NAME OF SERVICE MEMBER (LAST, FIRST MIDI)I,E  INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

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C-.-..-..-....-..-.----------# 
TYPE  GEN 
CoUNsEL 

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1  NAME OF COIlNSFl. AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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1 

A FSNISSAN 

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RECORDREVIEW 

AB 
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X 

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ADUHLSS AND OR ORCANIZArlON  OF COUNSEL 

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MEMBER SITTING 

HON 

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.-A  - 
GEN 

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VClp OF THE BOAq 

UOTIIC 

'r' ' " o W ~ . . l ; j  

4 

ISSOES 

A95.00 
A01.00 

INDEX NUMBER 

A67. I0 

HBAHING  1)AI B 

CASE NUMHEH 

X 

X 

X 

X 

X 

, , 
1 
2 
3 
4 

ORDER APPOINTING THE BOAICD 

API'LICATION  FOR  RFVIEW OF DISCIIARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COIJNSEL'S  FXLt,ASF, TO THE BOARD 
ADDITIONAI.  EXHIBITS SUBMITTED AT TIMI' OF 
PERSONAL APPEARANCE 

'TAPE RECORDING  OF PERSONAI. AI'PEARANCE  IIP. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to submit an 
application to the AFBCMR 

Naines and votes will  be made available to the applicant at the applicant's  request. 

550 C STREET WEST, SUI'I'E 40 
RANDOLPH AFD, 'I'X 781 50.4742 

AFHQ FORM 0-2077, JAN 00 

SECHATARY  OF THE.41R FOHCE I'ERSONNRI  COl!NCIL 
AIR FOHCYF.  OISCIIARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3HI)  FLOOR 
ANDREWS AFB, hlD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00317 

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

The applicant was offcred a personal  appearance before the Discharge Review Board  ( D m )  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 is denied. 

The Board  finds the  applicant  submitted no  issues  contesting the  equity  or propriety  of the discharge, and 
after a thorough review of the record, thc Board  was unable to  identify  any that  would justify  a change  of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated applicant had received two Article 15's and 
a Letter of Reprimand for n~isconduct. His first Article  15 was for failure to obey a no-contact order.  He 
was reduced in grade to Airman Basic with reduction bclow Airman suspended, restricted to Luke AFB for 
45 days, and 30 days of extra duty.  His second Article  15 was for signing an official statement with intent to 
deceive and writing checks with insufficient funds.  He was punished with a reduction in grade to Airman 
Basic, 45 days extra duty and a reprimand.  He was also administratively disciplined with a Letter of 
Reprimand for dereliction of duty.  The DRR opined that through these administrative actions, the applicant 
had ample opportunities to change his negative behavior.  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 appropriatc. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consisteilt  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 DXSCHARGE REVIEW BOARD 

ANDREWS AFBr  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Luke AFB, AZ on 26 Aug 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOE: 27 Feb 83.  Enlmt Age: 19 1/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-70,  G-72,  M-81. PAFSC: 2A353B -  Tactical Aircraft 
Maintenance Journeyman. DAS: 10 Apr 03. 

b.  Prior Sv: (1) AFRes 25 Apr 02 -  22 Jul 02 (2 months 28 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Jul 02 for 6 yrs. Svd: 03 Yrs 01 Mo 04 Das, all M S .  

b.  Grade Status:  AB -  28 Jul 05  (Article 15, 28 Jul 05) 

A1C -  22 Mar 05 
A m  -  06 Nov 03  (Article 15, 6 Nov 03) 
A1C -  06 Sep 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 28 Jul 05, Luke AFB, AZ  -  Article 107.  You did, at or 

near Luke Air Force Base, Arizona, on or about 18 May 
2005, with intent to deceive, sign an official record, 
to wit: an affidavit, which record was false in that 
your permanent checks were not in your car when your car 
was stolen, and you were the person writing the checks, 
and was then known by you to be so false.  Article 134. 
You did, at or near Phoenix, Arizona, on or about 3 May 
2005, make and utter to Villa de Paz a certain check, in 
words and figures as follows, to wit: Check Number 1099 
Amount $627.00 for the purpose of services rendered, and 
did thereafter dishonorably fail to maintain sufficient 
funds in Credit Union West for payment of such check in 
full upon its presentment for payment. You did, at or 
near Phoenix, Arizona, on divers occasions between on or 
about 3 May 2005 and on or about 10 May 2005, make and 
utter to Fry's  certain checks, in words and figures as 
follows, to wit: Check Number 1100, Ilmount $95.11, Check 
Number 1104, Amount $30.23, Check Number 1106, Amount 
$51.15, Check Number 1107 Amount $78.71, for the purpose 
of purchasing merchandise, and did thereafter 
dishonorably fail to maintain sufficient funds in Credit 

