AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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GEN 

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PERSONAL APPEARANCE 

I  GRADE 
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IX  I  RECORDREVIEW 

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NAME OF COUNSEI.  AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

ES 

No 

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INDEX NUMBER 

A67.10 

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1 
2 
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IEARINC DATE 

CASE NUMBER 

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EXHIBITS SUBMlTTEQ TO THE BOAfW 

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ORDER APPOINTWG THE BOARD 
APPI.ICA'I'ION  FOR  REVIEW OF DISCHARGE 
L.YTT'EK O F  NO'I'IFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

:4 May 2007 
S P L I G S T ' S  ISSUE AND THk BOARD'S  DECISIONAL R4TlONAL ARE DISCUSSED ON TH6 ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2007-00020 

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:ase heard in  Washington, D.C. 

~dvise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to submit an 
pplication to the AFBCMR. 

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

SAFIMKBR 
550 C STREET WEST, SUITE 40 
RANDOLPI-I AFH, TX 781 50-4742 

SECRETARY O F  THE AIR  YORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGF REVIEW BOARD 
1535 COMMAND OR, EE WING, JRD FLOOR 
ANDREWS AFB, MD 20162-7002 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00020 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 and three Letters of Reprimand for misconduct.  The applicant received an 
Article 15 for unlawfully striking a child under the age of 16 on the leg and buttocks with a belt.  He was 
punished with a forfeiture of pay and 30 days of extra duty.  He had additional misconduct and was 
administratively disciplined for a civilian charge of violating a protective order, puncturing his wife's tires, 
disturbing the peace, domestic violence, and failure to pass his QC evaluation which resulted in him losing 
his Response Force Leader Certification.  The DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negative behavior.  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 DISCHARGI? REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SPA) (HGH SPA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Malmstrom AFB, MT on 1 
Dec 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Jun 84.  Enlmt Age: 17 2/12.  Disch Age: 21 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-34,  E-36,  G-49,  M-41. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 28 Jul 02. 

b.  Prior Sv:  (1) AFRes 27 Sep 01 -  26 Feb 02  ( 5   months) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 27 Feb 02 for 4 yrs. Svd: 03 Yrs 09 Mo 03 Das, all AMS. 

b.  Grade Status:  SrA -  27 Jun 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Aug 05, Malmstrom AFB, MT -  Article 128.  You, did, 
at or near Great Falls, Montana, on or about 23 May 05, 
unlawfully strike a child under the age of 16 years, on 
the right leg and buttocks with a belt.  Forfeiture of 
$893.00 pay per month for 2 months.  That portion in 
excess of $100.00 pay per month for 2 months suspended. 
Thirty days extra duty  (suspended).  Reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 01 NOV 05 -  Cited by civil police for puncturing 

wife's tires.  Arrested and cited by civil 
police for violating an imposed protective 
order and throwing a rock at his wife's 
car, causing damage.  Arrested by civil 
police for a second time in three days for 
violating a protective order. 

LOR, 03 OCT 0 5   -  Cited by civil police for disturbing the 

peace.  Again involved in a domestic 
disturbance on 17 Sep 05 after he kicked 
in the side of his wife's car door and 
threatened to kill her.  Additionally, 
civil police informed the First Sergeant 
that individual had been involved in at 
least three other incidents within the 
past year which required their 

involvement. 

LOR, 30 MAR 05 -  Failed to pass his QC evaluation, which 

resulted in his losing his Response Force 
Leader Certification. 

f .  CM:  None 

g.  Record of SV: 27 Feb 02 -  15 Jul 03  Malmstrom AFB  5  (HAF Dir) 
16 Jul 03 -  15 Jul 04  Malmstrom AFB  5  (Annual) 
16 Jul 04 -  15 Jul 05  Malmstrom AFB  3  (Annual) 

h.  Awards &  Decs:  NDSM, GWOTSM, AFOUA W/4 OLCS, AFTR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (05) Das 
TAMS:  (03) Yrs  (09) Mos  (05) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Jan 07. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Three Character References. 
3. Three Enlisted Performance Reports  (Page 1 only). 
4. Ancillary Training Report. 
5. Four Letters of Appreciation. 
6. Certificate of Award. 
7. Certificate of Appreication. 
8. Certificate of Recognition. 
9. Training Certificate. 

