AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

TYPE

BCD X PERSONAL APPEARANCE RECORD REVIEW

‘COUNSEL : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES

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x NONE

 

 

 

 

  

 

 

  
   

 

 

 

 

 

 

 

 

    
    
   
  

 

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ISSUES Wue ane Te
A91.06, A90.01 INTING THE BOARD

A01.31 > | APPLICATION FOR REVIEW OF DISCHARGE

"LETTER OF NOTIFICATION

 

 

  

HEARING DATE
111802

CASE NUMBER
FD2001-0494

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

   
   
 
 

 

 

 

 

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

 

 

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

AFHO FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0494

GENERAL: The applicant appeals for upgrade of his Bad Conduct Discharge to Honorable. The applicant
appeared and testified before the Board without counsel, at Dobbins ARB GA on November 18, 2002. The

applicant’s sister, QQ awand father, SAMAR ere present at the hearing.

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 Bad Conduct Discharge to fully honorable is denied
but the board finds that‘upgrade to a general discharge is appropriate. While there is neither an inequity nor
an impropriety concerning the applicant’s discharge, the board believed an upgrade to general is
appropriate as a matter of clemency.

Issues 1 and 2: The applicant contends relief is appropriate because his service prior to his court-martial is
exemplary and because agents of the Air Force Office of Special Investigations used inappropriate tactics
during their investigation of his drug activity. Because the applicant received a punitive discharge, the
board may only upgrade the character of his service if it decides clemency is warranted (10 USC 1553).

For that reason, the board declined to grant relief based upon these issues.

Issue 3: The applicant contends an upgrade is appropriate based upon his accomplishments, remorse, and
impact the conviction has had on his life for the past 15 years. The applicant indicated his court-martial
conviction seriously affected his life, his employment opportunities, and served to encourage him to
“reconstruct” himself. He states he has not been involved with illegal drugs since his separation and is
gainfully employed as a financial advisor. Based upon the applicant’s evident remorse, his relative youth at
the time of the offense, the nature of the misconduct and his professional accomplishments since his
discharge, the board concluded clemency is appropriate in this case. While an honorable discharge is not
appropriate given the nature of his crime, the board found upgrade to a general discharge to be appropriate.

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

CONCLUSIONS: Clemency is appropriate in this case and the board recommends the applicant’s punitive
separation be upgraded to a general discharge.

Attachment:
Examiner's Brief
FD2001-0494
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former AB)

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 87/03/25 UP Special
Court Martial Order No.19 (Conviction by Court Martial). Appeais for Honorable
Disch.

2. BACKGROUND:

a. DOB: 65/03/30. Enlmt Age: 17 5/12. Disch Age: 21 11/12. Educ:HS DIPL.

AFOOT: N/A. A-80, E-55, G-55, M-35. PAFSC: 90250 - Medical Service Specialist.
DAS: 83/11/18.

b. Prior Sv: (1) AFRes 82/09/16 - 83/07/10 (9 months 25 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 83/07/11 for 6 yrs. Svd: 03 Yrs 08 Mo 15 Das, all AMS.
b. Grade Status: AB - 86/03/13 (SPCMO # 19, 86/05/21)
SRA - 85/12/23
A1C - 83/08/23
c. Time Lost: none.
d. Art 15’s: none.
e. Additional: none.
f. CM: Special Court Martial Order No.19 - 86 May 21

CHARGE I (redesignated Charge): Article 112a. (Guilty).

Specification 1: Wrongfully use marijuana, on divers occasions
between on or about 01 Nov 84, and on or about 05 Dec 85. (Guilty)

Specification 2: Wrongfully distribute marijuana, on or about
26 Oct 85. (Guilty).

Specification 3: Wrongfully distribute marijuana, on or about
15 Nov 85. (Guilty).

CHARGE II: Article 80. (withdrawn after arraignment).

Specification: Attempt to wrongfully distribute cocain, on or
about 26 Oct 85 (withdrawn after arraignment). Sentence adjudged
13 Mar 86: Bad conduct discharge and reduction to AB.
FD2001-0494

g. Record of SV: 83/07/11 ~ 84/07/10 Lackland AFB 8 (Annual)
84/07/11 - 85/07/10 Lackland AFB 9 (Annual)
85/07/11 - 86/03/29 Lackland AFB 7 (CRO)

(Discharged from Lackland AFB)
h, Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (04) Yrs (06) Mos (10) Das
TAMS: (03) Yrs (08) Mos (15) Das

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

Issue 1: Prior to Court Martial, military service & performance is
exemplary. Note APRs,

Issue 2: Court documents clearly show that coercion was the operative
tactic of the OSI agent. The panel can see without doubt that I was approached
several times prior to any involvement in the guise of "helping" a buddy of a
buddy.

