N A M E  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL,) 

GRAI)E 

A FSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE  GEN 

PERSONAL APPEARANCE 

CoVN@%+ , 
No 

YES 
X 

NAME OF COUNSEL AND OR ORGANIZATION 

, 

American  Legion 

I 

I 

MEMBER SITTING 

RECORD REVIEW 

ADnRESS AND OR ORGANIZA I ION OF  COllNSEL 

200 N 2nd St Fulton NY  13069 

I 

I 
1 

HON 

"1- 

-*  - - 
VOTE 01: 'I'HE BOARD 
-- 

UbN 

J O T  

I  I 

1 

-- 

I  OFNY 

.. 

17 

I 

+ 

I 

_I 

4 

I i..-..-....-..-....---------------J 

ISSlIOS 

A93.11 
A93.09 
A93.07 

INDEX NIJMBER 

A67.30 

IIEARINC DATE 

I  CASE N1lMBIB.R 

Case heard in  Washington, D.C. 

X 

X 

X 

X 

X 

.- 

1 
2 
I_.-_ 
3 
4 

EXHIBITS L~s$&~m16D 

TO THE BOARD 

ORDER APPOINTING THE ROAR0 
APPLICATION FOR  RbVIEW OF DISCHARGt. 
LETTER OF NOTlfIC'4'l  ION 
BRIEF OF PERSONNLI, I  I1  I 
COIJNSEL'S  RELEASE TO  I  I Ib  HOARD 
ADDITIONAL P,XI IIRITS SIJBMITTED A I'  I I M t  OF 
PERSONAL  APPEARANCE 

TAPE RECOWING OF PERSONAL APPLAKANCE HE 

Advise applicant of the decision of the  Board, the right to a personal appearance with/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. 

X - Upgrade, Change Reason for Discharge and Change RE Code 

. ". 

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

SECRETARY OF THE AIR YOU(  E PEPSO\NEL  COI \CIL 
AIR FORCE DISCIIARCE REVIEW BOARD 
1535C'OMLIA\D DR. EL \\Ih'C.>RD  FLOOR 
ANDREWS AFB, hlD 10161-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00305 

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

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. 

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: 

The applicant contends he was having personal and financial problems which led to his discharge. Since his 
discharge, he has obtained an Associate Degree in Occupational Studies--Paralegal and would like a second 
chance to serve in the armed forces.  The record indicates the applicant received two Article  15s.  The first 
Article 15 was for wrongful use of his government travel card in the amount of $500.00 and making a false 
official statement with intent to deceive.  He was punished with a reduction in grade to Airman Basic and 14 
days of extra duty.  His second Article  15 was for failure to pay debt owed to American Express 
(government travel card) for cash withdrawals in the sum of $1027.50.  He was punished with a suspended 
forfeiture of pay ($100.00 for two months) and 10 days extra duty.  The Board recognized that the 
applicant's  personal and financial problems affected his motivation and conduct.  Although he was 
counseled by his First Sergeant and attended finance counseling he was either unwilling or unable to adjust. 
The Board found the characterization of the discharge, reason for discharge and reenlistment code received 
by the applicant 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 AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Tyndall AFB, FL on 28 
Mar 96 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: 04 Oct 76.  Enlmt Age: 18 8/12.  Disch Age: 19 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-48,  G-55,  M-27. PAFSC: 2R131 -  Maintenance Scheduling 
Apprentice. DAS: 7 Nov 95. 

b.  Prior Sv:  (1) AFRes 15 Jun 95 -  21 Jun 95  (7 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Jun 95 for 4 yrs. Svd: 00 Yrs 09 Mo 08 Das, all AMS. 

b.  Grade Status:  AB -  12 Jan 96  (Article 15, 12 Jan 9 6 )  

Amn -  22 Dec 95 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 21 Feb 96, Tyndall AFB, FL -  Article 134.  You, being 

indebted to American Express in the sum of $1,027.50 for 
cash withdrawals made using a government issued American 
Express credit card, which amount became due and payable 
on or about 22 Dec 95, did, from on or about 9 Feb 96, 
to on or about 12 Feb 96, dishonorably fail to pay said 
debt.  Suspended forfeiture of $100.00 pay per month for 
2 months.  Ten days extra duty.  (No appeal)  (No 
mitigation) 

(2) 12 Jan 96, Tyndall AFB, FL  -  Article 92.  You did, at 

or near Callaway, Florida, on or about 9 Dec 95, violate 
a lawful general regulation to wit: AFI  65-104, 
paragraph 25.1, by wrongfully using a Government 
authorized American Express credit card in an amount of 
$500.00 for other than official travel.  Article 107. 
You did, at or near Tyndall AFB, Florida,, on or about 
----------- 
18 Dec 95, with intent to deceive, make to MSgt; ---------; 
.-....-..-..-...- 
'  an official statement, to wit: "I lost my 
:-..-..-.-..-..-:, 
wallet at a Chinese restaurant with the AMEX card in 
it," or words to that effect, which statement was 
totally false, and was then known by you to be so false. 
Reduction to AB, and 14 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: None 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of Sv:  TMS:  (00) Yrs  (09) Mos  (14) Das 
TAMS: (00) YrS  (09) MOs  (08) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Aug 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   Two Character References. 
3. DD Form 214. 
4 .   VA Forms 21-22. 

