day

 

 

 

ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN

 

X PERSONAL APPEARANCE RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 INDEX NUMBER Cs & i ; ARD ee
A91.06 A66.00 1 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARMG paie CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
21 NOV 02 FD2001-0353 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

   
   

JONAW RATIONAU ARE

 

“REMARKS
Case heard at Dobbins ARB, Georgia.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

   

 

 
 
 

SIGNATUpe — _

aver H

 

 
 

 

 

 

 
   

SAF/M LC SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ppo001-0353

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel at Dobbins
ARB, GA on November 21, 2002. The following witnesses also testified on the applicant’s behalf:

a friend and applicant’s counsel, andy. applicant’s spouse.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: The discharge is upgraded to Under Other Than Honorable Conditions (VOTHC).
The Board finds that as an act of clemency, the character of discharge should be changed.
The applicant's issues are listed in the attached brief.

Issues. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant was convicted at Special Court Martial pursuant to his guilty plea and a Stipulation of Fact, for
drug abuse. Specifically he tested positive on a random urinalysis for marijuana use, after admitting in a
signed sworn statement to the Air Force Office of Special Investigations that he had used it recently at an
off-base civilian party. Member also had a previous Article 15 in the same enlistment for wrongful
marijuana use after a positive random urinalysis. At the time of his court martial, member requested to be
discharged in lieu of court martial, which was denied. The Board concluded the misconduct was a
significant departure from conduct expected of all military members, and member knew illegal drug use
was incompatible with Air Force standards, but chose to ignore those standards. Because applicant did not
receive an administrative discharge, his contention of inequity is not applicable. The applicant received a
Bad Conduct Discharge, a punitive discharge. Under the provisions of Title 10, U.S.C. Section 1553, the
only basis for change of Bad Conduct Discharge is clemency. During the hearing, applicant submitted
evidence that warrants clemency; he noted he has been gainfully employed since discharge 6 years ago and
has always been an active volunteer in his community, through his church, his condominium association,
and various children’s sports leagues and activities. He also tutors at his children’s school. Applicant
appears to have persevered and applied himself, and to have learned from his “mistake.”

It should further be noted that Board President gave the applicant an additional 2 weeks from the date of his
appearance for additional character references to reach the Board members for further consideration. Those
documents were received November 26, 2002, and were reviewed and considered by the Board in reaching
its findings.

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.

However, as an act of clemency, the board further concludes the applicant’s characterization of discharge
should be changed to Under Other Than Honorable Conditions under the provisions of Section 1553, 10
USC; however there is no basis to change the reason for discharge. Further upgrade of the discharge is not
considered appropriate because of the seriousness of applicant’s misconduct for which he pled guilty and
was found guilty at trial.

Attachment:
Examiner's Brief
FD2001-0353

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

(Former AB)

 

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 96/10/23 UP Special
Court Martial Order ggg (Court Martial). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 68/04/05. Enlmt Age: 19 6/12. Disch Age: 28 6/12. Educ:HS DIPL.
AFQT: N/A. A-87, E-61, G-62, M-27. PAFSC: 4Y031 - Dental Assistant

Apprentice. DAS: (EPR Indicates): 94/05/30-95/03/29.
b. Prior Sv: (1) AFRes 87/10/20 - 88/02/08 (3 months 19 days) (Inactive) .

(2) Enld as AB 88/02/09 for 4 yrs. Svd: 5 yrs 5 months 2
days, all AMS. AMN/A1C- (EPR Indicates): 88/02/09-89/02/08.. SrA - 90/08/14.
APR: 8. EPRs: 3,3,4,3,3. |

ART 15: (1) 90/02/15, Clark AB, Phillipines - Article 86. You did,
on or about 20 Dec 89, without authority, absent yourself

from your place of duty at which you were required to he,
and did remain so absent until on or about 23 Jan 90.
Rdn to Am (suspended until 14 Aug 90). (No appeal) (No

mitigation).

(2) 88/06/23, Sheppard AFB, TX - Article 86. You did, on or
about 8 Jun 88, without authority, fail to go at the time
prescribed to your appointed place of duty. Forfeiture
of $50,00 pay, seven days extra duty. Rdn to Amn
(suspended until 22 Dec 88). (Appeal/Denied) (No -

mitigation).

