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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

NAME OF COIINSEL AND OR ORGANIZATION 

RECORD REVIEW 

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AUDRESS AND OR ORGANIZATION OF COUNSEI. 

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INDEX NUMBER 

A67.10 

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EXHIBITS SUBMITTED TO THE BOARD 

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ORTIER APPOIN.1 ING THE BOARI) 

APP1,ICATION  FOR REVIEW 01: DISCHARGE 
LE1'1'kR  OF NOTIFICATION 

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3 
4  1  BRlEF OF PERSONNEL FI1.E 

1  COUNSEL'S  RELEASE TO THE BOARD 
I  AI)IlITIONAL  EXHIPI IS SIJBMITTED AT TIME OF 

PERSONAL AI'I'EARANCC 

/  TAPE RBCC)RDING OF PERSC)NAL AI'PEAR4NC:F.  I IEAKING 

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IbbLlES 

A94.05 

1  15 Mar 2007 

'APPLEANT'S l$$UB AND THE BOARD'S DECBlElNAZ RAYIONAI.  ARE'DfSCUSSBD ON 1 HE ATTACHED AIR FWACE DlSCHARGE RFIVIEW BO'ARD  DECISIONAI, RATIONALE 

1  FD-2006-00435 

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Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMII. 

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

X- Upgrade to discharge to honorable, change the reason for discharge, and to change the reenlistment eligibility 
code are denied. 

SAFIMRDR 
550 C STREET WEST, SUl7'E 40 
IIANL)OI.,PI I  AFH, TX 781 50-4742 

5EC'KCTAHY OF  I H E  %IN bOHCF PFRSOVlrEL C O I h C I L  
AIR FORCE DISC'HARGL RC\ I E H  HOAlll) 
1535CO\lMAhD  DR. L E  H l h t i .  3HI) t I OOR 
ANDHEWS AFB. M U  20762.711112 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00435 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable.  to  change  the  reasoil  and 
authority for the discharge, and to change the reenlistment code. 

"The applicant was oSfered 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:  The  applicant  contends  his  discharge  was  inequitable  because  it  was  too  harsh.  The  records 
indicated the applicant received three Article  15s for misconduct.  The misconduct  included  making a false 
official  statcrnent  about  a  check  that  was  missing  from  another  airman's  checkbook,  writing  a  check  to 
himself  using  thc  same  missing  check  and  forging  the  other  airman's  signature  to  the  check,  failing  to 
correctly process  a bag  of United  States mail,  and  hiling to perform  the  duties of Bay  Ordcrly. The DRR 
opined  that  through  these  administrative  actions,  thc  applicant  had  ample  opportunities  to  change  his 
negative behavior.  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  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of  the  discharge  regulation  and  was  within  the  discrction  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 dischargc should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McGuire AFB, NJ on 15 
Nov 01 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, to Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 5  May 82.  Enlmt Age: 18 1/12.  Disch Age: 19 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-32,  E-52,  G-62,  M-33. PAFSC: 8M00 -  Postal Apprentice. 
DAS: 29 Nov 00. 

b.  Prior Sv:  (1) AFRes 15 Jun 00 -  04 Jul 00 (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  5 Jul 00 for 4 yrs. Svd: 01 Yrs 04 Mo 11 Das, all AMS. 

b.  Grade Status:  AB  -  2 Aug 01 (Article 15, 2 Aug 01) 

A m  -  5 Jan 01 

c.  Time Lost:  None 

d.  Art 15's:  (1) 10 Oct 01, Vacation, Rhein-Main AB, Germany -  Article 

92.  You, who knew of your duties, on or about 9 Oct 01, 
were derlict in the performance of those duties in that 
you negligently failed to perform duties as Bay Orderly 
in the unit dormitory at 0730, as it was your duty to 
do.  Restriction to Rhein-Main AB, Germany for 21 days. 
(No appeal)  (No mitigation) 

(2) 13 Sep 01, Vacation, Rhein-Main AI3, Germany -  Article 

92.  You, who knew of your duties at Rhein-Main AB, 
Germany, on or about 29 Aug 01, were derelict in the 
performance of those duties in that you willfully  failed 
to correctly process a bag of U.S. mail, as it was your 
duty to do.  Forfeiture of $300.00 pay.  (No appeal) (No 
mitigation) 

