AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

CAPT 
X  I  RECORDREVIEW 

I 

I 

AFSNISSAN 
------------------ 
------------------ 

YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI-) 
-..-..-..-..-..-..-..-..-..- 
.---------------------------. 
:YpE  GEN 

PERSONAL APPEARANCE 

I 

I 

I 

MIm8L 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

ISSUES 

A94.05 

INDEX NUMBER 

HEARING DATE 

27 Apr 2007 

CASE NUMBER 

FD-2006-00206 

Case heard in Washington, D.C. 

PERSONAL APPEARA 

I 

'TAPE RECORDING OF PERSONAL APPEARANCE HE 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout 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. 

. ". 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SETRETARV OF THE AIR FORCE PERSONNEL COUNCII. 
AIR FOR(  F DISCHARGE REVIEII  BOARD 
1535 COMMAND DR, EE WlhC, JRD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHKK 

~D-2006-00206 

GENERAL:  The applicant appeals for u p ~ a d e  of his 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: 

Applicant states that his discharge did not take into account the good things he did while in the service, so 
his discharge should be characterized as honorable, not merely as under honorable conditions (general). The 
DRB took note of the applicant's duty performance as documented by his performance reports, letters of 
recommendation and other accomplishments.  Upon review, the Board found the seriousness of the 
applicant's  willful misconduct with an Air Force NCO's  wife to include: 1) violating a no contact order on 
divers occasions ovcr a 10 month period, 2) committing adultery, 3) communicating details concerning 
official personnel matters involving other Air Force members, and 4) unlawfully assaulting and battering this 
same female by grabbing her around the waist and forcing her on the bed, moving her up against the wall 
and kissing her mouth and face, placing his body on top of hers and holding her arms over her head with his 
hands), all combined to more than offset the positivc aspects to the applicant's duty performance.  The Board 
noted the applicant received two nonjudicial punishment actions (September 2004 & June 2005) regarding 
the criminal activity described above.  Additionally, the Board noted that the applicant waived his right to a 
board of inquiry on thc express condition that he receive no less than a general discharge. Based on a full 
review of all information in the file, 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, MD 

(Former CAPT)  (HGH CAPT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Vandenberg AFB, CA on 13 
Apr 06 UP AFI 36-3206, Chapter 3, para 3.6.4 (Misconduct -  Serious or Recurring 
Misconduct Punishable by Military or Civilian Authorities).  Appeals for 
Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 9 Sep 74.  Enlmt Age: 23 8/12.  Disch Age: 31 7/12. Educ: HS DIPL. 

PAFSC: 33S3 -  Communications and Information Officer. DAS: 4 Aug 03. 

b,  Prior Sv:  (1) AFRes I6 May 98 -  27 Jun 98 (1 month 12 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Appointed to 2Lt and Ordered to EAD 28 Jun 98 Svd: 07 Yrs 09 Mo 16 Das, 

all AMS. 

b.  Grade Status:  Capt -  27 May 02 

1Lt -  27 May 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Jun 05, Vandenberg AFB, CA -  Article 128.  You, did, 

2 Mar 05, 

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

:around the waist and 

at or near El Pa;go,--Te-zas ,-- ?-~--~-g--?bout 
unlawfully grab ; ------- -- -- ------- -- -- -- ----- 
force her on to a bed, move her up against a wall and 
kiss her mouth and face, then force her back on to the 
bed, place your body on top of hers, and hold her arms 
over her head with your hands.  Article 92 .  Jg!~,--hgy-ing 
--. 
knowledg~ of a lawful order issued by Major L ....-.-.-..,, l 
I,  to wit: not to have any contact with SSgt \ ---- i 
------------, 
:or any member of his family, dated 22 Jul 04, an 
1 
bf8Ff--iydich it was your duty to obey, did, within the 
states of California and Texas, on divers occasions 
between on or about 26 Feb 05 and on or about 2 Mar 05, 
fail to obey the same by wrongfully contacting SSgt 
Maleikats wife, Christina: ------------ .  Forfeiture of 
$2000.00 pay per month for 2 months, and a reprimand. 
(No appeal)  (No mitigation) 

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

(2) 27 Sep 04, Vandenberg AFB, CA -  Article 92.  You ,----------, 
having knowledge of a lawful order issued by Maj i 
.---------------------------- 
.................... 
which it was your duty to obey, did on divers occasions, 
at or near Vandenberg AFB, CA, between on or about. 9 Dec 

not to contact ; ........................... 

