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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

TYPE  GEN 

CCIUNSEL 

YES 

No 

X 

PERSONAL APPEARANCE 

AB 
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X 

L..-..-..-..-.-!. 

RECORD REVIEW 

NAME O F  COUNSEL AND OH ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSOL 

MEMBER SITTING 

VOTE OF THE BOARD 

-. 

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ISSIJES 

A93.01 
A94.05 

I  INDEX NUMBER 
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A67.10 

HEARING DArK 

CASE NUMBER 

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EXHIBIT8 SUBMITTED TO THE BOARD 

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(  1  I  0RI)F.R  AI'I'OINTWG  THC BOARD 
2  1  APP1,ICATION FOR  REVIEW OF IIISCHARGE 
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I.E.I"I'EK OF NOTIFIC,ATION 
I  BRIEF 0 1 :   PIIRSONNEI.  FILE 

COUNSI;I.  ' S  Rt-.I.P.ASE TO THE BOARD 
AIIIII  IIONAL EXHIBITS SCrnMII"I F.1)  A l  'I  IME OF 
PERSONAL APPRARANCE 

T.APE RECORDING 01:  l'F.RSONAL  APPEARANCL  I  I I <  

APPUCAhT S ISSUE AND ME  BOARD'S DECISIU\.U  MI IONAI  ARE DISCUSSED ON THE ATTACHED AIR  tOKCt UISCHAROF RFVIFW BOARD DECISIONAL RATIOIUALt 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witI~/without 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. 

*  Reason and Authority 
+  Reenlistmelit Code 

1'0. 

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SAFIMRBR 
550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF THE AIR  I'ORCE  PERSONNEL COIJNCIL 
AIR  FORCE DlSCllARGE REVIEW BOARD 
1434 COMMAND DR, EE WING, 3RD FLOOR 
ANDREW3 AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00233 

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 (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors lcading to the discharge. 

FINDINGS:  Upgrade of discharge, change of reason and authority for discharge, and change of 
reenlistment code are 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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He admits that he made bad decisions and wished he had exercised better judgment.  He has expressed a 
desire to upgrade his discharge to allow for reenlistment into the armed forces.  'I'he  records indicated the 
applicant received two Articles 15, a Vacation, two Letters of Reprimand, two Letters of Counseling, a 
Letter of Admonishment, and two Records of Individual Counseling for misconduct.  Applicai~t received his 
first Article  15 for failing to escort visitors at all times while on Beale Air Force Base.  He was punished 
with a suspended reduction in grade to Airman, forfeiture of pay, and a reprimand.  The Vacation action for 
failure to go to appointed place of duty resulted in a forfeiture of pay.  The second Article  15 was for failure 
to properly insure his vehicle; making a false official statement; and altering an insurance card.  He was 
puilished with a reduction  in grade to Airman Basic and a reprimand.  Applicant had other misconduct in 
which he was administratively disciplined for dereliction of duty, safety violation, making a false statement, 
having an unescorted  female in his dorm room, and disobeying a direct order.  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 signiiicant 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 coilsistent with the 
procedural and substantive requirements of the discharge regulation and was within the discrction of the 
discharge authority and that thc 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 AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Beale AFB, CA on 14 Dec 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code and Reason for Disch. 

2.  BACKGROUND: 

a. DOB: 29 Sep 83. Enlmt Age: 18 10/12.  Disch Age: 22 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-72,  G-70,  M-52. PAFSC: 2W051 - Munitions Systems 
Journeyman.  DAS: 4 Jan 04. 

b.  Prior Sv: (1) AFRes 13 Aug 02 -  01 Sep 03 (1 Yr 00 Mos 19 

Days) ( Inactive) . 
3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 Sep 03 for 6 years. Svd: 02 Yrs 03 Mo 13 Das, all AMS. 
b.  Grade Status:  AB  -  01 Nov 05 
A1C -  17 OCt 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 1 Nov 05 -  Beale AFB,CA -  Article 92.  You, who knew of 
your duties, from on or about 1 Jan 05 to on or about 3 
Oct 05, were derelict in the performance of those duties 
in that you willfully failed to properly insure your 
privately owned vehicle as it was your duty to do. 
Article 107.  You did, on-?-T--+-bog-<--3--m&--1)51 with intent 
to deceive, make to TSgt 1 -----=------------------------:  an official 
statement to wit:  "I had insurance on the day of the 
car accident," which statement was totally false, and 
was then known by you to be so false.  Article 123.  You 
did, on or about 3 Oct 05, with intent to defraud, 
falsely alter a certain insurance card in the following 
words and figures, to wit: changing the policy period 
dates, by inserting 3 Apr 05 to 3 Oct 05, which said 
insurance card would, if genuine, apparently operate to 
legal harm of another.  Reduction to AB and Reprimand. 
(No appeal)  (No mitigation) 

