AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 

'OUNSEL 

YES 

No 

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PERSONAL APPEARANCE 

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NAME OFCOUNSEI, ANI>OHOHGANI%ATION 

GRADE 

SRA 

L..............: 
RECORD REVIEW 

X 
ADDRESS AND OR OHCANIZATION OF COUNSKI. 

AFSNISSAN 
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MEMBER SITTING 

HON 

I - 
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UOTHC 

OTHER 

GEN 

VOTE OF THE BOARD 

I  DENY 

1 

X 

X 

X 

X 

X 

7 

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ISSUES 

A94.05 

INDEX NUMBER 

A67.90 

HEARING DATE 

CASE NUMBER 

1 
2 
3 
4 

EYHIBITS SIMM1TT&D TO THE BOARD 

ORDER API)OWTWG THE BOAKLl 

4PI'I.ICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF YERSONNEL FILE 
COUNSI-,I,'S RF.L.EASE TO THE I3OAK13 
ADDITIONAL FXlIIBI'1S SUBMITTED A I 
PERSONAI. APPEARANCE 

I  I M t  OF 

I APE RECORDING  OF PERSONAL APPEARANCE I-IF 

I 

13 Mar 2007 
APPLICANT'S ISSUE AND THE BOARD'S DECISIOUAI. RATIONAL ARE DISCUSSED ON THE ATACHED AIR FORCE DISCHARGE WVIEW BOARD DECISIONAL R4TLONAI.F 

FD-2006-00380 

I 

I 

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. 

' 

1 

SAFIMRBR 
550 C STREET WEST, SllITF 10 
RANDOLPH AFB, TX 78 150-3732 

h t C R t l , \ H I   OFTHE AIR FORCE P t R S O I I E I  COI'YCIL 
AIR FORCE DIhCH4KLE REVIF\\  BOARD 
I S I S  COMMAYD D R , t t  Wl*rc. 3RD F I  OOR 
ANDREWS AFB. ~ ~ ' 2 ~ 7 6 2 - 7 1 ~ 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLlMBER 

FD-2006-00380 

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: 

Applicant contends discharge was inequitable because it was too harsh and based on an isolated incident 
after over  1 1 years of honorable service.  The records indicated the applicant received an Article  15 for 
misconduct.  The Article  15 was for developing a personal relationship with and accepting sexual favors 
from an Airman First Class trainee, within the same training organization.  EJe  was punished with a reduction 
in grade to Senior Airman and suspended forfeiture of pay for two months.  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. 

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  substailtive  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  A I R   FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA) (HGH SSGT) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Keesler AFB, MS on 24 
Apr 98 UP AFI 36-3208, para 3208, para 5.50.2 (Pattern of  Misconduct -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 12 Nov 67.  Enlmt Age: 18 7/12.  Disch Age: 30 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-85,  G-90,  M-68. PAFSC: 1W051A -  Weather Forescaster 
Journeyman.  DAS: 8 Nov 97. 

b.  Prior Sv: (1) AFRes 19 Jun 86 -  15 Dec 86  (5 months 27 days)(Tnactive). 

(2) Enlisted as AB 16 Dec 86 for 6 years.  Extended 8 Jun 89 
for 1 month.  Reenlisted as SrA 10 Mar 92 for 4 years.  Extended 18 Mar 94 for 1 
month.  A1C  -  3 Feb 87.  SrA -  Unknown.  SSgt -  1 May 93.  APRs:  9,9.  EPRs: 
4,4,5,4,5,5,5. 

3.  SERVICE UNDER  REVIEW: 

a.  Reenlisted as SSgt 2 Feb 96 for 6 years, Svd: 02 Yrs 02 Mo 23 Das, all 

AMS . 

b,  Grade Status:  SrA -  20 Mar 98 (Article 15, 20 Mar 98) 

C.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Mar 98, Keesler AFB, MS -  Article 92.  You did, 

between on or about 1 Jan 98 and on or about 11 Mar 98, 
violate a lawful general regulation, to wit: paragraph 
4.1 AETCR 30-4, dated 20 Jan 92, by wrongfully 
developing a personal relationshi2 
sexual favors fra-n A1C I ............................. 
within the same training organization.  Reduced to SrA. 
Suspended forfeiture of $716.00 pay per month for 2 
months.  (No appeal) (No mitigation) 

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with and accepting 

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

I  a trainee 

:I 

e.  Additional: None. 

f ,   CM:  None. 

g.  Record of SV: 07 Apr 95 -  06 Apr 96  McGuire AFB  5  (Annual) 
07 Apr 96 -  06 Apr 97  McGuire AFB  5  (Annual) 
07 Apr 97 -  02 Oct 97  McGuire AFB  5  (CRO) 

h.  Awards &  Decs:  A M ,   AFAM W/2 OLC, AFCM, ACM, AFLSA W/1 OLC, AFTR, 

SWASM, AFOSLTR, NDSM, HSM, BMTHGR, SAEMR, NCOPMER, AFEM, NATOM, AFOUA W/2 OLC, 
JMUA,  AFOEA, AFGCM W/2 OLC . 

i.  Stmt of Sv:  TMS:  (11) Yrs  (10) Mos  (06) Das 
TAMS: (11) Yrs  (04) Mos  (09) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Sep 06, 

(Change Discharge to Honorable) 

Issue 1:  My discharge was based on an isolated incident after 11 years and 

4 months of honorable service with no other incidents on my records. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

AIREDUCATIONANDTRAININQCOMMAND 

.......................................... 
MEMORANDUM FOR SrAi .......................................... 

FROM:  334 TRSICC 

i' 

SUBJECT:  Notification Memorandum-Board  Hearing 

1.  I am recommending your discharge from the United States Air Force  according to AFPD 36- 
22 and AFI 36-3208 for Conduct Prejudicial to Good Order and Discipline under the provisions 
of Chapter 5, Section H, Paragraph 5.50.2. Copies of the documents to be forwarded to the 
separation authority to support this recommendation are attached. 

2.  My reasons for this action are:  Between on or about 1 Jan 98 and on or about 11 Mar 98 you 
did violate a lawful general regulation, AETC 30-4 and you were given an Article 15 for 
violation of Art  92 of the UCMJ in that you wrongfully developed a a personal relationship with 
and accepted sexual favors from a female student.  (Atch 1, Appendix A) 

3.  This action could result in your separation with an under other than honorable conditions. I am 
recommending that you receive a general discharge.  The commander, 8 1st Training Group or 
higher authority will decide whether you will make the final decision in this matter.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force and will probably be denied 
enlistment in any component of the armed forces and any special pay, bonus, or education 
assistance funds may be subjected to recoupment. 

4.  You have the right to: 
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b.  Present your case to an administrative discharge board. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing, 
e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

3sL 

at Bldg 0701, Room 124, on  5 5 '   at  s b  hours. 

5.  Military legal counsel has been obtained to assist you.  I have made an appointment for you to 
consult 
Instead of the appointed counsel, you may have another, if the lawyer you request is in the active 
military service and is reasonably available as determined according to AFI 5 1-20 1. In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employid, must be 
readily available. 

be considered with this recommendation. If you M to respond, your failure will constitute a waiver of 
the right to the board hearing. 

7.  You must report to Physical Exams with your medical records 10 Apr 98 at 0700 for a 
medical  examination. 

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8.  Any personal information you finish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFI 36-3208 is available for your use in Bldg 4202, Rm 127. 

9.  If you request a board and you fiil to appear without good cause, your failure to appear constitutes 
a waiver of your right to be present at the hearing. 

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

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Appendices: 
AF FORM 3070, dtd 20 Mar 98 

Commander