AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

... 

NAME OF SERVICE MEMBER (LAST, FIHSI' MIDDLE INITIAL) 

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

.------------------------. 
TYPE  GEN 
C(/UNSEL 

PERSONAL APPEARANCE 

NAME 01.  COUNSEL AND OR ORGANIZATION 

GRADE 

AMN 

- - - - - - - - - - - - - - ,  

b...-....-..-.: 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

YES 

No 

X 

MEMBER SITTING 

.'"" ' ?  

-" 
HON 

I 

VOTE OF THE BOARD 

I  0 I  I-IER 

I 

DENY 

GEN  --  1 

IJOTHC 

I 1 

I 

I 

ISSUES 

A94.05 

I 

INDEX NUMBER 

A67.30 

HEARING DATE 

I 

I 

I 

I 

I 

I 

EXHWBITS S U B W L P  TO THE BOARD 

I  ORDEK APPOINTING TI IE BOARD 
1  APPLICA.I'ION  FOR REVIEW OF DISCHARGE 

I 
2 

LETTER OF NO I'IFICATION 

PERSONAI. APPEARANCE 

I  TAPE RICOKDMG OF PERSONAL APPEARANCE HE 

20 Mar 2007 
APPLICAWS ISSUE AND ME, BOARD'S DEClSlOplAL RATIONAL ARE DISCt!SSED  ON TH6 AlTACHED  AIR  FORCE DISCHAROE REVlEW BOARD DECISIONAL R A T I O N A ~ ~  

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. 

*  Reason and Authority 
+  Reenlistment Code 

C . - . . . . - . . . . - . . - . - . . - . - . . - . - . . - ; , . . 7 . , . . - . . . . - . . - . - . . - . - . . - . - . . 7 . - . . - . . V - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

550 C STREET WEST, SIJITE 40 
RANDOLPH AFR, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

IXDORSEMENT 

FROM 

DATE:  3/26/2307 

SECRETARY OF THE AIR  FORCE PERSOhhLL C'Ollh'CII. 
AIR  FORCE DISCllARGE  RE\ IEH  HOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

AIR FORCE DISCHARGE REVTEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00396 

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: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident. 
The records indicated the applicant received an Article  15 for misconduct.  The applicant received an 
Article  15 for presenting a fraudulent clainl for loss against the United States in the amount of $297.97. 
The Board concluded the applicant's  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 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)  (HGW A1C) 

1.  MATTER  UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Goodfellow AFB, TX on 1 
Apr 92 UP AFR 39-10, para 5.49C (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for  Disch. 

2.  BACKGROUND: 

a. DOB: 1 Mar 69.  Enlmt Age: 20 7/12.  Disch Age: 23 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-94,  G-88,  M-83. PAFSC: 20813A -  Slavic Cryptologic 
Linguist Helper -  Russian.  DAS: 5 Sep 91. 

b.  Prior Sv: (1) AFRes 18 Oct 89 -  11 Jan 90 (2 months 24 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Arnn  12 Jan 90 for 4 years. Svd: 02 Yrs 02 Mo 20 Das, all 

AMS . 

b.  Grade Status:  A m  -  28 Jan 92  (Article 15, 28 Jan 92) 

AZC  -  12 NOV 90 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 28 Jan 92, Goodfellow AFB, TX -  Article 132.  You did, 

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

on or about 21 Nov 91 by presenting a claim for loss, to 
wit: AF Form 180 to Capt :-----------------------:I an officer of 
the US duly authorized to approve such claim, present 
for approval and payment a claim against the US in the 
amount of two hundred and ninety-seven dollars and 
ninety-seven cents  ($297.97), for private property 
alleged to have been lost in the military service which 
claim was false and fraudulent in the amount of one 
hundred and seventy-nine dollars and ninety-seven cents 
($179.97) and was then known by you to be false and 
fraudulent.  (No appeal)  (No mitigation) 

Additional :  None. 

e. 
f .  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (05) Mos  (14) Das 
TAMS: (02) Yrs  (02) Mos  (20) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Sep 06. 

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

for Discharge.) 

Issue 1:  I am requesting my discharge characterization, the authority for 

discharge and re-enlistment code be changed.  See continuation at item 14. 

Issue 2:  My discharge was inequitable because it was based on one isolated 

incident in over 28 months of service with no other adverse action. 

Issue 3:  My discharge was improper because the only incident constituting 
the basis for discharge did not amount to "serious or recurring misconduct" as 
required under AFI 36-3208.  Additionally, I was never given any opportunity for 
probation or rehabilitation.  As a result of my Art 15, I was reduced in rank 
and fined.  I was then immediately discharged with a General discharge 
characterization. 

Issue 4:  Assuming my discharge was improper, my re-enlistment code should 

be changed to reflect continued eligibility to serve in the military. 

ATCH 
1.  Report of Investigation 
2.  College Transcript. 
3.  Three Character Letters 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 3495TH TECHNICAL TRAINING GROUP (ATC) 

GOODFELLOW AIR FORCE BASE TX  76908-5000 

REPLY TO 
AlTN OF:  3495 TCHTS/CC 
suw_EcT: +kAzLficat.ion Letter 

2 8 FEB  1992 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

To  Amn : '.-..-....-..-..-..----------------------------------------' 

1.  I am recommending your discharge from the United States Air 
Force for Other Serious Offenses.  The authority for this action is 
AFR 39-10, para 5-49c.  If my recommendation is approved, your 
service will be characterized as honorable or general.  I am 
recommending your service be characterized as general. 

2.  My reason for this actions is that you did, at Goodfellow Air 
Force Base, Texas, on or about 21 November 1991, by presenting 
I - - - - - - - - - - - - - -   a 
claim for loss, to wit:  Air Force Form 180 to Captain ,....-..-..-.; 
----------- :  an officer of the United States duly authorized to approve 
: ..-.. ....a' 
such claim, present for approval and payment a claim against the 
United States in the amount of two hundred and ninety-seven dollars 
and ninety-seven cents ($297.97), for private property alleged to 
have been lost in the military service which claim was false and 
fraudulent in the amount of one hundred and seventy-nine dollars and 
ninety-seven cents ($179.97) and was then known by you to be false 
and fraudulent. 

3.  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 the Area Defense Counsel, at Bldg 104, on 3  lY')q&ff 
1992, 
at ~ 3 0 0  

4.  You have the right to submit statements in your own behalf.  Any 
statements you want the separation authority to consider must reach 
me by  1330  gh&1992  unless you request and receive an extension 
for good cause.  I will send them to the separation authority. 

5.  1f: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. 

6.  You have been scheduled for a medical ex mination.  You must 
report to the GTC Clinic at 0730 on  4 mM&f 
examinat ion. 

1992 for the 

7.  Any personal information you furnish in rebuttal is covered by 
the Privacy Act Statement as explained in AFR 39-10, Atch 2.  A copy 
of AFR 39-10 is available for your use in the Orderly Room.