AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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GRADE 

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RECORD REVIEW 

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NAME OF COUPSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

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VOTE OF THE BOARD'  , 

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GEN 

UOTHC 

OTHER 

DENY 

A92.00 

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HEARING DATE 

CASE NUMBER 

(  1  I  ORDER APPOINTING TIIE BOARD 
2  (  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICA'I'ION 
1  4 
BRIEF OF PERSONNEI.  FI1.F. 
COUNSEL'S  RELEASE 'TO 'I'IIE BOARD 
ADDITIONAL EXHIBITS  SURM1.1'l'ED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL AI'PtARANCB  HE 

25 Apr 2007 
.WPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHAROE WVIMVBOARD DEClSlON4L RATIONALE 

I 

I  FD-2006-00326 

1 

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I 

1  Case heard in Washington, D.C. 

I  Advise applicant of the decision of the Board, the right to a personal  appearance withiwithout counsel, and the right to submit an 
application to the AFBCM R. 

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

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TO: 

SAFIMRRR 
550 C S T m E T  WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

MORSEMENT 

.. 

1 

DATE: Si7/2007 

SECRETARY OF THE AIR FORCE PERSONNEL COIlNClL 
AIR  FOKCt DISCHARGE REVIE\\  ROAHIJ 
ISIS COMVAYD DR, EL WIYG. 3Hn FLOOR 
*YI)HE\\S  AFB.  HD 20762-'002 

I 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASF NUMBER 

FD-2006-00326 

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

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 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: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  The records indicated the applicant received an Article 15, a Letter of Reprimand, and a Record of 
Individual Counseling for misconduct.  The applicant's Article 15 was for failure to go to his appointed 
place of duty on two separate occasions, and making two false official statements.  He was punished with a 
suspended reduction in grade to Airman and fifteen days of extra duty.  The applicant also received a Letter 
of Reprimand for a civilian conviction of theft.  He was sentenced to pay a Criminal Administration Fee, a 
Defense Facility Admin Fee, a Victim Witness Fee, a Indigent Defense Application Fee, a year in the Ward 
County Jail which was suspended, two years probation and 100 hours of Community Service.  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 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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance  reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 AlC) 

1.  MATTER  UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Minot AFB, ND on 01 Sep 
05 UP AFI 36-3208, para 5.51 (Civilian Conviction).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 19 Mar 85.  Enlmt Age: 18 9/12.  Disch Age: 20 5/12. Educ: HS DIPL 
AFQT: N/A.  A-50,  E - 6  G-42,  M-60. PAFSC: 2M032 -  Missile and Space Systems 
Maintenance Apprentice. DAS: 30 Aug 04. 

b.  Prior Sv:  (1) AFRes 5 Jan 04 -  8 Mar 04 (2 months 4 days) (~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 9 Mar 04 for 6 yrs. Svd: 01 Yrs 05 Mo 23 Das, all AMS. 

b.  Grade Status:  A1C -  23 Apr 04 

c.  Time Lost:  None. 
d.  Art  15's:  (1) 20 May 05, Minot AFB, ND -  Article 86.  You did, on or 

about 25 Apr 05, without authority, go from your 
appointed place of duty, to wit: 300 Minuteman Drive, 
Bldg 546.  Article 8 6 .   You did, on or about 26 Apr 05, 
without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: 300 Minuteman 
Drive, Bldg 546.  Article 107.  You did, on qr-ab-~ot-  26 
Apr 05, with intent to deceive, make to TSgt ; -----------! 
:,  an official statement, to wit: that you could 

, - - - - - - - - - - - a  

L.-.-.-..... 

not drive after your dental appointment, which statement 
was totally false, and was then known by you to be so 
false.  Article 107.  You did, on or about 26 Apr 05, 
with intent to deceive, make to MSgt: 
.......................... 
official statement, to wit: that you had a dental 
appointment on 26 Apr 05 at 1300, which statement was 
totally false, and was then known by you to be so false. 
Suspended reduction to Airman.  Fifteen days extra duty. 
(No appeal)  (No mitigation) 

------- 

:I  an 

e.  Additional : 

-  (Examiner's Note:  The following documents are 

missing from file.  They were listed on the 
Notification Memorandum) . 

