AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME Olt SERVICE MEMBER (LAST, FIRST MIDDLE INI'I'IAL) 

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'I'YPE  GEN 

PERSONAL APPEAKANCE 

GRADE 

A l e  
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X 

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RECORD REVIEW 

NAME OF COUNSF.1. AND OR ORGANIZATION 

AVllHESS ANI) OH ORGANIZATION OF COIJNSEL 

MEMBER SITTING 

HON 

GEN 

VOTE DP THE DQAKD 

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1 

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DENY 

ISSUES 

A94.05 

1 

lNnES NIIMHRH 

A67.30 

l1EARINC UA'IE 

CASE NUMBER 

1 
2 
3 

ORDER APPOINTING THI1 t3OARL) 
APPLICATION  FOR E V I E W  OF DISCHARGE 
I , L T I   EK  OF NOTIFICATION 
BMEF OF PCRSONNEI. FILE 

PERSONAL APPEAKANCF. 

08 Feb 2007 
APPl  ICAKT'S ISSLE AND THE BOARD'S  DECISION4L RATIONAL ARE D1SCI:SSED  ON THE ATTACHED AIR FORCE DISCHARGE REVIEW B O W  DECISIONAI. RATIOKALE 

FD-2006-00231 

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I 

I 

1  Case heard in Washington,  D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwitl~out 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. 

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TO: 

L 

SAFIMRBR 
550 C STREET WEST. SIJITE 40 
RANnOl.PI( AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

IXDORSEMENT 

FROM. 

DATE:  2/12/2007 

SECRETARY  OF THE AIR  FORCE PKHSONNEL  COUNCIL 
AIR  FORCE DISCIIARCE REVIEW BOARD 
1535 COMMAND DR, EE WING, JRD FLOOR 
ANDREWS AFO, MD 20162-1002 

I 

(EF-V2) 

Previous cdition will be used 

"A 

AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00231 

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 thc applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade o l  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 justilj, a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident in 
138 months of service.  The records indicated the applicant received a Special Court Martial for n~isconduct. 
Applicant was found guilty of unlawfully obtaining and observing a highlighted Promotion Fitness 
Examination (PFE) study booklet reflecting actual test matcrial and theft of a PFE.  He was sentcnced to 
confinement for 45 days, forfeiture of $100.00 pay for six months, and reduction in grade to Airman First 
Class.  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 collcludes that the dischargc 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 A1C)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McChord AFB, WA on 30 
Sep 94 UP AFR 39-10, para 5-49c (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 5 Jun 61.  Enlmt Age: 21 2/12.  Disch Age: 33 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-90,  G-99,  M-78. PAFSC: X1T251 - Aircrew Pararescue 
Journeyman. DAS :  2 6 Feb 93 . 

b.  Prior Sv: (1) AFRes 1 Sep 82 -  30 Mar 83  (7 months 0 days) (Inactive). 

(2) Enlisted as A1C 31 Mar 83 for 4 yrs.  Extended 3 Jul 84 
for 4 months.  Reenlisted as SrA 31 Mar 86 for 6 yrs.  Extended 18 Jul 90 for 4 
months.  Svd: 9 Yrs 8 Mos 3 Days, all AMS,  SrA -  31 Jul 85.  SSgt -  1 Sep 92. 
APRs: 9,9,9,9,9,9. EPRs: 4 , 3 , 5 .  

ART 15: (1) 7 Jun 88, Elmendorf AFB, AK -  Article 111.  You did, on 

or about 19 May 88, on Second and Lemmon Streets, operate 
a vehicle, to wit: a pickup truck 1983 Chevrolet, while 
drunk.  Forfeiture of $250.00 pay for one month.  (No 
appeal) (No mitigation) 

3.  SERVICE UNDER REVIEW: 

a,  Reenlisted as SSgt 4 Dec 92 for 6 yrs. Svd: 01 Yrs 09 Mo 27 Das, of 

which AMS  is 01 Yrs 08 Months 20 Days  (excludes 1 month 7 days lost time). 

b.  Grade Status:  A1C -  24 Jun 94 (SPCMO#12, 24 Jun 94). 

c.  Time Lost:  25 May 94 thru 30 Jun 94 (1 month 7 days). 

d.  Art15's:  None. 

e.  Additional: None. 
f.  CM:  Special Court Martial Order No.12 -  24 Jun 94 

CHARGE I:  Article 92.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Kadena AB, Japan, on or about 2 
Feb 94, violate a lawful general regulation, to wit: paragraph 
22c, AFR 30-17, dated 11 Apr 91, by wrongfully and unlawfully 
obtaining and observing a highlighted Promotion Fitness 
Examination study booklet reflecting actual test material.  Plea: 

Guilty.  Finding:  Guilty. 

CHARGE 11:  Article 121.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Kadena AB, Japan, on or about 2 
Feb 94, steal a Promotion Fitness Examination sksix-b?-qk;-?k,, of a 
value less than $100.00, the property of SSgt 
Plea:  Guilty.  Finding:  Guilty.  Sentence adjudged on 25 May 94: 
Confinement for 45 days, forfeiture of $100.00 pay per month for 
six months and reduction to E-3. 

