AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

A1C 

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

'YpE  GEN 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

,dn 

YES 

No 

I 

1SSI ES 

A94.05 

INDFY NI MRFR 

A 6 7 . 1 0  

I  "  "  EXHIBRS 

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SUBMITTED TO THE BOARD 

1 
2 
3 
4 

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ORDER AI'POINTING THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 

PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAI, APPEARANCE HE 

HEARING DATE 

27 Mar 2007 

CASE NUMBER 

FD-2006-00234 

Case heard in Washington, D.C. 

I 

Advise applicant of the decision of the Board 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 

-.  ..  . 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW ROARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB. ~ ~ 2 0 1 6 2 - 1 ~ 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLlhlBER 

FD-2006-00234 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 27 Mar 2007.  No witnesses testified on the applicant's behalf. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5:  Two character letters 
Exhibit #6:  Letter of Appreciation and Patch from 2Lt :-------_----- 
Exhibit #7:  Certificate - Participation in Columbus AFB DEFY Program 

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i 

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 contends his discharge was inequitable because his characterization was too harsh.  The records 
indicated the applicant received two nonjudicial punishments under Article  15, UCMJ:  (1) dereliction of 
duty by sleeping on post as a security forces member; by falling asleep while operating a patrol vehicle 
causing damage to a government vehicle and damage to an aircraft, false official statement; and (2)  assault 
and battery of his active duty spouse, damage to his government housing, and failure to go to his place of 
duty), two Letters of Reprimand (one for dereliction of duty and lying, and another for driving his car 
without insurance and causing a domestic disturbance), a Letter of Counseling (for financial 
irresponsibility), had an unfavorable information file opened for his misconduct and was placed on the 
control roster prior to his discharge.  The DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's 
misconduct during his brief enlistment outweighed any positive contributions he made while serving on 
active duty.  The characterization  of thc 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 AlC)  (HGH SRA) 

L..-..-..-..-..-..-------------: 
1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Columbus AFB, MS on 14 
Oct 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Apr 82.  Enlmt Age: 20 1/12.  Disch Age: 23 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-39,  E-24,  G-44,  M-39. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 4 Oct 04. 

b.  Prior Sv: (1) AFRes 4 Jun 02 -  9 Dec 02 (6 months 6 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  10 Dec 02 for 6 yrs. Svd: 02 Yrs 10 Mo 05 Das, all AMS. 

b.  Grade Status:  A1C -  29 Sep 05  (Article 15, 29 Sep 05) 

SrA -  24 May 05 
A1C -  24 Jan 03 

c.  Time Lost:  None. 
.  Art 15's:  (1) 29 Sep 05, Columbus AFB, MS -  Article 128.  You, did, 
: by 

-..-..-..-..-....-..-..-..- 
on or about 15 SeP 05, assault A1C I .......................... 
placing your hands upon her neck, grabbing her arms, and 
shaking her.  Article 108.  You, did, on or about 15 Sep 
05, without authority, through neglect, damage by 
slamming doors and throwing items against the wall, 
building 7297B Dover Drive, military property of the 
United States.  Article 86.  You, did, on or about 19 
Sep 05, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: the 
Fitness and Sports Center, building 704, Columbus AFB, 
MS.  Reduction to AlC, 14 days extra duty, and a 
reprimand. (No appeal)  (No mitigation) 

(2) 25 Jul 03, Columbus AFB, MS -  Article 92.  You, who 

knew of your duties, on or about 13 Jul 03, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from sleeping on duty, as it 
was your duty to do, by falling asleep while operating 
your patrol vehicle and causing said patrol vehicle to 
strike a parked T-1 aircraft on the flightline, causing 
damage to the aircraft and your patrol vehicle.  Article 
107.  You, did, on or about 13 Jul 03, with intent to 

.-------------------------------- 
'  an official 
...-..-..-..-..-..-------------- 

: I  

deceive, make to SSgt: 
statement, to wit: that you did not strike a parked 
aircraft with your patrol vehicle and that you did not 
know how your patrol vehicle sustained damage, which 
statement was totally false in that you struck a parked 
T-1 aircraft on the flightline, damaging the aircraft 
and your patrol vehicle, and was then known by  you  t o  be 
so false.  Suspended reduction to A m .   Suspended 
forfeiture of $645.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF/CR, 14 JUL 05 - Dereliction of duty and lying. 

