I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBERS SITTING 

HEARING DATE 
24 OCT 2003 

CASE NUMBER 
FD2001-0525 

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1  Case heard at the American Red Cross; Albany, New York. 

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2  APPLICATION FOR REVIEW OF DISCHARGE 

3 
4 

LETTER OF NOTIFICATION 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPERANCE HEARING 

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

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. ". 

SAFNIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD200  -0525 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and elected to 
exercise this right.  However, the applicant failed to show for his personal appearance on the date agreed 
upon by the applicant and the DRB.  Consequently, the applicant's  case was adjudicated as a record review. 

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

FINDINGS:  Upgrade of discharge to Honorable 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 upgrade of the discharge. 

ISSUES:  The  applicant  received  a  General  Discharge  (under  Honorable  conditions)  as  a  result  of  a 
conviction  by  a  Special  Court-Martial,  finding  the  applicant  guilty  on  three  specifications,  his  failure to 
obey  a  lawful  order,  resisting  apprehension,  and  being  drunk  and  disorderly.  The applicant  opined  his 
discharge was improper due to the fact that he was not discharged during his Court-Martial and because he 
was  still  in  training  at  the  time  of  his  offenses.  However,  AFI  36-3208  permits  the  involuntary 
administration  discharge  of  members  who  are  convicted  at  Court-Martial,  but  who  are  not  adjudged  a 
punitive  separation  at  trial.  The  only  limitation  is  on  the  characterization  of military  service,  in  that  an 
Under  Other Than Honorable  discharge may not be  approved in the  administrative  discharge processing 
without  Secretary  of  the  Air  Force  approval.  In  this  case,  the  applicant  received  a  General  discharge. 
Additionally, the applicant's training status has no causal or mitigating relationship with either the offenses 
committed or the decision to execute the approved separation action. 

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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 01/10/04 UP AFI 36-3208, 
para 5.50.1 (Misconduct -  Discreditable Involvement with Military and Civil 
Authority).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 76/11/23.  Enlmt Age: 23 6/12.  Disch Age: 24 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-61,  E-52,  G-46,  M-41. PAFSC: 2A631 -  Aerospace Propulsion 
Apprentice. DAS: 00/08/21. 

b.  Prior Sv:  (1) AFRes 00/05/31 -  00/06/28  (28 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  00/06/29 for 6 yrs. Svd: 01 Yrs 03 Mo 06 Das, of which 

AMS is 1 yr 3 months 6 days  (excludes 1 month 15 days lost time). 

b.  Grade Status:  AB  -  01/07/09 (SPCMO#18, 01/08/03) 

AMN/A~C -  Unknown. 

c.  Time Lost:  01/06/25-01/09/09 (2 months 15 days) 

d.  Art 15's:  none. 

e.  Additional: LOR, 05 JUN 01 -  Violation of SAFBI 36-2902. 

LOR, 29 J A N   01 -  Dereliction of duty. 
LOR, 29 J A N   01 -  Violation of SAFBI 36-2902. 
LOR, 12 J A N   01 -  Failure to go. 
LOR, 08 J A N   01 -  Failure to go. 
LOR, 20 DEC 00 -  Violation of SAFBI 36-2902. 
RIC, 21 SEP 00 -  Talking in formation and talking back to a 

student leader. 

f.  CM:  Special Court Martial No.18 -  01 August 03 

CHARGE I:  Article 92.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Having knowledge of a lawful order issued by 
A ~ C  - - - - - -  , to sit on the ground, an order which it was his duty 
to obey, did, at or near Sheppard AFB, Texas, on or about 15 Dec 
00, fail to obey the same. 

, 

CHARGE 11:  Article 95.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Sheppard AFB, Texas, on or about 

15 Dec 00, resist being apprehended by A1C - - - - - -   and A1C ------, 
armed force policemen, persons authorized to apprehend the 
accused. 

CHARGE 111:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Was, at or near Sheppard AFB, Texas, on or about 
15 Dec 00, drunk and disorderly.  Sentence adjudged on 25 Jun 01: 
Confinement for 3 months, forfeiture of  $695.00 pay per month for 
3 months, and reduction to E-1. 

g.  Record of SV: none. 

(Discharged from Sheppard AFB) 

h,  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (01) Mos  (19) Das 
TAMS: (01) Yrs  (00) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/11/23. 