( 2 )   17 Oct 05,  Vacation, Beale AFB, CA -  Article 86.  You 
did, on or about 17 Aug 05, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: building 1086.  Forfeiture of $250.00 pay. 
(No appeal) (No mitigation) 

(3) 2 Jun 05, Beale AFB, CA -  Article 92.  You, who knew or 
should have known of your duties, on or about 13 May 05, 
were derelict in the performance of those duties in that 
you negligently failed to escort your visitors at all 
times while on Beale AFB, as it was your duty to do. 
Suspended reduction to A m .   Forfeiture of $250.00 pay 
per month for 2 months  (forfeitures in excess of 1 month 
is suspended).  Reprimand.  (No appeal)  (No mitigation) 

e.  Additional: LOCI 9 SEP 05 -  Dereliction of duty. 
LOA, 30 JON 05 - Dereliction of duty and safety violation. 
LOC, 6 JUN 05 -  Dereliction of duty. 
LOR, 25 FEB 05 -  Had unescorted female in his dorm room. 
LOR, 13 OCT 04 - Disobeyed a direct order. 
RIC, 03 AUG 04 -  Making a false statement. 
RIC, 13 MAY 04 - Traffic Violation. 
DD 1408, 23  MAR 04 - Nonfunctional odometer on POV, 
DD 1408, 28 FEB 04 -  Mutilated Drivers License. 

f.  CM:  None. 
g.  Record of SV: 02 Sep 03 -  02 May 05  Beale AFB  3  (Initial) 
h.  Awards &  Decs:  GWOTSM, NDSM, AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (03) Yrs  (04) Mos  (02) Das 
TAMS: (02) Yrs  (03) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 5 Jun 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues, 
2.  Ten Character References. 
3.  Notification Memorandum. 

Page 1 of 2 

Sir/ Ma'am, 

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

My  name  is 1 .-.-.-......-.-.-,------------- 

I  was  rec~ntly discharged  from  the 
United  States  Air  Force.  I  am  writing  this  letter  to  petition  the  change  of  my  Re- 
enlistment code. I would like to explain my circumstances that led to my discharge. 
During my enlistment, I received 2 Article 15's and various additional paperwork. 

The first Article 15 was issued after an incident involving improperly escorting 
visitors on base. I had driven my brother in law who is a military dependant and 3 of his 
friends on base, I had made arrangements with my mother in law to pick up the children 
the following day after her shift. I did not forecast this to be an  issue as she worked on 
base and it was her son. During this time my wife and I had left for a baseball game that 
was out of the area. There was an incident during that same time where the children were 
reported to have been  seen smoking cigarettes. These charges were never  substantiated 
and  were dropped. The Article  15 was  issued because I was off post when the children 
got into trouble, First  let me  say, I understand that because they  were brought on  base 
under my responsibility. I assumed that it was not an issue because I was simply trying to 
help out my mother in law and needless to  say did not expect things to happen as they 
did. 

The 2"* Article 15 was issued for failure to maintain insurance on my automobile. 

This  was  brought  about  by  a  minor  traffic  accident  between  myself  and  another  co 
worker.  It  was  agreed  upon  by  both  parties  to  keep  everything in  house  and  without 
police involvement.  My supervisor at the time asked me if I had insurance and for some 
ridiculous reason I told  him  that  I did  when  I  in truth  did not, He  later told me  that  I 
needed to bring my proof  of insurance to his house after duty hours. I found the request 
odd  but  complied  with  it  anyways.  When  I  arrived  I  had  a  insurance card  that  I  had 
changed the dates on. I admit that it was a dumb move on my part and I could not even 
begin  to  explain what  was running through my mind at the time.  At the time my  wife 
was in her third trimester of her pregnancy and I was concerned that if I did not provide 
some  sort  of  documentation  that  I  would  be  discharged,  leaving  my  family  without 
medical benefits. As it turned out, that was exactly what happened. My family has had to 
struggle with the consequences of my actions since then. 

