AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

NAME OI COIJNSEL ANI) OR ORGANIZATION 

ADDRESS AND OH ORCANIZA 1'1ON  OF C'OIINSEL 

MEMBER SITTING 

VOTE OP'fHE BOARD ~- 

GEN TUG 

I OTH~I<--D~NY 

HON 

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

SRA 

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TYPE  GEN 

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ISSUES 

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A94.05 

(  HCAhINC D,\TE 
15 Mar 2007 
APPUCAN I"S lSSUE ANDTME. BOARD~S DIICrSKOWAI, R4VONAL ARE DfSCUSSBD ONTElE AVAL'HED AIR FORCt I3ISCHAROB RBYlEW ROAW DBCISIONAL RA'fl0NAL.E 

I  CASE NUMBER 
3D-2006-00383 

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 subinit an 
application to the AFBCMR. 

1 

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SAFIMRBR 
550 C STREET WI'SI',  SlllTE 10 
RANDOI .PI I AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SECRL1 AHI' OF TllE ,\1R  FORC'L PFhSOY\EL  C'OI hCII. 
41k FORCE DISCHARGE REVIEU  BOAHU 
IS35 COV\IA\D  DR. LL \\ IYC. JRD FLOOR 
ANDREWS AFB. MU 20162-7002 

I 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLIMRER 

F~-20()6-00383 

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

'I'he 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:  The  applicant  contends  his  discharge  was  inequitable  because  it  was  too  harsh.  The  records 
indicated the  applicant  received  an Article  15 for  stealing a bullet proof  vest  and  Sony Cyber Shot Digital 
camera valued at $1094.00.  The Board concluded the n~isconduct 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  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 A'FB,  MD 

(Former SRA)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Mac Dill AFB, FL on 14 
Jan 04 UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Sep 75.  Enlmt Age: 18 9/12.  Disch Age: 28 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-74,  G-76,  M-67. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 20 May 99. 

b.  Prior Sv: (1)  AFRes 29 Jun 94 -  13 Dec 94 (5 months 15 

days) (Inactive) . 

( 2 )   Enlisted as AB  14'Dec 94 for 4 yrs.  Svd:  4 yrs 0 
months 0 days, all AMS.  A m  -  Unknown.  A1C -  14 Apr 96.  SrA -  11 Nov 98. 
EPRs: None. 

6 days  (Inactive) . 

(3)  Transferred inactive Reserves 14 Dec 98.  Svd: 2 months 

months 21 days  (Inactive). 

( 4 )   Enlisted ANG  as SrA on 20 Feb 99 for 6 yrs.  Svd:  2 

Dec 02 for 1 month.  Svd:  3 yrs 11 months 27 days, all AMS.  SSgt -  1 Feb 0 3 .  
EPRs: 5,3,3,3. 

(5)  Enlisted USAF as SrA on 11 May 99 for 4 yrs.  Extended 9 

ART 15:  18 Apr 01,  Ali A1 Salem, Kuwait -  Article 86.  You, did, 

on or about 26 Feb 01, without authority, fail to go at 
the time prescribed to your appointed 
place of duty, 
to wit:  Lessons learned briefing with 386 ESFS/CC. 
Suspended reduction to A1C.  Forfeiture of $150.00 pay 
per month for two months, and 15 days extra duty.  (No 
appeal) (No mitigation) . 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt on 8 May 03 for 5 yrs 2 months. Svd: 00 Yrs 08 Mo 07 

Das, all AMS. 

b.  Grade Status:  SrA -  10 Sep 03  (Article 15, 10 Sep 03) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 Sep 03, Kirkuk AB, Iraq -  Article 121.  You did, at 
or near Kirkuk AB, Iraq, between on or about 15 Aug  03 
and on or about 27 Aug 03, steal a bullet proof vest and 
Sony Cyber Shot digital camera, military property, of a 
value of about $1094.00, the property of the United 
States Air Force.  Reduction to SrA, and forfeiture or 
$500.00 pay per month for 2 months.  (No appeal)  (No 
mitigation) 

e.  Additional: None. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFAM W/1 BOLC, AFTR, AFESAR W/1 BOLC, NDSM W/1 BS, 