Union West for payment of such checks in full upon its 
presentment for payment.  You did, at or near Phoenix, 
Arizona, on or about 6 May 2005, make and utter to 
Gordon's  a certain check, in words and figures as 
follows, to wit:  Check Number 1101 Amount $20.00, for 
the purpose of services rendered, and did thereafter 
dishonorably fail to maintain sufficient funds in Credit 
Union West for payment of such check in full upon its 
presentment for payment.  You did, at or near Phoenix, 
Arizona, on or about 7 May 2005, make and utter to 
Alitell a certain check, in words and figures as 
follows, to wit: Check Number 1103 Amount $100.00 for 
the purpose of services rendered, and did thereafter 
dishonorably fail to maintain sufficient funds in Credit 
Union West for payment of such check in full upon its 
presentment for payment. You did, at or near Phoenix, 
Arizona, on or about 7 May 2005, make and utter to Auto 
Zone a certain check, in words and figures as follows, 
to wit: Check Number 1105 Amount $107.69 for the purpose 
of services rendered, and did thereafter dishonorably 
fail to maintain sufficient funds in Credit Union West 
for payment of such check in full upon its presentment 
for payment. You did, at or near Phoenix, Arizona, on or 
about 7 May 2005, make and utter to SRP a certain check, 
in words and figures as follows, to wit: Check Number 
1102 Amount $121.65 for the purpose of services 
rendered, and did thereafter dishonorably fail to 
maintain sufficient funds in Credit Union West for 
payment of such check in full upon its presentment for 
payment. Reduction to AB. Forty-five days extra duty and 
a Reprimand. (No appeal) (No mitigation) 

(2) 06 Nov 03, Luke AFB, AZ -  Article 92.  You, having 

:V. Blue not to have verbal, non-verbal, or written 

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

knowledge of a lawful order issued by First Sergeant, 
56th Aircraft Maintenance Squadron, Master Sergeant 
, - - - - - - - - - 
C ..-....- m 
contact with Mrs. 1 .......................  :or any members of her 
family, an order which it was your duty to obey, did at 
or near Goodyear, Arizona, on divers occasions between 
on or about 4  October 2003 and on or about 19 October 
2003, fail to obey the same by leaving voice mail 
---------------- 
messages on Mrs  1 --------------- 
daughter over the phone and meeting with Mrs. 
the Wal-Mart parking lot.  Reduction to AB, with 
reduction below A m  suspended. Restriction to the limits 
of Luke Air Force Base, Arizona for 45 days. Thirty days 
extra duty. (No appeal) (No mitigation) 

: cell phone, contacting her 
, - - - - - - - - - - - - 
: in 
C ...-.-..-.- 

m 

e.  Additional: LOR, 11 MAY 04 - Dereliction of duty. 
f .  CM:  None. 
g.  Record of SV: 23 Jul 02 -  22 Mar 04  Luke AFB  4  ( ~ n i t i a l ) ~ ~ ~  

23 Mar 04 -  22 Mar 05  Luke AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (02) Das 
TAMS:  (03) Yrs  (01) MOS  (04) Das 

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

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

.") 
DEPARTMWT' QF'TWE AIR  FORCE 
rn 

awlrrWZ0N 

:a FD  *--BO 317 

\.-.,' 

l U l Q A P I I , ~ -  

FROM  56AMXS/CC 

SUBJECT;  Notification Mbmoraridum 

1,  I am recommandiag your discharge fiom the United States Air Force fo~ Misconduct: Minor 
Disciplinuy Infbtions. The authority for this actiau is AFPD 36-32 and AFI 36-3208, pmgraph 
your service will be clwmtdmd a honorable or under 
5.49.  If my racommwdatian is ~ v a d ,
honorable W t i o m  (general).  I am recommending that your sartrico ba charactaizd as under 
h ~ i i b l e  &ti0118 

(general). 

 

. 

2,  My reason for tixis action is: 

Master ~ctgm<::::::;~.i:::::jrnt 

(a)  You, having lolowladge of a lawful ardn igsued by ------------------ 
have verbal, non-vart,al, or written wfitect with Mrs.; - - -. - - _- - - - - - - - - -, 
M y ,  an order which it itas your duty to obey, on divers owions between on or about 4 Oct 
03 and 0x1 or about 19 Oct 03, fail to obey the same by leaving voice mil messages on Mrs. 
, - - - - - - - - - - - -  
------------ m 
the Wal-Mart parking lot.  For this misconduct, you w i v e d  sn Article 15 &tad  6 Nov 03. 
Your punishment included a s u m a d  raductictn in rank to ttre grade of E-2, d c t i o n  to tba 
limits of Luke Air Force Basc, Atinroa for 45 days and 30 days extra duty.  This acticm 
established an Unfavorable InfomatSon File 0. (Tab 7A) 