- - - -  - - - - - -1 
i,  an order 

L.-.-.-...u.-.-.-.. 

'  which order you 

j  you wrongfully 

------------- 
............ ! 

03 to on or about 13 Sep --  .......................... 
04, fail to obey the same by 
wrongfully contacting 1 ............................ I  Article 133. 
You did, at or near vandenberg AFB, CAI between on or 
about 11 Sep 03 and on or about l;--S$~--G+,--gflqag-$--in an 
unprofessional relationship with ; ........................... 
iI  the 
dependent spouse of an active-duty noncommissioned 
officer who was also assigned to Vandenberg AFB as .------------ 
follows: First, you committed adultery with Ms. ; ----------- 2 
your commander then gave you an order not to have any 
further contact with Ms.; 
immefijat-gly. disobeyed by continuing to make contact with 
Ms. i ........... ' :I  resulting in her-prrg_nancy; also, during 
your relationship with Ms.: -..-..-..-..- 
communicated to her details regardinq official personnel 
matters involving other Air ~ o r c e  personnel, including 
subordinate enlisted personnel assigned to your unit and 
under your personal supervision and leadership, 
information which you had a duty not to disclose to 
anyone except for official purposes; finally, after Ms. 
Maleika and her family moved to Kadena AB, Japan, she 
told you that she wanted no further contact with you and 
your commander gave you another written order not to 
:,  which order 
have any further contact with Ms. 
you disobeyed by repeatedly contacting Ms. \ ----------- : via 
email, text messages, and telephone calls; the entirety 
of which conduct was disgraceful and conduct unbecoming 
an officer.  Article 134.  You, did, at or near 
Vandenberg AFB, CAI between on or about 11 Sep 03 and 
between on or about 30 Apr 04, wrongfully have sexual 
intercourse with I ........................... 
'  a married woman not 
3 
your wife.  Forfeiture of $2,110,00 pay per month for 2 
months, and a reprimand. (No appeal)  (No mitigation) 

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

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

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

-

-

-

 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 28 Jun 98 -  27 Jun 99  Eglin AFB 
MS  (CRO) 
28 Sun 99 -  27 Jun 00  Eglin AFB 
MS  (Annual) 
28 Jun 00 -  27 Jun 01  Schriever AFB  MS  (Annual) 
28 Jun 01 -  27 Jun 02  Schriever AFB  MS  (Annual) 
28 Jun 02 -  27 Jun 03  Schriever AFB  MS  (Annual) 
28 Jun 03 -  17 Jun 04  Vandenberg AFB  MS  (CRO) 
27 Jun 04 -  26 Jun 05  Vandenberg AFB  DNMS  (AnnualIREF 

h.  Awards &  Decs:  JSAM, AFAM ~ / 2  OLCS, AFTR, NDSM, NATOM, AFOUA ~ / 1  BOLC, 

APOEA, AFLSAR , GWOTSM . 

i,  Stmt of Sv:  TMS: (07) Yrs  (10) Mos  (28) Das 
TAMS: (07) Yrs  (09) MOS  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 May 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Six Officer Performance Reports. 
3. Two AF Forms 475. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(maso ntsd instruuim on mas  3 and 4 BEFORE comptedng this a p p & a t h l  

.

f

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r ~ ~ - ~ ~ r

* p r a l h v k h i n g ~ ~ r

PLEASE  O H O T

OUR  HWIY TO  THE M O W  ORQAllEAllON.  RETURN 
~

1 
I PRINCIPAL WRWSE(S):  To kply for a change in the characferizetlon or r-n 

AUTHORCTY:  10 U.S.C.  1563: E.O.  9397. 

