NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE  GEN 

1 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

Lynn Williamson 

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MEMBER SITTING 

HON 

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AMN 
X  I  RECORDREVIEW 

L.-..-..-.-..-.I 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

VOTE QP THE BOARD 

GEN 

UOTHC 

OTHER 

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DENY 

Case heard in Washington,  D.C. 

Advise applicant of the decision of the 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. 

*  Reason and Authority 

550 C STREET WEST.  SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

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AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING.3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

1 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00323 

GENERAL:  The  applicant appeals  for upgrade  of  discharge to  honorable  and  to  change  the  reason  and 
authority for the 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 and change of reason and authority for discharge 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 and 
he was not guilty of test compromising.  The records indicated the applicant received an Article  15 for 
misconduct.  The Article  15 was for being derelict in the performance of duties by willfully failing to refrain 
from reconstructing the National Registry of Emergency Medical Technicians Test by using his memory or 
that of others.  He was punished with a forfeiture of $692.00 pay for two months and seven days of extra 
duty (suspended).  The Board considered the applicant's contentions along with the supporting documents 
within his record and determined 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 
appropriate. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Sheppard AFB, TX on 23 
Aug 05 UP AFI 36-3208, para 5.52.3  (Commission of a Serious Offense).  Appeals 
for Honorable  isc charge,  and to Change the Reason for   is charge. 

2.  BACKGROUND: 

a. DOB: 1 Jun 84.  Enlmt Age: 19 11/12.  Disch Age: 21 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-52,  E-46,  G-64,  M-38. PAFSC: 4NOll - Aerospace Medical Services 
Helper. DAS: 29 Nov 04. 

b.  Prior Sv:  (1) AFRes 24 May 04 -  11 Oct 04 (4 months 18 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  12 Oct 04 for 4 yrs. Svd: 00 Yrs 10 Mo 12 Das, all AMS. 

b.  Grade Status:  Amn -  12 Apr 05 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Jun 05, Sheppard AFB, TX -  Article 92.  You, who 

knew or should have known of your duties, between on or 
about 4 Mar 05 and on or about 28 Mar 05, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from reconstructing the National 
Registry of Emergency Medical Technicians Test by using 
your memory or that of others, as it was your duty to 
do.  Forfeiture of $692.00 pay per month for two months. 
Seven days extra duty  (suspended).  Reprimand. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (03) Mos  (00) Das 
TAMS: (00) Yrs  (10) Mos  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Aug 06. 

(Change Discharge to Honorable, and Change the Reason for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Written Response to Offer of Nonjudicial 
4. Article 15. 
5. Record of Administrative Training Action 
6. Discharge Documentation. 
7. Student Training Reports. 

Punishment Proceedings. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

IfYaase mad imbvcfkns on Page8 3 md 4 BEFORE wmpbnirg thb apP#c&n..l 

/ 

OMB No. 07044W4 
OMB appfwd axpram 
Acrp 3 1 , W  

>lnl#r;utbr.  h e l u d n O - ~ t c r n d u d n O ~ h i a , a , d w D & m m t d ~ ,  E x a a M w ~ r v i o . ~ ~ 0 7 ~ ) .  
m m h r p r d J a o ( I . w , n o p n m t h . l b . u b ) . n r o y p r w k y t c r h U ~ m m m p l y r v h k a m w K c i o n d ~ d o n I f k ~ n a a s l . y a u m n t ) y n Y d O ~ e o n a d m m b . r .  
PLUSE DO  NOT RCTURN YOUR  FORM TO THE  AbOVE OROANIUTION.  RETURN COMPETED  FORM TO THE -ATE 
. - 
PAIIE. 

AWaSB OW  BACK  OF THIS 

~upodnn8lhouldb.a-that- 

PfUVACY ACT STATEMENT 

AUTHOWTY:  10 U.S.C.  1553; E.O.  9397. 
PAlNClPAL FURPOSE(S):  To apply for a chanp in rhs characterization or reem for d l i r y  d i s h r ~ ~  
ROUTINE USE(S1:  None. 
DISCLOSURE:  Vohmntafy;  however, failure to provide identifying information may impede procsrsing of this application.  The requett for 
Social S.curity  Number ir strictly to euure propot idantification of the individual end appropriate records. 
1.  APPLICANT DATA  flh person whose dischuge b 20  be mvmwsdl.  PLEASE PRINT OR TVPE INFORMATION. 
I j~ I AIR  FORCE 
a  BRANCH OF SERVICE IXone)  I 

1 MmNE CORP6 

1 COASTGUARD 

issued to an individual. 