I regret making the decisions that I did and wish that I had excised better judgment 
and  been  able  to  continue  providing  a  stable  life  and  environment for  my  wife  and 
daughter. I am requesting that my re enlistment code be upgraded  so that I can enlist in 
the reserves and continue to serve my country and provide for my family. I know that if 
afforded  the  oppokunity  I  will  strive  to  exemplify  the  core  values  and  expectations 
required  of  all  Air  Force  personnel.  I  understand  what  is  required  and  am  willing  to 
dedicate  myself  completely  to  the  Air  Force  mission.  Please  give  me  a  second 
opportunity to serve and defend this great country and prove myself to  be a responsible, 
dependable Airman who  has the strongest desire to serve and support the United  States 
Air Force and my family. Thank you for your time and consideration. 

Page 2 of 2 

DEPARTMENT OF THE AIR FORCE 

9TH MUNITIONS SQUADRON 
BEALE AFB CALIFORNIA 95903 

NOV  2  1 2005 

FROM:  9 MUNS/CC 

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: 

a.  On 1 Nov 05, you received a Record of Nonjudicial Punishment for the following 
misconduct: 

i.  You were derelict in the performance of your duties by failing to properly insure your 

vehicle. 

- - - - - - - - - , 

ii.  You made a false official statement to TSgti --------, 

:that you had insurance on the day of 

your car accident. 

iii.  You altered your insurance card changing the policy period. 

b.  On 9 Sep 05, you were derelict in the performance of your duties by leaving your assigned 
post.  For this misconduct you received a Letter of Counseling dated 9 Sep 05. 

c.  On 21 and 22 Jun 05, your were derelict in the performance of your duties by failing to check 
a vehicle properly.  For this misconduct you received a Letter of Admonishment dated 
30 Jun 05. 

d.  On 6 Sun 05, you failed to go to your appointed place of duty at the time prescribed.  For this 
misconduct you received a Letter of Counseling dated 6 Jun 05. 

e.  On  13 May 0.5, you were derelict in the performance of your duties by failing to escort your 
visitors.  For this misconduct you received a Record on Nonjudicial Punishment dated 2 Jun 05. 

f.  On 7 Feb 05, you were derelict in the performance of your duties by failing to escort you 
visitors.  For this misconduct you received a Letter of Reprimand dated 25 Feb 05. 

g.  On 5 Oct 04, you failed to obey an order given to you by MSgt Rector to clean your off base 
quarters.  For this misconduct you received a Letter of Reprimand dated 13 Oct 04. 

a 

h.  ,On 2 Aug 04, you made a false official statement to ~ ~ g t i  
was not over until 1600, which was false.  For this misconduct you received a Record of 
individual- Counseling dated 3 Aug 04. 

ithat block training 

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

i.  On 7 May 04, you were involved in a traffic accident.  You had an expired registration and a 
license plate that did not belong to your vehicle.  For this misconduct you received a Record of 
Individual Counseling dated 13 May 04. 

j.  On 13 Mar 04, you received an Armed Forces Traffic Ticket for a nonfunctional odometer 
while operating a vehicle. 

k.  On 28 Feb 04, you received an Armed Forces Traffic Ticket for a mutilated drivers license. 

3.  You have the right to consult counsel.  Military legal counsel h  been obtained to assist you:  I 
have made an appointment for you to consult Capt: - . - . . . . - . - . . -I : o n 8 1 n 0 0 0 ~ a t   f(0,00 
hours.  You may consult civilian counsel at your own expense. 

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

4.  You have the right to submit statements in you 
separation authority to consider must reach me by 
extension for good cause shown.  I will send them to the separation authority. 

alf.  Any statements you, want the 
) m u n l e s s  you request and receive an 

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 report to fll&d /Ylg&;& 
on J,lA./d  J OK , at 
7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use at the commander's support staff. 

hours for the examination, 

, 

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

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum