AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

       

   
 

SIGNATURE OF REC@EDER ___ és __-L SIGNATURE OF BOARD PRESIDENT. _________------------------

 

 

 

 

 

 

 

 

 

    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
PERSONAL APPEARANCE X RECORD REVIEW
ON NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND QQORGANIZATION OF COUNSEL
YES NO
xX
MEMBERS SITTING ;
ISSUES INDEX NUMBER Ee NHiBTTS Sup
A 93.01, A92.37 A91.00 1 | ORDER APPOIN
9 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-10 FD2002-0202 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE :

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
GERE TE BG EC

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

  

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

  
  
  

AFHQ FORM 0-2077, JAN 00 Previous édition will be used.

(EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gypy002-0202

GENERAL; The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board 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 or that provided by applicant provides sufficient basis in
clemency for a change of discharge.

Issue. The applicant did not receive an administrative discharge. He received a Bad Conduct Discharge, a
punitive discharge, as part of his sentence resulting from a Special Court Martial conviction. Under the
provisions of Title 10, U.S.C., Section 1553, the only basis for change of a Bad Conduct Discharge, is
clemency. The applicant submitted no evidence to warrant clemency and none was evident in the record.

CONCLUSIONS: The Discharge Review Board concludes that the applicant’s punitive discharge by
Special Court Martial was appropriate under the facts and circumstances of this case and there is
insufficient basis as an act of clemency for change of discharge.

Attachment:
Examiner's Brief
FD2002-0202
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

*

 

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 95/03/20 UP Special
Court Martial Order No.35 (Conviction by Court Martial). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 73/07/03. Enlmt Age: 17 11/12. Disch Age: 21 8/12. Educ: HS DIPL.
AFOT: N/A. A-70, E-56, G-70, M-44. PAFSC: 2W031B - Munitions Systems
Apprentice. DAS: 91/12.

b. Prior Sv: (1) AFRes 91/06/03 - 91/09/18 (3 months 15 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 91/09/19 for 4 yrs. Svd: 03 Yrs 06 Mo 02 Das, of which
“AMS is 3 yrs 2 months 6 days (excludes 3 months 26 days lost time)

b. Grade Status: AB - 93/04/20 (SCMO#35, 93/08/31)
AMN - 92/03/19

c. Time Lost: 92/12/02 - 93/03/28 (3 months 26 days).

d. Art 15’s: None.

e. Additional: None.

£. CM: Special Court Martial Order No.5 - 92 Dec 28
CHARGE I. Article 121. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Cannon AFB, NM, between on or
about 15 May 92 and on or about 31 May 92, steal seven numbered
checks and two unnumbered temporary checks, of a value less than
$100.00, the property of ----+---- . Plea: Guilty. Finding: Guilty.
CHARGE II. Article 123. Plea: Guilty. Finding: Guilty.

Specification 1: Did, at or near Cannon AFB, NM, on or about 26
May 92, with intent to defraud, falsely make in its entirety

including the signature of ----- a certain check to wit: check
numbered 115 of ------- Bank, payable to ---~-- , Eor $10.00, which
said check would, if genuine, apparently operate to the legal harm
of ----~-- . Plea: Guilty. Finding: Guilty.

Specification 2: Did, at or near Cannon AFB, NM, on or about 27
FD2002-0202

May 92, with intent to defraud, falsely make in its entirety

including the signature of -------- a certain check to wit: check
numbered 116 of ~-------- Bank, payable to ------ , Lor $15.00,
which said check would, if genuine, apparently operate to the
legal harm of ------- . Plea: Guilty. Finding: Guilty.

Specification 3: Did, at or near Cannon AFB, NM, on or about 27
May 92, with intent to defraud, falsely make in its entirety

including the signature of ~«---~--- a certain check to wit: check
numbered 117 of ------- Bank, payable to ---~+--- , for $15.00,
which said check would, if genuine, apparently operate to the
legal harm of -------- . Plea: Guilty. Finding: Guilty.

Specification 4: Did, at or near Cannon AFB, NM, on or about 29
May 92, with intent to defraud, falsely make in its entirety
including the signature of ----- -- a certain check to wit: check
118 of --~------ Bank, payable to ------- , for $20.00, which said
checks would, if genuine, apparently operate to the legal harm
iia . Plea: Guilty. Finding: Guilty.

Specification 5: Did, at or near Cannon AFB, NM, on or about 30
May 92, with intent to defraud, falsely make in its entirety
including the signature of ------- a certain check to wit: check
119 of --------- Bank, payable to ------- , for $20.00, which said
checks would, if genuine, apparently operate to the legal harm of
soccer . Plea: Guilty. Finding: Guilty.

Specification 6: Did, at or near Cannon AFB, NM, on or about 23
May 92, with intent to defraud, falsely make in its entirety

including the signature of ------~-- a certain check to wit: a
temporary unnumbered check of ---~------ Bank, payable to ---~---- ,
for $20.00, which said check would, if genuine, apparently operate
to the legal harm of -------- . Plea: Guilty. Finding: Guilty.

Specification 7: Did, at or near Cannon AFB, NM, on or about 25
May 92, with intent to defraud, falsely make in its entirety

including the signature of ----~---- a certain check to wit: a
temporary unnumbered check of --------- Bank, payable to -------
for $15.00, which said check would, if genuine, apparently operate
to the legal harm of -------- . Plea: Guilty. Finding: Guilty.

CHARGE III. Article 121. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Cannon AFB, NM, on or about 24 Sep
92, steal gasoline, of a value less than $100.00, the property of
the United States Air Force.

