AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

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TYPE  GEN 

COuN'EF 

YES 

No 
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NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OH ORGANIZATION OF COIINSEI. 

MEMBER SITTING 

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GCN 

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OTHER 

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DENY 

V@T$ OF THE BOARD 

ISSUES 

A94.05 

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INDEX  NllMREH 

A67.10 

I YEARING  DATE 

CASE NllMBER 

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EXHKBITS SU~MITTED TO THE BDARD 

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1  ORDER APPOMTING THE BOARD 

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API1I.ICA'I'ION FOR REVIEW 01:  DISCHARGE 
LETTER 01: NOTIFICATION 
BRIEF OF PERSONNEI., F1l.E 
COI.JNSF.I.'S KF.I.F.ASt:  TO THE BOARD 
ADDITIONAI, EXHIBITS SURMI'I''I'E1)  A'I"I'IMK  OF 
PERSONAL APPEARANCE 

'I'APF. RI'CORDING  01:  PERSONAL APPEARANCE HE 

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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. 

550 C S T E E T  WEST, SIJITE 40 
RANDOI.,PII AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OF THE A 
AlK FORCE DISCHAKC; 
ISJS  C'OMM,\ND  DK. EE 
ANDREWS AFR. MD 211762.7002 

NEI. COIINCII. 

1 

(EF-V2) 

Previous edition will  be used 

, 

AIR FORCE DISCHARGE REVIEW BOARD DECISlONAL RATIONALE 

CASE NIJMBER 

F"-2006-001 98 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRR) 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: 

Tssue 1.  Applicant contends discharge was inequitable because it was too harsh.  'The records indicated the 
applicant received two Article  1 5s, a Letter of Reprimand, a Letter of Counseling, and a Letter of 
Admonishment for misconduct.  The applicant received his first Article  15 for wrongfully viewing and 
storing pornographic images via a govcrnment computer.  He was punished with a reduction  in grade to 
Airman First Class and 30 days of extra duty.  'The  second Article  15 was for stealing a DVD from another 
airman.  He was reduced  in grade to Airman Basic, restricted to base for 30 days and performed 7 days of 
extra duty.  He was administratively disciplined for violating an order by possessing a Gameboy and a 
magazine while on post, speeding, driving with an expired state registration  and driver's  license, and 
performing an unsafe and prohibited act by using firecrackers on post.  The DRB 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.  'I'hc 
characterization of the discharge received by the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Rill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits,  that he understood he must receive an Honorable 
discharge to receive iilture educational entitlements.  Thc Board was sympathetic to the impact the loss of 
these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would 
warrant an upgrade. 

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 fkll 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 AFBr  MD 

(Former AB)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Beale AFB, CA  on 25 May 
04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5  Jun 80.  EnLmt Age: 18 0/12.  Disch Age: 23 11/12. Educ: BS DIPL. 
AFQT: N/A.  A-80,  E-90,  G-78,  M-80. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 4 Jan 99. 

b.  Prior Sv:  (1) AFRes 12 Jun 98 -  19 Aug 98 (2 months 8 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 20 Aug 98 for 6 yrs. Svd: 05 Yrs 09 Mo 06 Das, all AMS. 

b ,   Grade Status:  AB -  10 Apr 04  (Article 15, 10 Apr 04) 
A1C -  20 Feb 03  (Article 15, 20 Feb 03) 
SrA -  20 Apr 01 
A1C -  03 Oct 98 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 10 Apr 04, A1 Udeid AB, Qatar -  Article 121.  You, did, 
on or about 29 Mar 04, steal a digital video disc, of a 
value of about $13.00, the property of SrA 1 ---------------: 
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.  Reduction to AB.  Restriction to the limits 
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of A1 Udeid AB, Qatar for 30 days, 7 days extra duty. 
(No appeal) (No mitigation) 

(2) 20 Feb 03, Beale AFB, CA -  Article 92.  You did, on or 

about 22 Jan 03, violate a lawful general regulation, to 
wit: paragraph 6.1 and 6.1.3, AFI 33-129, Transmission 
of Information Via the Internet, dated 4 Apr 01, by 
wrongfully viewing and storing pornographic images via 
your government computer.  Reduction to AlC, and 30 days 
extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOCI 07 AUG 03 -  Performed an unsafe and prohibited act by 

LOA, 02 JUN 03 -  Speeding, driving with expired state 

using firecrackers on Beale AFB. 

registration, and driving on an expired 
license. 
LOR, 05 DEC 02 -  Violating a lawful order by possessing a 

