

h.  On or about 4 Dec 02, you failed to follow dormitory policy by placing your trash on the 

sidewalk of building 39.  For this incident, you received an LOR, dated 4 Dec 02. 

i.  On or about 10 Dec 02, you were late for duty.  For this incident, you received an LOR, 

dated 1 1 Dec 02, 

- - - - - - - - - ,  

- - - - - 

5 a security forces 

j.  On or about 26 Oct 02, you fled apprehension by SrAi 

.-----------. 
1 c : L - - - - - - - - - - -, :in the 
patrolman, a person authorized to apprehend you, - u n l a w f u l l ~ - i i i i i ~ ~  
ion his arm with your fist.  For this 
mouth with your fist, and unlawfully struck Amni 
incident, you received an Article 15 on 12 Dec 02,~wih a punishment of a reduction to the 
grade of Airman Basic and 30 days extra duty.  In addition, this Article 15 was placed in your 
Unfavorable Information File (UIF). 
3.  Copies of the documents to support this recommendation are attached and will be forwarded 
The  separation  authority  will  make  the  findings  and 
to  the  separation  authority. 
recommendations  required  under  10  U.S.C.  2005(g)  regarding  recoupment  of  education 
assistance funds, if applicable.  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 any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right  to  consult counsel.  Military legal counsel has been  obtained to  assist 
you.  I have made an appointment for you to consult, Area Defense Counsel, 54 Willow Street, 
0  hours on  3 0  beG  2002.  You may consult civilian 
Bldg.  147, (757)  764-5607 at 
counsel at your own expense. 

5.  You  have the right to submit statements in your own behalf.  Any statements  ou want the 
separation authority to  consider must  reach me by  1 0 3 0  
2002 
unless you  request  and receive an extension for good cause shown.  I will  send them  to the 
separation authority. 

hours on  3 4% J 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to the  1st Medical 
Group,  Physical  Exam  Section  at 
2002  and  an 
additional examination will be scheduled if necessary. 

hours  i n   7 1  D&  q 

1 Sq 

8.  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. 

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

Attachments: 
1.  Supporting Documents 

a.  RIC, dated 24 Jan 02 
b.  LOR, dated 28 Jan 02 
c.  RIC, dated 21 Mar 02 
d.  LOR/UIF, dated 23 Sep 02 
e.  LOFUUF, dated 3 Oct 02 
f.  L O m ,
 dated 7 Oct 02 
g.  LOR,  11 Dec 02 
h.  LOR, dated 4 Dec 02 
i.  LOR, dated 1 1 Dec 02 
j.  Article 15/UIF, dated 12 Dec 02 
2.  Receipt of Notification Memorandum