Search Decisions

Decision Text

AF | DRB | CY2003 | FD2002-0332
Original file (FD2002-0332.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNMAN 

TYPE 

I 

mlW=.  r 

PERSONAL APPEARANCE 

I  NAME OF COUNSEL AND OR ORGANIZATION 

I 
I  X  RECORDREVIEW 
I  ADDRESS A M )  OR ORGANIZATION OF COUNSEL 

A 

MEMBERS SITTING 

VOTE OR THE HOARD 

HON 

CEN 

UOTHC 

OTHER 

DENY 

ISSVW 
A93.09 

HEARING DATE 
26 FEE 03 

mu NUMBER 
A67.10 

I 

CASE NUMBER 
FDZOOZ-0332 

I 

I 

I 

I 

I 

I 
IWRlBITS SVBMflTGD rY)m&905Rn 

APPLICATION FOR REVIEW OF DISCHARGE 

1  I ORDER APPOINTING THE BOARD 
2 
3 
4 

LEITER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS S U B M T E D  AT TIME OF 
PERSONAL APPF.ARANCE 
I I TAPE RECOFWING 01:  PERSONAL APPERANCE HEARING 

~~s a Issue AND THE 

WTl  Mi* 

DI 

'9 

2 

. ,  

, . , *  
REMARKS 
Case heard at Washington, D.C. 

I< 

, 

) 

Advise applicant of tbe decision of the Board, the right to a personal appearance withhvithout counsel, and the right to 
submit an application to the AFBCMR 

.e*  ., ' ",* 
7. *. 
$= 
,c 
;\," 
TO: 

2 

*- 

" 

,  I C,  i F-W- 

,  , 

v < < A ! d  
'tb: 

+ +   y 

SAF/MIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78 150-4742 

?sS ,, 
, 
FROM. 

"" i. 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

DATE: 28 mB 03 
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WMG, 3w  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0332 

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the Reason and 
Authority for discharge, and to change the RE Code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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

FINDINGS:  Upgrade of discharge is denied. 

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety, which would justify a change of discharge. 

ISSUE:  Applicant believes his discharge was too harsh because it was due to marital problems and not to 
duty performance.  The record indicates the applicant received an Article 15 for wrongfully ignoring a no 
contact order with his wife and assault.  He also received a Vacation action of a suspended bust under the 
UCMJ  for  willfully  damaging  a  wall  by  throwing  a  picture  against  it.  And,  he  received  a  Letter  of 
Reprimand for a domestic dispute.  The DRB took note of the applicant's duty performance as documented 
by  his record.  They  found the  seriousness of the  willful misconduct  offset  any  positive aspects of  the 
If  the  applicant  can  provide  additional  documented  information  to 
applicant's  duty  performance. 
substantiate  an  issue, the  applicant should  consider  exercising his  right  to  make  a  personal appearance 
before the Board.  If he should choose to exercise this right to a personal appearance hearing, the applicant 
should be  prepared to provide the DRB with  factual  evidence of  the  inequity and  any exemplary  post- 
service  accomplishments as  well  as  any  contributions  to  the  community.  The  Board  concluded  the 
discharge was appropriate for the reasons that were  the  basis  for this case.  The characterization of  the 
discharge received  by  the applicant was found to be  appropriate.  The Board found no evidence of  any 
inequity or impropriety on which to base a decision to upgrade the discharge. 

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. 

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

,-.-......-.-....-.-....~.~....~.~.... 

AM)REWS  AFB,  MD 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW  BOARD 

(Former M N )  (HGH A1C)  . 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 22 JUN  99 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for an 
Honorable Discharge, tochange the RE Code and  Reason and Authority for 
Discharge. 

a. DOB: 02 NOV 79.  Enlmt Age:  18 4/12.  ~ i s c h  Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-44,  G-37,  M-60. PAFSC: 3P031 -  Security Apprentice. 
DAS: 18 DEC 98. 

b.  Prior Sv:  (1) AFRes 27 MAR 98 -  28 JLTIt  98 (4 months 2 days) (Inactive). 

a.  Enlisted as A1C 29 JUL  98 for 4 years. Svd:  00 Yrs 10 Mo 24 Das, all 

AMS  . 

b.  Grade Status:  AMN  -  29 APR 99 (Article 15, Vacation, 18 May 99) 

c.  Time Loat:  None. 

d.  Art 15,s:  (1) 18 May 99, Vacation, Minot AFB, ND -  Article 108.  You, 

did, on or about 12 May 99, without proper authority, 
willfully damage by throwing a picture against the 
wall, military property of the United States, the 
amount of said damage being in the sum of about $45.00. 
Article 134.  You, were, on or about 12 May 99, 
disorderly, which conduct was  of a nature to bring 
discredit upon the arrned forces.  Reduction to Amn,  and 
forfeiture of $100.00 pay per month for one month. 
(No appeal )  (No mitigation) 

(2) 29 April 99, Minot AFB, ND -  Article 92.  You, having 
knowledge of a lawful order issued by SMSgt -------  to 
not have any contact with your wife, -------  until 
further notice, an order which it was your duty to 
obey, did, on or about 16 Apr 99, fail to obey the same 
by wrongfully returning to your residence at 105-4 
Landing Court.  Article 92.  You, having knowledge of a 
lawful order issued by SMSgt ------- to not have any 
contact with your wife, -------  until further notic.e, 
an order which it was your duty to obey, did, from on 
or about 18 Apr 99 .to on or about 21 Apr 99, fail to 
obey the same by wrongfully returning to your residence 

at 105-4 Landing Court.  Article 128.  You, did, on or 
about 3 Apr 99, assault -------  by: slapping her hand 
with your open hand, knocking the glass she waB  holding 
out of her hand.  Suspended reduction to Amn, 
forfeiture of $100.00 pay per month for 2 months 
($100.00 pay per month for 1 month suspended), and a 
reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 04 FEB 99 -  Domeatic d,ispute. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Minot AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of S v :   TMS:. (01) Yra  (02) Mos  (26) Das 
TAMS: (00) Yra  (10) Mos  (24)  Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 30 Jul 02. 

(Change Discharge to Honorable, Change the RE Code, and Change the Reason 

and Authority for Discharge) 

Issue 1:  To whom it may concern, 1 believe my discharge and reentry code is 

improper due to the facts leading up to my discharge wich  (sic) was marital 
problems.  I believe my discharge and reentry code should reflect my service not 
my home life.  The reentry code of 2B will not allow me to ever serve my country 
again that I served so well with pride.  Other than marital problem I have never 
dishonorable (sic) to the Air Force or my country.  Furthermore I would like to 
mention that my wife and 1 was in a difficult situation, at the young age of 19 
we were married with one child and one on the way in such a remote assignment 
1500 miles away from home. 

Issue 2:  On 9/11/01 a horrific event took place, and all I could do was sit 

and cry wishing I was still able to fight and defend my country.  I would love 
to have the opportunity to do so someday, but a 28 reentry code prevents me from 
doing so.  I am asking that:  you please consider the enclosed documents when 
reviewing my  reentry code and discharge. 

ATCH 
1. Area Defense Counsel Memorandum. 
2. Response to Proposed Article 15 Vacation Action. 
3. Response to Administrative Discharge Action. 
4. Character Reference. 

18 Nov 02/ia 

> 

I 

MEMORANDUM FOR CC 

.--Fpabd2  b 3 3  t 

DEPARTMENT O F  THE AIR  FORCE 

U.S. AIR FORCE 

HEADOUARTERS 6TH BOMB W l N a  (ACC) 

MINOT AIR  FORCE BASE. NORTH OAKOTA  I!9 

1947 - 1997 

r7 JUN  '9 

FROM:  JA 
SUBJECT:  Legal Review - AFI 36-3208, Paragraph 5.49  Discharge, 

Amn: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. 

