AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAMI, OF SERVICE MEMBER (LAST, FIRS1' M1I)I)I.E INITIAL) 

TYPE  UOTH  I 

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PERSONAL APPEARANCE 

GRADE 

1  SRA 
IX  I 

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RECORDREVIEW 

AFSNISSAN 
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NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS ANI) OR ORGANIZATION OF COUNbEL 

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ISSUES 

A92.35 

INDEX NllMnER 

A75.00 

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EXNlBITS SIJBMITTED TO THE BOARD 

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UKDKK AI'I'OINTWG  THE BOARD 

AI'I'LICATION  FOR  FSVIEW UF IIISCHARGE 

1  LETTER 01' NO.I.IFICATION 
BRIEF OF PERSONNEL I'll .I? 

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PERSONAL APPEARANCE 

1  08 Mar 2007 

1  CASE NUMBER 
/  FD-2006-00356 

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&W% IIB%UC AND MI3 BOARD'# DBCtSlONAL KATIQNAL ARE DfSCUSSED nN THE dTTAWfD AIR FORCE DISCHARGE REVIEW ROARD'DP,CISIONAL RhTlbNALE 

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 s~~blnit an 
application to the AFBCMR. 

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

550 c S ? K M l  WkS 1,  SUI IE 40 
ICANI)Ol.I'I  I  AFH.  'TX 781 50-4742 

SFCRFTARV OF TllE AIR FORCE PERbONNhL COUNC I1 
AIR FORLE DlbCHAHLh KbVIFW ROARD 
1535 COMMAND DR, EE WINL, 3KU bLOOR 
ANDREWS AFB, M D  20762.7002 

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AFklQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will bc used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-003s6 

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

The applicant was offered a personal appcarance bei'ore  the Discharge Review Board (DRR) but declined to 
exercise this right. 

The attached brief contains available pertinent data on thc applicant and the factors lcading 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:  Applicant contends discharge was inequitable because it was based on one isolated incident in 52 
months of service with no other adverse actions.  The records indicated the applicant requested and received 
an Under Other than Ilonorable Discharge in Lieu of Trial by Court-martial. 'The  applicant was charged with 
having sexual intercourse with a minor and adultery. 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. 

CONCLUSIONS:  The  Discharge  Revicw  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requircrnents  of  the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the appIicant was provided full administrative due process. 

In view of the forcgoing findings the Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not bc changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA) 

(HGH  SRA) 

1.  MATTER TJNDER REVIEW:  Appl recld a UOTHC Disch fr USAF Wurtsmith AFB, MI on 
15 Jan 93 UP AFR 39-10, Chapter 4 (Triable by Court Martial).  Appeals for 
General Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Apr 71.  Enlmt Age: 17 3/12.  Disch Age: 21 8/12. Educ: HS DIPL. 

M-62.  PAFSC: 30452 -  Meterological Navigation 

AFQT: N/A.  A-67,  E-72,  G - 5 5 ,  
Systems Specialist. DAS: 12 Jun 90. 

b.  Prior Sv:  (1) AFRes 26 Jul 88 -  20 Sep 89  (1 yr 1 month 25 

days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 Sep 89 for 6 yrs. Svd: 03 Yrs 03 Mo 25 Das, all AMS. 

b.  Grade Status:  SrA -  4 Mar 92 

A1C -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  None 

e.  Additional: None. 
f .  CM:  None. 

g.  Record of SV: 21 Sep 89 -  29 Jul 91  Wurtsmith AFB  5  (Initial) 
30 Jul 91 -  29 Jul 92  Wurtsmith AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (05) Mos  (20) Das 
TAMS:  (03) Yrs  (03) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 05 Sep 06 

(Change Discharge to General) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 52 months of service with no other adverse action. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE  I  -  - 

HFIADQUARTERS 378W BOMB WlNQ  ACC) 
WuttTsMiTH AIR  m x e e  BASE, MICHIQLLN 

FROM:  379 C#/CC 

SUBJ:  ,Regu.e.~k..i.qr.D~g+h+~gfi-~?. 