:cell phone, cox~tacting ha daughter over the pkona and meting with Mrs.[---------------; in 

to 
:or any mambcm of her 

I 

@)  On or about 16 Jan 04, at or near Wra Air F o m  Base, k n a ,  you pcrfbmed duties as a 
team member d&g  an al-te/-ency 
landing gear optnation check on aircraft 83- 1 184 
when you were not qualidid to ptrform this task  For this 
ReprimSnd, dated  1 1 May 04. This d o n  was $led in your existing UIF. (Tab 7B) 

you received a Letter of 

(G)  You did, at or nw Luke Air Fom Basc;, Arizoaa, on or about 18 May 2005,make and utia 
to Villa & Paz a a t a h  check,  Cheek number 1099 in the mount of 5627.00, fbr d ~ e  purpase 
of ~ ' C C B  rend@  and did 
Cradit Union Weat for tSM pa-t 
this misconduct, you recdivd an Article !5, dated 28 Jul05,  Your punishment included a 
mduction m rank to the grade of E-l,45 days cxtrs duty, and a reprimand.  Tbis action was filed 
in your d & n g  UIF.  (Tab 7C) 

of such check in full upon its presentment far paymant  For 

dishonorably fail to maintain rmffFcicnt fW in the 

(d)  You did, at or near Luke Air Form Base, Arizona, bctwaaa m or about 3 May ZOOS and on 
or about 10 May 2005, make and utta to Fry's  a certain check, in words md figurw as follows, 
to wit:  Check number 1 100 in 
amount of $95.1 1, for the purpose of sMVica8 rendered, and 
did therdbr dishonorably fail to maintain sufficient fhds in the Credit Union West for the 
paymant of such check in full u p  icp presentment for payment.  For this misconduct, you 
received an Article 15, dated 28 Ju105, Your punishment included a reduction in xank to tSle 
grade of E-1,45 days extra duty, and a n#mand.  This action wae filed in your existing ULF. 
(Tab 7C) 

(a)  You did, at or or Luke Air Fmce Bm, Arirjaaa, between on or about 3 May 2005 and on 
or about 10 May 2005, maim sad u t h  to Fry's a certain check b wit:  Check number 1104 in 
the amount of $30.23,  Ear the p u p m  of services tcadmd, snd did t h e
 dishonorably fail 
to maintain sufficient finds in the C d t  Union West fbr the ,payment of such check in full upon 
its pmmtamt for payment.  For this misoanduct, you ncehd an Article 15, dated 28 Jul05. 
Your punishment included a raducdon in 'nnlc to tha &e 
tqximmd  This action was filod in your existing UIF.  (Tab 7C) 

of E-1 ,45 days extra duty, and a 

(f)  You did, at or near Luke Air Force Besc, Arizona, bctwaen on or about 3 May 2005 and on 
or about 10 May 2005, make a d  utter to Fry's a certain check, to wit:  Check number 1 106 in 
the amount of $5 1.15, fm the purpose of services rendered, and did th-k 
dishonorably hi1 
to maintam d c i e n t  firnds in the Credit.Union West far the paymaat of sPcb chbclr in hll upon 
its ptemtcnmt for payment.  Far this misconduct, you ~ v e d  
Your punishment included a reduction in ranlc to the grade of El, 45 day  extta duty, and a 
reprirnaad.  This action was filed in your existing UIF.  (Tab 7C) 

an Article IS, dated 28 Jul05. 

(g)  You did, at or mar Luke Air Force Base, Arhna, betwm'on or &out  3 May 2005 and on 
or about 10 May 2005, makc and uttcr to Fxy's  a -in 
check, to wit:  Check number 1107 m 
the amount of $78.71, for the purpoea of servicas renderad, sad did thcmfk dishonorably f'ail 
to maintain sufficient funds in the Cradit Union West for the payment of such chock in all upon 
its presentment for payment.  For this miscanduct, you received an Arh'clc 15, dated 28 Jut 05. 
Your puniehmat hMcd a d u d a n  iu ranlr to the grade of & 1,45 days extra duty, and a 
rephand. This action was med m your &g 

UIF.  (Tab 7C) 

(b)  You did, at or near Luke Air Force Baec, Arizona, on or about 6 May 2005, make and utter 
to Godon's a cubin chwk to wit:  Check number 1101 in Che  amount of $20.00, for tha 
ptrtpom of services rendered, and did thereafter dishonorably fail to maintain sufficient funds in 
the Credit Union West fbr the payment of such check in full upon its p
for payment 
For this misconducf  you received an Article 15, dated 28 Ju105, Your punishment included a 
reduction in rank to the grade of El, 45 days exb duty, and r mprhad.  Tbis action was filed 
in your existing UIF. (Tab 7C) 