Issue 3: This Court-Martial was taken very seriously by myself & family.
This Court-Martial is considered as a (?) point in my overall view of life.
Consequently I am not and haven't been in any such adversity. I've used this
experience to reconstruct myself into a top professional in my field. I choose
not to waste the Panel's time with supporting documents. I believe that a
hearing before the appropriate will result in a consideration for an upgrade to
current discharge.

ATCH
none.

02/02/07/ia
Fo20el- 0494 [PHS OM

DEPARTMENT OF THE AIR FORCE .
WILFORD HALL USAF MEDICAL CENTER (AFSC) .
Lackland Air Force Base, Texas 78236-5300

Special Court-Martial Order No. Wis Before a special court-

martial which convened at Lackland Air Force Base, Texas pursuant to Special
Ord or ne

' this headquarters, dated . .was arraigned and tried:

PRPRINO . United States Air Force, Rue

The accused was arraigned on the following offenses and the following findings
or other dispositions were reached:
CHARGE I (redesignated Charge): Article 112a. (Guilty).

Specification 1: Wrongfully use marijuana, on divers occasions between on or
about. 1 November 1984, and on or about 5 December 1985. (Guilty).

Specification 2: Wrongfully distribute marijuana, on or about 26 October
1985. (Guilty).

Specification 3: Wrongfully distribute marijuana, on or about 15 November
1985. (Guilty).

CHARGE II: Article 80 (withdrawn after arraignment).

Specification: Attempt to wrongfully distribute cocaine, on or about 26
October 1985 (withdrawn after arraignment).

The findings of guilty as to Specifications 1, 2, and 3 of the redesignated
Charge and the redesignated Charge were based on the accused's pleas of
guilty. The accused pleaded not guilty to the Specification of Charge II and
Charge II which was withdrawn after arraignment.

SENTENCE
The members adjudged the following sentence on 13 March 1986:

SOCMN Ata in
ng —  — EEE
FD 200(- O4/9¢

To be discharged from the service with a bad conduct discharge and to be
reduced to the grade of airman basic (E-1).

ACTION
ACTION OF THE CONVENING AUTHORITY:

DEPARTMENT OF THE AIR FORCE, WILFORD HALL USAF MEDICAL CENTER (AFSC),
Lackland Air Force Base, Texas 78236-5300, 2] MAY 1986

 
 

In the case of
Air Force, 3m

e an a United States
the sentence is approved and,

except for the part ‘of the sentence extending to a bad conduct discharge, will
be executed.

    
  

 

Colonel, USAF, MC
Commander

 

FOR THE COMMANDER

om Me Colonel, USAF
aft Judge Advocate

DISTRIBUTION:

  
  
 

eee, Lackland AFB, TX 78236-5300
we HO USAF Trial Judiciary, 3d Cir, Randolph AFB TX

Mc, HQ AFMTC/JA, Lackland AFB TX 78236-5000, TC
mame; 6960 ESW/JA, Kelly AFB, TX 78243-5000, ATC
Mame HO USAF Judicary, 3d Cir, Lackland AFB TX

1 - WHMC/SG~ 1, Lackland AFB TX 78236-5300
3 - 6581 MSS/CC, Lackland AFB TX 78236-5300
1 - 6580 MSG/CC, Lackland AFB TX 78236-5300
3 ~ HQ AFMTC/ACFPM, Lackland AFB TX 78236-5000

4 - 6570 ABG/DPMQA, Brooks AFB TX 78235-5000

1 - Bits e570 ABG/DPMAS. Lackland AFB TX 78236-5000
1 AFMTC/7CC, Lackland AFB TX 78236-5000

5 - HQ AFMTC/JA, Lackland AFB TX 78236-5000

1 - HQ ATC/JA, Randolph AFB TX 78150-5000

10 -HQ USAF/JAUM, Bolling AFB, DC 20332-6148

1 ~ AFAFC/MPSSR, Denver CO 80279-5000

| - AFMPC/MPCDOM, Randolph AFB TX 78150-5000

1 - AFSCO, Wash DC 20330-6440

Po 200(- 4 Py

%.