AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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........................... 
TYPE  GEN 
'OUNSEL 

PERSONAL APPEARANCE 

NAME OF COUN5P.I. AND OH ORGANIZATION 

AMN 

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X 

RECORD REVIEW 

ADDHKSS AN0 OH 0HCANII.A  I ION OV COllNSFl 

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No 

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A94.05 

MEMBER SITTING 

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EXHIBITS SIIBMITTED T O  THE BOARD 

I  ORDER APPOTNTTNG THE BOARD 

1 
2  1  APPLICA'I'ION FOR REVlEW OF DISCHARGE 
3  1  1.E.I"l'EK OF NO l'IFICATION 
4 
BRIEF OF PERSONNEL  FILE 
COUNSL.L.'S KEI.L..ASt 1'0 TIIE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING  OF PERSONAL APPEARANCE IIE 
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Advise applicant of the decision of the Board, the right to a personal appearance withtwithout 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  r e q u e s t .  

*  Reason and Authority 

"' 

SAFIMRBR 
550 C STREET WEST, SIJII'E  40 
RANL)OL.I'I  I  AFH. TX 78 150-4742 

,y INDORSEMENT 

I  6ROM 

W~  " 

DATE: 3/21/2007 

\t  CHI IAHY Ot  I H t  41H ).OR(f  PFYZOINEL COI I C I L  
\IR  FORCE DILCHtRGt R t \  IEII BOAHI) 
1535 COMM \ I D  DH  tL H I 4 6   !HI)  t LOOH 
ANLIHE\VS AYB, hill Z1176L-7UOZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMRER 

FD-2""6-00, 93 

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

FINDINGS:  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 woilld justify  a change of discharge. 

ISSUE: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 and a Record of Individual Counseling for misconduct.  The applicant 
received an Article  15 for wrongfully participating in an organization that supports supremacist causes and 
wrongful appropriation of government property.  He was punished with a reduction in grade to Airman and 
forfeiture of $400.00 pay for one month.  The Hoard concluded the applicant's  misconduct was a significant 
departure from conduct expected of all military members.  The characterizatioil of the discharge received by 
the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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, ?&!I 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Hill AFB, UT on 23 Feb 
94 UP AFR 39-10, para 5-47b--(pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for an Honorable Discharge, and to Change the 
Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Oct 71.  Enlmt Age: 18 0/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-71,  G-76,  M-86. PAFSC: 3P052 - Law Enforcement Journeyman, 
DAS: 13 May 93. 

b.  Prior Sv:  (1) AFRes 27 Oct 89 -  7 Aug 90 (9 months 11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  8 Aug 90 for 4 yrs. Svd: 03 Yrs 06 Mo 16 Das, all AMS. 
b.  Grade Status:  A1C -  10 Feb 94 (Article 15, 10 Feb 94) 

SrA -  08 Aug 93 
A1C -  08 Dec 91 
Amn  -  08 Feb 91 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 10 Feb 94, Osan AB, Korea -  Article 92.  You did, 

:  Article 134.  You were, betweeri-EiYi~' about 

between on or about 1 Oct 93 and on or about 31 Oct 93, 
violate a lawful general directive, to wit: Air Force 
Policy Directive 51-9, Para 1.4.3, dated 5 Nov 93, by 
wrongfully actively participating in an organization 
that supports supremacist causes, to wit: National 
Alliance, by providing supremacist materials, business 
cards  and newletter and order forms to SrA: 
-.-..-.-.C..-.-.. 
L . -. . . . -. . . . -. -. -1. 
1 Oct 93 and on or about 31 Oct 93, disorderly by 
c~mmunications to SrA 1 .......................... 
have kicked an apprehended black male and "what are 
these dumb niggers doing nowM or words to that effect, 
which conduct was of a nature to bring discredit upon 
the armed forces.  Article 121.  You did, on or about 24 
Jan 94, wrongfully appropriate five 5.56 blank rounds, 
three 30-rounds clips, four M16 30-round magazines, 
seven chemical light sticks, 12 carpet squares, three 
chemical heating pads, of some value, the property of 
the United States.  Reduction to Airman, and forfeiture 
of $400.00 pay for one month.  (No appeal)  (No 