PRlVACY ACT STAtEYEN'r 

ROUTINE USE(&):  None. 
DISCLOSURE:  Voluntary; however, faikm to provide identifyin@ information may impeda proceiming of mir applition.  The request for 
Social Securii Number is s M v  to mwre D~WW Identification of the individual and a~wowiate records. 
1.  APPUCANf DATA  ITh8 parson whose discharge it to b reviewed.  PLEASE PRINT OR TYPE INFORMATION. 

..  . 

r  F 

for military discharge iswed to an individual. 

i h e  

~ a ( h ( o m * b n ~ h d o u n o t ; b p l ~ e ~ n ~ * # ~ ~ ~ m r k d ~ m k . ~  
COYRETEO HW(Y TO  THE AP#)OPRUl'E ADO- 

I  OMB No, 07- 

OM6 apprwd exms 
AW  31,2006 

I 
ON BACK OF THlS I 
I 
I 

~

~ A T E O F M S C H A R O E  
IYYWMMDD) Ill data ir more t h n  18 y.ers 
ago, submh a  OD h 119) 
20060413 

1 4.  DISCHAROE CHARACTERIZATION RECEIVED IX moll 6.  BOARD 
--- 
K 

o N O ~

~ M s

~

I 

- - r - 

I 

3.  urn AND i o c ~ n o ~  

AT DISCHARGE 

OR 8EPARATK)N 

~

T H A l Y n

H0NonAW.E 
G E H E R W U M  HOWRABLE COWKKm8 
~
WCONWCT 
UNCHARAmWtB, 
OMR 
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/E*pkn) 

VANDENBERG AFB, CA 
6.  ISSUES.  WHY AN U P Q ~ E  OR CHANGE 1 REQUESTED A M i  JU$TWCAI?ON  FOR WE REQUEST ICcu~imm in hem  14.  h ktnnhw on 
------------------ 
~e~%@ik 
- - - - - - - - - - - - - - - - -4 
addidon, only in in the militmy is a a single person, such as mysclt is charged and convicted wi$-&!&q.-@J 
who pressed charges against me is an enlisted spause who lied directly to my co-der, 
relationship with me in front of her husband  I continued relationship because she promised to f&i&&%uS&d 

to my discharge.  Msbment does not fit the crime.  Only in the military is adultery considered 

:about having a 

to marry me. 

a crime.  In 

Maj : 

I 

1

1

 

7. IX ~ e p p ~ i m b ~ e ~  

AN m c A n w  WAS PREVIOUSLY  S U B M ~  ON ~YYWMMDDI 

AND THIS FORM IS IUBMllTED TO ADD ADDITIONAL ISSUES. JUSTIFICATION,  OR MDEIICE. 

.8.  IN SUPPORT OF THIS APPLICATlON, THE FWOWNO ATTAWED DOCUMENTS ARE SUBMllTED AS EVIDENCE /Cwrtkuw *r 

17. 

K  CMANGETOHQrmRAIBLE 

 

CHAlYQETOQFNERAUMDEM 
H o ~ C O W D m O N s  
cHAlKiETOU1ICHARACfBp17R) 
I N O P ~ ~ ~ ~ F O ~ W I
CH*W(K WRRATNE REASON FOR 
8EPARATKWl1D: 

 

9.  TYPE OF RMEW REQUESTED lX onel 

11.  APPUCANT MUST SlQN IN ITEM 13.8.  BELOW.  H Uu ncord In quntion b W of a kcrYd or -#It  m, LHJAL PROM: OF 

MUST ACCOMPANY THE APPUCATION.  If tha .ppliE.llon ia dgnd by othrr th.n tho 

hdcetm 

DEATH OR I-CY 

I 

I 

13.  CERflRCAllON. 

puultka lnvdvod for 
and  1001, pfovkl8 that an mndividuel shdl be fined undw thls tirk or ~mpnsDlWd not m IlrY, 5 vesrs. 
- 
w both l 

smomwm, rr part of my a, with N krorr(.d91 of tho 
m&hg  l f J n  rutwmm or drkn. /U,S. C$a,  Titb 18, Swt~ons 287 
. 