LOR,  01 AUG 05 -  Civil Conviction for theft of property. 
RIC, 04 MAR 05 -  Failure to go. 

RIC, 18 FEB 05 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (01) Yrs  (07) Mos  (27) Das 
TAMS:  (01) Yrs  ( 0 5 )   MOS  ( 2 3 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 16 Oct 06. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting an upgrade in my discharge for job related 

purposes.  I believe my accomplishments while I was in the Air Force were not 
considered in my discharge.  I was not given hardly anytime to prepare any kind 
of package to present to my  commander to stay in.  I did however get several 
letters of recommendation to keep me in by a few of my superiors, grades, E-8 
and higher.  I feel my test scores on my CDC's (sic) and all the volunteer work 
and other accomplishments are enough to give me the upgrade. 

ATCH 
1. DD Form 149. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARIER6 elm SPACE WING (AF8PCl 
M l O T  AIR K I R e  BA9& NORTH DAKOTA 

MEMORANDUM FOR AI c \. -. . -. . -. . -. . . . -. . -. . -. . . . -. . -. . -. . -. -. . -. . -. . -. . . . . 

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

i 91MMXS 

FROM:  91. MMXS/CC 
SUBJECT;  Letter of Notification - Al?I  36-3208, Parajgqbs 5-51 
1.  I m recommending p m  d k h q c  fma the United States Air Fmr: for misconduct, 
specifically, a civilian mvictioh Tht 
R9tirmmt~ and SF-, 
Jul04, Chapter 5, Swtion IE, paragmph S+51. If my ~zcommendatiun i~ 4qmved, your discharge 
~ i l l b c ~ o s ~ u r h o m ~ i i b l e ~  

14 Jul93, mi AFI 36-3208, - .3ischa~ge of Aimen, 9 

far this action is 

36-32, Mil- 

I a m ~ a u d i n g t h & y o ~ i r ~ c c b t c h r w d ~  

2, My r&sm fm this action is:  Qn 17 Jul05, a Uinot Municipal Cow; colzvititpd you ~6theft of . '. 
This i s  a class "C" f c l e .  You warb smtmctd to pay a Criminal d d m @ h t k r i ~ ~  
IFcs 
prop*. 
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in the amount of %400.00, a Dafamm Pacillty Admin Fee in the amount of %lMlQO,!a %e.m.the 
' 
amomt of $350.00,  a Viotim Wibm Fee h the umount of $25.00, an Indigent rBdWk!. 
.. 
. 
Application Fsa in the amount of $25.00,  I year in the Watd County Jail ( ~ @ k d c d ) ~  2 yaks.'.. 
probation and 100 horn of (lmmuity Seorvica. You sllso received a L~rr'&Rqnkmd on 1 
Aug 05.  (Atch 1) 

. ,. 
. . 
*;i, 

L

4

 

a You did, at or near Wyt Air F

m

 Base, North Dafrota, on ox a jout 25 Apr  05, without 

authority, go gO pur appointed p h  of duty* to wit:  300 Min-ai  Mvo, Bldg 546. 
(Atrb 6) 

b. You did, at m n m  &t  Air Force Bast, North D b t a ,  rn or a bout 26 Apr 05, without 

authority, fXl to go at th4 time prematbed to your appointed place of duty, to wit:  300 
ltdhtmm Drive, Bldg 546, 

G.  You did, at or near Minot ----------------- 

Air Force Base, North Dakota, an or smut 26 Apb 05, with 

intent  d-m* 
aftct. yaur h t a l  appointmmt, whjJl statcrmddt was totallyfdw, and was then knowx1 by YOU to 
be so false.' 

' an official statamart, tcl wit:  You could not drive 

to Tss; - - - - - - - - - - - - - - - - ; 

d. You did, nt or near Minot Ah Fame Base, North Dakota,  on or a bout 26 Apr 05, with 

intent tb deceive, make to MSgt \ ------------------ i an officid statement,  to wit  you had a dmrtal 

------------------- 

appomtmeat on 26 Apr 05 at 1300, which stakmmt was totally fahe, and was then h o r n  by 
yoatobasofalsc. 