I 

:7-PPLICATION  FOR THE REVIEW OF DISCHARGE 

FROk . W E  ARMED FORCES OF THE UNITED STATES 

(Please read instructions  on Pages 3 and 4 BEFORE completing this epp1icetion.l 

OMB No. 0704-0004 
OMB approval expires 
Aug 31,2006 

p~~ - 

..  ..  - ~ 

Tho public reporting burden for this collmction of informat= 
patharing n d  mmintalnieg tha data ne.d.d, 
of  informmtion, including iugpattionr for raducihg thm burden, to ihm Dmpartmmnt ot Dmlmaa. Exmcutlvm Scrvker Owmotorate (070P-0m4). Rmspondsnta ahwld bm  .war# 
m y  ather  provllbn ot law,  m p r s o n  ahmll  b. aub].cr 
not dirptey  l currently Valid  OM8  control numbar. 
PLEASE DO NOT RETURN  YOUR FORM TO THE A R O ~ E  ORGANIZATION.  RETURN COMPLETED  FORM  TO  THE APPROPRIATE  ADDRESS ON BACK OF THIS 
PAGE. 

and ~ornpl.ting  .nd reviewing the collrctian of informmtion.  Sand comment.  rmgrdinp this burdan asrimeta or  any othmr aspmcI ot  thla COIIoction 
that  notwithatanding 

l o r q  to  comply  with . sdbction of  inlormation  if It do.. 

to  awrena SO  mhutms p.r rmsponso,  mc4dinp thm  thm fer nviowing instruotions,  searching arlrttnp data s0Urc.r. 

to  m y   enalty  for  I

is  er1imLr.d 

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PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; 15.0.  9397. 
PRINCIPAL PURPOSE(S):  To apply  for  a change in the characterization or reason for  military discharge issued to an individual. 
ROUTINE USElS):  None. 
DISCLOSURE:  Voluntary;  however, failure ro  provide identifying informatiin may impede processing of this application.  The request for 
Social Secu'rity Number is strictly to assure proper identification of  the individual and appropriate records. 
1.  APPLICANT DATA  (The person  whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORIVIATION. 
X  I  AIR  FORCE 
P.  BRANCH OF SERVICE  (x one) 
$,, 
I  ' 
X 

b-,.  !JI'dP  fCa.sSI.fi~sfc Midue f4&uU.  . . . . . . . . . . .  MARINE  CORPS 
L - - - - - - - - - -. - --* - - - -- -- - - - - - - -- - - - - - - - 
2.  DATE OF DISC~ARGE OR SEPARATION I 4.  DISCHARGE CHARACTERIZATION RECEIVED IX  one) I 6.  BOARD ACTION REQUESTED IX  onel 

I COAST GUARD 
.SP.CJ&-Z&GQBFYrYVm.  ., 
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c.  GRADURANK AT DISCHARGE 
F - 4   c o n  
I  L  I  u m r r  

HONORABLE 

ARMY 

NAVY 

(YYYYMMDDI (Ifdate is more  than 15  years 
ago,  submit a DD Form 1491 

X  QENERALIUNDER HONORABLE CONDITIONS 

I 

UNDER OTHER  THAN HONORABLE CONDITIONS 

CHANGE TO HONORABLE 
CHANQE TO  QENERALIUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 

OR SEPARATION 

1  NI 
1  2.:; 

6.  IS  U 

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P  DE 0  CHANGE IS  EQUESTED AND JUSTIFICATION FOR THE R 
YEW&TINCY 

:N  uwwe  F-a r u L n o N ~ ~ k %  &iicaus~ 

&T  1  onrrnue in  /tern 14  See instructions on 

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7.  iX if applicable) A N  APPLICATION WAS PREVIOUSLY SUBMITTED ON IVYYYMMDD) 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES.  JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT  OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED A$  EVIDENCE:  (Continue in Itam 17. 

lf rnilitsry documents or medical records are relevant to your  case, please sand copies.) 

, 

I 
11.  APPLICANT MUST SIGN IN ITEM 13.s. BELOW.  I f  the record in questlon is *hat 01 a 
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  I f  the applicat 
the name (print) 
SPOUSE 

NEXT OF  KIN  ( LEGAL REPRESENTATIVE 

WIDOWER 

WIDOW 

and relatiobhip by rnarkl&  a box balow. 

r incompetent person. L E ~ A ~ ~ R O O F  
d bv other than tho apolicant.  indicate 

OF 

. . 

