AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M C  OF SERVICE MEMBER (LAST, FIHSI' MII)I)I,E  INI'I'IAI.) 

TYPE  GEN 

I 

1 

'IC@yNaEL  I  NAME OF COUNSEL AND OR ORGANIZATION 

I 

PERSONAL APPEARANCE 

GRADE 

1  A l C  
I x  I 

I 

I 

AFSNISSAN 

RECORDREVIEW 

I 

ADDRESS AND OR ORGANIZATION OF UOUNShL 

ISSUES 

AO1.OO 
A95..00 

INDEX NUMBER 

A60.00 

1 
2 
3 

OKDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW 01'  DISCI-IARCiE 
L.ET'I'F.R  01: NC)'I'IFICATION 
BRlEF OF PERSONN tl. FI1.F. 

1  HEARING DATE 

1  CASENUMBER 

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. 
1  Names and votes will be made available to the applicant at the applicant's  request. 
*  Reason and Authority 
+  Reenlistment Code 

"' 

1 

SAFIMRBR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF T11E .\1R  FORCE PEHiOXWEI  COllhCIL 
.\IN  kOHCE 1)IiCHARGE REVIE\\  BO.\RD 
1535 CO.\ln14?(D  DR. EE \VIYG.  JRD FLOOR 
ANDREWS AFR. Mn 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00354 

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. 

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: 

Issue  1.  Applicant admits that he made a mistake and has expressed a desire for upgrade of his discharge to 
qualify for reenlistment into the armed forces.  The records indicated the applicant received an Article 15 
and a Record of Individual Counseling for misconduct.  The applicant received an Article 15 for theft of two 
memory sticks, an X-Box, two music CDs, various cleaning supplies, three X-Box games, a Coleman 
lighter, Kershaw knife and sunglasses from AAFES.  He was punished with a reduction in grade to Airman, 
30 days of extra duty and a reprimand.  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 appropriate. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The DRB concluded that the characterization 
of the applicant's  discharge was appropriate due to the misconduct. 

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 A1C) 

1.  MATTER  UNDER  REVIEW:  Appl recrd a GEN Disch fr USAF Davis-Monthan AFB, AZ on 
14 Oct 04 UP AFI 36-3208, p a r a   5.50.1  (Discreditable Involvement With Military or 
Civil Authorities).  Appeals for Honorable Discharge, and to Change the RE Code, 
Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Oct 84. Enlmt Age: 18 2/12.  Disch Age: 19 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-78,  E-85,  G-72,  M-75. PAFSC: 2A533C -  Intergrated Avionics 
Electronic Warfare Apprentice. DAS: 8 Sep 03. 

b.  Prior Sv:  (1) AFRes 9 Jan 03 -  21 Jul 03  (6 months 13 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 22 Jul 03 for 6 yrs. Svd: 01 Yrs 02 Mo 23 Das, all AMS. 

b.  Grade Status:  A m  -  26 Aug 04  (Article 15, 26 Aug 04) 

A1C -  5 Sep 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Aug 04, Davis-Monthan AFB, AZ -  Article 121.  You 

did, on or about 26 Jul 04, wrongfully appropriate two 
(IGB) memory sticks, of a value of about $500.00, the 
property of the Army and Air Force Exchange Services. 
Article 121.  You did, between on or about 26 Jul 04 and 
on or about 9 Aug 04, steal an X-Box, two music compact 
discs, and various cleaning supplies, of a value of 
about $500.00, the property of the Army and Air Force 
Exchange Services.  Article 121.  You did, on o r   about 9 
Aug 04, steal three X-Box games, a Coleman lighter, 
Kershaw knife, and a pair of Forest Grant sunglasses, of 
a value of about $207.78, the property of the Army and 
Air Force Exchange Services.  Reduction to Airman, 30 
days extra duty, and a reprimand.  (No appeal) (No 
mitigation) 

e.  Additional: RIC, 16 AUG 04 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of  Sv:  TMS:  (01) Yrs  (09) Mos  (06) Das 
TAMS:  (01) Yrs  (02) Mos  ( 2 3 )   Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Frn  293) dtd 20 Aug  06. 

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

Discharge) 

ISSUES ATTACHED  TO BRIEF. 

ATCH 
1. Applicant's Issues. 

-. 