Gameboy and a magazine while on post. 

f.  CM:  None. 

g.  Record of SV: 20 Aug 9 8  -  19 Apr 00  Beale AFB  3  (Initial) 
20 Apr 00 -  39 Apr 01  Beale AFB  4  (Annual) 
20 Apr 01 -  19 Apr 02  Beale AFB  5  (Annual) 
20 Apr 02 -  19 Apr 03  Beale AFB  2  (Annua1)REF 

h.  Awards  &  Decs:  AFOUA w/2 OLCS, NDSM, AFEM, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS: (05) Yrs (11) Mos  (14) Das 
TAMS: (05) Yrs  (09) Mos  (06) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )  dtd 15 May 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .  DD Forms 214  (Member 1&4 ) . 

Memorandum for Record 

15 May 2006 

For: Discharge Upgrade Review Board 

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From: : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

I was discharged from the military on 24 May 2004.  1 

am of the opinion my discharge was inequitable because I 
believe it was executed out of anger.  I think the 
Commander may have reacted to how he was feeling at the 
time, and made a rash decision.  I was discharged from a 
six-year contract after five years, nine-months, and four 
days.  At the time I had accrued 55.5  days of leave.  That 
would have left me with less than one month left to serve 
in my military career. 

I am not saying that I didn't  deserve to be punished 

for my actions, but I feel the punishment was 
inappropriate. I had already received and accepted non- 
judicial punishment for my individual infractions. When 
presented with his intent to discharge me, I responded by 
asking if there was another way to pay the price.  I 
expressed my desire to do whatever it took to make up for 
what I had done, but not to use financial punishment.  I 
told him how a discharge, even though it was a general 
discharge  (under honorable conditions) would not only hurt 
me, but my family as well. 

The discharge affected my family in two ways.  One is 

that I was unable to receive unemployment benefits because 
I had not completed a full first term of enlistment.  Two 
is that I was not able to take advantage of the Montgomery 
G.I. bill, which I had paid for. 

Not being able to draw unemployment made it difficult 

for a qhort period of time after I was discharged, but we 
made do.  The fact that I cannot use the G.I.  bill is still 
affecting me.  I am trying to get an education so I can 
continue to help support my family.  The G.I.  bill will 
help us out tremendously and is the only reason I am 
requesting to upgrade my discharge. 

I believe that even though I did not fully complete 
my term,of enlistment, I fulfilled more than enough to be 
able to use what I paid for. 

Thank ygu for your time and consideration. 

,- 

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DEPARTMENT OF THE AIR FORCE 

OTH SECURITY FORCES SQUADRON 

BEALE AIR FORCE BASE, CALIFORNIA 05903 

MAY  0 6  2004 

MEMORANDUM FOR  ................................................ 
FROM:  9 SFSICC 

1 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.49. If my recommendation is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

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A  . 

a  On 15 November 2002, you violated a lawful order by possessing a ~ a m i b o f n d  a 
magazine while on post.  For this misconduct you received a L,etter of Reprimand dated 5 
December 2002. 

b. On 22 January 2003, you violated a lawful regulation by wrongfully viewing and storing 

pornographic images on your government computer.  For this misconduct you received a Record of 
Nonjudicial Punishment dated 20 February 2003. 

c.  On 30 May 2003, you were cited for speed~ng, driving with expired state registration, md 
driving on an expired license.  For this misconduct you received a Letter of Admonishment dated 
2 June 2003. 

d.  On 6 August 2003, you performed an unsafe and prohibited act by using firecrackers on 

Bede Air Force Base,  For this misconduct you received a Letter of Counseling dated 
7 August 2003. 

e.  On 29 March 2004, you stole a digital video disc valued at $13.00. For this misconduct you 

received a Record of Nonjudicial Punishment dated 10 April 2004. 

3.  You have the right to consult counsel.  Military legal 
have made an appointment for you to consult C a p e  --_- -- ----- -- --- :on 06 May 2004, at 
1400 hours.  You may consult civilian counsel at your own expense. 

, - - - cowel 

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- - , been obtained to assist you.  I 

4,  You have the right to submit statements in your own behalf.  Any statements you want the 
sepatation authority to consider must reach me by 11 May 2004 unless you request and receive an 
extension for good cause shown.  I will send them to the sepamtion authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must mport to Public Health, on 
6 Mav 2004. at 1440 hours for the examination. 

7.  Any personal infomation you W s h  in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFZ 36-3208 is available for your use at Commander's Support Staff and Separations Office at 
the MPF. 

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

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Commander 

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Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memomndu.tn