NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
- - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

NAME  OF COIJNSEL AND OR ORGANIZATION 

X 

RECORD REVIEW 

AOORFSS AND OR ORGANIZATION OF COUNSEL 

1  GRADE 

AB 

1  AFSNISSAN 

:.-..-..-....-..-.m 

- -- 

X* 

X * 

X* 

X * 

X* 

1 
2 
3 
4 

EXHIBITS SIJBMITTED TO THE BOARD 

ORlIl-,It API'OINTING  THE BOARD 
APPLICATION  FOR REVIEW OF IJISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSb1,'S  REI.EASE  TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITI I  13  A I 
PERSONAL APl'rARANC't 

I  IMb  O F  

C-.-..-..-..-..-..---------m 
r l P E   UOTH 
CaVNs&b  , 

YES 

Nu 

X 

I 
I 
1 

ISSUES 

A94.05 

INDLX NUMBhK 

A67.00 

HEARINC DATE 

CASE NUMBER 

25 Jan 2007 
APPLICAYT'S ISSLE AKD THE ROARD'S  DECI$lONAL  R4TIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00120 

I 

I 

I 

Case heard  in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  counscl, and the right to si~bnlit an 
application to the AFBCMR 

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

* Reason & Authority 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C - J - - - - - - - - - - - - - - - - - - - - - - - - - - - r 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

111' 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
1CANIIOI.PI I  AFH, 'fX 781 50-4742 

INDORSEMENT 

w 

, ,. ",... 

LYC,.,. 

DATE:  2/6/2007 

SEC'RElAHY  01:  I'HE AIR  FORCE PERSONNEL  COUNCIL 
AIR  FORCE  DISCHARGE REVIEW  BOARD 
1535 COhlMAND DR, EE WING,3RD FLOOR 
ANDREWS AFB.  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KATIONALE 

CASL N l l M R F R  

FD-2006-UU120 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  general  and  to  change  the  reason  and 
authority for the discharge. 

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. 

FlNDINGS:  Upgrade of discharge and change of reason and authority for discharge are 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 records indicated thc applicant 
received two Letters of Reprimand and was found guilty of three charges by  a Special Court Martial for 
misconduct.  The Special Court Martial Board found the member guilty for failure to go to appointed place 
of duty; for being derelict in the performance of duty by allowing a person under the age of 18 in his 
dormitory room; failing to refrain from allowing a guest to sleep in his dormitory room; and by commiting 
the offense of carnal knowledge.  He was punished with a reduction in grade to Airman Basic, 4 months 
confinement and required to be identified as a "Sex  Oflender".  Applicant was administratively discipliiled 
with two Letters of Reprimand for being late for duty and failure to go.  The DRR 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.  'She 
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 cxists no legal or equitablc basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER  UNDER REVIEW:  Appl recld a UOTHC Disch fr USAF Anderson AFB, Guam on 
1 Apr 05 UP AFI 36-3208, para 5.50  (Pattern of Misconduct).  Appeals for General 
Discharge, and to Change the Reason for Discharge. 

2 .   BACKGROUND: 

a. DOB: 2 Oct 84.  Enlmt Age: 18 7/12.  Disch Age: 20 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-66,  G-50,  M-32. PAFSC: 3M031 -  Services Apprentice. 
DAS: 19 May 04. 

b.  Prior Sv: (1) AFRes 14 May 03 -  12 Jan 04  (7 months 29 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 13 Jan 04 for 4 yrs. Svd: 01 Yrs 02 Mo 19 Das, of which 

AMS  is 00 Yrs 10 Months 19 Days  (excludes 4 months lost time). 

b.  Grade Status:  AB -  13 Dec 04  (SPCM, 29 Nov 04) 

AIIUI -  13 J u ~  04 

c.  Time Lost:  29 Nov 04 thru 29 Mar 05  ( 4  months). 

d .   Art 15's:  None. 

e.  Additional: LOR, 24 AUG 04 -  Late for duty. 
LOR, 07 SEP 04 -  Failure to go. 

f.  CM:  Special Court Martial -  29 Nov 04 

CHARGE I:  Article 86.  Plea: Guilty.  Finding: Guilty. 

