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AF | DRB | CY2003 | FD2002-0407
Original file (FD2002-0407.pdf) Auto-classification: Denied
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AIR FORCE DISCHARGE REVIEW BOARD IXEAKING RECOKI) 

NAME OF SERVICE MEMBER (LAST, FIRST M~DDLE 

INITIAI;~ 

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APPLICANTS ISSUE AND THE BOARD'S DFCISIONAL RATlONAl  ARE DISCUSSED ON TllF A1 I ACHED AIR  FORCk DlSCHARGF REVlhW BOARD DPCISIONAL RATIONALP 

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REMARKS 

I 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. 

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INDORSEMENT 

DATE:  03-04-15 

TO: 

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

FROM. 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

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

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMRFK 

FD2002-04()7 

GENERAL:  The applicant appeals for upgrade of discharge to general (under honorable conditions). 

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  evidence  of record  nor  that  provided  by the  applicant  provides  a  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 evidcnt in the record. 

If  the  applicant  can  provide  docurncnted  information  regarding  matters  of clemency,  he should  consider 
exercising his right to a personal appearance hearing.  Should he choose to exercise that right, he should be 
prepared  to  provide  the  Board  with  evidence  of  any  exemplary  post-service  accomplishments  and 
contl-ibutions to the community. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr USAF 26 Apr 96 UP Special 
Court Martial Order No. 2  (Conviction by Court Martial).  Appeals for General 
Disch. 

2 .   BACKGROUND: 

a ,  DOB: 30 Jan 67.  Enlmt Age: 21 7/12.  Disch Age: 29 2/12. Educ: HS  DIPL. 

AFQT: N/A.  A-76,  E-49,  G-48,  M-39. PAFSC: 2S051 - Materiel Storage & 
Distribution Journeyman. DAS: 5 D e c   88. 

b.  Prior Sv: (1) AFRes 13 Sep 88 -  3 Oct 88  (21 Days) (~nactive). 

all AMS.  AMN  -  4 Apr 89.  AIC -  4 Feb 90.  SrA -  4 Oct 91. EPRS: 5 , 5 .  

( 2 )   Enld as AB  4 Oct 88 for 4 yrs.  Svd: 3 Yrs 0  Mos 18 Das, 

3 .   SERVICE UNDER  REVIEW: 

a.  Reenld as SrA 23 Oct 91 for 6 yrs. Svd: 4 Yrs 6 Mos 3 Das, all AMS. 

b.  Grade Status:  AMN -  14 Feb 96  (SPCM Order No. 7, 16 Feb 96) 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: Unknown. 

e.  CM:  Special Court Martial Order No 2, 12 November 1994. 

CHARGE 1:  Article 92. Plea: Guilty. Finding: Guilty. 

Specification:  Did, within the continental United States, on 
divers occasions between on or about 25 Mar 94 to on or about 18 
Jun 94, fail to obey a lawful order by wrongfully using his - - - - - -  
Government Card for other than official travel-related expenses 
away from his official duty station. 

CHARGE  11:  Article 107.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at or near Barksdale Air Force, Louisiana on 
or about 11 Jul 94, with intent to deceive, make an official 
statement, to wit: that his ----------Government Card had been 
stolen and that he had never received it, which statement, was 
totally false, and then known to be so false.  Sentence Adjudged 
on 12 Oct 94:  Bad conduct discharge, reduction to the grade of 

airman, and confinement  for 45 days. 

g.  Record of SV: 1 4   Jun 9 1   -  13 Jun 92  Barksdale AFB  4  (Annual) 
1 4   Jun 92 -  13 Jun 93  Barksdale AFB  4  (Annual) 
1 4   Jun  93  -  3 1   May  94  Barksdale AFB  4  (CRO) 

(Discharged from Barksdale AFB) 

h.  Awards  &  Decs:  AFAM,  AFLSA,  AFTR, AFGCM W/OLC, NDSM,  AFOUA  W/VALOR 

W/20LC, NCOPMER. 

i.  Stmt of Sv:  TMS:  ( 7 )   Yrs  ( 7 )   Mos 

( 1 4 )   D a s  
( 7 )   Yrs  ( 6 )   Mos  (23) Das 

TAMS: 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm  293) dtd 2 6   A u g   02. 

(Change Discharge to General) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. DD Form 149. 

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rn 

CORRECTED  COPY DESTROY ALL OTHERS 

+a, , 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 2D BOMB WING  (ACC) 

BARKSDALE AIR FORCE BASE, LOUISIANA 71110-2270 

Special Court-Martial Order 
No. 2 
SENIOR AIR MAN^ United States Air Force, 2d 
Supply Squadron, was arraigned at Barksdale Air Force Base, Louisiana on the 
following offenses at a court-martial convened by this headquarters. 

12 November 1994 

CHARGE I:  ARTICLE 92.  Plea: G.  Finding: G. 