I nu&.  thr ton- 

.______ 
a.  8ffi2TU#iL  W R D  

--  _I--------------. 
I 2006PF2& 

cw pcvson in hem  I t above) 

b.  DATE sww 
IWWMMOO) 

I- 

OD FORM 293, MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

I 

CASE NUMBER 

(Do not mire in thk space.) 

F b l P c ~ - o o ~ ~ b  

I 
I 

Page 1 of 4 Pages 

I 

pDS=%96-~2% 

.... - .... 

14. CONTNUAfKm O f  ITEM 6 tSSUES (ll applksble) 
Mrs. ; - - - - - - - -mrpt. hpusted as tk cast histay shows that she is a repca6ed cheater and liar to her children, ber husband, ber 
; to me, to OSI, to JAG and to hemelf.  I admit it was poar judgement to fall in love with a married woman 
parents, to *aj  ; - - - - - - - - 
,-.-..-.- 
and to b e l i i  that a woman that cheats on her husband with two separate guys, cunnot be busttd I did love Mrs.:.  . . -. . . land she 
did everything d said everything to ma to make me believe it.  Mrs. I:::::::: 
immediately filed for divorce just aAtr she gavc b i d  to theu second child.  Maj; - - - - - - - - r has personally disliked me since the 
moment I stepped into his office and he did not give me clearance to learn tbo firll mission of the 14 IWF.  ACC 1G anrived to 
.cooduct? UCI on 14 W and being the DO, I could not answer all the questiom relating to the mission of 14 IWF due to Maj 
~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ t o a o t h a v i n g s c c e s e t o t h c a U t h e p m ~ .  
documentation I was to review was outdated, My former ADC, cau attest **'no 
was set up to Eail a d  I seek out help from 30 SW ME0 and 30 SW 10 and got no assistance. I h o w  what Im&3 i i s  immoral and I 
failed to learn fiwn my mishkes.  I did not steal i n f ' n f i r o m  the Air Porn.  I did not sell infomation of the Air Force.  I did 
not release any confidwtial or secret infomution to Mrs.: - - - - - - - lor anyone else during the period of the relatioddp. I request that 
ou review my case and my past duty assimcnts and consider granting my petition for an honorable discharge. 

ht cheated on her spouse in NM and he 

. - - - - - - - -, 

~naddition,~aj!-------- 

:failed to provide r n e - ~ y - m g  and 

:5. 

COMM)ATlON OF ITEM I, SUPfWtWO DOCUMENTS /llapptkaMeI 

love between 

jandmyself.  I 

16. REMARKS (If appticable) 
I come h m  a distinguished family of Air Force officers.  My father is a retired Maj with prior service that served 20 years in the 
USAF. My father w i v e d  his commission through OTS. I have two brothers.  My father is now assigned to AFOTEC at Kirtland 
AFB, NM, as a GS-13.  My oldest brother is a USAFA graduate Class of 1995 and is now a Maj. He is cumntly assigned at 
AFOTEC at Kirtland AFB, NM. I attended IJNM and received my co-ssion 
a USAFA graduate Class of 2002 and will pin on Capt on 25 May 06.  He is s t a t i d  at Lackland AFB, TX awaiting PCS orders. 
My dtd was a fonner 335 officer and we all became 335 offiwxs too. My maternal pdfbther served in the Philippines Army.  I 
have two uncles on my father's side who w e d  in thc US Army, one as an officer and the other enlisted.  I have uncles on my 
mother's side that that m e d  in the US Navy and another that entered the USAF as a nurse and is ummtly assigned at Nellis AFB, 
NV, -1 made gn attempt to separate in Nov 04 uader forceshaping after my tint Article 15 and USAP denied my request in Feb 05. 
&$  - - - - - - - m 
:also promised that he would swap with with another 
33s on base. That never happened. 

