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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMRLR (LAST, FIRST MIDDLE  INI'I'IAI,) 

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TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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No 
X 

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MEMBER SITTING 

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1SSUhb 

A94.05 

I  INDLX NUMBER 

A67.30 

1  C M D L  

A1 C 

1  AFSNISSAN 
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RECORD REVIEW 

X 
ADORES?  AND OR ORGANIZATION OF COUNSEL 

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--'-GF-TT'~N"  i  IJOTHC  I  OTHER 

Y ~ T & ~ R  

THE BOARD 

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DENY 

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X 

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,  $XHIBlzpeSWMITTED TO THE BOARD 

ORDER APPOIN'I'ING 'I'HE  BOARD 

APPLICATION FOR REVIEW 0 1  DlSCllARGE 
I.ETTER  OF NOTIFICATION 
BRlEP OF PERSONNEI,  b'l1.E 
COUNSEL'S  RELEASE TO THE HOAR13 
AI)DI'I'IONAI.  EX1 IIBITS SIJBMITTED AT TIME OF 
PERSONAL APPEAARANCE 

TAPE RECORDING  O F  PI-.RSONAL  AI'PEARANCE  HE 

HEARING  D A l E  

CASE NIJMOER 

I  FD-2006-00170 

13 Mar 2007 
APPLICANT'S ISSUE AKD THE BOARD'S DECISIONAL  MITONAL ARE. DISCUSSEDQN 'THE ATTACHED AIR FOUCH DISCHAROE REVIEW BOARD DeClSlONAL RATI0NAI.E 

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

SAFIMRBR 
550 C STREET WEST, SUI'I'E 40 
RANDOLPH AFB, TX 781 50-4742 

ANDREWS ~ F R ,  h f n  20762.1~2 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2006-00170 

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 oi'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 and based on an incident for which 
he had already received punishment.  The records indicated the applicant received a Summary Court Martial 
for misconduct.  Applicant was found guilty by the Summary Court Martial for unlawfully striking another 
airman with a wooden stick and unlawfully entering the dorm room of an airman.  He was sentenced with a 
reduction in grade to Airman First Class and confinement for 30 days.  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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Davis-Monthan AFB, AZ on 
12 Aug 03. UP AFI 36-3208, para 5.52.3  (Misconduct -  Commission of a Serious 
Offense),  Appeals for Honorable Discharge. 

a. DOB: 17 May 81.  Enlmt Age: 17 0/12.  Disch Age: 22 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-86,  E-69,  G-86,  M-62. PAFSC: 33751 -  Fire Protection Journeyman. 
DAS: 4 Jun 02. 

b.  Prior Sv: (1) AFRes 29 May 98 -  10 Aug 99  (1 yr 2 months 12 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Aug 99 for 4 yrs. Svd: 04 Yrs 00 Mo 02 Das, of which 

AMS is 03 Yrs 11 Mos 07 Das  (excludes 25 days lost time). 

b,  Grade Status:  A1C -  30 Jun 03  (Summary Court Martial, 30 Jun 03) 

SrA -  11 Aug 02 
A1C -  11 Dec 00 

c.  Time Lost:  25 days. 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF, 12 APR 02 -  Unknown  (missing from file). 

f.  CM:  Summary Court Martial -  30 Jun 03 

CHARGE I:  Article 128.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  In that SrA Jonathan B. Navarro, United States Air 
Force, 6 1 2 ~ ~  
Honduras, on or about 9 Feb 03, unlawfully strike A1C David 
Marquez on his body with a wooden stick.  Plea:  Guilty.  Finding: 
Guilty. 

Air Base Squadron, did, at or near Soto Cano AB, 

CHARGE 11:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  In that SrA : 
Force, 612th Air Base Squadron, did, at or near Soto Cano AB, 
Honduras, on or about 9 Feb 03, unlawfully enter the dorm room of 
A1C David Marquez.  Plea:  Guilty.  Finding:  Guilty.  Sentence 
adjudged on 25 Jun 03:  Reduction to AlC(E-3) and confinement for 

:,  United States Air 

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30 days. 

g.  Record of SV: 11 Aug  99 -  10 Apr 01  Ellsworth AFB  4  (~nitial) 
11 Apr 01 -  10 Apr 02  Ellsworth AFB  4  (~nnual) 

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

i.  Stmt of Sv:  TMS: (05) Yrs  (01) Mos  (20) Das 
TAMS:  (03) Yrs  (11) Mos  (07) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 05 Apr 06. 

(Change Discharge to Honorable) 

Issue 1:  My discharge characterization is improper because it was based off 

of an incident that I was previously punished for through a Special Court 
Martial.  Since my discharge I have continued to serve the Armed Forces in the 
same capacity that I would have had I not been involuntarily discharged at 
Bagram AF, Afghanistan for 26 months. 

ATCH 
1. Two Character References. 
2. Seven Training Certificates. 
3. Certificate of Appreciation. 
4. Employee Data Sheet. 

6 12TH TACTICAL OPERATIONS GROUP (ACC) 
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

FROM:  6 12 TOGICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically commission of a serious offense.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraph 5.52.3.  If my recommendation is approved, your service may be 
characterized as honorable or under honorable conditions (general).  I am recommending your 
senrice be characterized as general. 

.................... 

2.  My reasons for this action is on or about 9 Feb 03, at or near Soto Cano Air Base, Honduras 
you unlawfully struck A1 Ci ....................  ion his body with a wooden stick,  Additionally, on 
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or about 9 Feb 03, you unlawfully entered the dorm room of Aiman First Class:- --- --- --- --- _---- i. 
As a result, you were convicted by a summary court-martial and received an approved sentence 
of codinement for 30 days and reduction to the grade of E-3 (Tab 1) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM 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 and any special pay, bonus, or education assistance funds may be subject to 
recoupment. 
5.  You have the right to consult counsel.  Military legal counsel, Capf -- --- --- ----- -\ 
AFLSNADC, 228-5664, has been obtained to assist you.  An appointment has been scheduled 
for you to consult her on ~4/dvl- 0 3 a t   O 4 3 7  
civilian counsel at your own expense. 

hours in Bldg 35 10.  You may consult 

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6.  You have the right to submit statements in your own  ehalf.  Any statements you want the 
separation authority to consider must reach me b y b  &&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 have been scheduled for a medical examination.  You must report to your designated 
panel of the Ammedical Facility, Bldg 400, at  / 

for the examination. 

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9.  You have been scheduled for an initid outprocessing briefing,  You must report to the 
Military Personnel Flight (MPI?), Separations Element, Bldg 3200, Rm 120, at  0 %'% 
f 4 /  bb 65 for the outpmcessing briefing.  If you have questions, please call 228-5326. 

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10.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. 
You may contact the Area Defense Counsel to obtain a copy of AFI 36-3208. 

11,  Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1, Supporting Documents:  DD Form 2329,30 Jun 03 (2 pages), Article 69a Review (1 page) 
2.  Airman's Receipt of Notification Memorandum