I - - - - - - - - - - -  

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

:  that you would 

mitigation) 

e.  Additional: RIC, 18 JAN 94 -  Relieved from duty due to strong odor of 

alcohol on breath. 

f.  CM:  None. 
g.  Record of SV: 08 Aug 90 -  07 Apr 92  Little Rock AFB  4  (Initial) 
3  (Annual) 

08 Apr 92 -  21 Dec 92  Little Rock AFB  4  (CRO) 
22 Dec 92 -  30 Aug 93  Osan AB 

h.  Awards &  Decs:  AFGCM, NDSM, AFOSSTR, AFTR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (03) Mos  (27) Das 
TAMS: (03) Yrs  (06) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 May 06. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Training Certificate. 
4. Offer of Employment. 
5. College Transcript. 

APPLICATION FOR  THE REVIEW OF DISCHARGE 

'  FROM THE ARMED FORCES OF THE UNITED STATES 

IHeaso mad instruction# on Pama 3 and 4 BEFORE conrpkting thls applimthn.) 

I  Form Approved 

OMB Nb. 0704-WM 
Exphs dug 31,2006 

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U C K  OF THIS PAGL 

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PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1563:  E.O.  Q31)7. 
PRINCIPAL PURWSE(8):  To apply for a change in the chluaGterixation or reason for military .dlschargs Issued to an Ind!vidual. 
ROUTINE USE(SI:  Nonm. 
DISCLOSURE:  Valyntmly; however,  failure to provide identifying information may irnpeb processing o f  this application.  The request for 
Social Security Nuinbe? Ir sttfetly to assure proper Identiflcaflon of the lndlvidual and epproprlatb records. 
.. 
1.  APPLICANT DATA  (Tho perwn whose discharge is to be reviowedl.  PLEASE MINT OR TYPE INFORMATION. 
4.  BRANCH OF SERVICE (X OM)  I 
I XI AIR FORCE 
b - - - . - - - - - - . . - -- - - 

1 N A W  
E - 2  

I W I N E  CORPS 

1 COASTGUAW 

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3.  UNIT AND LOCATlON AT DISCHARGE 
1  OR SEPARATION 

( UNoEA OTHER THAN HO 

OF DISCHARGE O R ~ S ~ P ~ ~ O N  

2.  ~ A E  
(WWMMDDl (M date I. mora than 16 y a m  & 7 

4*  o i s c m o E  C n L c n R I z A T I o N  REcHyED (x OM)  8.  <&RD  A C ~ O N  REQUESTED, (i OWI 

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I HONORABLE CONDITIONS 

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1  7. I X H  spplicableI AN APPLICATION WAS PFlWiOUSLY SUBMITIED ON IWWMMOD/ 
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OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST lConrlnue in Item 14.  Saa lnstmctions on 
~ r r r r / e -  W A  J 
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8.  I N  SUPPORT OF THIS APPLICATION,  THE FOLLOWING AffACHED DOCUMENTS ARE SUBIII)tlTED AS EVIDENCE: (Comlwe in &em 17. 

G * t h Y w * t b  7 #*  -b?f. .c' K ~ + O C W O J Z C U A T ~  F7g  A rR  ,VA&+'dL  S?d//Lk C 

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11.  APPLICANT MUST SIGN IN ITEM 13.a. BELOW.  If the rocord h quodon la that of a decemsd or Incompetent person, LEQAL PROOF OF 

DEATH OR  INCOMPEENCY MUST ACCOMPANY THE APPLICATION.  If the sppllcatlon ir rlgmd by other than the eppllcant, indicate 
th@ m m  

I ~ f w a n i  notIfhtlon of any change In addresaJ 

12.a. CURRENT MAILIFIG ADDRESS OF APPLICANT OR  PERSON ABOVE 

I: ..-.-....-.-....-.---------------------------------------------------------, 

- - . A - - ' - - - r - -  ---- --- ---- - - 4 - 4 - - - - -  ---- 

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and mlstionshlp by marking a box below. 
u w  REPRESENTATIVE 