--------- 
:bad promised that m y  package would be approved.  Majl- - - - - - - -, 

through AFROTC in 1998. My youngest brother is 

I h o w  wbat I did was wrong d I know I'll  never be able to re-gain my commission. I committed an immoral crime and I 
accepted nonjudicd punishments for both acts.  I do not filly understand why my separation request was denied.  I've  been treated 
like a criminal on Vandenberg AFB and was even denied a fmal sepamtim physical.  I cited that I was depressed and the doctor did 
not wish to hear me out Becaw of the charactffization a d  loss of my security clearance, my chances of receiving a f-l 
job 
a significantly d6creased. In addition, I've also lost my rights to GI Bill entitlements. This puaishment is a reflection of p o t  
moral judgemeut, not because of lack of duty performance or stealing or killing or selling ?finf?rmation.  I don't believe tbat my 
punishment fits the crime.  I believe tbi discharge is based on the persod dislilcc Maj  - - - - - - - - :bad of me and his mission to weed 
out pusomel that did not meet his standards.  I don't believe the punishment fits the crime and petition for an honorable discharge. 

MAIL COMPLETED APPUCATlONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army M e w  Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis,  MO  63132-6200 
(See http:llarbs.wmy.pentagonnmil) 

AIR FORCE 

Aii Force Review Boards A~ency 
SAFIMRBR 
660-C Street West,  Suite 40 
Randolph AFE,  TX  781 604742 

NAVY AND MARINE CORPS 

Navd Council of Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRB) 
W a s h i i  Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Colwt Guard 
CommtlndlMlt (G-WPM) 
2100 Second &eet,  S.W.  Room 6600 
Wadrlngton, DC  20593 

I 
DD FORM 293, MAR 2004 

I 

I 
Page 2 of  4 Rgea 

?.- 

D.EPARTMENT O F  T H E  A I R   F O R C E  

HEADQUARTERS EIGHTH AIR  FORCE ( A t e )  
BARKSDALE AIR  FORCE BASE, LOUISIANA 

MEMORANDUM FOR CAPTAIN i 

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

~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

14 
747 Nebraska Ave Ste C-209 
.  Vandenberg AFB CA 93437 

FROM: 8 AF/CC 

245 Davis Ave E Rm 2Q0 
Barksdale AFB LA 71 110-2279 

. 

. 

' 

SUBJECT: Notification of Show Cause Action hitiated Under AFI 36-3206, Chapter 3, 

Paragraph 3.6.4 

.  ' 

1. I am initiating action against you under MI 36-3206, Chapter 3, paragraph 3.6.4, that 
requires you to show cause for retention on active duty. 

2.  I am taking this action because: 

11 September 
wia- 

2003 and between on or about 30 April 2004, wrongfully have sexual intercourse 

a.  You, did, at or near Vandenberg Air Force Base, California, between on or about 
-------------------. 
.--------------------- 
i,  a married woman not yolir wife; 
b.  You did, at or near Vandenberg Air Force Base, California, between on or about 

1 1 Sptcmb~2003 - q d  on or about 13 September 2004, engage in an unprofessional relationship 
' the dependent spouse of an active-duty noncommissioned officer who 
with i ....................  5 
was also assigned to Vandenberg Air Force Base, as follows:  First, you committed adultery with 
Ms, ; - - - - - - - - - - 
,. . -. -. . -. . 
your commander then gave you an order not to have any further contact with Ms. 
-. -. -. . -. .a 
;--------+ which order you immediately disobeyed by continuing to make contact 
..-..-.-..- 
with Ms: 
1..  . -. . -. 6 resulting in her pregnancy; also, during your relationship with Ms.;. . . -. . -. . -j you 
wrongfully communicated to her details regarding oEcial personnel matters involving other Air 
Force personnel, including subordinate enlisted personnel assigned ts your unit and under your 
personal supervision and leadership, information 
which you had a duty not to disclose to anyone 
except for official purposes; finally, after Ms. l . -. . . . -. .I  and her family moved to Kadena Air 
, - - - - and 
Base, ~apan, she told you that she wanted no further contact with you 
you another written order pot to have any M e r  contact with Ms. ; - - - - - - - - - 
disobeyed by repeatedly contacting Ms.; - - - - - - - - - :via email, text messages, and telephone calls; 
the entirety of which conduct was disgraceful and conduct unbecoming an officer; 