July 10,2006 

To Whom It May Concern: 

I am writing this letter to  respectfully request that the Board consider my petition for an 
upgrade in my discharge status, from "General under Honorable" to " Honorable".  With that 
I am asking that my Re-entry code be changed to coincide with the change in discharge 
status. 

In May of 1995 I signed up to join the Air Force.  In June I went to basic training.  After 
Tech-school I was stationed at Tyndall AFB, and that's where the incidents that led to my 
discharge began.  We were issued Government Amex cards and one day I was informed by 
my  1''  Sgt, that I had a balance on mine and she wanted to know why.  I informed her that I 
never received the card, and subsequently called my wife to verify that we never received it. 
I was then sent down to fill out a police report to that fact which I did, and after an 
investigation by the SP's it was determined that my wife did in fact use the card with out my 
knowledge and as a result I was disciplined by receiving loss in rank and 30 days extra duty. 
In January 1996, the same day that I got my wisdom teeth pulled, my wife and I had an 
argument which led to her leaving the house to go shopping.  About five to ten minutes later, 
the police were knocking at my  door saying that my wife claims that during the course of the 
argument I punched her and slapped her face md threw her against the wall,  So I was 
arrested for spousal abuse.  The next day after being released,  I called my Sgt to come and 
get me.  He took me to my lst Sgt's office and as we were waiting to enter, my 1''  Sgt and my 
wife both appeared coming out of the office, and both had been crying.  I went into the office 
and try to explain what happened and she would have none of it.  She told me that she had 
heard her side and that I was a liar and at that point I didn't  say another word.  She, my 1 st 
Sgt, restricted me to base and my wife moved back to Texas,  Not long after that I was 
informed that I was going to be disinclined my the AF, even though the charges were 
dropped  by the state against me because my wife wrote a letter to the States Attorney and 
said she made the whole thing up and that she just needed me out of the house so she could 
have an "affair"  with a man we both knew.  I received an Article 15 in March of 1996. 

It has been ten years since then and I am now married to a different lady and have a family.  I 
am also a college graduate, receiving an Associates Degree in Occupational Studies 
(Paralegal) and the calling on my life to serve my country is greater than ever,  I was young 
back then and maybe I made wrong decisions with regards to getting married and trusting my 
wife, but I took the consequences that came with those actions and am simply asking for a 
second chance to serve my country during this difficult time in our history.  I thank you for 
your consideration of this petition. 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION AND TRAINING COMMAND 

1 5  MAR  1996 

SUBJECT: Letter of Notification 

1.  I am recommending your discharge from the United  States Air Force for the commission of 
serious offenses, according to AFPD  36-32 and under the provisions of 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. 

2.  My reason for this action is your commission of serious offenses.  Specifically: 

a,  You did, on or about 9 December  1995, violate a lawful general regulation, to wit:  Air 
Force Instruction 65-104, paragraph 25.1, by  wronfly  using a Government authorized American 
Express credit card in an amount of $500.00 for other than official travel.  Additionally,  you did, on or 
about  18 December 1995, with intent to deceive, make to your first sergeant, an official statement, to 
wit: " I lost my wallet at a Chinese restaurant with the AMEX card in it,"  or words to that effect, which 
statement was totally false, and was then known by you to be so false.  Consequently, for these two 
incidents combined, you  received  an  Article  15,  finalized on  18 January  1996, with  a punishment 
consisting of a reduction to the grade of airman basic, with a new date of rank of 12 January 1996, and 
14 days extra duty (Atch 1-1). 

b.  You, being indebted to American Express in the sum of approximately $1,027.50 for cash 
withdrawals made using a government issued American Express credit card, which amount became 
due and payable on or about 22 December 1995, did, from on or about 9 February 1996, to on or about 
12 February 1996, dishonorably fail to pay  said debt.  As a result of this misconduct, you received a 
second Article 15, finalized on 7 March 1996, with a punishment consisting of a suspended forfeiture 
of $100.00 pay per month for two months and 10 days extra duty  (Atch 1-2). 

Copies of the documents to be forwarded to the separation authority in  support  of this recom- 
mendation are attached,  The Commander exercising SPCM jurisdiction or a higher authority will 
decide whether you will be discharged or retained in the Air Force.  If you  are discharged, you 
will be ineligible for re-enlistment in the Air Force. 

3.  You have the right to consult counsel,  I have made an appointment for you to consult military 
legal  counsel  at  Bldg  1005  on 
hours.  You  may  consult 
civilian counsel at your own expense. 

/