5 SFS, Minot AFB ND 
....................... 

1.  I reviewed the administrative discharge action against ~ m n i  .---------------------- 
legally sufficient to support his discharge from the Air Force. 

iand find it 

---------. 
2.  BASIS FOR THE ACTION:  Administrative action against ~ m n ;  --------. 
misconduct pursuant to AFI 36-3208, Section H, paragraph 5.49  (Minor Disciplinary 
Infractions).  'The  pattern of misconduct consists of the following acts: 

iis based on 

a.  On or about 22 Jan 99, Arnn;----------------, 

:was involved in a physical altercation with 
his wife at his residence in base housing.  He wrestled his wife to.the ground during a 
verbal argument and caused minor bruising to her arm and side.  After she escaped 
his grasp, she went into the kitchen and returned with a steak knife.  Amn (--------: 
wrestled with her again causing his ear to be scratched/cut.  His injury required 
medical treatment.  He was given a Letter of Reprimand on 5 Feb 99.  (Atch 1) 

C..  . . . ... I 

.-------- 

b.  On or about 3 Apr 99, Amn  ------_- 

i assaulted his wife by slapping her hand with his 

open hand, knocking the glass she was holding out of her hand.  He was given a no 
: failed to obey an order 
contact order on 3 Apr 99.  On or about 16 Apr 99, ~mn;:::::::, 
given to him by the first sergeant not to have contact with his wife.  He failed to obey this 
order - - by -  - returning 
- - - - , 
Amn; - - - - - - - - m 
He was punished under Article 15 of the UCMJ on 28 Apr 99 and an U~ifavorable 
Information File (UIF) was established.  (Atch 1) 

:again failed to obey the same order by wrongfi~lly returning to his residence. 

to his place of residence.  On or about 18 Apr 99 through 21 Apr 99 

c.  On or about 12 May 99, without proper authority, Amn: .--------- 

)rvillfully damaged 
military property of the United States by throwing a picture against a wall, resulting in a 
5 112;  x-2-3/4,' hole in the wall.  The amount of said damage was approximately $45.00. 
i disorderly conduct was of a nature to bring discredit upon the armed 
Amn : 
for~ek;-~."Fik'sus~ended nonjudical punishment was vacated on 20 May 99 and the 
vacation was added to his existing UIF.  (Atch 1) 

I - - - - - - - - - -  

;a:AnrrE-RS 

SUBMlnED BY THE RESPONDENT:  ~

r
i consulted with 

n

~

~

- -. . -. . -. . # 

on his own behalf.  On 13 Jun 99, Amni 
himself and from the Area Defense ~ o < n s e c - ~ ~ i s  

' Area Defense Counsel on10 Jun 99 and chose to submit statements 
!submitted a written statement from 
response contained the following 

Golden Legacy, Boundless Future.. . Your Nation 3 Air Force 

information:  He indicated that he received orders to Minot AFB and even though his 
gaining commander denied his orders he was still assigned to Minot AFB.  He was 
married in Dec 98 and in Jan 99 he and his wife were involved in a domestic dispute. 
She was arrested and convicted for assault.  Arriving at Minot AFB presented a 
challenging environment for his wife and himself.  Being away from home, friends, and 
family was extremely stressful to their relationship.  He stated he is greatly embarrassed 
by the events that have taken place over these few months, but he does not think his 
personal life has affected his job performance.  If he is given a general discharge, it could 
have a negative effect on him and have an impact on his ability to get a good job.  The 
stigma of an other than honorable discharge has negative connotations.  He comes from a 
law enforcement farrrily and it is his intent to patrol the streets of America. 

, - - - - - - - - - - - 
4.  COMMANDER'S 
RECOMMENDA"TI0N: The squadron commander has considered 
Amn : -. . -. . -. - a  
:written response and the character statements he submitted in response 
to the recommendation for discharge.  However, the commander desires to proceed with 
the general discharge. 