- - - - - your commander gave 

, j which order you 

.---------- 

----------. 

c.  You, having knowledge of a l M l  order issued by Major! 

--.-....-......-.-.. 
. -. .- . . -. -. . . . -. -. . . - -9 
I 
Vandenberg AirForce Base, California, between on or about 9 December 
13 September 2004, fail to obeythe same by wrongfully contactingi -.-. .. .-.-. .. .-.-. .. .!; 

: an order which it was your duty to obey, did on @vers occasions at. or near 
2003 to onor about 

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

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

not to contact 

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

d.  You, having knowledge of a lawful order issued by MajoI; ,--------------------- 

5  to wit:  not 
---------------- 
to have any contact with Staff Sergeant: - - - - - - - - - - - - - - -, 
:ox my other member of his family, dated 
' 22 July 2004,  an order which it was your duty to obey, did, within the states of ~ a l i f o d a  and 
: -. -. . . . -. -. - 
Texas, on divers occasions between on or about 26 February 2005 and 
2005, fdl to obey the same by wrongfully contacting Staff Sergeant: - - - - - - - - - - - - 
..-....-.- 
3:.  . . -. -. . . . -: 
I;  and 

- .  2 March 

- - - - about 

, - - - on 

- - - - or 

L.-..-.-.. 

e.  You did, at or near El Paso, Texas, on or about 2 March 2005, unlawfully grab!-----------! 
-....-.-.... 

: around the waist and force her on to a bed, move her up against a wall and kiss her 

, - - - - - - - - - . 
L - - - - - - - - -1 
mouth and face, then force her back on to the bed, place your body on top of hers, ahd hold her 
arms over her head with your hands. 

Tbe least favorable character of discharge that the Secretary of the Air Force may approve in this 
case is under other than honorable conditions.  Attached is a copy of documentary evidence 
supporting this action. 

3.  Sign and date the attached indorsement acknowledging receipt of this notification 
memorandum.  A copy of tbe notification memorandm will be provided to you.  If you decline 
to achowledge receiving this notification memorandum, the officer presenting it to you will 
indicate on it the date and time that you declined to acknowledge receiving it and it wilI be 
included as a part of your case file. 

-.-.-....-.-....-.-, 

4.  Familiarize yourself with AFI 36-3206, particularly the rights that you have.  If you do not 
apply for retirement or request a resignation in lieu of further administrative action, a board of 
inquiry (BOI) will convene as provided in Chapter 7.  Contact the Area Defense Counsel, 
Captain! ..-.-....-....-.-.. 
- - - - - options. 
3627, to discuss the procedures involved and your rights 
contact the Chief, Military Personnel Flight, Captaiq -.-....-.-....-. 
about your rights and options. 

I 8500 Iceland Avenue, Vandenberg AFB, California, 93437, DSN 276- 

If you decline counsel, 
; at 606-7499 for counseling 

, - - - - - and 

-  - - - , 

5.  If you elect to present matters to a BOI, the standard of proof used by the board to make 
findings is a preponderance of evidence. You may present evidence and argument to rebut the 
reasons set forth in this notification memorandum or any additional reason or information 
developed during the BOI proceedings.  You also may present other pertinent evidence. 