1 AJWY  I 

1 N A W  

a.  aRADEIRINK AT MGCHARCY 

I 

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R-2 

1 
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d.  SOCIAL SECURITY NUMBER 
C ------------ l 

?:  - - !&?*- !?!% !!e lnirhl) 

2. DATE OF DISCHARGE OR  SEPARATION 

lYYYYMMDDl (I? date Is more than  15 yews 
ago,su&nnmDDFam, 1*91 
20050823 

3.  UNIT AND  LOCATION AT DISCHARGE 

OR SEPARATION 

4.  DISCHARGE ~ARACTERIZATION RECEIVED (Xom)  5.  BOARD ACTION REQUESTED (Xonsl 
' 
% - 

K 

HONORAEU 
~~ HONORABLIE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD C O W  (Speck/ coui-maim/ on&) 
~ ~ ; ~ A R A C T S R I Z E O  
OTHER /&&in) 

clrANGETOHONORABLE 
CHANGE TO GENERAUUNOER 
HONORABL€  COIIWTIONS 
C H A W  TO UNCHARACTERUED 
(W apflcabh for Ab F~fceI 
CHANGE NARRATIVE 
SEPARATION TO: 
Good Conduct 

FOR 

383rd TRS Sheppard AFB, TX 
6.  I S U t S :   WHV AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continua h hem  14.  Sea instructions on 
I am &liesting  a discharge upgrade, new mentry code, and change in narrative reason for separation because I received an article 
15 and g a d  discharge for test compromising iir which I didn't do.  I had failed the NA.E.M.T. with many other individuals and 
was put in a separate class to study strictly for the test. W e w m  instructed to no over as much information as msible about things 

p.  31 

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If &uy  documuntw.wmtukJ meoniw m Rkvsnt m )au ?so,  @mao send cop+.t 

I have already subnutted the attached documented evldence for my apphcation which you aIl retained upon tht return of my 
DD Form 293. 

la. n~ OF RNIEW  REQUESTED M O ~ )
x  C-CT 

- 

- 

 

A ECWID RNlEW OF MY DISCHAROE BASED ON MY MILITARY I 

ERSONML FlLE AND ANY  ADDITIONAL W W M E M A T I O N  

SUBMll€D  BY IIE. I AND/OR I c ~ H e p m s m t m t h I  WUL NOT APPEAR BEKIM THE WARD. 
I AND/OR  Ic-mhhI 
WASMNOTQIY, D.C.  METROWWAN AREA. 
I AND/OR  /~ounSahwn~nhtivs) WlEH TO APPeAR AT A HURlW AT NO EXPENSE TO THE t20- 
1 lentor cify and srere)' 

W8H TO APPEAR AT A HEARING  AT NO UBUSSE TO THE aOVERNdKNT BEFORE  m E  WARD IN THE 

INOTE:  'Th. &* &-lm&-  R=&w  &rd  do.rriii kw sk-&%&&nel:) 

eEFORE A TRIYEUNQ P I u i L  CLOSEST TO 

lo...  COUNSEUREPRESENTATNE Many) NAME l u .  Hnr. M W  lnkht/ AND ADDRESS  I k lELEPHONE NUMBER Ilnchde h a  Code) 

I 
I 

'a.  E-MAIL 

d.  FAY NUMBER llnckwl. Ana Coda) 
I 

11.  APPUCANT MUST SIGN IN lfEM 13.a BELOW.  If th. record in purtlm Ir that of a d w o n d  or Incomptont p.non. LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If th. 
th. nrm liprlnt) 

k dgnad by 0th.r thm th. q p k m t ,  In&& 

b muking a box klow. 

m d  rd- 
LEGAL R E P W 5 E M A T M  

m W W  

WIDOWER 

1SW OF KIN 

lFomtrd nolUkatbn of any chmw in .ddau.l 

1 W U S E  
12.0. CURRENT MALUNG ADDRESS Of  APPLICANT OR  PEASON ABOVE 
...................... 
C ..................... 
or b t h . )  ~ 

I mdre h a  tongoing rtarmsntr, n pwt of my ddm, wlth M knowkdp of th. 
p m a h h  lnvohnd for wiltfuky making a f d n  rt.tmnnt  or cldm. (U.S. Coda,  Tile 18, Secttons 2 8 7  
m d  1001. pmvide that an individual shall be f i n d  under this titb or imprisoned not mom than 6 y e m ,  

- - - - - - - - - - - 
s.  E-MAIL;""  """ "'""' ' 

d.  FAX NUMBER IlncWa Arm Code) 
I 

~b-6  - 0 0323 

b.  TELCPHOH N U y e B  lbhukBCsu,CodeI 

/Do not wrlla in this space.l 

13.  CERTIRCATION. 

CASE NUMBER 

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L - 

IYMMMDDI 

Ci 

DD FORM 293, MAR 2004  U 

1 

PREVIOUS EDITIONS ARE OBSOLETE. 