(Change Discharge to Honorable) 

Issue 1:  The discharge was improper due to the fact that I was not 

discharged during my Court Martial. 

Issue 2:  The discharge was improper because I was still in training at the 

time of the incident. 

ATCH 
1. Response to AFI 36-3208 Discharge Proceeding. 
2. Character Reference. 

DEPARTMENT  OF THE AIR  FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 82 TRGICC 

FROM:  82 TRWIJAC 

SUBJECT:  Legal Review, Recommendation for Discharge 

361 TRS 

1 Oct 01 

. . 

1.  We have reviewed this discharge case file and find it legally sufficient to support discharge in 
accordance with the provisions of AFI 36-3208.  Based upon our review, we conclude that the 
incidents documented within this file sufficiently 
Air Force.  We concur with the 361 TRSICCQ th 
under honorable conditions (general) discharge in accordance with AFI 36-3208, 
paragraph 5.50.1 (discreditable involvement with military or civilian authorities). 

scharge from the 
discharged with an 

2.  Basis for Action.  On 20 Sep 01, the 361 TRSICCQ notified 
at he was 
recommending that AB Tariuwa be discharged from the service due to his discreditable 
involvement with military or civilian authorities. 

3.  Evidence for the Commander. The preponderance of the evidence in the case file supporting 
the squadron section commander's recommendation consists of the following: 

a.  The respondent did, at or near Sheppard AFB TX, on or about 3 Jun 01 and on or about 
4 Jun 01, violate a lawful general instruction, to wit: SAFBI 36-2902, paragraph 5.2.5, dated 
15 Oct 97, by failing to return to and remain in his assigned dormitory from 2100 - 0400.  For 
this misconduct, he received a Letter of Reprimand (LOR), on 5 Jun 01. 

b.  The respondent, who knew or should have known of his duties at Sheppard AFB TX, on or 
about 24 Jan 01, was derelict in the performance of those duties by disobeying a direct order and 
failing to report to building 1954 for details.  For this misconduct, he received an LOR on 
29 Jan 01. 

c.  The respondent did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawid 

general instruction, to wit: SAFBI 36-2902, paragraph 5.2.2, dated 15 Oct 97, by failing to 
remain in proper military uniform at all times and not wear civilian clothes on or off duty.  For 
this misconduct and subparagraphs "d" and "e"  below, he received an LOR on 29 Jan 01. 

d.  The respondent did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawful 
general instruction, to wit: SAFBI 36-2902, paragraph 2.1.12, dated 15 Oct 97, by smoking in an 
undesignated outside area. 

This communication is privileged as attorney workproduct andlor attorney-client communication or is 
protected by another privilege recognized under the law.  Do not distribute, forward,  or release without 

the prior approval of the sender or 82 TR W/JA. 

, 

e.  The respondent did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawful 

general instruction, to wit: SAFBI 36-2902, paragraph 5.2.5, dated 15 Oct 97, by failing to return 
to and remain in his assigned dormitory fiom 2 100 - 0400. 

f.  The respondent did, at or near Sheppard AFB TX, on or about 1 1 Jan 01, without authority, 

fail to go at the time prescribed to his appointed place of duty, to wit: 
this misconduct and subparagraph "g" below, he received an LOR on 12 Jan 01. 

For 

g.  The respondent did, at or near Sheppard AFB TX, on or abou 
fail to go at the time prescribed to his appointed place of duty, to wi 

. . 

h.  The respondent did, at or near Sheppard AFB TX, on or about 5 Jan 01, without authority, 

fail to go at the time prescribed to his appointed place of duty, to wit:  morning details at 0600 
and accountability at 0800, 1000, and 1 130.  For this misconduct and subparagraphs "i"  and '3'' 
below, he received an LOR on 8 Jan 01. 

i.  The respondent did, at or near Sheppard AFB TX, on or about 4 Jan 01, without authority, 
fail to go at the time prescribed to his appointed place of duty, to wit:  morning accountability at 
0600. 

j. The respondent did, at or near Sheppard AFB TX, on or about 3 Jan 01, without authority, 

fail to go at the time prescribed to his appointed place of duty, to wit:  details. 

k.  The respondent did, at or near Sheppard AFB TX, on or about 19 Dec 00, violate a lawful 
general instruction, to wit: SAFBI 36-2902, paragraph 5.2.5, dated 15 Oct 97, by failing to return 
to and remain in his assigned dormitory room fiom 2 100 - 0400.  For this misconduct, he 
received an LOR on 20 Dec 00. 