6.  Within 10 calendar days afker you receive this notification memorandum, you must respond by 
indorsement to me.  If I do not receive the indorsement within the allotted time, I will proceed 
with further action under AFI 36-3206.  Include in your indorsement: 

a.  Any statement you wish to submit on your own behalf and/or any additional evidence that 
you wish me to consider.  If you are unable to submit your statements or documentary evidence 

within 10 calendar days after receiving this notification memorandum, you may request more 
t h e  as allowed under AFI 36-3206.  Submit your request for additional time to me.  If you do 
not submit statements or evidence, your failure will constitute a waiver of your rights to do so 
and I will refer your case to tbe BOI. 

b.  A statement that Capt [---------- 
and options in this action.  If&idiclined 
counseled you and that you fully understand your rights and options in this action. 

? counseled you and that you fully understand your rights 

counsel, so state and indicate that Capt --------! 

L....-..l 

c.  A statement that you understand the following regarding recoupment of education 

assistance, special pay, or bonuses received if you haven't  completed the period of active duty 
you agreed to serve: 

,(I) Recoupmeat of a portion of education assistance, special pay, or bonus monies 

received if you voluntarily separate. 

(2)  Recouprnent of a portion of education assistance received if involuntary discharge is 

for misconduct. 

(3)  Recoupment of a portion of special pay or bonus monies received regardless of the 

basis for involuntary discharge. 

(4) The recoupment in all cases is an amount that bears the same ratio to the total amount 
or cost provided to you as the unserved portion of active duty bears to the total period of active 
duty that you agreed to serve.  If you dispute that you are indebted for educational assismce, the 
BOI, or, if you do not choose or are not entitled to a BOI, an authority appointed by ACCICC, 
will make fmdings and recommendations concerning the validity of your indebtedness. 

d.  A statement notifjkg me whether you intend to apply for retirement or tender your 

resignation.  If you have applied for retirement or tendered your resignation, attach a copy of the 
retirement application or the resignation. 

e.  A statement that the Area Defense Counsel or the Chiec ~ilitary~ersonnel Flight, 
explained separation pay to you and that you understand the eligibility criteria to receive 
separation pay.' 

f.  Any other pertinent information. 

7.  In response to this notification memorandum, you may, within 10 calendar days, tender you 
resignation under MI 36-3207, Chapter 2, Section B, with the understanding that, if the 
Secretary of the Air Force accepts your resignation, you may receive an under other than 
honorable conditions discharge unless the Secretary of the Air Force determines that you should 
receive a discharge under honorable conditions (general) or an honorable discharge.  If the 
Secretary of the Air Force accepts your resignation, your discharge date will be as soon as 
possible but no later than 10 calenh days after the date that the MPF receives separation 
instructions. 

8.  I have taken action under MI 3 1-501.  A copy of the action taken is attached. 

9.  You may request excess leave if the Air Force does not require your further participation in 
processing your case. 

L........-.-.-.-...-------------------' 

Lieutenant General, USAF 
Commander 

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

11 Attachments: 
1.  AF Form 3070,14 Jun 05 
2. AP Form 3070,27 Sep 04 
3.  SSO ALA Permission to Proceed, 24 Jun 05 
4.  Written Statement of Mr.: 
!2 Mar 05 
; 3 Sep 04 
5.  Written Statement of Mq 
3  31 Aug 04 
6.  Written Statement of Mri 
7.  Written Statement of Mrsl-. . . -. . . . . i 12 Aug 04 
a 22 Jul04 
8.  No Contact Order from Maj i 
i L . . . . . . -. - .) '  14 S e p  04 
9.  No Contact Order from ~ a j
10.  AFI 36-3206 
1 1.  AFI 36-3207 

 

MEMORANDUM FOR SHOW-CAUSE AUTHORITY 

I acknowledge receiving Notification of Show-Cause Action Jnitiated Under API 36-3206, 
Chapter 3, paragraph 3.6.4, dated f $  2005, issued by 8 AFICC, with five attachments at 
/ 0 3 0  

h o u r s o n 5 0 b   2005.