Page 1 of 4 Pages 

20060824 

14. CONTINUATION OF ITEM 6, ISSUES (Hap Jicablbl 
I would stay up late nights getting maybe 2-4 hours of slecp, so I could pass this test.  I Lncw test compromising was wrong and I'm 
codused til this day about why I am no longer apart of the Air Force.  All I did was studied among my fellow airmea, and we 
would all help each other by being good wingmen.  Ye, a.book of questions was diatriiuted within the group but I had no need for 
it, because being in the same class for 8 horn a day, and going back to the donns to study was enough to help me p that test  I 
have never had any disciplinary actions until that point of my Air Force c a m ,  and I say again, I did not test c~m~romisc. 

16. REMARKS (If applicebk) 
It is August 24,2006 and I am not doing so well.  Right now I am laid off 60m my job and it is really hard to find w o k  I have a 
general discharge with misconduct on my record and many employers will not consider me for employment.  I am really 
disappointed still at what has happemed a year ago.  My future plans involved me going to school and working my way up as an 
officer in the Air Force.  I wanted to do 2Ot ytars and retire.  That was my goal.  It hurts everyday I wake up and realize I could 
have been doing something for my country.  I was never a bad person, and far this to have happened when I followed orders of my 
superior officers; it p a i i  me.  The Air Force was the perfect opporhmity for me, because where I'm  fiom is a honible environment. 
Up to this point rvt been staying out of trouble, and trying my best to mrvive in this economy.  I'm  really hoping that youll 
consider my discharge upgrade and hopefully I can once again serve in the world's  greaht Air Force.  AEF!!! 

I 
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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Divtslon, St.  Louie 
9700 Page Avenue 
St.  Louis, MO  83132-6200 
(See http:llab.army.pentl~on.mill 

AIR  FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
5 5 0 4  Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

I 

NAW AND MARINE CORPS 

Navd Council .of Personnel Boards 
720 Kennon Sweet, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (&WPM) 
21 00 Second Street, S.W. Room 6600 
Washington, DC  20593 

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DD FORM 293, MAR 2004 

?age 2 of 4 Pages 

DEPARTMENT OF TEE AIR FORCE 

A W g M C A T I O W A N D ~ O C O ~  

0 3  AUO rn 

MEMORANDW FOR AMN SHARMAR M. PHILLIPS, FR367-02-8443,383 TRS 

FROM: 383 TRWCC 

SUBJECT: Notification Memorandum 

1.  I am ~~~~g your discharge fiom the United States Air Force for commission of a 
seriow offense.  The authority for this action is AFPD 3632 and AFI 36-3208, paragraph 5.52.3. 
If my tec~mmcsldation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that your senrice be characterized as under 
honorable conditions ( g m d )  . 
2.  My reason for this action is you, who knew or should have known of your duties at or near 
Shcppard Air Force Base, TX, between on or about 4 Mar 05 and on or about 28 Mar 05, were 
derelict in the performance of those duties in that you wiUWly Wed to refhin h m  
reconsENding the National Registry of Emergency Medical Technicians Test by using your 
memory or that of others, as it was your duty to do.  For this misconduct you received Article 15 
punishment on 20 Jun 05. Copies of the documents to be forwarded to the separation authority in 
s u j p r t  of this recommendation are attached. The commander exercising SPCM jurisdiction or 
higher authority will decide whctha you will be discharged or retained in the Air Force and, if 
you are discharged, how your service will be charact-. 
If you are discharged, you will be 
ineligible for reedistment in the Air Fom and will probably be denied enlistment in any 
compomt of the armed force.  Any spacial pay, bonus, or education assistance h d s  may be 
subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult capt . !-------- 
0930.  You may consult civilian c o d  at your own expenw. 

- - - - - - - - !at building 1638 on 3 Aug 05 at 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
sepamtion authority to consider must reach me by 8 Aug 05 unless you request and receive an 
extension for good cause shown,  I will send them to the separation authority. 

5.  If you fail to consult cowsel or to submit stat&ents  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 the 82d Medical 
Group, Bldg 1200, Physical Examinations, at 1000 on 4 Aug 05. 

7.  Any pasonal infhmtion you f h i s h  in rebuttal is c o v d  by the Privacy Act of 1974. A 
copy of AFI 36-3208, is available for your use in the Commander'sSupport Staff OfEce. 

8.  Execute the attdexl acknowldgment and return it to me immediately. 

:.....-.,.......-.------------------------------------, 
Commander 

Attachmmts: 
1.  AP Form 3070,20 Jun 05 
2.  Written Response to Article 15,13 Jun 05 
3.  Report of Investigation, 12 Apr 05 with 6 exhibits 
4.  AETC Fonn 125&  1 Jun 05 
5.  Student Training Rcport, 05012 
6.  LAFB Form 205,29 Nov 04 
7. Airmm's ~ c c e i ~ t  of ~otification ~ e m o  LJ C/