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AIR FORCE DISCHARGE REVIEW BOAKI) 1,IEARING RECORD 

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SRA 

PERSONAL APPEARANCE 

NAME OF COIINSEI.  AND OR ORGANIZATION 

X 

RECORD REVIEW 

ADDRESS AND ORORGANILA I ION O F  COUNSFl 

TYPE  GEN 
CDUNCgEL 
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YES 

X 

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ORDEK APPOIN'I'ING  '1-t-lb: HOAKU 
APPLICATION  FOR  REVIEW OF DISC1 IARCiE 
LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL  FILE 

COUNSEL'S RELEASt 'TO THE BOARD 
ADDITIONAI, EXIIIRITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCI.  111- 

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HEARING DATE 

1  25 Jan 2007 

C A W  NUhlBLK 

I  FD-2006-00228 

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APPLICANT'S ISSUE AKD THE BOARD'S  DECISIONAL l U n O N A L  ARE D1SCZ;SSED OW THE ATTACHED AIR  FORCE DISCHAROE REVIEW BOARD DECISIONAL RATlOh'ALF 

1  Case heard  in  Washington, D.C. 

Advise applicant of the decision of the Board, tlie right to a personal appearance with/without 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. 

1  * Reason & Authority 
1  + Reenlistment  Code 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOI.PH  AFB, TX 781 50-4742 

SECRETARY OF THE All< FORCE PERSONNkI COIINCII 
h l R  FORCE DlSCllARCE  RE\IE\4  BOARD 
1535 COMhlhND DR. EE \?IN(;.  3RD FLOOR 
ANDKEIVS AYB, hlD 20762.7WZ 

L 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NlJMBER 

Fl)-2006-00228 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

The applicant was offered a personal appearance before the Discharge Review Board (IIRR) 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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The Board  finds the applicant  submitted  no  issues contesting the  equity  or propriety  of the discharge, and 
after a thorough review of the record, the Board  was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be con~pleted based on the available service 
record.  He has expressed his desire for upgrade of his discharge to allow for reenlistment  into the armed 
forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated applicant was arrested by the Colorado 
Springs Police Department for stealing items from a sporting goods store.  ITe plead guilty to theft and 
received a deferred judgment  and was ordered to perform 48 hours of useful public service within 6 months 
and to pay restitution within 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 SrA)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Schriever AFB, CO on 14 
Sep 99 UP AFI 36-3208, para- 5.52.3 (Commission of a serious Offense) .  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Dec 73.  Enlmt Age: 19 8/12.  Disch Age: 25 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-72,  G-68,  M-31. PAFSC: 1'2651 -  Space Systems Operator 
Apprentice. 
DAS: Mar 95. 

b.  Prior Sv: (1) AFRes 24 Aug 93 -  27 Mar 94  (7 months 4 days) (Inactive) . 

for 11 months.  Extended 10 Sep 97 for 12 months.  Svd:  4 yrs 4 months 1 days, 
all AMS.  AMN  -  28 Sep 94,  A1C -  28 Jul 95.  SrA -  28 Mar 97,  EPRs:  5,5,5. 

(2) Enlisted as AB 28 Mar 94 for 4 yrs.  Extended 5 Feb 97 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 29 Jul 98 for 4 yrs. Svd: 01 Yrs 01 Mo 16 Das, all 

AMS . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: 19 MAR 99 -  Civil arrest and plead guilty for stealing 

items in excess of $500.00. 

f.  CM:  None, 

g.  Record of SV: 13 Jun 97 -  29 Sep 98  Schriever AFB  4  (Annual) 

h.  Awards &  Decs:  AFAM,  AFLSAR, AFTR, AFGCM, NDSM, HSM, NCOPMER, AFEM, 

JMUA, SWASM W/1 OLC. 

i.  Stmt of Sv:  TMS:  (06) YrS  (00) Mas  (21) DaS 
TAMS: (05) Yrs  (05) Mos  (18) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Jun 06. 

(Change Discharge to Honorable, and Change the RE Code, Reason for 

Discharge) 

Issue 1:  I would  like to join the Colorado Air National Guard and finish my 

career and with the current reentry code of  2B, I cannot  enlist  in the Guard. 

ATCH 
None 

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DEPARTMENT OF .  . THE AIR FORCE- 

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............................................. 
MEMORANDUM FOR SRA: ........................................... ,, 

1 SOPS (AFSPC) 

23 Aug 99 

FROM: 1 SOPSICC 

SUBJECT: Notification Memorandum 

I am recommending your discharge fiom the United States Air Force for commission of a 

1. 
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 will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

I 

2.  My reason for this action is:  On or about 19 Mar 99, you were arttsted by the Colorado 
Springs Police Department for stealing items from the Jumbo Sports Store in excess of 500 
dollars, (atch la).  You plead guilty to Count I (Theft) and received a deferred judgement and 
were ordered to perform 48 hours of useful public service within 6 months and to pay restitution 
within 30 days.  You were ordered not to move out of this county, or leave Colorado even 
temporarily without first obtaining express permission fiom the court, (atch 1 b). 

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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 i e h e d  in the Air Force and, if 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel is available to assist you.  You 
must contact your Area Defense'Counsel immediately.  You may consult civilian counsel at your 
own expense, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays froG the date you receive this 
memorandum of notification unless you request and receive an extension for good cause shown. 
I will send hem to the separation authority. 

If you fail to consult counsel or to submit statements in your own behalf',  your failure will 

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constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the Peterson AFB 
Clinic at 1300 hours on 23 'August 1999 for the examination. 

Golden Legaq, Boundless Future.. . Your Nation 3 Air Force 

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Commander 

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Attachments: 
1.  Supporting Documents 

2.  Acknowledgment 

a  Colorado Springs Offense Report,  19 Apr 99 
b.  Stipulation for Deferred Judgment and Sentence and Cout Otder, 27 Jul99 

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