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

.. 

g.  Record of SV: 4 Dec 91 -  3 Dec 92  Kirtland AFB  4  (Annual) 
4  (Annual) 

4 Dec 92 -  3 Dec 93  Kadena AB 

h.  Awards &  Decs:  AFCM W/2 OLCS, AFAM W/3 OLCS, AFGCM W/2 OLCS, NCOPMER 

W/1 OLC, CRM W/1 OLC, SAEMR, NDSM, AFOSLTR W/2 OLCS, AFTR, AFLSAR W/L OLC, AFOUA 
W/L OLC. 

i.  Stmt of Sv:  TMS: (11) Yrs  (11) Mos  (23) Das 
TAMS: (11) Yrs  (04) Mos  (24) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 12 Jun 06. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 138 months of exemplary service.  With no other adverse action 
(sic).  I would also request reinstatement of rank to SSgt/E-5. 

ATCH 
None. 

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JAPAN 

:  320 ST9  (AFSOC) , KADEMA AB, 
JP 

FROM!  320 STS/CC 

Unit 5248 
APO AP  86368-5248 

SUBJECT:  Motiiioation Lettes-Board  Heacing 

1.  I  am recommanding  y o u ~  diacharge  fsom the  United State8  Air Force for 
Commiaeion  of  a Serious Offense under the provirions of AFR  39-10,  pasagraph 
5-4Oc.  Copies of the  document^ to be  forwasded to the eeparation authority  to 
euppart thie recommendation are attached. 

2.  b!y 
reasons for this  action ape:  On os  about 2 Feb  84,  you violated a 
lawful general regulation by  mon&iully  and unlawfully obtaining and  obeerving 
a  highlighted Promotion Fitneas  Examination  etudy booklet  reflecting actual 
teat  matefial,  Additionally,  on or about 2 Ftb 84,  you stole that mernbcr'e 
Promotion Fitnesa Examination etudy booklet.  As a result,  you were convicted 
on 
by 
Court-Martial 
conaiated  of 
confinement  for  45  days, 
forfeituse  of  L100.00  pay  pec  month  for six 
montha and reduction to A1C  (Tab 1-1). 

Q4.  Punishment 

Special 

25  May 

3.  This  action  could result  in your  eeparation with  an undes  other than 
honorable  conditions  dirrcharge.  I  am  recommending  that  your  service be 
chasacterized  a8 genesal.  The  commander exercising  SPCM jurisdiction  os a 
higher  authority will  make  the  final decision  in this  matter.  If  you ase 
discharged, you will be  ineligible  for reenlietment  in the Ais Force. 

4 .   You have the sight to! 

a.  Consult  legal counsel. 

b.  Psesent youp caee to an administrative dischasge board. 

c  Be ~epreaented by  legal couneel at a board  heaping. 

d.  Submit  statements in your own  behalf  in  addition to,  OF  in lieu o f ,  

the boabd hearing. 

e.  Waive  the above sights.  YOU muet  consult  legal counsel before making 

a dacieion to waive any  of your rights. 

5.  You  have p~eviourly been echeduled  for a  medical  examination  on  17 Apr  84 
at  the Phynical Examinations Section, 18th Medical Qsoup,  Kadena AB,  Japan. 

I V ~ U L V ,  \030 

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-----  : 

Military  legal counsel  C ~ r n  : 

. 
haa  been obtained to aseist 
you.  An  appointment  bar bacn  ecbedulad  fos  you  to conault  (hidhar)  on 
at  tho  Area befenee Couneel  at ~uilding 1460.  Instead of  the 
appointed counael,  you may have another,  i f   the lawyep you mequest  ie in the 
active military service and  ie reasonably available aa  determined  according to 
AFB  111-1.  In addition  to military  couneel, 
you have the  right  to employ 
civilian  counsel.  The  Air  Farce  does not  pay  expenees  incident  to the 
employment  of  oivilian counsel.  Civilian  counael, 
if employed,  muet  be 
readily available. 

7.  Coniep  with  your couneal  and  reply, 
within  7 wopkdays, 
epecifying  the bights you choose to exe~cise. The statement muet  be  eigned  in 
the  presence of youp couneel who  ale0  will sign  it.  If you waive your ~ i g h t  
to a hearing before an administrative diecharge board,  you may  submit written 
statements  in your own  behalf.  I will  send the  statementg to the discha~ge 
authority  with the case  file to be  coneidered with  thir recommendation.  If 
you fail to seepond, your failure will  constitute a waiver of  the ~ i g h t  to the 
boapd  heaping. 

in writing, 

8.  Any  pereonal  information you furnish in rebuttal ie covered by  the Privacy 
Act Statement as explained  in AFR  39-10, Attachment  2.  A  copy of  AFR  39-10 is 
available for your uae in the orderly room. 

8.  Execute  the  attached  acknowledgmflt  and  retulrn it  to me  immediately. 

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'4 

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Commande~, 320th Special Tactice Squadron 

Attaahmentr: 
1.  24 Jun B4, Special Cou~t-Martial 
O s d e ~ ;  23 Feb 84, V e ~ b a l  Counseling 
2.  Airmen 'a  Acknowledgment 
3.  EPBe/APBrr