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I  NAME OF SERVICE MKYBER (LAST. FIRST MIIIULE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

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MEMBER SITTING 

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ISSUES 

A94.05 

INDEX "IIIMBER 

A67.10 

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X 

X 

X 

AMN 
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RECORD REVIEW 

ADnRESS AND OR ORGANIZATION Ok  COllNSEL 

VOTEQF 'FHE BOAR)) 

EXMIBITS SUB&@TED TO THE BOARD 

OlIDER APPOlN I'ING THE BOARI) 
APPLICATION  FOR REVIEW OF DISCHARGI: 
LEI' I I-.R  OF NOTIFICA'SION 
BRIEF OF PkRSONNEL F1l.t 
COWSEL'S IIF:I.EASE  TO  fl I
ADDI-I'IONAL EXHIBI'I S  SIJBMITTEI3 AT TIME 01. 
PERSONAL APPtARANCE 

 BOARD 

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TAPE KCOIIIJING OF PIERSONAL APPCAIIANCE  HE 

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.APPLICAKT'S ISSVE AND THE ROARD'S DEClSlON4L RATIONAL ARE DISCCSSED ON THE ATTA(:HED AIR FORCE DISCHARGE REVIEW' BOARD DECISION.4I. RATlOXhLE 

CASE NUMBER 

(  FD-2006-00176 

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IIEARING DATE 

1  08 Feb 2007 
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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. 

'------------------------------r-/---,--/-----------------------.------------------------------------------: 

m 

SAFIMRBK 
550 C STREET WEST, SUl'l'K 40 
RANDOLPH AFU, 1'X 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

V 

DATE:  211 2fZ007 

FROV 

SECREI'AKY OF TllF AIR FORCE Pt:KSOYhEL COLlhC'IL 
AIR FORCE DISCH4KGE HEVIEW BOARD 
1535 COMMAND DR, EE WING.3RD  FLOOR 
ANDREWS AFU, MD 10762-7002 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00176 

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 of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justify a change of discharge. 

ISSUE: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article  15, three Letters of Reprimand, and a Letter of 
Counseling for misconduct.  The applicant received an Article  15 for committing sodomy with a child under 
the age of 16 and for wrongfully communicating to an airman that he would deal with him with a Glock 40 
handgun.  He was punished with a reduction in grade to Airman, restriction to Edwards AFB for 30 days, 
and 30 days of extra duty.  IIc was administratively disciplined for failure to go on two separate occasions, 
missing an appoihtment, speeding, and failure to obey a lawful regulation.  The DRB opined that through 
these administrative actions, the applicant had ample opportunities to change his negative behavior.  The 
Board concluded the nlisconduct was a significant departure from conduct expected of all military members. 
The characterization of thc 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 fbregoing 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 changcd. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Edwards AFB, CA on 11 
Oct 00 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Jan 7 9 ,   Enlmt Age: 18 8/12.  Disch Age: 2 1  9/12. Educ: HS DIPL. 

AFQT: N/A.  A-39,  E-41,  G-30,  M-45. PAFSC: 2A651A - Aerospace Propulsion 
Apprentice. DAS: 26 May 98. 

b.  Prior S v :   (1) AFRes 2 6   sep 97 -  2 0   Jan 9 8   ( 3   months 25 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a,  Enlisted as AB 21 Jan 98  for 4 yrs. Svd: 0 2   Yrs 08  Mo 21 Das, all AMS. 

b.  Grade Status:  A m  -  11 Aug 00 (~rticle 15, 11 Aug 00) 

ALC -  21 May 99 
A m  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Aug 00, Edwards AFB, CA -  Article 125.  You, did, at 
or near March Air Reserve Base, California, on or about 
15 May 00, commit sodomy with Palije Ziba, a child under 
the age of 16 years.  Article 134.  You, did, at or near 
Edwards AFB, California, on or about 10 Jun 00, 
wrongfully communicate to A1C Starsky D. Murrell a 
threat to deal with him with your Glock 40  handgun. 
Reduction to Airman, restriction to Edwards AFB, CA for 
3 0   days and 30 days extra duty.(~ppeal/Denied) (No 
mitigation) 

e.  Additional: LOR/UIF/CR, 28 AUG 00 -  Failure to go. 

