4PPLICANT3S ISSIlE AND&F:  BOARD'S DEC.lSI(HSU. RATIONALE ARE DISCL'SSFD ON THC ATlACHED AtR FORCE DISCHAME REVIEW BOARD DECISIONAL RATlOhALE 

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/  Case heard  in  Washington, D.C. 

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

-t Reason and Authority 
* Reenlistment Code 

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INDORSEMENT 

DATE:  2/22/2007 

SAFIMKBR 
550 C STREET WEST, SUITE 40 
RANt>OI,PII  AbH, 'I'X 7x1 50-4742 

FQnM 

SECRETARY OF THE AIR FORCE PFUSONNEI. COllNClL 
AIR  FORCE DlSCllARCE REVIEW  BOARI) 
1555 COMMAND DR. EE WING. JRD FLOOR 
ANDREWS AFB. MI) 211762-71102 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

C 9SE NUMBER 

FD-2006-00241 

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 leading to the discharge. 

FlNDlNGS:  Upgrade  of  discharge  and  change  of  reason  and  authority  for  discharge.  and  change  of' 
reenlistment code are denied. 

'I'he  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 discharge was inequitable because it was too harsh. The applicant did not 
receive an administrative discharge, thus his contention of inequity is not applicable. The applicant received 
a Bad Conduct discharge, a punitive discharge, as part or his sentence resulting from a Special Court-Martial 
conviction. Under the provisions of Section 1553, 10 USC, the only basis for a change of a Bad Conduct 
discharge is clemency. The applicant presented evidence which the DRJ3 opined did not warrant granting 
clemency. 

CONCLUSIONS:  The  Discharge  Review  Board  concluded  that  the  applicant's  punitive  discharge  by 
Special Court-Martial is appropriate under  the facts and  circumstai~ces of this case and therc  is insufficient 
basis, as an act of clemency, for change o l  discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (RGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a BCD Disch fr USAF Charleston AFB, SC on 20 
Apr 98 UP Special Court Martial Order 3, 30 Oct 97.  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Jan 77.  Enlmt Age: 18 4/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-UNK,  E-UNK,  G-UNK,  M-UNK. PAFSC: 2T231 - Air Transportation 
Apprentice.  DAS: Unknown. 

b.  Prior Sv: (1) AFRes 6 Jun 95 -  25 Jul 95  (1 month 20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 6   Jul 95 for 4 years. Svd: 02 Yrs 08 Mo 25 Das, all 

AMS, of which AMS is 02 Yrs 07 Mos 28 Das (excludes 27 days lost time). 

b.  Grade Status:  AB -  2 6   Sep 96  (Article 15, 26 Sep 96). 

Amn  -  26 Jan 96 

c.  Time Lost:  3 Oct 96 -  10 Oct 96 and 24 Oct 96 -  12 Nov 96 27 days time 

lost. 

d.  Art  1 5 ' s :   (1) 25 Sep 96, Charleston AFB, SC -  Article 86.  You, did, 

on or about 12 Sep 96, without authority, absent 
yourself from your organization, to wit: 437 Aerial Port 
Sq, located at Charleston AFB, SC, and did remain so 
absent until you were apprehended on or about 14 Sep 96. 
Reduction to AB.  Restriction to Charleston AFB for 30 
days and 15 days extra duty. (No appeal)  (No mitigation) 

: t o  remain at home, an order which it 

(2) 16 Apr 96, Charleston AFB, SC -  Article 86.  You, 
having knowledge of a Lawful order issued by SSgt 
........................... 
........................... 
was your duty to obey, did, on or about 26 Mar 96, fail 
to obey the same by wrongfully leaving your home. 
Further ,- -y~].'~--bfixinq-kq-qw;edge of a law£ ul order issued 
by SSgt 1 --------------------------: 
immediately, an order which it was your duty to obey, 
did, on 2 9   Mar 96, fail to obey the same by not 
returning to work.  Article 92.  Further, you did, on or 
about 31 Mar 96, without authority, fail to go at the 
time prescribe to your appointment place of duty. 
Restriction to Charleston AFB for 30 days and 30 days 
extra duty. (No appeal)  (No mitigation) 

to return to Charleston AFB 

e.  Additional: Unknown. 

f.  CM:  Special Court Martial -  25 Nov 96 

CHARGE:  Article 121. 

Specification:  Did, on divers occasions, at or near Charleston AFB, SC 
between on or about 2 Jul 96 and 12 Jul 96, steal money, of a value of 
over $100, the property of Heritage Trust Federal Credit Union.  Plea: 
NG, but G to LIO of Wrongful Appropriation.  Finding: NG, but G to LIO 
of Wrongful Appropriation.  Sentence Adjudged on 23 Oct 96.  Forfeiture 
of $500 pay per month for 6 months, 35 days confinement and a bad- 
conduct discharge. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i,  Stmt of Sv:  TMS:  (02) Yrs  (09) Mos  (18) Das 
TAMS:  (02) Yrs  (07) Mos  (28) Das 

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

(Change Discharge to Honorable, and to Change RE Code, Reason and Authority 

for Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  DD Form 214. 

'  7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each docurnent.l 

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r-l ARE  LISTED BELOW AND ARE ATTACHED TO  THlS APPLICATION: (Continue o n  a plain sheet of paper if more space is needed.) 

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a.  DOCUMENT  1: 

FpJ  *o  b - 002 

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b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

8.  ISSUES 

The Board will consider any issue submitted by you prior t o  closing the case for deliberation.  The Board will also review the case t o  

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing t o  issues of concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain t o  Block 8 prior t o  completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

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I I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO  THlS APPLICATION. 

n I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enterdate) 

AND AM COMPLETING THlS FORM IN ORDER  TO SUBMIT ADDITIONAL ISSUES. 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

oing statements as part of m y  application w i t h  full knowledge of the penalties involved for willfully making a false 

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ARMY 

Army Review  Boards Agency 
Support Division,  St. Louis 
ATTN:  SFMR-RBR-SL 
9 7 0 0  Page Avenue 
St.  Louis,  M O   63132-5200 
(See http:l/arba.army.pentagon.mil) 
DO FORM 293, DEC 2000 

NAVY & MARINE CORPS 

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AIR  FORCE 

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