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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFS5N/SSAN
apes SRA
| TYPE

 
  
 

 

GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL

 

YES NO

 

 

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY
| | *
é xX
ss ——}—}—_ +x
i x
a x

 

 

 

 

       
   

 

‘_UEXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

INDEX NUMBER

A94,05 A 67.90

 

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

FD2001-0442 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

HEARING DATE

112202

CASE NUMBER

ja[ 4] 8] =

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S, DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE, ¢ ° '

 

 

 

REMARKS

Case heard at Dobbins ARB GA

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

DATES 120502

 

 

SAF/MIBR : 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 °D2001-0442

GENERAL: The applicant appeals for upgrade of his general discharge to honorable. The applicant was
offered a personal appearance before the Discharge Review Board but failed to appear.

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

FINDINGS: The applicant’s request to upgrade his general discharge to honorable is denied.

Issue: The applicant contends that his discharge was too harsh because it was based on two incidents that
were the result of his marital problems. Review of the file indicates the applicant has a long and troubling
history of domestic violence involving his wife and his son. In July 1991, while the applicant was enrolled
in NCO Leadership School, he returned to his residence late one night and discovered his wife was not at
home. The applicant then ransacked his own residence and when questioned later by base authorities
denied his involvement. In February 1992, the applicant and his wife got into a fight. In March 1992, the
respondent struck his 6 year-old son in the eye causing it to swell. When questioned, the applicant lied and
stated his son accidentally bumped his head against the steering wheel of his car. He also convinced his son
to repeat the same story. Only after his son finally revealed the truth did the respondent admit that he had
struck the boy. For this, he received nonjudicial punishment. On September 3, 1992, the respondent
returned home late after a night of heavy drinking. When his returned, he and his wife got into an argument
and she locked him out of the house. He pounded on the door with such force that the sliding bolt on the
door bent. Based upon these repeated offenses and the applicant’s inability to make a meaningful change in
his behavior, his commander recommended him for discharge. The applicant was afforded the right to
consult with an attorney and elected to present his case to a discharge board. The discharge board
recommended he be separated and his service characterized as general. Based on the foregoing, the DRB
could find neither an injustice nor an impropriety that would warrant granting the relief requested.

The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The Discharge Review Board concludes 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 the full administrative due process.

In view of the foregoing findings the board further concludes there exists no legal or equitable basis for
upgrade/change of reason for discharge. The applicant’s discharge should not be changed.

Attachment:
Examiner's Brief
FD2001-0442
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SSGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 92/12/15 UP AFR 39-10,
para 5-47b (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge and a Change in Reason and Authority for
Discharge

2. BACKGROUND:

a. DOB; 64/06/06. Enlmt Age: 17 2/12 . Disch Age: 28 6/12. Educ:HS DIPL.
AFOT: N/A. A-63, E-65, G-57, M-78. PAFSC: 45254B - Tactical Aircraft
Maintenance Specialist. DAS: (EPR Indicates): 90/09/02-91/09/01. ‘

b. Prior Sv: (1) AFRes 81/08/19 - 82/04/06 (7 months 18 days) (Inactive).

(2) Enlisted as AB 82/04/07 for 4 yrs. Extended 85/09/06 for
23 months. Reenlisted as SrA 86/04/01 for 6 yrs. Svd: 09 yrs 09 months 08 days,
all AMS. AMN - 82/10/07. A1C-(APR Indicates): 83/04/07-83/11/10. Sra -
85/04/07. Sgt-(APR Indicates): 85/09/02-86/09/01. SSqt - 90/03/01. APRs:
8,8,8,9,9,9,9. EPRs: 4,4.

3. SERVICE UNDER REVIEW:

a. Renlisted as SSgt 92/01/15 for 6 yrs. Svd: 00 Yrs 11 Mo 00 Das, all

b. Grade Status: SrA - 92/05/28 (Article 15, Vacation, 92/09/18)
c. Time Lost: none.

d. Art 15's: (1) 92/09/21, Vacation, MacDill AFB, FL - Article 108 &
134. You did, on or about 4 Sep 92, without proper
authority, willfully damage by kicking and hitting,
military property of the United States, the amount of
said damage being in the sum of about $55.84. You,
were, on or about 4 Sep 92, drunk and disorderly, which
conduct was of a nature to bring discredit upon the
armed forces. Reduction to SrA and forfeiture of
$600.00 pay per month for 2 months. (No appeal) (No
mitigation)