5.  DISCUSSION:  There are four questions that must be addressed before discharging 
Amn Cheny.  They are as follows. 

..-..-..-- 
a.  BASIS FOR DISCHARGE:  In deciding whether Amril--------- 

"- 
i initiated the altemtion by wrestling his wife to the ground in what 

i is to be discharged, 
you must first determine if there is a basis for discharge.  In determining whether there 
is a basis for discharge, you may w~ty oq~ns~$e misconduct described in paragraph 2. 
Within the first six weeks on station, Amni 
:was involved in a physical altercation with 
his wife in base W n q .  The fads detivd-fiom'the investigation led the commander to 
mndude  that Amin"- 
had started as a v4itjiikliercation. On 3 Apr 99, Arnni--------- 
physical altercation with . - his 
- - - ,  Based on the violen6&of&e two incidents, the 
:violated this order on 
commander gave Amn i 
numerous mms-ions by'Mming to his residence . By defiffriih, minor disciplinary 
infractions involve failure to comply with nonpunitive regulations or minor offemnsuder the 
UCMJ which resutt in cwnselings, letters of reprimand or Article 15's.  Amn i 
conduct falls within this definition of minor disciplinw infractions and thus, di'bii5;5'for 
discharge under AFI 36-3208, paragraph 5.49. 

:a no contact order.  ArnnI--------- 

:was again involved in a 

- - - - wife. 

i should be discharged.  You may consider Am0 

b,-APPROPRIA'TENESS  OF DISCHARGE:  Next, you mus!de?efmine whether 
hntire military 

~ m n  
record-wkii making this determination.   mi -"-'-' 
Less than a month after reporting for duty at hi(iiioii AFB, he received a Letter of 
Reprimand for a violent altercation with his wife at base housing.  Less than two months 
later he was involved in another similar violent incident.  He was immediately given a no 
contact order but returned to- his residence less than two weeks later.  He continued to 
violate the no contact order over the next five days.  He was given an-Afljcjej5 on 28 
Apr 99.  The suspended punishment was then vacated because Amni 
involved in disorderly conduct on 12 May 99 which resulted in damage-iowernment 

: arrived ai-tdina AFB on 18 Dec 98, 

i was 

- - - - - - - - - - - - , 
:conduct shows a severe and persistent disregard for military 
ProPert~. Amnl- - - - - - - - - - - m  
standards and his actions are disruptive to good order and discipline.  He has not only 
been involved in a pattern of violent misconduct but he has also repeatedly and 
purposefully violated a direct order from his commander which was given in an attempt 
to allay the violence at home.  The commander has used various administrative and 
disciplinary tools to try and rehabilitate ~ m n r - - - - - - - -  
--------- 5  but to no avail.  Given his entire 
military record - specifically 
rr~isconduct - Amn : 

, - - - - - - - - .  his short time in the military coupled with his string of violent 
L - - - - - - - - i should not remain in the Air Force. 

--------- 

(1)  An-w-I l--------m 

:has 10 months active duty service.  His current enlistment 

began on 29 Jul98.  He has not received an EPR evaluation in this enlistment. 
(Atch 5) 

: be 
(2)  On 10 Jun 99, the squadron commander recommended that Arnri;--------' 

discharged with a general discharge.  After reviewing the case file, I concur wiih-ihai 
recommendation. 

--------- i  should 
.  be discharged, you must also determine the characterization of discharge.: Characterization 

c.  CHARACTERIZATION OF SERVICE:  If you determine that AmnC-------- 

of service will be determined solely by the member's military record during the current 
enlistment.  Following are the three types of characterization of senrice. 

(1)  Under Other Than Honorable:  An under other than honorable conditions 
discharge is appropriate when the airman's conduct is a serious departure from the 
standards expected of ainnen.  (A recommendation for an under other than honorable 
conditions discharge carries with it the right to an administrative discharge board.) 

(2)  General:  If the case file does not demonstrate such a serio~~s departure 

from expected standards, but significant negative aspects of an airman's conduct 
outweigh the positive aspects, then a general discharge is appropriate. 

(3)  Honorable:  Arr  honorable discharge is appropriate when the quality of a 

member's service record generally has met Air Force standards of acceptable conduct 
and performance of duty, or has been so meritorious that any other characterization 
would be clearty inappropriate. 

. 

In this case, Amn  - - - - - - - - - ; m 
under other than honorable conditions discharge.  However, his repeated misconduct. 
when balanced with his military record during this current enlistment justifies the, 
awarding of a general discharge. 