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OTHER lspsdty) 

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13.  CERTIFICATION.  I make tho fomgdng 8 t a ~ t r .  u part of my clalm,  wlth full knowlad e of the 
pondtk Involved for willfully making a fdsr mtmtoment or claim.  (U.S.  Code, TItie 18, sect?ons 287 
and  iml, provide that an individual shll be fined under this titie or imprisoned not more than 6 YeUfS, 
or bath.) 

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b.  DATE SIGNED.  REQUIRED 
IYWYMMOO) 
@@7/63 

CASE NUMBER 

(Qo not write in this space.) 

Fb d~ob ~ / 9 3  

DD FORM 293, MAR 2804 

PREVIOUS EDITIONS ARE OBSQLETE. 

Page 1 of 4 Pages 

14. CONTINUATION OF ITEM 6, IBUES (If applrcabh) 
a m t a c , ~ ~ e l  AN?)  ~

S S ~ A ~ I ~ W  

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16. CONflNUATlON OF ITEM 8,  SUPPORTING DOCUMENTS (ltappllcable) 

16. REMARKS (If applicable) 

C t r r M  GTIM. 

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MAIL COMPLI~~ED APPLICATIONS TO APPROPRIAT~ ADDRESS BELOW. 

ARMY 

Army Redew Boards Agency 
Support Division,  St.  Louis 
8700 Page Avenue 
St. Louis,  MO  831 32-6200 
[See hrtp://arba.army.pentagon.mil) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
660-C Street West,  Suite 40 
Randolph AFB, TX  78 150-4742 

I 

N A W  AND MARINE CORPS 

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

COASTGUARD 

U.S.  C ~ a s t  Guard 
Commandant (G-WPM) 
2100 Second Street, S.W.  Room 5500 
Washlngton. DC  20593 

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DD FORM 293, MAR 2004 

Page 2 of 4 Pages 

Board for Correction of Air Force Records 
SAFI MRBR 
500-C Street West, Suite 40 
Randolph AFB, TX  78 1 50-4742 

Board Members, 

It has just now been brought to my attention there is this avenue to upgrade my 

DD 214 discharge to Honorable fiom General to reflect my true service and commitment 
to our nation, 

My father is Chief Master Sergead-- -- --- -- --- ----- - i, USAF Ret. Security Police, 
Hill AFB Utah. Whom personally pinned my security police'shield on my uniform at my 
graduation ceremony at Lackland, AFB when I completed my Law Enforcement 
Academy training. This was the proudest day of my life. They even kept a photo of this 
, event in the Security Police museum at Lackland AFB. 

I expected to follow in his footsteps and make a career of the USAF, but due to 
the tragic course of events when my brother Sgt.: ....................  1,  serving in the US 
Army died in a traffic accident with his wife and two daughters, did I make a decision to 
leave the Air Force and I confronted my First Serge- 

to allow my discharge. 

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

I know he had my best interests in mind when he wanted me to continue with my 
Air Force career. Things did not happen quite the way I had wanted, but I felt the need to 
return home to my family and in my youth made some poor choices resulting in me 
accepting a General discharge under honorable conditions so I could go home to be with 
my family during their time of need. 

I would like to correct this past injustice and once again serve my country. 

I am now in the process to return to services for the United States government in 

the Federal Air Marshal Service of the US Dept. of Homeland Security. 

I respectfully request my DD-214 and service record be adjusted and corrected to 

facilitate this opportunity to fulfill my patriotic duty and oath to serve my country . To 
protect and defend the Constitution of the United States of American with Honor. 

Thank you f ~ ~ y 0 y . r  ~nsideration, 
..-..-....-....-....-. -.- -.-..-.-..-....-....-.. 

c-j 

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D E P A R W  O t   TEE  AXR  TOR- 
S ~ X T Y  POLIC% 8Qm.KJRO1P (PXCILlr) 

UWIT  2063  : 

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APO  ARM  PACXPXC  96378-2063 

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MEf.'ORANDUM  FOR S=A 1- ---- ---- ---- ---- ---- ---- U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M U M !  