LOCI 11 J A N   05 -  Financial irresponsibility. 
LOR, 11 JAN  05 - Driving a POV without insurance, and 

creating a domestic disturbance. 

f.  CM:  None. 

g.  Record of SV: 10 Dec 02 -  10 Aug 04  Columbus AFB  3  (Initial) 

11 Aug 04 -  10 Aug 05  Columbus AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, GWOTSM, NDSM, AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (11) Das 
TAMS: (02) Yrs  (10) Mos  (05) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Jun 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214  (Member 4 &  1) . 
3. Three Letters of Appreciation. 
4. Two Enlisted Performance Reports. 

"mn 1 7  m 

: To apply for a change in the characterlzation or reason for military discharge issued to an individual. 

9.  TYPE OF RNIEW REQUESTED  (X one) 
q,  I CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL F I E  AND ANY ADDITIONAL DOCUMENTATION 
(  SUBMlfTEP BY ME,  I AND/OR  Iwuns.Vrspresantatlvel WILL NOT APPEAR BEFORE THE  BOARD. 
1 I AND/OR I c o u n s ~ m s e n n r h r a l  WISH TO APPEAR AT A HEARING AT  NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.M~OWUTAN AREA. 
I ANOIOR IcounseUrapmsentsr/ve) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELINQ PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does nor hew a traveling panel./ 
tenter clly and state/ 

I 

ADDRESS  I b.  TELEPHONe NUMBER (Include Arne Codel 

/NO 

(See Item 10 of th*  instructions #bout counseUrepnsenteth.1 

C.  E-MAIL 

d,  FAX NUMBER (hclude Area  Code1 

11.  APPLICANT MUST SIGN IN ITEM 13.a. BELOW.  If the record In question Ir that of a dwnased or inaompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY  THE APPLICATION. 
the name fptintl  - 
SPOUSE 

NEXT OF KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAlLlNO ADDRESS OF APPLICANT  OR  PERSON ABOVE 

If the application 1s signed b y  other than the applicant,  indicate 

. . 

and relationship b y  marking a box below. 
LEGAL REPRESENTATIVE 

. T E W W Q C J E W U ~ ~ B E B J ~ B  Arm- 

.......-.-.-..... h . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
(Forward notfketion of my  change in address.1 

I 

I 

13.  CERTIFICATION.  I make the foregoin  8taternents.  m i a r t  of  y claim,  with full knowled  e of the 
or cbi$/U.S.  Code,  Ta*, 18, ~ect%N 101 

permhies involved for willfylly making a
8nd 1001, pmvlde that an indlvidual shall b e  fined under this title or imprisoned not more than 5 years, 
or both.) 

c

t

 

!.-  -$_!qa?pA.-P.$u!RE.Q !&e!;et!L orpgprs4nn/n Item I I above/ 

b.  DATE SIGNED - REQUIRED 

IYYYYMMDOI 

DD FORM 293, AUQ 2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

(Do not w&e  in this space.) 

I 

Page 1 of  4 Pages 

MEMORANDUM FQR A1C1 ..-.....-..-..-..-..-, 

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

I.  I e m m ~ ~ ~ h m t h t U n i t E d S r s t w A j r F ~ ~ l ~ e f b T M ~ ~  
Minor 
Dlacipllaary hfntctioxm  Tttt autbaFity ibr this action is AFPD 36-32, MFIkuy RetimM8nCs and 
Sepwdont, d and 3&3208,AdnW&mtiw S c m b n  ofA-n, 
r e c o ~ o n  
(Gene@  Discharge. 

is approved, your service will be dumwkhd as an Under Honorable Conditions 

p ~ y p r ~ p h  5.49.  If  my 

On or b u t  15 Sep 05, you imsmltcd another Ainnan by placing yaw hands upon her neck, 
grabbing her arms, and d u b g  ha.  You also negligently damaged your gov~mnent qwmcm by 
slmmlng doom and throwing items against the wall.  Finally, on I9 Sep 05, you failed to go at the 
time prerwibed to your appointed place, of duty, For these actions, you rec;tivd your second 
naqjudbid punishmeat ansisting of a duction to Airman First Cks, 14 days extra duty, and a 
reprimand. 

b.  On 6 Jui 05, you ussd your collapsible baton to clear your patrol vehicle from mud aftar you 
got tbb v&ik  stuck whiik on duty. When questioned about wing a weapcm in such a rnaana, you 
d c  rr wJba1 and w r h  f h b  offSchl a
Repimpti @ORIS d&d 
lnBanatianr File 0, and you w m  plwcd on a Control Roster, on 3 Aug 05. 