'  Isconduct has not been so deleterious as to warrant an 

d.  PROBATION AND REHABILITATION:  If you decide that discharge is warranted, 
_ -. . . . - _.I :has failed to respond to repeated 

you must also decide if probation and rehabilitation (P&R) is appropriate.  ~rnn[::I:I:l 
commander does not recommend P&R.  AlCi--------- 

rehabilitative measures.  He has little concern for military standards and seems 
unwilling to change his behavior.  Accordingly, P&R should not be offered in this case. 

6.  ERRORS AND IRREGULARITIES: There are no errors or irregularities which 
materially affect the procedural or substantive rights of the member. 

7.  AC'I'ION  WHIGH MAY BE TAKEN:  As the SPCM authority, your options are: 

a.  Retain Amni --------, 

:if the evidence does not support discharge; or, 

b.  Return the case to the squadron for processing under a more appropriate provision; or, 

c.  Return the case to the squadron to reinitiate the action to make him entitled to a 
discharge board hearing, if you believe that an under other than honorable conditions 
discharge may be warranted; or, 

d.  Discharge Amn i 

probation and rehabilkaf [OR-'or, 

--------- 

i with a general discharge, with or without suspension for 

e.  Forward your recommendation with specific reasons for an honorable discharge, 

with or without suspension for PAR, to 8 AF/CC. 

8.  RECOMMENDATION:  I recommend that you separate ~ m n  
discharge without suspension for probation and rehabilitation.  If you concur, please 
sign the letter at attachment 1. 

i with a general 

i'--'----- 
--------- 

Y 

L - - - - - - - - -  

.......................... 

S)h  Judge Advocate  u 

-  - - - - - - - - - - - - - I  

Attachments: 
1.  Letter 
2.  Case File 

DEPARTMENT O F  THE AIR  FORCE 

HEADPUARTERB 6TH BOMB WINO (ACG) 

..  . 

U.S.  AIR FORCE 

MINOT AIR f ORCE dABE.  NORTH DAKOTA  B 

...................................................... 

1947 - 1997 

9JuNIg&g 

MEMORANDUM FOR AMN: . . -. -. . -. -. . . . -. -. . -. -. . . . -. . . . -. -. . -. -. . . . -. -. . -. -. .:, ' 5 s F s  
FROM:  5 SFSJCC 
SUBJECT:  Letter of Notification - AFI 36-3208, Paragraph 5.49. 

1.  I am recommending your discharge from the United States Air Force for misconduct; 
specifically, minor disciplinary infractions.  The authority for this action is AFI 36-3208, 
Section H, paragraph 5.49.  If my recommendation is approved, your discharge will be 
characterized as general or honorable.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On or about 22 Jan 99,  you were involved in a physical altercation with your wife 
at your residence in housing.  You wrestled her to the ground during a verbal argument 
and caused minor bruising to her arm and side.  After she escaped your grasp, she went 
into the kitchen and returned with a steak knife.  You wrestled again and she somehow 
scratchedlcut your ear requiring medical treatment.  You were given a written no contact 
order on 3 Apr 99 and a Letter of Reprimand on 5 Feb 99.  (Atch 3-5) 

J 

b.  On or abo~~t 16 Apr 99, you failed to obey an order given to you by the first 

sergeant not to have contact with your wife.  You failed to obey this order by returning to 
your place of residence.  On or about 18 Apr 99 through 21 Apr 99 you failed to obey the 
same order by wrongfully returning to your residence.  On or about 3 Apr 99, you 
assautted your wife by slapping her hand with your open hand, &king 
was holding out of her hand.  You were punished under Article 15 of the UCMJ on 
28 Apr 99 and an Unfavorable.Inforrnation File (UIF) was established.  (Atch 6-21) 

the glass she 

c.  On or about 1 2 May 99, without proper authority, you willfully damaged military 
property of the United States by throwing a picture against a wall.  The amount of said 
damage was approximately $45.00.  Your disorderly conduct was of a nature to bring 
discredit I-lpon the armed forces.  Your suspended nonjudical punishment was vacated 
on 20 May 99 and this was added to your existing UIF.  (Atch 22-26) 

3.  The Letter of NoWkation with attachments will be forwarded to the separation authority 
in support of this recommendation.  The Commander exercising SPCM jurisdiction 
(5 BWICC) or a higher authority will decide whether you will be discharged or tetaIned in 
the Air Force, and if ~ O I J  are discharged, how your service will be characterized.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force. 