(2) 92/05/28, MacDill AFB, FL - Article 128. You, did, on
or about 11 Mar 92, unlawfully strike ------ , a child
under the age of 16 years, in the face with your hand.
Reduction to SrA (suspended until 26 Nov 92),
forfeiture of $600.00 pay per month for 2 months
(suspended until 26 Nov 92, in excess of $100.00 pay
FPD2001-0442

per month for 2 months remitted on 23 Sep 92).
(No appeal) (No mitigation)

e. Additional: none.
ff. OM: none.

g. Record of SV: 91/09/02 - 92/06/01 MacDill AFB 3 (CRO)REF

(Discharged from MacDill AFB)
h. Awards & Decs: AFTR, NDSM, AFAM, AFGCM W/1 OLC, NCOPMER.

i. Stmt of Sv: TMS: (11) Yrs (03) Mos (27) Das
TAMS: (10) Yrs (08) Mos (09) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/10/08.
(Change Discharge to Honorable and Change Reason and Authority for

Discharge)

Issue 1: My discharge was inequitable because it was based on two incidents
out of 128 months of active duty service with no other adverse actions. I feel
I was singled out by my First Sergeant. The incidents were a result of marital
problems that were occurring between my wife and myself since coming back from a
remote assignment. Since being involuntarily discharged I have continued
working in the aviation field and am currently employed with ------ Aviation
Services where I am currently a project supervisor in charge of twelve airframe
and powerplant technicians. Some of my fellow co-workers are with the Reserve
Unit in Homestead AB FL that would be willing to give statements in my behalf as
to my character and dedication to duty. I dearly regret my discharge from the
Air Force and to this day I still long for the chance to serve my country once
again. I have the necessary training needed in the area of F-16 Aircraft
Maintenance. I served with pride for over ten years and am asking for a hearing
before a traveling panel closest to Ft. Lauderdale FL. The reason for my
request is to see if I will be able to change my discharge to Honorable and to
change my discharge status so that it may be possible to enter the Reserves
where all of my years of training will still be of use to our nation. Thank
you.

ATCH
none.

02/03/20/ia
FR 260) - O¢YZ

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 56TH FIGHTER WING (ACC)
MACDILL AIR FORCE BASE, FLORIDA

 

56 FW/JA 10 Dec 92

SUBJ: Legal Review of AFR 39-10...

ministrative Discharge Board
Proceedings of 4 pa we ae

   

TO: cc —

1. This action was initiated under AFR 39-10, Chapter 5,
Section H, paragraph 5-47b. Respondent received notice of this
action on 15 Oct 1992. On 21 Oct 1992, respondent requested that
his case be heard by an administrative discharge board. Pursuant
to Special Order mm, Headquarters 56 Fighter Wing, dated 18 Nov
92, a board was convened on 19 Nov 1992. The 62nd Fighter
Squadron Commander recommended that the respondent be separated
from the Air Force with an under other than honorable conditions
discharge and that probation and rehabilitation should not be
offered. The statutory basis for this action is 10 U.S.C. § 1169
and a legal review is required by AFR 39-10, para 6-19a.

2. The recommendation for discharge is based upon the information
contained in paragraph 2 of the letter of notification. The
administrative board found, by a preponderance of the evidence,
that the respondent:

(1) Did on or about 4 Sept 92, on MacDill AFB, FL without

_ proper authority, willfully damage, by kicking and hitting,

military property of the United States, the amount of said damage

being in the sum of $55.84. He was also drunk and disorderly, as

evidenced by a Vacation of Suspended Nonjudicial Punishment dated
21 Sep 92.

(2) Did on or about 11 Mar 92, at Tampa, FL, unlawfully
strike NT a child under the age of 16 years, in the
face with his hand, as evidenced by a Record of Nonjudicial
Punishment Proceeding dated 28 May 92.

(3) Did on 27 May 92, missed a scheduled immediately prior
to launch training (Arming and Disarming of Aircraft Missile). He

failed to make this appointment, as evidenced by a_ Record of
Individual Counseling dated 1 Jun 92.

THE BOARD FURTHER RECOMMENDED:

a. Recommend the Respondent be discharged with a General
Discharge.

Hlobal Power for Ameniaa