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
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1
'IC@yNaEL I NAME OF COUNSEL AND OR ORGANIZATION
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PERSONAL APPEARANCE
GRADE
1 A l C
I x I
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I
AFSNISSAN
RECORDREVIEW
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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
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