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

.  . 

FROM:  CC 

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SUB-CT: 

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Letter of Notification 

. 

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1  I am recommending your discharge from the United States Air Force for 
a Pattern of Misconduct  (Conduct Prejudicial to Good Order and Discipline) 
under the provisions Gf AFR  39-10, paragraph 5-47b.'  If my recommendation ia 
approved,  your service could be characterized as honorable or general.  I am 
recommending that yobr service be characterized as general. 

2.  My  reaeons for this discharge action are as followe: 

-

!

.

 

(  a. You did, at Oean Air Baee, Republic of Korea, petween on or about 1 

I - - - - - - - - - - - - - - - - - - - - - - - -  

0ctoGer 1993 and on or about 31 October 1993, disorderly by 

October 1993 and on or about 31 October 1993, violate a lawful general 
directid, to wit:, Air Force Policy Directive 51-9, Para 1.4.3,  dated 5 
Novemberl1993, by wrongfully actively participating in an organization that 
suphorts ' #upremacis t causee , to w i t  :  National' Alliance,  by providing 
suptemaciat: materiale , business cards, and newsletter and order f o m s  to SrA 
-,---. ---------------- .  You were, at Oean Air Base, Republic of Korea, between on 
qr  about 
communicating to SrA 1 ........................ 
appjehended black male and lwhat are thee8 dumb niggers doing noww or woxde to 
that effect, which conduct was of a nature to bring discredit upon the armed 
forces.  You did, at Osan Air Bpse, Republic of Korea, on or about 24 January 
1994, wrongfully appropriate five 5.56 blank rounds, three 30-round clips, 
four MI6 30-mund  magazines, beven chemical light aticka, 12 carpet squares, 
three chspical heating pads, of aome value, the property of the United States. 
For these incidents, nonjudicial punishment:  was  initiated on 3 February 1994. 

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

: that, you would have  kicked an 

b.  On 15 January 1994, yor? did, at Osan Air Base, Republic of Korea, 

appear for duty in a condition that did not pxesent an appropriate military 
appearance as a- result of your corieumption of alcohol.  For thia incident, you 
received  a letter of counseling dated 18 Januaxy 1994. 

3 .   Copiee oZ the documents to be forwarded to the separation authority in 
s'upport of thie recommendation are attached.  The Commander exercising SBCM 
jurisdiction'or higher authority will decide whether you will be discharged, 
and i f  you are discharged, how your service will be characterized.  If you are 

discharged, you will be ineligible for reenlistment in the Air Force. 

I 

4 .   You have the right to coneuft legal counsel.  Military legal coun~el has 
been obtained to aasist you.  I have made an appointment for you to coneult 

the Area Defense Counsel on  *  /230 A  4f?4 94  .  YOU may coneult ukvilian 

counsel at your own expenae. 

. 

-  - 

5 .   YOU have the right to aubmit etatemente on your own  behalf.  Any 
statements you want the separation authority to copeider must reach me bythree 
workdays, NLT  6. 9f  at 
hours. '  I will send them to the 
separation authorit#:' 
F z  

/6 0 0 

X f   you fail to conault counsel or to submit statements on your own  behalf, 

6 .  
your  failure will constitute a waiver of your right to do so. 

7.  You are scheduled for a m$dical  examination on . O @ o   .Pa 94-  . 

8 .   Any personal  information you furnish in rebuttal is covered by the Privacy 
Act  Statement as explained in AFR  39-10, attachment 2.  A  copy of AE'R  39-10 is 
available for  your use in the orderly room. 

9.  Execute the attached acknowledgment; and  return ii to me immediately. 

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Squadron ~ m m a n d e r  

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2 Atch 
1.  Supporting Documents for 

the,Reasons for Discharge 
2.  Airman's Receipt of Letter 

of Notification