Golden Lqpcy, Boundless Future ... Your Nation's Air Force 

h q9  , 1999.  YOU may consult civilian counsel at your own expense. 

4.  You have the right to consult counsel.  Military legal counsel has-been-obtained to 
assist you.  I have made an appointment for you to consult Captaiq  ---; Area 
Defense Counsel, at his office, 300 Summit Drive, Room 306A, at  6%  hwrs, on 
I I 
5.  You have the right to submit statements in your own behalf,  Any statements  ou 
want the separati~n authority to consider must reach me by  om  hours, on A!i&, 
1999, unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

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

7.  You have been scheduled for a medical examination.  You must report to the 5th 
Medical Group Hospital, 10 Missile Avenue, Minot AFB,  ND at J3k hours, o n l m d   , 
1999 for the examination.  You must not drink alcoholic beverages 72 hours prior to the 
exam. 

8.  The Privacy Act Statement of 1974 covers any personal information you furnish in 
rebuttal.  A copy of AFI 36-3208 is available for your use in the Orderly Room. 

9.  Sign the attached acknowledgment and the Statement of Understanding and return 
them to me immediately. 

.---------------------------------------------------------- 

Commander, 5th Security Forces Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  No Contact Order, 3 Apr 99 
4.  Letter of Reprimand, 4 Feb 99 
5.  Response to Letter of Reprimand, 5 Feb 99 
6.  AF FAA  3070, Record of Nonjudical Punishment Proceedings, 6 May 99 
; 14 Apr 99 
7.  AF FM 1168, Statement of Witness/Complainant, SSgtr-------- 

8.  AF FM 1 168, Statement of Witness/Complainant, Amn \ - - - - - - -. : 14Apr 99 

9.  Blotter entry, no date11422 
10.  Blotter entry, not date11 71 3 
1 1.  AF FM 1 168, Statement of WitnessJCornplainant, TSgt  - - - - - - - - :, 14Apr99 
12.  AF FM 3545, Incident Report, 3 Apr 99 
(Continued on next page) 

, - - - - - - - - - ,  

i--------' 

r  3 Apt 9911310 

13.  AF FM 1 168, Statement of Witness/Comp!-ainan!, ; Ms AFr.5.md 
14.  AF FM 1 168, Statement of Suspect, A1 C; .-.-. .-_,, 
15.  No contact Order, 3 Apt 99 
16.  AF FM 3545,  Incident Report, 16 Apr 99 
17.  AF fM  1 168, Statement of W itnessIComplainant, Ms 1. ,....,.. -. 
18.  AF FM 1 168, Statement of WitnesslComplainant, Amn i.. ..... .,,, 
1 9.  AF FM 1 168,-.Statement of WitnesslComplainant, TSgt  --- --. -- ,, 
20.  Memo for Record, SSgt 
21.  Memo for Record, S ~ s g t  [--------- 
22.  AF FM 366,  Record of Pr&eedings  of Vacation of Suspended Nonjudical 

: 3 Apt 9911 423 
:  16Apr99 
:  16Apr99 

-- i 21 Apr 99 

i  19 Apt 99 

, - - - - - - - - - , 

. - - - - -, 

Punishment, 24 May 99 

23. Blotter Entry,  12 May 99 
24.  AF FM 1168, Statement of Suspect, A1C: ......,I 
-- 
25.  AF FM 1168, Statement of WitnessJComplainant, Ms. i 
C..  ..... .., 
26.  AF FM 1168, Statement of WitnessKomplainant, MS.----------' 

12 May 

----- 99 

, - - - - - - - - - 

!,  12 May 99 
: 12 May 99 



Similar Decisions

  • AF | DRB | CY2007 | FD2006-00468

    Original file (FD2006-00468.pdf) Auto-classification: Denied

    iAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 1 GRADE 1 AIC 1 AFSNISSAN .--------------. AF FM 1058, Unfavorable Information File Action, 3 Feb 99 5. AF FM 1 168, Statement of A1 C ;:::i, : 20 Jul99 17.