CHARGE IV. Article 134. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Cannon AFB, NM, between on or

about 01 Mar 92 and on or about 30 April 92, take indecent
liberties with a female under 16 years of age, not his wife, with
FD2002-0202

intent to arouse the sexual desires of the female and himself.
Sentence adjudged on 2 Dec 92: Bad Conduct Discharge, confinement
for 135 days, forfeiture of $500.00 pay per month for five months,
and reduction to the grade of E-1.

g. Record of SV: (Performance Reports missing from file).
(Discharged from Cannon AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (03) Yrs (05) Mos (25) Das
TAMS: (03) Yrs (02) Mos (09) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/30.
(Change Discharge to Honorable, Change the Reason and Authority for
Discharge, and Change the RE Code)

Issue 1: My discharge was given to me on the fact I made a mistake at a
young age.

Issue 2: I request a honorable discharge so that I can receive VA benefits.

Issue 3: I request a honorable discharge so that I may re-enlist & serve my
country again.

Issue 4: I committed the offense trying to get home because of my break up
with my fiance at the time.

Issue 5: I pray the Board grant me my plea for an honorable discharge.

ATCH
none.

02/08/19/ia
A |
“ INDEX=AF 2098 03/25/1993 PG 4

REQUESTOR= - NPRC

DEPARTMENT OF THE AIR FORCE.
HEADQUARTERS 27TH FIGHTER WING (ACC)
Cannon Air Force Base, New Maxica 88103-5000

ee

Special Court-Martial Order 7 — *
No. 5 -28 December 1992

 
  

Mm! United States Air Force, 27th Equipment.
qd at Cannon Air Force Base, New Mexico, on
tial convened by this headquarters.

CHARGER I. Article 121. Plea: G, Finding: G.

Spacification: Did at or near Cannon Air Forces Base, New Mexico, between on
or about 15 May 1992 and on or about 31 May 92, steal seven numbered checks

and two un temporary checks, of a value leas than $100.00, the
property o m. Plea: G. Finding: G.

CHARGE II. Article 123. Plea: G. Finding: G.

Specification 1: Did at or near Cannon Air Force Base, New Mexico, on or

about 26 May 1992, with intent efraud, falsely make in its entirety

including the signature of ace o wit: check

numbered 115 of First National Bank, payable to for 810.00,

vhic d check would, if genuine, apparently operate to the legal harm of
Plea: G. Finding: @G.

Specification 2: Did at or near Cannon Air Force Base, New Mexico, on or
about 27 May 1992, .with i t to defraud, falsely make in its entirety

including the signature of aaa 3 certain check to wit: check
numbered 116 of First National Bank, payable to for $15.00,

 

whic scheck would, if genuine, apparently operate to the legal harm of
Plea: G. Pinding: G,
Specification 3: Did at or near Cannon Air Force Base, New Mexico, on or
about 27 May 1992, with int defraud, falsely make in its entirety
inaluding the signature of saliahiniiieenes: certain check to wit: check
numbered 117 of First National Bank, payable to for $15.00,
whi check vould, if genuine, apparently operate to Che legal harm of
Plea: G. Finding: G.
FILE
USAF MASTER PERSONNEL RCDS GP
iNITIALS _ ‘ DATES
HQ USAF (AF/JJAJM)
SPCMO No. 5 /
B }

INDEX=CMORDC 12/28/1992 PG 1
INDEX=CMORDC 12/28/1992 PG 1

Specification 4: Did at or near Cannon Air Force Base, New Mexico, on or
about 29 May. 1992, with intent. fraud, falsely make in its entirety
including the signature of certain check to wit: check
numbered 118 of First National Bank, payable to CT for $20.00,
vi) mati eck would, if genuine, apparently operate to the legal harm of
wainaiiiieibe b1s2: G. Finding: G. .

Specification §: Did at or near Cannon Air Force Bane, New Mexico, on or

about 30 May 1992, with in : nd, falsely make in its entirety

including the signature of & certain, check to wit: check

numbered 119 of First National Bank, payable t ’ or $20,00,

whic’ heck would, if genuine, apparently operate to the legal harm of

Plea: G. Finding: G.

Specification 6: Did at or near Cannon Air Force Basa, New Mexico, on or about

5 23° May 1992, with to defraud, falsely make in its entirety including
the signature of. a certain “canal ‘ia a temporary unnumbered

: check of First National Bank, payable to- for §20.00, which aaia

eC wuld, if genuine, apparently operate to the legal harm
lea: G. Finding: 6.

Bpecification 7: Did at or near Cannon Air Force Base, New Mexico, on or about
25 May 1992, with dint to defraud, falsely make in its entirety including
the signature of pandas certain check to wit: a tomporary unnumbered
check of Pirst National Bank, payable to @a@MMMIME, for $15.00, which said

‘isi would, if genuine, apparently operate to the legal harm coy

Plea: 9. Finding: G.
CHARGE III. Article 121. Plea: @. Finding: G6.

Bpecification: Did at or near Cannon Air Force Base, Nav Mexico, on or about
24 September 1992, ateal.gasolina, of a value less than $100.00, the property
of the United States Air Porce.

CHARGE IV. Article 134. Plea: G. Finding: 6.

Specification: pid at or near Cannon Air Force Base, New Mexico, batyween on
or about 1 March 1992 and on or about 30 April 1992, take indecent liberties

with a female under 16 years of age, not his wife, with intent to arouse the
sexual desires of the female and himself.

he

SENTENCE

Sentence adjndged on 2 December 1992: Bad Conduct Discharge, confinement for
135 days,-. forfeiture of $500.00 pay per month for five months, and reduction
to the grade of E+).

C

INDEX=CMORDC 12/28/1992 PG 2