AFSNISSAN - TYPE 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IN1~1'1.41.) 

PERSONAL APPEARANCE 

AIR FORCE DISCHARGE REVIEW BOARD NEARING RECORD 

NAME OF COUNSEL AND OR ORGANIZATION 

C~VFSEL 
YES 

I N 0  

GRADE 

SGT 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

-- 

- 

MEMBERS SITTING 

HON 

I  GEN 

1  IIOTIIT 

I  OTHER 

I  DENY 

VOTE OF TllE BOARD 

ISSUES 
A94.01 

INDEX  NUMBER 
A61.00 

HEARING DATE 
12 FEE 03 

CASE NUMBER 
FD2002-0356 

I 
EXlIlDlTS SUBMITTED T O  THE BOARD 

I 

I 

I 

1 
2 

3 
4 

ORDER APPOINTING  THE BOARD 

APPLICATION  FOR REVIEW OF DISCIIARCiE 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  KELEASE ?'O THE BOARD 
ADDITIONAL EX1.IIBITS  SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

Case heard at Washington, D.C. 

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

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCII, 
AIR FORCE DISCIIARGE REVIEW BOARD 
IS35 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB,  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMRER 

FD02-0356 

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

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 does not contest his discharge.  He states that he had served over 9 years honorably, and 
on the date of his arrest, he was on his last day of terminal leave.  He also states that his arrest did not affect 
his active duty commitment.  The record indicates that the applicant was discharged  with an Under Other 
Than Honorable  Discharge  for  being convicted  of  capital murder by  civilian authorities.  The DRB took 
note of the applicant's  duty performance as documented by his performance reports, and other information 
contained in the records.  They found the seriousness of the willhl misconduct offset any positive  aspects 
of the  applicant's  duty performance.  The Board concluded the discharge was  appropriate  for the reasons 
that were the basis for this case. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former SGT)  (HGH SGT) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a UOTH Disch fr USAF 13 May 02 UP AFI 3 6 -  
3208, para 5.51 (Civilian Conviction).  Appeals for Honorable Discharge. 

2.  BACKGROUND : 

a .   DOB:  1 3   Sep  6 6 .   Enlmt A g e :   19 4/12.  Disch Age: 35 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-69,  G - 5 5 ,   M-68. PAPSC: 3EOSl -  Electrical Systems 
Journeyman. DAS: 29 Jun 90. 

b.  Prior S v :   (1) AFRes 3 Feb 86 -  17 Feb 86  ( 1 5   daysI(1nactive) 

(2) Enlisted as AB 18 Feb  86 for 4  yrs.  Extended 16 Nov 87 
for 17 months.  Svd: 3 yrs 1 month 8 days, all AMS.  AMN-(APR Indicates) :  18 Feb 
86-17 Feb 87.  A1C -  18 Jun 87.  SrA -  18 Feb 89.  Sgt -  18 Feb 89.  APRs: 8,9,9. 

3 .   SERVICE UNDER  REVIEW: 

a.  Reenlisted as Sgt 27 Mar 89 for 6 yrs. Svd: 13 Yrs 1 Mo 16 Das, of 
which AMS  is 5 Yrs 11 months 27 days  (excludes 7 years 1 month 19 days lost 
time). 

b.  Grade Status:  None. 

c.  Time Lost:  24 Mar 95 through 13 May 02 (7 yrs 1 month 19 days). 

d.  Art 15's:  (1) None. 

e.  Additional: None. 
f .  CM:  None 

g.  Record of SV: 26 Jul 89 -  17 Feb  90  Kadena AB 

3  (CRO) 

18 Feb 90 -  17 Feb  91  Sheppard AFB  3  (Annual) 
18 Feb 91 -  17 Feb 92  Sheppard AFB  4  (Annual) 
18 Feb  92 -  02 Oct 92  Sheppard AFB  2  (CRO) 
03 Oct 92 -  02 Oct 93  Sheppard AFB  4  (Annual) 
03 Oct 93 -  02 Oct 94  Sheppard AFB  3  (Annual) 

! 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFAM,  JMUA,  AFOUA, AFGCM 2/1 DEV, NDSM, SWASM W/1 DEV, 

AFLSAR W/1 DEV, NCOPMER, AFTR, 

i.  Stmt of Sv:  TMS: (9) Yrs  (1) Mos  (21) Das 

TAMS: (9) Yrs  (1) Mos  (8) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 20 Aug  02. 

(Change Discharge to Honorable) 

Issue 1:  On the date  of my arrest, I was on my last day of  terminal leave. 

Issue 2:  I was  outprocess  (sic) except for signing my DD-214. 

Issue 3:  At the time I was to discharge, I was  t o  receive  an  Honorable 

discharge plus separation pay and two years benefits, MWR, Commissary, and BX. 