LOCI 09 NOV 99 -  Failure to obey a lawful regulation. 
LOR, 16 JUL  99 -  Speeding. 
LOR, 24 FEE  99 -  Failure to go. 
VBC, 04 AUG 98  -  Missed appointment. 

f.  CM:  None. 

g.  Record of SV: 21 Jan 98  -  20 Sep 99  Edwards AFB  4  (Initial) 

21 Sep 99  -  20 Sep 00  Edwards AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (03) Yrs  (00) Mos  (26) Das 
TAMS: (02) Y ~ s  (08) MOS  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd OL May 06. 

(Change Discharge to Honorable) 

Issue 1:  I request a change do  (sic) to the fact that it's been extremely 
difficult to find employment with a good company.  After I submit my DD 214 I 
have been denied employment opportunities at the United States Postal Service 
and also the Transportation Security Administration.  By having misconduct and a 
general discharge many employers will tell me that I'm qualified but they can 
not  (sic) hire me because of my military background. 

ATCH 
None. 

DEPARTMENT OF 'THE  AIR  FORCE 

HEADOUARTERS 412TH TEST WINO (AFMCI 
EDWARDS AIR FORCE BASE.  CALIFORNIA 

FROM:  412 MXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for minor 
disciplinary hfiactioas.  The authority for this action is AFPD 36-32 and MI 36-3208, para 
5.49. If my recommendation is approved, your discharge will be characterized as honorable 
or general.  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for discharging you for minor disciplinary infractions are: 

a.  On 23 Feb 99, you failed to report to your appointed place of duty, as evidenced by a 
Letter of Couseling, dated 24 Feb 99.  (Atch 1.1) 

b.  On 12 Jul99, you were cited for speeding on Edwards AFB, going 78 mph in a 60 mph 
zone, as evidenced by a Letter of Reprimand, dated 16 Jul99.  (Atch 1,2) 

c.  On 8 Nov 99, you willfully disregarded shop policy by eating in the GE Section, as 
evidenced by a Letter of Counseling, dated 9 Nov 99.  (Atch 1.3) 

d.  On 15 May 00, you committed sodomy with , - - - - - - - - - - - - - - - - - - - - - -  
a child under the age of 16 years and on 
10 Jun 00, you communicated a threat to A1C 1. ... .. , . ... .. ... ....-; as evidenced by an 
Article 15 and an Unfavorable Information File, dtd 11 Aug 00. (Atch 1.4) 

e.  On 24 Aug 00, you failed to go to your appointed place of duty, as evidenced by a 
Letter of Reprimand, dated 28 Aug 00, an Unfavorable Znfomation File entry and a 
control roster action, dtd 6 Sep 00.  (Atch 1.5) 

3.  Copies of the documents to be fbrwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial convening 
authority (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. 

-  4.  You have the right to consult counsel.  Military le 

been obtained to assist 
i  at Bldg 2670 on 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  20 5c f' DO  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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 Physical 
Examination Section, Flight Surgeon's Office, Bldg 3925 at 0730 on 
examination. 

N I A 

for the 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFl36-3208 is available for your use in the Orderly Room. 

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

-----------------------------------------------------, 
Commander 

Attachments: 
1.1  LOR, dtd 24 Feb 99 
1 -2 LOR dtd 16 Jul99 
1.3  LOC, dtd 9 Nov 99 
1.4  Article 15, dtd 1 1 Aug 00 
1.5  LOR, dtd 28 Aug 00, W, dtd 6 Sep 00 
1.6 Other derogatory data not listed not listed in the notification memo 
2.  Airman's receipt of notification memorandum