(3) 2 Aug 01, Rhein-Main AB, Germany -  Article 107.  You 

did, on or about 26 Jun 01, with intent to deceive, make 
to TSgt : 
; 469 ABG Security Forces, an 
official statement, to wit: that you did not know 
anythinq about the missins check number 1036 belonaina 
to ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

..................... 
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d 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' I  

false, and was then known by you to be so false. 
Article 123.  You did, on or about 13 Apr 01, with 

which statement was totally 

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intent to defraud, utter a chertain check in the - - - - - - - - - - , 
following words and figures, to wit: payable to ;---------: 
-.-........-.-. 
the signature to which said check number 1036 
:.-.-........-:' 
was, as vou then well knew, was falselv made and which 
was ' used* to the legal harm' of b......-.-.-.......------------!t 
'  in 
that the check for two hundred fifty dollars was cashed 
without his knowledge.  Reduct ion to AB .  Suspended 
forfeiture of $300.00 pay.  Restriction to the limits of 
Rhein-Main AB, Germany to include the Medical Clinic and 
Gateway Gardens Housing Area for 21 days  (suspended). 
Fourteen days extra duty.  (No appeal) (No mitigation) 

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

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

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOSSTR 

i.  Stmt of S v :   TMS: (01) Yrs  (05) Mos  (01) Das 
TAMS: (01) Yrs  (04) MOS  (11) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 30 Oct 0 6 .  

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 149. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

IPlease read Instructions on FTsges 3 md 4 BEFORE completing this epplicntion.) 

I  Form Appmved 

OM8 No. 07W000.4 
Expires Aug  3 1.2006 

DISCLOSURE  Voluntary; however, failure to provide identifying information may impede proceasin~ of this appllcation.  The request for 

I  AND THIS FORM IS SUBMWED TO ADD ADDITIONAL ISSUES. JUSTIFICATION, OR  EVIDENCE* 
It militsw diutmnrs or madicol records h a  rdevmf  to your cam, ~ ~ B # O B  send coplap.) 

8.  IN SUPPO#T OF TH1S APPLICATION, THE FOLLOWINQ ATTACHED DOCUMENTS ARC SUBMITTED AS EVIDENCE (Continue in hm 17. 

[ 
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9.  TYPE OF REVIEW REQUESTED IX one) 

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CONWCT A RECORD REVIEW OF MY  D l S W R Q L  BASW ON MY kllLlTARY PERSONNEL FIE AN0 ANY ADDITIONAL WCUI)IIENTATION 
SUEMITIED BY  ME.  I AND/OR t m u n s e U r ~ r a n t ~ t k a I  UlKL NOT APPEAR BEFORE THE BOARD. 
I AND/OR  /counse&a%~rascntatlv~l WlSH TO APITUI AT h HURINQ AT NO  EXPENSE  TO THE BOVERNMENT BEFORE  M E  BOARD IN W E  
WASHINGTON, D.C.  M ~ O P O L I T A N  AREA. 
I ANDiOR I c o u ~ ~ e n n r l v a l  WlSH TO APPEAR  AT A HEARlNQ AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVBUNO PANEL CLOSEST TO 
{NOTE:  Tho Navy Discharge Review Board do-  mt haw  a tmvmUng pmd.) 
(enter city and stata)  , 

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/See Item 10 of the imtrucrhns about counso~mpm$~~fotlve.l 

10.0. COUNS s MsER fItw&d. Ama Coda 
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d.  FAX  NUMBER  (Include Awn  Code) 

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0,  EMAIL 

13.  CERTIFICATION. 

I make th fomgoing atntamenta, am  part of my clalm, with full knowkdqm of tho 
paneltior involved for willfully making a falam atasment or cblm.  (U.S.  Code,  m I ~  18, Secttons 287 
and  1001, pmvjde that an individual shell be fined under t h ~ s  title or imprisoned not more then 6 yaws, 
or both./ 

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a.  SIPNATURE  REQUIRED (Applkmt or perscn in hsm  11 rbovd 
obT6KH  .* g3,. -MxK zd 

b 

IY WYMMOD) 

b.  DATE SIONED - REQUIRED 
I  260L/It7 

PREVIOUS EDITIONS ARE OBSOLETE, 

CASE NUMBER 

(Do not write in this specs.) 

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