12.a.  CURRENT MAlUNG ADDRESS OF APPLICANT OR  PERSON ABOVE 
. . -. . f & w d ~ I ; f i a U a a   n i r m v n C I ~ - e  J- 

.srddarr.b.  -. . -. . . - 

Y. - t2KTIFICATlON.--  l-ae-thyiiiiiiiriSriiaiimiiG: part of my claim.  with full knowledge of the 
penalties involved for wiHlully  makkg a falae stawment or clalm. (U.S. Code,  rite 18, Sections 287 
end 1001, provide  that an individual shall be fined under this title or imprisoned not more than 5 years, 
or b0th.l 

-------- --  - - - - - - - - - - - - - - - - - - - - - - A - - - - - - - - - - - - - - - - - - - - -  
a.  SIONATM. REQUIRED ldpplicant or person in hem 11 rbovol 

b.  DATE SIGNED  +  REIlUlRED 

lYWYMMOD1 

I 

CASE NUMBER 

(Do not write in this space.) 

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ARE OBSOLETE. 
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Page 1 of 4 Pages 
 

14. CONTINUATION OF  ITEM 6, ISSUES (If applicabfe) 

H  w c

 * A   7  9 P \ D   tm* 

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fi ?-f+b  M . * B W ,  

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If appLcablel 

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q)4 vrl-.I 

Yrc&lnj l,J& 

fl@o ,zY 

16. REMARKS (If applicable) 

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MAIL  COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

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NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
7 2 0  Ksnnon Street,  S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

-  - 

COAST GUARD 

- 

U.S. Coast Guard 
Commandant IG-WPM) 
2100 Second Street,  S.W. Room 5500 
Washington, DC  20593 

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Page 2 of 4 Pages 

ARMY 

Army Review Boards Agency 
Support Division, St. Louls 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http:Narba.army.pantagon.rnil) 

~~  -- 

AIR FORCE 

Air  Force Review Boards Agmncy 
SAFMRBR 
550-C Street Wmst,  Suite 40 
Randolph AFB, TX  781 50-4742 

1 
DD FORM 293. MAR 2004 

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9 mmRTMENT OF THE AIR F a E  

HEADQUARTERS 341ST SPACE WING ( A F ~ )  

MEMORANDUM FOR 741 MSFS (ATTN:  SrA: 

L.-......-.-....-.--------- 

9 

FROM:  741 MSFS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service could be characterized as honorable, general, or under 
other than honorable conditions.  I am recommending that your service be characterized as 
general, under honorable conditions. 

2.  My reasons for this action are: 

a.  On 30 Mar 05, you failed to pass your annual QC evaluation, which resulted in your losing 
your Response Force Leader certification. As a result of this misconduct, you received a Letter of 
Reprimand (LOR), dated 30 Mar 05. 

b.  On or about 23 May 05, you unlawfully struck a child under the age of 16 on the right leg 
and buttocks with a belt.  As a result of this misconduct, you received an Article 15, dated 23 Aug 
05, with a punishment of forfeiture of $893 per month for two months ($793 per month for two 
months suspended), 30 days extra duty (suspended), and a reprimand. 

c.  On 04 Sep 05, you were cited by the Great Falls Police Department (GFPD) for distutbing 

the peace following an argument with your wife.  On 17 Sep 05, you were again involved in a 
domestic disturbance after you kicked in the side of your wife's car and allegedly threatened to 
kill her.  Additionally, the GFPD informed your First Sergeant that you had been involved in at 
least three other incidents within the past year which required their involvement.  As a result of 
this misconduct, you received an LOR, dated 03 Oct 05. 

d.  On 07 Oct 05, you were cited by the GFPD for puncturing the tires on your wife's  car, 

causing less than $1,000 in damage.  On 13 Oct 04, you were arrested and cited by the GFPD for 
violating a protective order and for throwing a rock at your wife's  car, causing less than $1,000 in 
damage.  On 15 Oct 05, you were arrested again by the GFPD for violating a protective order.  As 
a result of this misconduct, you received an LOR, dated 0 1 Nov 05, 

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 jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 

FOR OFFICIAL USE ONLY 

Guardians of the High Frontier 

you are discharged, how your service will be characterized.  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 consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for yo  to consult the Area Defense Counsel, ~4723,7015 Goddard 
at  / 3 30  . YOU  may consult civilian 
Drive, Bldg 145, Room 144 on  4 d d  I/ d~' 
counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by COB +&&/I 
0 ~ / ( 3  duty days) unless 
you request and receive an extension for good cause shown.  I will send all submitted statements 
to the separation authority. 

6.  If 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. 

7.  You have been scheduled for a medical examination. You must report to the 34lst Medical 
hours on QI\I  G