NCOPMER, AFOUA, AFGCM . 

i.  Stmt of Sv:  TMS:  (09) Yrs  (06) Mos  (16) Das 
TAMS:  (08) Yrs  (08) Mos  (04) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Sep 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

fP/aasa read instructions on A g e s 3  and 4 BEFORE completing this application,) 

Form Appmwd 
OMB No. 0704-0004 
Exphs dug 3 1,2GQ6 

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BACK OF THIS PAGE. 

PRJVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL WRPOSE(S1:  To apply for a change In ma characterizntion or reason for military discharge issued to an individual. 
ROUTINE USE(6):  None. 
DISCLOSURE:  Voluntary; however, failure to provldm identifying Information may impede processing of thir application.  The request for 
Social SecuriN Number is avictlv to assure proper identification ot the Individual and avwo~riate records. 
1.  APPUCANT DATA  (The person whose discharge /s to k reviewad).  PLEASE PRINT OR lYPE INFORMATlON. 
m.  BRANCH OF SERVICE  IX om)  1 

I MARINE  COWS 

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3.  UNIT AND LOCATlON AT DISCHARGE 
OR SEPARATION 
L V 5 . .   -  * -  

Q E N E R W D E R  HONORABLE CONDITIONS 
UNOER OTHER THAN HONORABLE CONDITIONS 
BAD COWUCT  Ispochl couft-mankI only) 
UNCHARACTERIZED 
OTHER IEx&lnl 

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C H A W E T O ~
HONORABU CONDITIONS 
CHANGE TO UNCHARACTERJZED 
lNm a p p h b h  for Ak Farce) 
CRANOE NARRATIVE REASON FOR 
SEPARATION TO: 

2.  ~ A E  

OF D I ~ H A R G E  OR SEPARATION 1 4.  DISCHARGE CHARACTERIZA~~ON RECEIVED IX om] 

----I-------------------- 

5. .BOARD ACNON REQUESTED (X one 

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1 7. (Xif app/icabli) AN  APPLICATION WAS PREVIOUSLY SUBMITTED ON ( W M M D D I  
I  AND THIS FORM IS SUBMIlTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR EVIDENCE. 
I/ mUh4ry documents or  medkal records .re  rckvanr  to your came,  please  send coplcs.) 

8.  IN SUPPORT OF THIS APPLICATlON,  THE FOLLOWING AlTACHED DOCUMENTS ARE SUBMIllED AS NIDENCE: (Continue in kern  17. 

-.  - 

9.  ,TYPE  OF REVIEW REQUESTED (X one) 
r I  I CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL F I E  AND ANV  ADDITIONAL DOCUMENTATION 
a I SUEMITTED BY ML  I AND/OR  Ieoutuel*sprassnl.fhrsletbth  WILL NOT &FEAR BEFORE THE BOARD. 
I I AND/OR I c o u ~ p n a m t s t h )  Wl8H TO APPEAR AT A  HEARlNQ AT NO EXPENSE TO THE QOWNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  METROWUTAN ARE& 
I AND/OR ~cw-s~tati+ 

WISH TO APFEAR AT A HEARINQ AT NO EXPENSE TO THE QOVERNMENT BEFORE A TRAVELING PANEL CLOBESt TO 

I 

lSse Item  10 of  rkm imt~eilon. about ~ ~ u ~ ~ & r n a t & l

 

0.  E-MAIL 

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11.  APPLICANT MUST SIGN IN ITEM 13,c BELOW.  If the record in qumstlon ia that of a demasod or lmompetant p m n ,  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  It the an~llcatlon ia aianod bv other than the mpllcant,  idlcate 
the name Ip~fntl 
SPOUSE 

and miat140'hlp  by mwkln-g  8 box below. 
LEGAL  REPRESENTATIVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

. . 