1.  The respondent, having knowledge of a lawful order issued by 

sit on the ground, an order which was his duty to obey, did, at or 

near Sheppard AFB TX, on or about 15 Dec 00, fail to obey same.  For this misconduct and 
subparagraphs "m"  and "n" below, he was found guilty by a Special Court-Martial on 25 Jun 01. 

resist being 
ed force 

policemen, persons authorized to apprehend the accused. 

n.  .The respondent was, at or near Sheppard AFB TX, on or about 15 Dec 00, drunk and 

disorderly. 

o.  The respondent did, at or near Sheppard AFB TX, on or about 15 Sep 00, talk in formation 

and talk back to a student leader.  For this misconduct, he received an AF Form 174, Record of 
Individual Counseling, on 2 1 Sep 00. 

This communication is privileged as attorney workproduct andlor attorney-client communication or is 
protected by another privilege recognized under the law.  Do not distribute, forward,  or release without 

the prior approval of the sender or 82 TR W/JA. 

4.  Additional Information.  The respondent is 24 years old, began his present enlistment on 
29 Jun 00, and was assigned to his unit on 21 Aug 00.  His ASVAB scores are as follows: 
A - 61, E - 52, G - 46, and M - 41.  The respondent is entitled to wear the Air Force Training 
Ribbon.  He has consulted with counsel and has submitted a statement for your consideration. 

5.  We note that attachment #2 1 of the Notification Memorandum has the wrong d&.  However, 
this administrative error does not affect the legal sufficiency of the discharge package and we 
concur with the squadron section commander's recommendation for an under honorable 
conditions (general) discharge 

6.  In accordance with AFI 36-3208, your options are to: 

a.  Direct 

b.  Suspend an under honorable conditions (general) discharge and recommend Probation and 

Rehabilitation; 

c.  Direct his discharge with an under honorable conditions (general') discharge. 

d.  Recommend that 

be discharged with an honorable discharge.  If you 

determine an honorable discharge is appropriate, this file must be forwarded to 2 AFICC because 
only a General Court Martial Convening Authority may approve an honorable discharge 
characterization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4). 

7.  If you have any questions regarding this matter, please contact 
ext 6-71 86. 

at 

. . . . -. . 
Attorney Advisor 

Attachment: 
Case File 

This communication is privileged as attorney work product andor attorney-client communication or is 
protected by another privilege recognized under the law.  Do not distribute, forward,  or release without 

the prior approval of the sender or 82 TR W/JA. 

MEMORANDUM FO 

FROM:  361 TRSICCQ 

SUBJECT:  Notification Memorandum 

fi 

1.  I am recommending your discharge from the United States Air Force for discreditable 
involvement with military and civil authorities.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraph 5.50.1. 
characterized as honorable or under honorable conditions (general).  I am recommending that 
your service be characterized as under honorable conditions (general). 

If my recommendation is approved, your service will be 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 3 Jun 01 and on or about 4 Jun 01, 

violate a lawful general instruction, to wit: Paragraph 5.2.5,  SAFBl 36-2902, dated 15 Oct 97, by 
failing to return to and remain in your assigned dormitory room from 2100-0400 hours.  For this 
misconduct, you received a Letter of Reprimand (LOR) on 5 Jun 01. 

b.  You, who knew of should have known of your duties at or near Sheppard AFB TX, on or 
about 24 Jan 01, were derelict in the pedormance of those duties by disobeying a direct order 
and failing to report to building 1954 for details.  For this misconduct, you received an LOR on 
29 Jan 01. 

c.  You did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawful general 
instruction, to wit: paragraph 5.2.2,  SAFBl 36-2902, dated 15 Oct 97, by failing to remain in 
proper rnilitary uniform at all times and not wear civilian clothes on or off duty.  For this 
misconduct and subparagraphs "dm and "en below, you received an LOR on 29 Jan 01. 

d.  You did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawful general 

instruction, to wit: SAFBl 36-2902, dated 15 Oct 97, paragraph 2.1.12,  by smoking in an 
undesignated outside area. 

e.  You did, at or near Sheppard AFB TX, on or about 21 Jan 01, violate a lawful general 

instruction, to wit: SAFBl 36-2902, dated 15 Oct 97, paragraph 5.2.5,  by failing to return to and 
remain in your assigned dormitory from 21 00 - 0400. 

f.  You did, at or near Sheppard AFB TX, on or about 11 Jan 01, fail to go to your appointed 

place of duty at the prescribed time, to wit: 
subparagraph "g" below, you received an LOR on 12 Jan 01. 