Specification I:  Did, at or near Andersen AFB, Guam, on or about 
4 Nov 04, without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: Building 21000.  Plea: 
Guilty.  Finding: Guilty. 

Specification 2:  Did, at or near Andersen AFB, Guam, on or about 
16 Nov 04, without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: Building 17002.  Plea: 
Guilty.  Finding: Guilty, 

CHARGE 11:  Article 92.  Plea: Guilty.  Finding: Guilty 

Specification I:  Who knew or should have known of his duties at 
or near Andersen AFB, Guam, on divers occasions between on or 

about 5 Jul 04 and on or about 7 Jul 04, was derelict in the 
performance of those duties in that he willfully failed to refrain 
from allowing A.C.W., a person under the age of 18, in his 
dormitory room, as it was his duty to do.  Plea: Guilty.  Finding: 
Guilty . 

Specification 2:  Who knew or should have known of his duties at 
or near Andersen AFB, Guam, on or about 7 Jul 04, was derelict in 
the performance of those duties in that he willfully failed to 
refrain from wrongfully allowing a guest, A.C.W., to sleep in his 
dormitory room, as it was his duty to do.  Plea: Guilty.  Finding: 
Guilty. 

CHARGE 111:  Article 120.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at or near Andersen AFB, Guam, on divers 
occasions between on or about 6 Jul 04 and on or about 7 Jul 04, 
commit the offense of carnal knowledge with A.C.W,  Plea: Guilty. 
Finding: Guilty.  Sentence adjudged 29 Nov 04.  Reduction to AB 
and 4 months confinement.  "SEX OFFENDER NOTIFICATION REQUIRED." 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (01) Yrs  (06) Mos  (18) Das 
TAMS:  (00) Yrs  (LO) Mos  (19) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Mar 06. 

(Change Discharge to General, and Change the Reason for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read /nst~ct/ons on Pages 3 and 4 BEFORE comptetlng this appficntion.) 

Form ~ p p r o v e d  
oMB NO.  07Oe.0604 
~xp~rres ~ u g  31,2006 

The plbR.3 mportlnp burdm fur tNe d e d o n  of InforrnaUm Is ortlrmUd to mvmmflo 30 minUa.8 pu nrponu. inelualng fhm  Umr  for nvlmwlng in-Ions. 
dam rcummr. 
whHino and mlriulnln~ the  dam n r d u l  ~d  wrnp1md.w md m*whp  tho aoMmdon of Infmation.  Sand oommonta mgardlno rh* burden m u  or any  whet upmat of thb -ll*ctim 
of Infnmatl~. indudno wawrtlons for wdudnm th* burdrn, to dm h . n r   d Oafonr.  Eucutlvo S.rvk.4  md Ccnununicarbna Dlmutontm (0704-00041. RmndmnU rhovld b*  rwmn 
d to any pw.hyfor f.ilfng to cam  ly wkh  a colmctbn of Intormmdon If  It  d o u  not dr4.y  r aumndy valid OM0 

nacwhhmndw MY  othmr  pmvWon of law,  na porwn .hall  br 

mrehlna m&g 

WSE  Do NOT RETURN You=  F o m  t o  &E 

oRommTIoN.  &URN  c o w m m  FORM To 

A-mIATE 

I Zvd  -8. 

I BACK OF  THIS PAOE. 

AUTHORITY:  10 U.S.C.  1653: E.O.  9397. 
PRINCIPAL PURWSEBI:  To abply for s change In the&araeterlzation  or reason for rnilitav discharge issued to an hdivldual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary; however,  failure to provide ldentifylng Information may Impede processing of this application.  The request for 
Social Sscuritv Number is strictlv to assure Prorrer Identification of the Individual and a ~ ~ r o ~ r i a t a  
1.  APPUCANT DATA  rrhe person whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 

..  . 

records. 

.  . 

PRIVACY ACT STATEMENT 

A w R E S ~  ON I 
I 

I 

be  -!kt:  -??!,-!MY?  I??!! 