12.1.  CURRENT MAILING ADDRESS OF APPLICANT OR  PtRSON ABOVt 

b., dUFliQCENUWIER hGFde *ma  Code) 

I 

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e.  6MAL 

y cldm, with ful knowlad  of the 
(U.S. Code, Tlte 18, sectgns 287 
or imprisoned not more than 5 years, 
b.  DATE SIGNED - REQUIRED 

lYWYMMDD1 

CASE NUMBER 

/Do nvi write in thls space.) 

DD Fo@  293. MAR 2004 

IOUS EDITIONS ARE OBSOLFTE. 

Page 1 of 4 Page 

16. CONTlNUATlON OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 

16. REMARKS (If applicable) 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis, MO  831 32-6200 
(See http://arba.arrny.pentagonRmil), . 
. 

, 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
650-C Street West, Suite 40 
Randolph AFB,  TX  781 60-4742 

DD FORM 293, MAR 2004  . 

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NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard, DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WP.M) 
2100 Second Streat, S.W.  Room 5600 
Washington, DC  20693 

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Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

Snr AIR MOBILITY WING (AMC) 
MACDILL, AIR  IMIRCE BASE FLORIDA 

FROM: 6 SFSICC 

SUBJECT: Notification Memorandum-Board  Hearing 

1.  I am recommending your discharge fiom the United States Air Force for commission of a 
serious offense.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.52.3. 
If my recommendation is approved, your service will be characterized as under honorable 
mnditions (general). 

2.  My reasons for this action are as follows:  Between on or about 15 August 2003 and on or 
about 27 August 2003, you stole a bulletproof vest and a Sony Cyber Shot digital camera, both 
of which belonged to the Air Force.  The camera was valued at $1,094.00.  This conduct 
occurred in the deployed area during a time of conflict.  Commission of a serious offense is 
grounds for discharge when the Manual for Courts-Martial (MCM) authorizes a punitive 
discharge for the same or substantially similar offense.  A punitive discharge is authorized by the 
MCM for larceny of military property valued over $500.00.  This incident resulted in 
Nonjudicial Punishment under Article 15, UCMJ, dated 10 Sep 03.  This document was placed in 
your Unfavorable Information File on 12 Sep 03 (Tab B). 

3,  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial (SPCM) 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the 
Air Force.  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. 

4.  You have the right to: 

a.  Consult legal counsel. 
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. 

AMC - GLOBAL REACH FOR AMERICA 

5.  You have the right to consult counsel.  Military counsel 
have made an appointment for you to consult Captain i 
Instead of the appointed counsel, you may have another counsel, if the lawyer is in the active 
military service and is reasonably available as determined in accordance with AFI 5 1-20 1, 
Administration of Military Justice.  You may consult civilian counsel at your own expense. 

has been obtained to assist you.  I 

ion 10 Oct 03 at 1000. 

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

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6.  If you waive the above rights, you may submit statements in your behalf in addition to, or in 
lieu of, the board hearing.  Any statements you want the separation authority to consider must 
reach me by  I( /OC 7 03  unless you request and receive an extension for good cause 
shown.  I will send them to the separation authority. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you 
choose to exercise.  The statement must also be signed by your military legal counsel.  If you 
waive your right to a hearing before an administrative discharge board, you may submit written 
statements in your own behalf.  I will send the statements to the discharge authority with the case 
file to be considered with this recommendation.  If you fail to respond your failure will constitute 
a waiver of the right to the board hearing. 

8.  You have been scheduled for a ~nedical examination.  You must report to the 6th Medical 
Group Hospital - Physical Exams, at 1040 hours on 16 Oct 03 for the examination.  You must 
report to the Physical Exams Section 30 minutes prior to pick up your DD Form 2697. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the orderly room. 

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

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

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~dnmander, 6th Security Forces Squadron 

Attachments: 
a.  Respondent's Acknowledgment 
b.  Record of Nonjudicial Punishment Proceedings, dated  10 Sep 03