 For this inchht, you received a L a t h  of 
14 Jul05.  This LOR was placled In your p r a s t i n g  Unfavorable 

L

l

c.  Oe or about 12 DUG 04, you d i r a b l y  filed to pay your M & h y   Qtar Card bill.  For this 
bidex& you mclvcd a Letter of G m d i n g  w), dated 1 1 Jan 05.  Adtkkalb, tbt amwnt of 
y ~ t g : w w ~ ~ ~ ~ y o u s m i l r t a y p a y .  

d,  On or about 13 Nov 04, you were involwd in a minor d o d c  di-ce 

in which yau 
attempbad to threaOsa your spouse, who was atso another m i l b y  mumber.  Additionally, on or 
about 30 Oct 04, you operated your privately owned vehicle without having prom insurance on 
said vehicle.  For them inoidents, you received an LOR, dated 1 1 Jan 05. 

a On M BbWt 13 Jtd 03, you wen derelict in the performance of your duties when you 

wilhtly failed to refhila &om de8ping while on duty,  By falling asleep while operating your 
patrol *hide,  you c
the vehicle to strike a parked a h R ,  causing damage to the &craft  and 
yaw patrol vehicle.  When questioned about the incident, you made a fMsa official statemat.  For 
&a incidtnts, you received your first nonjudicial punishment camkiting o f  a suspended reduction 
to the grade of Airsrran, and suspeaQad forfeiture of $645.00 pay pct montb fbr two mode 

d

 

"FOIJT?. Tlris ctrntains inforn~atio~r amkct& by the Privb~q Act rbP 115174.  The cfiafusts 
should be sufeguarded from u n w C J t ~ ~  
pwuirrhw d AFI 33-332, "Air Porcg&isac'pI, Act Prograblo*' "' 

aitrebsure and c @ ~ ~ . f i % a c c ~ d I ~ i g  

to the 

'b #or 

3.  Copies of the dwum;eratsCo b.Wwtded to thc.wpamtion autfrority in swga~rt ofthis 

rn at&#& 

ae&hg  SKh4 jwisdidioa rul bi@ur  &ority 
wi4ld&&whetkyouwillbadWw~~rataintdin&e  WmitdWcsAirForcaand,ifyou 
atp didmgd, how your m v h  wii! be cbammkd. If you arr; discbrrgod, you will be 
~ f o r ~ i a t h c A i r P a r c s c a n d m y s p e c i a l p a y , b a w r s , w ~ a s a i a t a a c e  
&I&  my ba subjtat to rwoupmcnt. The separation authority wilt make the findiigs and 
mammMons rc3qdmd under 10 U.S.C. Section ZOOS(g). 

4.  YwbrWG@*tmd-l. 
con-  the h D e h w  C w l
~ c a n % ~ o n w i
expense. 

MiliCaryl@~lbo*l@toaraoistyo~. 

Plcast 

mt  DSN 49331,& to 

 at MUWCU  Air F m  
t h a d ~ d .

 

Y a u m a y a t o o ~ o i v f l i m w ~ l a t y ~ u o w n  

9.  Yolu have the ri@ to submit staments in your own W. Any statemants you want the 
~ ~ t o ~ ~ n s i d a m u s t r c & m e b y ~ t W d ~  unless you taquera and 
mdw .la -&ion 

for $ood cause shown.  I will send them to thc sepstation authority. 

6. If yw #ill to consult comscl or to submit statements in your own behalf, your failure will 
cataiw~ t d v e r  of your right to do so. 

7.  Y w  have been &duM  for a medical examination,  You must report ta 14 MDOS, 201 
h-cc 

Ikiw on wL at& 

hours for the c x a m ~ a n .  

&.  Any personal information you furnish in rebuctal Is covemi by tho Privacy Act of 1974.  A oopy 
of AFI 36-3208 is awihble h r  your we at the unit pusonml office. 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

Commander 

"FOlSU. This cuntaino 

.Qct aE1974, The c~ntcbts 

to cbc 

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