For this misconduct and 

g.  You did, at or near Sheppard AFB 
place of duty at the prescribed time, to w 

01, fail to go to your appointed 

* 

h.  You did, at or near Sheppard AFB TX, on or about 5 Jan 01, fail to go to your appointed 
place of duty at the prescribed time, to wit:  rnoming details at 0600 and accountability at 0800, 

1000, and 11 30.  For this misconduct and subparagraphs "i" and "j" below, you received an LOR 
or1 8 Jar1 01. 

i. You did, at or near Sheppard AFB TX,  on or about 4 Jan 01, fail to go to your appointed 

place of duty at the prescribed time, to wit:  Morning accou~~tability at 0600. 

j.  You did, at or near Sheppard AFB TX, on or about 3 Jan 01, fail to go to your appointed 

place of duty at the prescribed time, to wit: details. 

k.  You did, at or near Sheppard AFB TX, on or about 19 Dec 00, violate a lawflfl general 

instruction, to wit:  Paragraph 5.2.5,  SAFBl 36-2902, dated 15 Oct 97, by failin'g to-return to and 
remain in your assigned dormitory room from 21 00-0400 hours.  For this misconduct, you 
received an LOR on 20 Dec 00. 

I.  You,  having knowledge of a lawful order issued by 

-, 
to sit on the ground, an order which it was your duty to obey, did, at or near Sheppard 
AFB TX, on or about 15 Dec 00, fail to obey the same.  For this misconduct and subparagraphs 
"mn and "n" below, you were found guilty by a Special Court-Martial on 25 Jun 01. 

armed force policeman, persons authorized to apprehend the accused. 

n.  You were, at or near Sheppard AFB TX, on or about 15 Dec 00, drunk and disorderly. 

o.  You did, at or near Sheppard AFB TX, on or about 15 Sep 00, talk in formation and talk 

back to a student leader.  For this misconduct, you received an AF Form 174, Record of 
Individual Counseling, on 21 Sep 00. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
to reenlist in the Air Force and will probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonuses or education assistance will be subject to recoupment. 

3.  You have the right to consult counsel. 
I have made an appointment for you to co 
BLDG 1638, on 2 \ S c p  01 
counsel at your own expense. 

at 

I has been obtained to assist you. 

, Area Defense Counsel, at 
ou may consult civilian 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  2!%k'f 9-  (  01, unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You were scheduled for a medical examination on 17 Sep 01, 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
cbpy of AFI 36-3208 is available for your use in the 361 TRS student administration office. 

8.  Execute the attached acknowledgment and return it to me immediately. 

sq;adron  Section commander 

--m- 

, 

- 

0 1 
1 

18 Sep 01 
1 C Case, 13 Jan 01 

Attachments: 
1.  LOR, 5 Jun 01 
2.  AF Form 1 168, 
3.  AF Form 1 168, 
4.  AF Form 1 168, 
5.  LOR, 29 Jan 01 
6.  LOR, 29 Jan 01 
7.  LOR, 12 Jan 01 
8.  MFR 
9.  AF F 
10.  LOR, 8 Jan 01 
1 1.  LOR, 20 Dec 00 
12.  AF Form 1168 
13.  AF Form 1 168 
14.  Special Court- 
15.  DD Form 490, 25 Jun 01 w1Article 64(a) 
16.  AF Form 1359,25 Jun 01 
17.  DD Form 458.1 May 01 
18.  Stipulation of Fact, 2 
19.  Unsworn Stat 
20.  AF Form 174, 
21.  AF Form 1 168, 
22.  AF Form 1168, 
23.  Student Training Report, 01005 
24.  LAFB Form 205,15 Aug 01 
25.  AF Form 2098,28 Jun 01 
26.  AF Form 2098,14 Sep 01 
27.  Airman's Receipt to Notification Memorandum