Lieu of Tri.41  by Court-Marti-a1 -  S r A  1 ----------- 1 

30 Den 02 
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TO:  CC 

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following reasons: 

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a.  SPA 1 --------------- 

I  recommend that the attached requegt  for diaoharte be approved for tbe 

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: misconduct  with  the .15 year old daugbter of  anohher Air 
Forae  member  ie too ~ e r i o u n  to justify his continued  rervice in the his Force. 
His actions eesioualy call  into question his judgement, and are  prejudicial  to 
the maintenance  of  good a r d m  and discipline. 

b.  The  victim and her mather have expressed  their dcpire that they  be 
spared any further invalvement with the gove~nment's judlaibl syatam.  They 
havr requeeted that SPA: 
court-martial.  The viatim was  juet involved with a General Court-Martial, 
US v  Pierce, where she was  the primary  victim of  several ydora of child aexual 
abuse by  her  father. 

:be dealt with  in same oannh~r other than 

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a .   Acceptance of SPA 1 --------------- 

court-martial would  serve the interests of  the victim and the A ~ F  Force, 

:request for disaharge in lieu of 

If thir request  for discharge is approved, I  recommend ..that SPA 1 - - - - - - - - - - - - ; - - a  

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be  furnished an under other than honorable aonditiohs discharge.  SPA :..-..-..-..-: 
baa  not reaeived any promise  that he would not get  the worst authopized, 
discharge if  his diticharge is approved. 

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a.  Is not under  inveetigation. 

b.  I$  not awaiting action under  AFR  3O-30,  AFR  35-4,  or another eaotion 

of this regulation. 

,  , 

c.  Is not awaiting result of  trial. 

d.  Is not abaent without authority, 

e.  Is not absent in hands of  c i v i l   nuthoritiea. 

f.  Hae not been referred to a medical  facility  for emmiastion. 

g.  Is not  in default with respect to public  property  a p   public tunde. 

h .   Ha8 not  completed  16  or more yeard  of  active militaFy  srrviom. 

i.  I# not accountable or  responsible for publio propmrty or funds. 

4 .   There has not beeri  a report of  recent airconduct. 

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Court-martial charges  have been p ~ e f e r ~ e d .  Attaahed  are: 

a.  A  copy of  the eharged, DD Form  458,  Charge Sheet. 

b ,   Other  information or evidenae pertinent  to the case:  08I/SP 

Investigation. 

6.  At  the time of  the mieconduct, the a i ~ m s n  did not hrvt  a mental dleeaffe  or 
defect that cauued  him to lack the eub~tantial capacity s i t h c ~  to app~eoihte 
the criminality  (wongfulnens) of  the acts, or  to conform to tbr law (AFR 
160-42).  The a i r m n  pscssntly  has the capacity to underatend the nature of 
the proceeding8  and to asrirt in the defense. 

!does not hold  a B e ~ e r v e  of  the Air  Force appointment a r  a 

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7.  SrA  _..-..-.-..- 
commidsloned or warrant  officer. 

8.  Other  information: 

a.  Date and t ~ r a  o f   enlistment:  21 Sep 00,  6 years 

Date this period of  continuous rotive duty atarted:  21 Sep 89 
Peydate:  21 Sep 09 
21 Sep  89 
TAFMSP: 
Datea of p ~ i o r  Ierviae:  None 

b.  Date of  birth:  18 Apr 71 
c.  Teat saoree:  Adnin -  67, Elect -  72, Clen  -  55,  Mech,- 62 
d.  Formal  training:  None 

e.  Date asrigned unit:  12 Jun 00 

f.  Current grade and effective date:  SPA, 4 h r  92 

g.  Demotions:  None.  Member had  not  engaged  in any  misoonduct  prior to 

this incident  that would warrant demotion action. 

h.  Time lost:  ,None 

i.  Reeord of  diaciplinary actianr:  None 
. 

Overall rating# on enliattd performance  ~eports: 5  -  2Q Jul 81,  3  - 

2Q Jul  92. 

k.  Favorable communications, aitations, or awards:  A ~ P  Force Qood 

Conduct Medal, Air Forar Outetanding Unit Award, Hatfonal Dofenno 8erviar 
Medal, and the Air Forar Training Ribbon. 

1,  Derogatory data:  None 

m.  Medical  or other data writing conalderation:  Hone 

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Commander 

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2 ,Atah 
1.  AF Form 458 
2.  081  Inveatig4tion