Specification:  Did, within the continental United States, on divers occasions 
between on or about 25 March 1994 to on or about 18 June 1994, fail to obey a 
Lawful. order by wrongfully using his American Express Government Card for 
other than official travel-related expenses away  from his official duty 
station. Plea: G. Finding: G. 

CHARGE 11:  ARTICLE 107.  Plea: G.  Finding: G. 

Specification:  Did, at or near Barksdale Air Force Base, Louisiana on or 
about II July 1994, with intent to deceive, make an official statement, to 
wit: that his American Express Government Card had been stolen and that he had 
never recived it, which statement, was totally false, and then known to be so 
false.  Plea: G. Finding: G. 

Sentence Adjudged on 12 October 1994: Bad conduct discharge; reduction to 
the grade of airman; confinement for 4 s   days. 

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SENTENCE 

ACT ION 

In the case of SENIOR AIRMAN- 
Force, 2d Supply Squadron, the sentence is approved and, except  for the part 
of the sentence extending  to bad  conduct discharge, will be executed.  The Air 
Force Base Corrections System  is designated  for the purpose of  confinement, 
and the confinement will be served therein or elsewhere as the Director, Air 
Force Corrections, HQ AFSPA/SPC, may direct. 

United States Air 

Commander 

71110-2417  (ACC) 

1 -  ~mn-2 
1  - 
1 - 
1 - 

SUPS, 845 Logistics Ln, Ste 100, Barksdale AFB  LA 

,AFLSA/JAJT-3, 2035 1st Drive W,  Ste 2, Randolph AFB 

2 Bw/JA, 66 Kenney  Ave, Ste 300, Barksdale AFB LA 

AFLSA/JADC,  414 Curtiss Rd,  Ste 300, Barksdale AFB LA 

1 -  2 BW/CC,  841 Fairchild AVe, Ste 100, Barksdale AFB LA 71110-2270 
1 -  2 BW/JA, 66 Kenney Ave, Ste 300, Barksdale AFB LA 71110-2293 
1 -  2 SITPS/CC, 845 Logistics Ln, Ste 300, Barksdale AJ?B  LA 71110-2417 
1 -  2 SPS/CC, 425 Lindbergh Rd E.  Ste 200, Barksdale AFB LA 71110-3200 
1 -  2 SPS/SPOR, 876 Luke Ave, Barksdale AFB LA 71110-2296 
1 -  2 SPTG/CC, 109 Barksdale Blvd W, Barksdale AFB LA 71110-2164 
2 -  2 CPTS/FMF, 345 Davis Ave  W,  Ste 300, Barksdale AFB  La 71110-2074 
4 -  2 MSS/MSMPP/MSMPR/MSMUE/MSMEC,  345 Davis Ave W,  Ste 200, Barkadale AFB LA 
1 -  8 AF/CC,  245 Davis Ave  E l  Rm  200, Barksdare AFB LA 71110-2279 
6 -  8 AF/JA,  66 Kenney Ave,  Ste 201, Barksdale AFB LA 71120-2290 
10- AFLSA/JAJM,  172 Luke AVe, Ste 343, BolLing AFB DC 20332-5113 
2 -  DFAS-DE/FJscM/FYDEB, 6760 E Irvington Place, Denver  80279-3000 
1 -  HQ AFMPC/DPMDOMl,  550 C Street W, S t e   21, Randolph AFB TX 78150-4723 
6 -  HQ AFSPA/SPC,  8201 B Ave,  S . E e L  Kirkland AFB, NM  87117-6001 
2  -  11 SPTW/JAJR, 20 MacDkll Blvd,,Ste 207, B a l l i n g - A F B   DC 20332-5100 
1 -  497 IG/XNSB, 211 Brookley Avenue, Ste 200, Bolling AFB DC 20332-5108 

71110-2073 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS EIGHTH AIR FORCE (ACC) 

BARKSDALE AIR FORCE BASE LOUISIANA 71 110-2279 

Special Court-Martial Order 
No.  7 

16  F e b r u a r y   1996 

In the special court-martial case of SENIOR 
United States Air Force, 26 

o bad- 
coliduct discharge, confinement for 45 days, and reduction to airman as promulgated 
in Special Court-Martial Order No. 2 ,  Headquarters 2d Bomb Wing, dated 
12 November  1994, has been fnlally affirmed.  Article 7 1 (c)  having been complied 
with, the bad-conduct discharge will be executed.  Thc sentence was adjudged on 
12 October 1994 (ACMS 28994). 

Commander 

I  - 

2022 Chester, Sl~reveport L A  71 103 ('ACC) 

Randoluh AFB TX 78 150-5000 (MJ, 

USAF Judiciary  Central Cir~i.ij~. 2035  1st Dr 'G S ~ L  3 

AFI,S.A/J-AD&', 4 14 curtiss  !

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