To Whom It May Concern: 

On  or around 20-Sept-04 

I  stole many items from the Base 
Exchange, At the time of  this incident I  wasn't  thinking  about how 
profoundly it would  affect my  future, my country, my  family, my unit, and 
all of  those who were involved. To be honest  I  wasn't  thinking at all. Had I 
used my brain I  would  not have done it to begin with. I  was young and 
very stupid 

I  have been separated from the Armed Services for about 20 months 

now. Many  things have changed for me. I  am a  little older and matured 
significantly. I  have been doing the best I  c a m v
- 
myself. This ii:Td&t-was 
anything again. 

the first and last time I have and ever wiil  steal 

 f w i l u  w t  jps&-f&=== . . - -  

Since my  separation I  feel lost. The only place I  feel I belong is in 
the Armed Services. Nothing  in  the civilian world  compares to the drive 
and since of  purpose the military gave me. I  do not belong in the civilian 
world. 

T o  conclude  this letter I would  first and foremost like to say how 

ashamed I  am for my actions. I  am applying for a change in  my re- 
enlistment code s o  that I  may rejoin the Armed  Services. I  ask that you 
consider the change of  my code from a two to a one, s o  that I  may once-- 
again have  the chance to serve in the Armed Services. T o  live and work in 
a  place I  can be proud  of. I  am asking for a chance to once again serve my 
country. 

Thank you for your time and consideration, 

Sincerely, 

-- - 

75STH AIR- 

hUlNTENANCE SQUADRON (ACC) 

DEPARTMENT OF 'L1BE AIR FORCE 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

SEP 1 6  2004 

MEMORANDUM FOR AMN~ ................................................ 
FROM:  755 AMXSICC 

SUBJECT: Notification Memorandum 

1,  I am recommending your discharge from the United States Air Force for Misconduct: A 
Pattm of Misconduct, Discreditable Involvement With Military or Civil Authorities.  The 
authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.50.1.  If my 
recommendation is approved, your service will be characterized as an Under Honorable 
Conditions (General) Discharge. 

2. My reasons for this action are: 

a On or about 16 Aug 04, you failed to report for duty as scheduled.  It was noted that you 

have been verbally counseled for being late on previous occasions and that being late has become 
a trend.  As a result, you d v e d  a Record of Individual Counseling (RIC)  on 16 Aug 04 
(Tab A). 

b.  On or about 26 Jul04, you wrongfidly appropriated two-1CiB memory sticks of a value of 
about $500, that was the property of the Army and Air Form Exchange Sedce.  Also, between 
on or about 26 Jul04 and 9 Aug 04, you stole an X-Box, two music compact discs, and various 
cleaning supplies, of a value of about $500, that was the properly of the Anny and Air F o w  
Exchange Service,  Finally, on or about 9 Aug 04, you stole three X-Box games, a Coleman 
lighter, a Kcrshaw knife, and a pair of Foster Grant sunglasses, of a value of about $207.78, that 
was the property of the Army and Air Force Exchange Senrice.  As a result, you received 
punishment under Article 15, UCMJ, on 26 Aug 04 (Tab B). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States Air Force and, if you 
are discharged, how your swim will be characterized. If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance 
funds may be subject to recoupment. The separation authority will make the findings and 
recommendations required under 10 U.S.C. Section 2005Cg). 

4,  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 Cap*& 
--------------- $t APLSAIADC, 228-5664, 
o n / ? &  
expense. 

hours.  You may consult civilian counsel at your own 

,at 

/43d 

5.  YOU have the tight to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 21 
~ 0 7 B  unlws you request and 
w i v e  an extension for good cause shown.  1 will send'them  to the separation authority. 

6, If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medicd examination,  You must report to PHA Clinic, 355th 
Medical Group on  /7 &ro 
8.  You have been scheduled for an initial outprocessing briefing.  You must report to the 
Military Personnel Flight (MPF), Sepamtions Element, building 2300, room 116, at 
//& 

for the outprocessing briefmg.  If you have questions, 

horns for the emmination. 

h o w  on  / 7 %/ 

, at 

i 2 9 5  

please call 228-5326. 

9.  Any personal information you M s h  in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at The Area Defense Counsel's OflFicu. 

10.  Execute the attached acknowledgment and return it to me immediately. 

C-......-.-.-....-.----.----..---------m 

Commander 

Attachrnenw 
1.  Supporting Documents: 

a RIC, 16 Aug 04 (2 pgs) 
b, AF Ponn 3070, Record of Nonjudicial Punishment P r o d n g s ,  26 Aug 04 (3  pgs), 

Member's Response, 25 Aug 04 (1 pg) and Supporting Evidence, (1 8 pgs) 

2.  Receipt of Notification Memorandum