For this miscduct, you w m  punished under Article 15 of the UCMJ on 20 May 05.  An 

Unfawlraable Enformtiorl File was Mablishcd 

o. O n 2 ~ a r 0 5 , y o l l f a i Z c d t o r a p c r r t & a ~ a d u l 8 d w a t e r ~ ~ g ~ s ~ 1 ~ b o ~  

You mivd a Record of b

M

(lwmeling (RIC) an 4 Mir 05. 

 

f ( ] n 1 6 ~ & 0 5 , ~ ~ u a ~ d ~ ~ t o ~ m o i ~ g o n ~ l 7 ~ .

Youwmtoldyou 
~n.cxtdayyouwansjpposedtobcatmrk id 

would*tD 
1200, but Wed to show up. You M v e d  anfU[C an 1 8 Feb 05. 

.&USgtr--------l  :arMS~-::::;: 
---------. 

 

' 'ion am ahdud The cammda 

Spdcial Collrt h M a l  jlrridhm (5 

4.  Capice of the dmnmmts tu be fbhwarded to ttra mpmiion auhcmity in 

of this 

BW/CC) or a higher autharity will d&da  w b e  you will be didmged ar retained in tb8 Air 
Fme, and if you are discharged, how yout suvice Prill be chmactethe~i. If you are diachargod, 
you will bo jnal'gible for rccslistmat in the Air Force. 

:Area D c w e  

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

3&&  an Tuwday, 16Ang 2005  nt l000 horn. You nay 
.. 

5.  You have tho ri&t  to c o d t  counsel.  MKky legal counsel has be-  obtained to as&t  you 
I have made. aa qqmintmmt fmpu to consult with Captl- - - - - - - - - - - - -  - - - - - ,  
.  . 
Cc~tmabl i t . 3 ~ ' ~ u & m i t  ~ r i v e , ' ~ b m  
. . 
q d t  civilian co&ssl  a pur'os$n arphisa  . 
.  - - - .   - 
6: 
scpsntion lmthmity a &&mud 
request and receive an c~xbsiad fbr good cawc shown. I wiU 
authkty. 
7.  IX yuu Sl to consult counsel or to submit statements m ybm own be 4 your =lure  will 
constitute awaiver ofyomrigbi to do m. 

ips me kgbttd &&i .~.~+mts ii  m I&K 

rc*b &e. by #OD 

.  . 
. 
. 

.  8  , 

. 

. 

. #  

,

. + .

,

.

.

 

9 

8- You have bem ncdwhled for a modid ex-ation 
You must repxt to the 5th Medical 
Group Hospital, 10 JMissile Avnaw, Minat AFB, ND, on Thmday, 1:) Ang 2005 at 1330 
hours, for&  aambfion You must not drink afaholic b m e m p  72 hrwrs prior to the exam. 

9. ~ e P r i ~ A c t o f 1 9 7 4 ~ 0 v e r s a n y p e r s o d ~ a n ~ l o u f r r r n i d h i n r s b u t t a l .  
A??t 36-3208 is avdable for your use in the Ordarly &am. 

Acopyof 

. .  . , ,t: . . 

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, 
'  ..  ' 

, .I 
.  t 
 

, 

. . 

8 4   . 

- - - -  

12:35:  FAX 7234188 

01/01/07 

6BW/JA 

lo.  Sign tbe attached adcnowledgm#xt and thc Statement of Und&m  Sag and 
me immdately. 

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

them to 

.-..-..-..-..-....--------------------------------------: 

Commander, 91* Miklt3 Maintenme Squadron 

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

Attach&: 
1.  Receipt of b t b r  of Notification 
2.  Statemeat of wn- 
3.  Criminal Jud.gmcnt C a t ~ # !  
4.  Letter of Rep-d 
1 Aug 05 
5.  AF Form 3070, Rdcord of  omj judicial l?mi&aat  Fbxmbgs, 17 May 05 
6- Unfavorable W d m  File  summa^^, AF IMT 1137 
of Individual Counseling, 4 Mat 05 
7.  ~ o x d  
fl.  R o c d  of Individual Counsclin& 18 Feb 05 

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