3. SERVICE UNDER REVIEW:

a. Reenld as SrA 93/07/12 for 4 yrs. Svd: 3 Yre 3 Mo 11 Das, of which AMS
is 3 yrs 2 months 18 days (excludes 23 days lost time).

b. Grade Status: AB - 95/08/17 (SPCMO# 16, 95/08/17)
Alc - 95/04/06 (Article 15, 95/04/06)

c. Time Lost: 95/07/19-95/08/11 (23 days).
d. Art 15's: (1) 95/04/06, Offutt AFB, NE - Article 112a. You did, on

or about 13 Jan 95 and on or about 19 Jan 95, wrongfully
use marijuana. Rdn to AlC. (Appeal/Denied) (No mitigation)

e. Additional: none,
FD2001-0353

f. CM: Special Court Martial Order gag - 95 Aug 17, Article 112a.
CHARGE: Article 112a. Plea: Guilty. Finding: Guilty.

Spécification: Did, at or near Offutt AFB, NE, between between on-
or about 11 May 95 and on or about 16 May 95, wrongfully use
marijuana. Sentence adjudged on 19 Jul 95: Bad conduct discharge,
30 days confinement, and reduction to the pay grade of E-1.

gq. Record of SV: 93/05/30 - 94/05/29 Offutt APB 4 (Annual)
94/05/30 - 95/05/29 Offutt AFB 1 (Annual)

(Discharged from Offutt AFB)

h. Awards & Decs: AFOUA W/2 OLC, AFGCM W/1 OLC, NDSM, AFLSAR, NCOPMER,
AFTR.

i. Stmt of Sv: TMS: (8) Yrs (11) Mos (12) Das
TAMS: (8) Yrs (7) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/08/16.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH

1. Letter to SAF/MRBR.

2. Special Court Martial No. 27 Aug 96.

3. AF Form 2098, Duty Status Change, 20 Oct 95.

01/10/16/ia
FDpz2el-0359

DEPARTMENT OR THE AIR FORCE
HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA 63113-3130

Special Court-Martial Order
— | 17 Aug 95

" - ri Se ein Wepre Linited States Air
orce, $5th Dental Squadron, was arraigned at Offutt Air Force Base, Nebraska, on the following
offense at a court-martial convened by this headquarters.

 
    

CHARGE; Article 112a. Plea: G. Finding: G.

Specification: Did, at or near Offutt Air Force Base, Nebraska, between on or about 11 May
1995 and on or about 16 May 1995, wrongfully use marijuana, Plea: G. Finding: G.

SENTENCE

Sentence adjudged on 19 July 1995: Bad conduct discharge, 30 days confinement, and reduction
to the pay grade of E-1.

ACTION

 

, United
States Alr Force, 55th Dental Squadron, the sentence is approved and, except for 2 bad conduct
discharge, will be executed, The period of confinement having been served, no place of
confinement is designated. Unless competent authority otherwise directs, the acoused will be
required, under Article 768, UCM], to take leave pending completion of appellate review of the
conviction.

File

USAF
INITIA tocar Pee PERSONNEL RCDS GP

HQ USAF (ARIA iw

ACMSO2 2082
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS TWELFTH AIR FORCE (ACC)
DAVIS-MONTHAN AIR FORCE BASE, 00

Special Court-Martial Order 7 August 1996

 

mae discharge, confinement for 30 days, and reduction to the grade of airman basic, as
promulgated in Special Court-Martial oe 55th Wing (ACC), dated
17 Angust 1995, bas been finally affirmed. Article 71(c) having been complied with, the bad
conduct discharge will be executed. The sentence was adjudged on 19 July 1995. (ACM
$29092)

re a  y :
ao h a

General, USAF
Commander

DISTRIBUTION:

  
  

| ie . ™ ie ogee

Ey,

Randolph AFB TX 78150-4304 (MJ) .
55 WG/TA, 101 Washington Square, Suite 200, Offutt AFB NE

  

22209-2403 (DC)
1- 33 DSCC, Offits AFB NE 85707
1 - 55 WG/CC/TA, 101 Washington Sq, Ste eau HE REGS Page 09
OFFICE Of THE JUDGE ADVOCATE GENERAL
The Unked States Court of Appeals for the Anned
Forons has deniod retie! under Article 67: accordingly
the santonos Nas beepras ‘inal. This order accurately
reSects the final action taken pursuant lo appellate review,

FOR THE RUOGE ADVOCATE GENERAL. 2a
FDLs0/~O35%

    

a Tigadier General, USAF
Commander

FOR THE COMMANDER

 

Superintendent, Military Justice

DISTRIBUTION:

, 55th Dental Squadron, Offutt AFB, NE 68113
AFLSA/Central Circuit, Randolph AFB, TX 78150 (MJ)
MSS WG/TA, Offutt AFB,NE68113(TC)
B55 WG/TA, Offutt AFR, NE 68113 (ATC)
MB USAF Judiciary, Offutt AFB, NB 68113 (DC)
1- 35 WGICC, Offutt AFB, NE 68113-3130
1 - 55 DS/CC, Offutt AFB, NE 68113-2040
1.55 SPS/CC/SPOLR, Offutt AFB, NE 68113-2110
2-55 CPTS/FMFP, Offutt AFB, NE 68113-4035
4-55 MSS/DPMAR, Offistt AFB, NE 68113-4035
1-55 WG/SJA, Offutt APB, NE 68113-2109
1 - 12 AF/SJA, 2915 S. 12TH AF Drive, Ste 157, Davis-Monthan AFB, AZ 85707-4250

10 - AFLSA/IAJM, 172 Luke Avenue, Suite 343, Bolling AFB, DC 20332-5113

1 - AFMPC/DPMDOM1, 550 C Street West Ste 21, Randolph AFB, TX 78150-4739

6- HQ AFSPA/SPCT, 8201 HL Ave, SE, Kirtland AFB, NM 87117-6001

2 - AFDW/TAIR, 20 MacDill Blvd, Ste 207, Bolling AFB, DC 20332-5100

1 - AF Security Clearance Office, 497 IG/INSB, 211 Brookley Ave, Ste 200 Bolling AFB, be
20332-5108

1 - DFAS-DE/FISCM, 6760 E. Irvington Place, Denver, CO 80279-3000
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

MEMORANDUM FOR 55 tl

FROM: 55 WG/JA

 

14 August 1995

SUBJECT: Staff Judge Advocate’s Recommicndaiian: |
United States v. 4g

 
    

1. On 19 June 1995 you referred the case fin ithinna:, 55th
Dental Squadron, Offutt Air Force Base, Nebraska, to trial by special court-martial alleging
wrongful use of marijuana. On 19 July 1995 trial was held. Attached is the AF Form 1359,
Report of Results of Trial, which summarizes the charge and specification, pleas, findings, and
sentence. Also attached is a personal data sheet on the accused for your consideration prior to

taking action on the sentence.

2. Evidence

a. The evidence supporting the finding of guilty consists of the accused’s provident plea of
guilty to the charge and specification, a stipulation of fact, urinalysis results from the Air Force
Drug Testing Laboratory, and the accused’s confession to the AFOSI. Sentencing evidence was
introduced by the prosecution to include a personal data sheet on the accused, the accused’s EPRs,
prior punishment under Article 15, UCMJ, for marijuana use, a letter of counseling for showing
disrespect to a noncommissioned officer, dated 21 October 1994, and a civilian conviction for
having alcohol in a park from Douglas County, Nebraska. There is no corrective action required
in regard to the findings of guilty. I am satisfied that the evidence upon which the conviction is

based is legally sufficient.

b. The _ sentencing evidence submitted by the defense included character letters from a
a iM letters of appreciation from a

. ; - a nomination package for airman of the
quarter: a nomination package for airman of the month: two training certificates: fifteen dental
treatment surveys: a financial statement: the affidavit accompanying the urinalysis results from the
Air Force Drug Testing Laboratory: and a written copy of the accused’s unsworn statement.

 
 

3. Sentence: The accused was sentenced to a bad conduct discharge, thirty days of confinement,
and reduction to the grade of E-1. The maximum sentence for the offense the accused was
convicted of is a bad conduct discharge, six months of confinement, reduction to the grade of E-1,
and forfeiture of 2/3 pay per month for six months.

Golbal PP OWET for America
4. ACTION OF THE CONVENING AUTHORITY

a. Pursuant to Article 60, UCMJ, and R.C.M. 1107 you have the sole discretion to modify the
findings and sentence of this court-martial as a matter of command prerogative. You may approve
the findings, in whole or in part, or may disapprove the findings and order a rehearing, or dismiss

the charges.

b. You may, in your sole discretion, approve, change, mitigate or suspend the adjudged
sentence in whole or in part. You may disapprove the sentence and order a rehearing. You may
not, however, increase the severity of the sentence.

c. This recommendation is intended to be a concise source of information about the case to
assist you in deciding what action to take on the findings and sentence in the exercise of your
command prerogative. You are not required to read the record of trial, or review the case for legal
- errors or factual sufficiency. You must consider, however, the result of trial, this recommendation
and any clemency matters submitted by the accused or counsel under R.C.M. 1105, or in response

to this recommendation under R.C.M. 1106.

5. RECOMMENDATION: I have considered all matters in the record of trial, including all
matters presented in the presentencing portion of the trial. The sentence adjudged is warranted by
the circumstances of the offense for which the accused was convicted and appropriate for the
accused. I recommend that you approve the findings of guilt and approve the sentence as

adjudged.

  
 

EEN, Colonel, USAF
taff Judge Advocate

   

Attachments:
1. AF Form 1359
2. Personal Data Sheet