  • AF | DRB | CY2007 | FD2006-00303

    Original file (FD2006-00303.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE CASE NlJMBER FD-2006-00303 GENERAL: The applicant appeals for upgrade of discharge to honorable. However, based upon the record and evidence provided by applicant, the Board finds the applicant's characterization for discharge inequitable. The records indicated the applicant received an Article 15 and one Letter of Reprimand for misconduct.

  • AF | DRB | CY2007 | FD2006-00329

    Original file (FD2006-00329.pdf) Auto-classification: Denied

    M U 20162-1002 AFHQ FORM 0-2077, JAN 00 Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00329 GENERAL: The applicant appeals for upgrade of discharge to honorable. LOR, 20 JUL 00 - Failure to return and remain in dormitory from 2100-0400 on nights prior to duty day. You, who knew or should have h o w n of your duties at Sheppard AFB TX, on or about 22 Apr 00, were derelict in the performance of those duties, by sleeping in your room...

  • AF | DRB | CY2006 | FD2005-00375

    Original file (FD2005-00375.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DlAIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00375 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AlC) 1. For this misconduct you received an AETC Form 174, Record of Individual...

  • AF | DRB | CY2003 | FD2003-00048

    Original file (FD2003-00048.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2003-00048 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ee (Former AB) (HGH AMN) 1. Appeals for Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. (Atch 8-9) e. On or about 12 Feb 00, you were posted on stand-by for ā€œDā€ Flight security duties.

  • AF | DRB | CY2007 | FD2006-00277

    Original file (FD2006-00277.pdf) Auto-classification: Denied

    In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed. Finding: G. Specification: In that, A1C ; .-.-..-..-..-..-..-..- - - - - - - - , Security Forces Squadron, Minot AFB, ND, did at or near Minot , AFB, ND, on or about: 3 Jun 99, with intent to deceive make to Captm .--------------- '..-..-.' Fidding: G. : United States Air Force, 5Ih CHARGE II: ARTICLE...

  • AF | DRB | CY2007 | FD2006-00345

    Original file (FD2006-00345.pdf) Auto-classification: Denied

    .--------------------------------, C-..-..-..-..-..-..--------------I TYPE GEN PERSONAL APPEARANCE AIR FORCE DISCHARGE REVIEW BOARD HEAKlNG RECORD 1 GRADE AB X RECORD REVIEW 1 1 AFSNISSAN --------------- C - . The Board found the characterization, reason for discharge and reenlistment code received by the applicant to be appropriate. DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND P* -.-bd3@- AUG 0 7 2206 FROM: 363 TRSICC SUBJECT: Notification Memorandum 1.

  • AF | DRB | CY2006 | FD2005-00431

    Original file (FD2005-00431.pdf) Auto-classification: Denied

    thus the applicant's discharge should not be changcd. d. Art 15's: (1) 13 Jun 03, Minot AFB, ND - Article 134. (Atch 4-5) c. You, who knew of your duties at or near Minot Air Force Base, North Dakota, on or about 5 Apr 03, were derelict in the performance of those duties in that you willfully failed to refrain from consuming alcohol while under the age of twenty-one years of age, as it was your duty to do, You were punished under Article 15 of the UCMJ on 1 May 03 and a UIF was established.

  • AF | DRB | CY2003 | FD2003-00269

    Original file (FD2003-00269.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15 for violating a no contact order and for wrongfully communicating a threat to injure his wife. He also received a Letter of Reprimand for three nonmoving vehicle violations in one year, and a Record of Individual Counseling for leaving a toolbox unlocked overnight. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 May 03 (Change Discharge to Honorable, Change the RE Code, Reason and Authority for Discharge) Issue 1: After...

  • AF | DRB | CY2005 | FD2005-00225

    Original file (FD2005-00225.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15 for assaulting his wife and for damaging a wall in base housing. I In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for I Attachment: Examiner's Brief I I DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AlC) 1. b. Grade Status: AB - 13 Jan 99 (Article 15, 13 Jan 99) A1C - 30 NOV 97 Amn - 31 Jan 97 c. Time Lost: None.