- - - - - - - - - - - - - - - 

I a.  6RAOElRANK AT D l S W R Q E  

1 d.  SOCIAL SECURrfY NUM- 

, - - - - - - - - - - - - - - - - - - - - - - - -  

-IV 

dsra Lemsre t h p n ~ a m e -  

ago, SUM w DD krm, 1491 

. 

I  I 

If M v y  dcammtllb or d W  m w d s  am mhvant to your  case,  plnw u n d  cop!e#./ 

X 

-- ,- -. .-, 
9.  TYPE OF REVIEW REQUESTED (X anel 
r OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL F U  AND ANY ADDITIONAL DOCUMENTATION 
* /--~~n*aM~sentat/vr) WILL NOT APPEAR BEFORe THE  BOARD. 
WlSk 
/ v s )

WNWCT A RECORD REVIE\II 
S U g m  BY 
I AND/OR  ~ ~ 8 n t 0 t
W A S H W O K  D*C. METROWWAN AREA. 
I AND/OR  ~ e w t m h p m a n r a t ~ l r a ~  W8H T 0 A P W  AT A HEARING AT NO  EXPENSE TO THE O O W W U E M  -FIE 
IsmM  chy and rtatd 

I TO APPEAR AT A HEARlNQ AT  NO EXPENSE T 0 W E  OOVERNMENT EEFOFIE THE BOAR0 IN We 

[NOTE  Tho llkvy D k a h p .  M w  Borrd daea nor ham 

I M D I O I .  ,-,..-- 

10.a.  COUNSEWFIEPRESENTA~E Ilf any) NAME [mr.  Fm, Middle InhIaI) AND ADDRESS  I b.  TeLWIQNt NWBER1Inchnie A  Am#  Coda1 

 

A T R A M M G  PAWEL C L O W  TO 
fnwYllO mnd.1 

I 

11.  APPLICANT MUST SIGN I N  ITEM 13.0. B€LOW. 

If the record In qvcltlon It that of a doceaaed or incompotont p o r n .  LEOAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the applluflon  Ir ilgnod by othrir them the qpqcant,  lndlcate 
the name ~prhrtl 

and rdrtionrhb by marking a box below. 

I 

I 

13.  CERTIFICATION. 

I  make the foregoing stateman&,  as part of my cWm, with full ktmMrd e of tho 
pandthm Invohrad for willfully making a false rtatmmnt or claim.. (U.S. Cod@, Titie 18, Sect%ns 287 
and 1001, prwfde  that an Indhrldual shall be f f ~ d  under this tMe or impn'soned not mws than 5 years, 
or both.) 

CASE NUMBER 

/Do  not write in this space.) 
. 

:A.  S!CNA.V.E t A E C ~ U I R E D ~ & A E ~ ! ~ . ~ ~ H ~ F ~  

in Itam 11 above) 

d.  FAX NUMBER Ihdude Ama Codel 
I 

1 

DD FORM 293, WAR 2004' 

. 

. 

PREVIOUS EDITIONS ARE OBSOLEI%. 

b.  DATE SIGNED - REQUIFiED 
a 0 0  -MaiQZ 

IYYWMMDD) 

I 

I 

Page 1 of 4 Pages 

arc   char^  2 

-1. 

.  -..--.-I.--_--1 

-.-I- 

... 

. -....  , ...  -  .__ I.. .-.---.- ..* ..--- _ 

-.--  - -.*.-.- 

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

-...--.-.- 

-- --.- 

36TH SERVICES SQUADRON (PACAF) 

UNIT 140(LI, APO AP 96S434004 

FROM:  36 SVSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct, 
specifically A Pattern of Misconduct, according to AFPD 36-32 and AFI 36-3208, paragraph 
5.50.  Copies of the documents to be forwarded to the separation authority to support this 
recommendation are attached. 