~

~

(i)  You did, at or near Luke Air Form Basq Arizona, on ot about 7 May 2005, make and utter to 
Alltall a certain check, to wit  Chwk number 1 103 in the amount of $1 00.00, for the purpose of 
services rendered, and did thcmfk dishonorably fail to maintain mfEciaat fuads in tho Credit 
Union West for tha payment of such check in fullupon it9 prcsuntment for payment.  For this 
misconduct, you received an Arti~lt 15, dared 28 Jul05.  Your punishmmt included a duction 
in rank to the grade of E-1,45 days extra duty, and  a r*.primand.  This action was fild in your 
misting UIF. (Tab 7C) 

Cj)  You did, at or neir Luke Air Force Base, Arizona, on or about 7 May 2005, make and utter to 
Autozbna a certain ch* 
to wit  Check number 1 105 in the amount of $107.69, for tba purpose 
of services rendered, and did thcr& 
. 
W i t  Union West for tZae payment of ~ u c h  check in hll upon its presentment for payment.  For 
this misconduct, you wcivbd an Article 15, dated 28 Jul 05,  Your punishment included a 

dishnorably fail to maintain sllfficiat h d a  in the 

t

 

reduction In rank to the g a b  of E l ,  45 days extra duty, and a reprimand. This action wrur filed 
i n y o u r ~ g U X F .  (Tab7C) 

(k) You did, at or near Luke Air Force Base, W n a ,  on or about 7 May 2005, makt and utter 
to SRP a certain check, to wit:  Chcck number 1102 in tho amount of $121.65, for the putpose of 
stnrices rendered, and did bmdcr disbonornbly fail to maintain sufficient funds in tba Credit 
Union West for the payment of wlch check m full upan its prescntmnt fbr payment,  For this 
misccmduct, you received an Article 15, dated 28 Jul05.  Your punishment k l u M  ar reduction 
in rank to the grade of E-I, 45 days extra duty, and a raprimand.  This action was filed in your 
6xistingUIF.  (Tab 7C) 

. 

(I) You did, at or near Luke Air Form Base, Arizona, with intent to deceive, sign an official 
tvctxd, to wit  an mdavit, which you felsely stated tbat your p~manent checks were not in 
your car whca your car was 8tolen, and you were the person writing the checb, atld you knew 
tbat statem~at to be fake,  For this rtliscoaduct, you d v c d  JW Article 15, dated 28 JuI 05. 
a rsductcm in ranis to tbt grade of E-1,45 days extra duty, and a 
Your p ~ ~ ~ i n c l u d e d  
rqaimmd  This action was fled in yow existing UIF,  (Tab 7C) 

Copies of tho documents to be forwardd to the separation authority in support of this 
recommendation are atctached.  lbe c c i u m d c ~  exercising SPCM jurisdiction or higher 
authori~~will decide whetha you will ba discharged or rczained in tfie Unitbd States Air Force 
If you are discharged, you 
and, if you are dishmgcd, how your service will be char&&. 
will be inetipilt for rtcalistment m the Air Form and any special pay, bonus, or education 
assistance funds may be subject to remupent.  ma separation authority will make tha findings 
and recommcn&ti~tl~ required under 10 U.S.C. Section 2005. 

3. Yoit have the right to consult mumel. Military legal comstl has been obtained to adst you. 1 
have made an appointment for you to 

eldb 11%  af6701, an R?&':  +t 73 83 N. Litchfitld Rd., 

how. You may consult civilian 

...................... 

counsel at your own apansa. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 
from tbe date of this I&-, 
will s a d  them to the separation authority. 

, which is fhlm duty days 
for good cause shown; I 

you reqwt 

5, If you fail to consult counsel or to submit statements in your own behalf, your fsilure will 
constitute r waiver of your right to do so. 

6. You must r q w t  to 56th Madid Group, for a medical examinntion.  You must rettieve your 
medicd records from 56th Medical Group Hospital Outpatient Records aid immediately repart to 
Physical Exams, Building 810, with your medical records and your copy of this discharge file for 
the medical examination. 

7.  Any personal infomation you f&sb 
of AFI 36-3208 is availabb h r  your use at YOUT  amits ordetiy room. 

in rebuttal is coverod by the Privacy Act of 1974.  A copy 

. 

8.  Exmta tbe attached acknowIedgrnent d nftun it ta me immediately. 

AlAachmmts: 
1.  Supporting Documents 
2.  Receipt of Notificatiun Memorandum