Issue 4:  My conviction didn't come for almost 20 month  (sic) after I was 

suppose to discharge. 

Issue 5:  My arrest did not effect my active duty committment (sic) to the 

Air Force. 

ATCH 
None. 

D%?~%PT413NT  OF T%3  ,AIR  FORCZ 

#R  EDUCATION  ;LVR TRUNTNG C O M m i D  

/  hlEMOMWb31 FOR 

B 

Texas Dept a€  Cdrbinal Justice Clements Unit 
9601 Spur 59 l 
,b~~rillcr clfC 79 107-9606 

82 CES 

q 

;-.:-.- 

-  : 

7i7!:$ 
:  LJ'- 

FROM:  82 CES/CC 

23 1 Yth Avcnue 
S'ncppard ASB TX 7631 1-33"s  . 
-  3 

SUBECT: Notification h~errxorandurn-goad He&g 

. 

1.  I am recommending your discharge kom the United States i?iir Force for civilian conviction 
according to AFPD 3 6-32 and MI 36-3208, under the provisions of p v a p h  5.5 1.  Copies of 
the docWents  ro be forwarded to the separarion authoriq to support this recommendation are 
attac hcd. 

2.  bly reason for this action is you were, on or about 24 Sep 96, tried and convicted in tfie 
Criminal District C o w  Number Three, Tarrant County, Texas, of Capital birder. 

3. This action could result in yo&  separation with an under other than h~notable conditions 
disckge.  I am recomrnendiig that you receive: an under orher than honorabli: conditions 
discharge.  The commander exercising spegal court-martial (SPCEdJ jurisdiction or a higher 
aurhority will make the fd decision in tbis matter-  If you are discharged, you %ill be ineligible 
for ceenlistmerxt in ihe Ak Force and will 'probably be denied enlistment in any component cf the 
amed forces. 

, . 

4.  You have the right to: 
... 

..A 

a Consult legal counsel. 
. 
b.  Present your case to an administrative discharge board, subject to ybur avaiiability. 
,  .  . 
c.  Be represented by legal counsel at a bogd hearing. 

d.  Submit statement in your o w .  behdf h addition to, or in lieu df, the board hedng- 

d.  Waive [he above ligho.  YO;  must co~sult legal counsel before making a decision to waive 

any of y o ~ r  rights. 

, . 

.---------- 

I 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .  

tiiitw'IcgrlJ. counsel Capr I - -  
conwt ?out .+-,a Defense Counse! vin cel~phonc at (940) 676-2156.  Insttad of the 

~ ~ r ~ - - - - - - - - - - - - - - - - - -  

ha!$ bern obmined co  assisr you- YOU 

ppoifired counsel. you may have anod.rer, it h e  l a y e r  you request is in the xtivt: r n i l i r q  
s e ~ i c a  and is  seaonably available as deremined acc~rding to MI  5 1-201.  In addition to 
rnilituy c o w c l ,  you have the righc KO employ civilian cdunsei.  The .Air Force does not pay 
expenses incident to che employment ofcitrilian counsel.  Civilian counsel, if tmploycd must b t  
readily available. 

f 

6. Confer wirh your counsel md reply, in *tin$,  within seven (7) workchys from receipt 
specieing the rights you choose to exercise.  You will need to complete one: of the following 
memoranda: Conditional waiver (atch 51,  Ukonditional Waiver (at&  6), or request for a board , -  .. 
heariup (arc6 7).  The uuitemcnr ~ U S T  be signed is the piesenca of your c o ~ w e l  who also $11 
sign it- If you waive your ri&r  to a h e e a g  before an administrative discharge boar& you may 
submit written mtemenrs in yaw OW  b-*lf- 
authority wirh the case fils to  be co nsidekd with this recornmeadation.  If  you filil to respond, 
your failure will consrimre a waiver of rhe right to the b o d  h-g. 

I will send the sraremenu to a e  dischage  . 

. . 

7.  h v  persod infomarioq you furnish in rebuttal is covered by the Privacy Acr of 1974. A 
copy of-~136-3205, is available for your use u h~:llafpubs.hq.af.mil. 

c,G  (,.. . % 

8.  If you request a board and you fail to appev without good cause, your failure to  appear 
corzstitures a waiver of your right to be present ar the, hearing. 

9.. Execute the attached achowledgmetlc and r e m  it to me immediately 

.....  Attachments: 
. . 
...  . I .  46'  Judical District, District Attorney Dan Bird Memo. 28 Sep 00. 
. . 2- Capital Judgement and Sentence Cause No. 0003433-V, 2'6 Sep 96 

3,  AF Form 2098,14 ~~r  95. 
4. Ahan's Acknowled~ment 

' -   5. Conditional Waiver  , 
6- Unconditional Waiver. 
, 7.  Request for Board Hearias 
8. Rerum Envelope 

o