2.  My reasons for this action are: 

a.  On 2 1 August 2004, you reported to duty 45 minutes late.  For your actions, you 

received a Letter of Reprimand dated 24 August 2004. (Atch 1) 

b.  On 6 September 2004, you failed to report to duty.  For your actions, you received 

a Letter of Reprimand dated 7 September 2004. (Atch 2) 

c.  On 29 Nov 2004, you were convicted in a special court-martial of the following offenses: 

(1)  On or about 4 November 2004, without authority, you failed to go at the time 

prescribed to your appointed place of duty, to wit:  Building 2 1000. 

(2)  On or about 16 November 2004, without authority, you failed to go at the time 

prescribed to your appointed place of duty, to wit:  Building 17002. 

(3)  On divers occasions between on or about 5 July 2004 and on or about 7 July 2004, you 
were derelict in the performance of your duties in that you willfully failed to refrain from allowing 
a person under the age of 18 in your dormitory room, as it was your duty to do. 

(4)  On or about 7 July 2004, you were derelict in the performance of your duties in that 

you willfully f ~ l e d  to refiain from wrongfully allowing a guest to sleep in your dormitory room, as 
it was your duty to do. 

(5) On divers occasions between on or about 5 July 2004 and on or about 7 July 2004, you 

committed the offense of carnal knowledge. 

For these offenses you were court-martialed on 29 November 2004.  The military judge 

found you guilty of all violations alleged and sentenced you to a Bad Conduct Discharge, four 
months confinement, and reduction to the grade of E-1 , On 18 January 2005, the Special Court 
Martid Convening Authority (SPCMCA) approved your sentence in part, authorizing confinement 
for four months and reduction to Airman Basic. (Atchs 3 and 4) 

> 

a 

3.  This action could result in your separation with an under other than honorable conditions 
discharge.  I am recommending that you receive an under other than honorable conditions 
discharge.  The commander exercising special court-martial jurisdiction or a higher authority will 
make the final decision in this matter.  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 and any special pay, bonus, or education assistance funds may be subject to 
recoupment 

4.  You have the right to: 

a.  Consult legal counsel; 

b.  Present your case to an administrative discharge board; 

c.  Be represented by legal counsel at a board hearing; 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing; and 

e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

5.  You must report to the 36th Medical Operations Squadron, Physical Exams Section, with your 
medical records on hand, for a review of these records immediately.  You do not need an 
appointment.  They will decide whether you need a complete physical examination or a family 
practice appointment.  If an examination is required, tell the doctor you need a "separation" 
physical examination. 

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

: Andersen Area Defense Counsel, DSN 
> 

6.  Military legal counsel, Captain! 
366-2281, has been obtained to assist you.  An appointment has been scheduled for you to 
consult with him at his ofice on 18 Feb 05 at 1430 hours.  Instead of the appointed counsel, you 
may have another lawyer, if the lawyer you request is in the active military service and is 
reasonably available as determined according to AFI 5 1-201, Administration of Military Justice. 
In addition to military counsel, you have the right to employ civilian counsel.  The Air Force 
does not pay expenses incident to the employment of civilian counsel.  Civilian counsel, if 
employed, must be readily available 

7.  Confer with your counsel and reply, in writing, within 7 workdays, by 25 Feb 05, specifying 
the rights you choose to exercise.  The statement must be signed in the presence of your counsel, 
who will also sign it.  If you waive your right to a hearing before an administrative discharge 
board, you,may submit written statements in your own behalf.  I will send the statements to the 
discharge authority with the case file to be considered with this recommendation.  If you fail to 
respond, your failure will constitute a waiver of the right to the board hearing. 

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 with your Commander's  Support Staff (CSS). 
Please return it to the CSS upon your completion. 

9.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 
Where recoupment is dependent on a finding that the separation is voluntary or because of 
misconduct, the discharge board (or the separation authority if the board is waived) will make a 
specific written finding whether the misconduct constitutes a basis for recoupment. 

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

Commander 

4 Attachments: 
1.  Letter of Reprimand, dated 24 August 2004 
2.  Letter of Reprimand, dated 7 September 2004 
3.  AF Form 1359, dated 29 November 2004 
4.  SPCMCA action, dated 18 January 2005