AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

r -  

GRADE 

Texas Veterans Commission 

MBER SITTI 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

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HEARING DATE 

05 Dec 2003 

CASE NUMBER 

FD-2002-0472 

Case heard at Randolph AFB, Texas. 

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

TO: 

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

FROM: 

SECIUCTARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR RORCE DISCHARGE REVUCW BOARD 
1535 COMMAND DR,  EE WMG, 3 R D  FLOOR 
ANDREWS AFB, MD 20762-7002 

AF'HQ  FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0472 

I 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authorit) 
for the discharge, and change the reenlistment code. 

The applicant appeared before the DRB at Randolph AFB, Texas and was represented by+- 
from the Texas Veterans Commission. 

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

FINDINGS:  Upgrade  of  Discharge,  change  of  reason  and  authority  for  discharge,  and  change  oi 
reenlistment code are denied. 

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

ISSUE:  Applicant  contends  discharge  was  inequitable  because  it  was  too  harsh  and  he  would  like  to 
become a Deputy in Shreveport, LA.  The records indicated the applicant received an Article  15 for making 
a  false  official  statement  and  for  unlawfully  grabbing  and  shoving  a  female  airman.  Additionally,  he 
received a Letter of Reprimand and two Letters of Counseling for failure to obey an order and dereliction of 
duty,  for being involved in  a dispute while under the influence of  alcohol, and  for driving a vehicle with 
three underage passengers who were intoxicated.  The DRB opined that through these administrative actions, 
the applicant had ample opportunities to change his negative behavior.  The Board concluded the misconduct 
was  a  significant departure  fiom conduct  expected of  all military members.  The  characterization of  the 
discharge received by the applicant was found to be appropriate. 

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 AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 16 Sep 02 UP AFI 36- 
3208, cara 5.49  (Misconduct -  Minor Disciplinary Infractions) .  Appeals for 
Honorable Discharge, and Change of Reentry Code, Reason and Authority. 

2.  BACKGROUND: 

a. DOB: 1 Oct 79.  Enlmt Age: 19 4/12.  Disch Age: 22 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-48,  E-55,  G-53,  M-30. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 7 Oct 99. 

b.  Prior Sv: (1) AFRes 25 Feb 99 -  4 May 99 (2 Mos 10 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  5 May 99 for 6 yrs. Svd: 3 Yrs 4 Mos 12 Das, all AMS. 

b.  Grade Status:  AMN -  5 AUG 02 (Article 15, 5 Aug 02) 

SRA -  18 OCT 01 
A1C -  18 JUN 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Aug 02, Fort Wainwright Army Post, Alaska -  Article 

107. You did, on or about 4 May 02, with intent to 
deceive, make to Sergeant - - - - - - - -  , an official 
statement, to wit: when asked, "At any time did anyone 
take the weapon out of the trunk prior to the M.P.'s?" 
you responded, "Non ,  or words to that effect, which 
statement was totally false, and was then known by you 
to be so false.  Article 128.  You did, at or near 
Fairbanks, Alaska, on or about 3 May 02 and on or about 
4 May 02, unlawfully grab and shove - - - - - - - -   with your 
hands.  Reduction to AMN, and a reprimand.  (Appeal 
denied)  (No mitigation) 

e.  Additional: LOR, 25 SEP 01 -  Involved in a dispute while under the 

LOC, 05 FEB 01 -  Failure to obey an order and dereliction 

influence of alcohol. 

TRAFFIC TICKET, 04 JAN 01 -  Improper backing of vehicle 

to duty. 

LOCI 04 JAN 01 -  Failure to obey an order to obtain a 

TRAFFIC TICKET, 14 AUG 00 -  Speeding. 

government driver's license. 

resulting in a traffic 
accident. 

LOCI 06 JAN 00 - Driving a vehicle with three underage 

passengers who were intoxicated. 

f.  CM:  None. 
L 
g.  Record of SV: 5 May 99 -  4 Jan 01  Eielson AFB  4  (Initial) 
5 Jan 01 -  4 Jan 02  Eielson AFB  5  (Annual) 

(Discharged from Eielson AFB) 

h.  Awards &  Decs:  SAEMR, AFTR, NDSM, AFGCM, AEM. 

i.  Stmt of Sv:  TMS: (3) Yrs  (6) Mos  (23) Das 
TAMS: ( 3 )   Yrs  (4) Mos  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Oct 02. 

(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and 

Authority) 

Issue:  I'm in the process of becoming a Deptuty (sic) in Shreveport, LA. 

If I do not recieve (sic) an upgrade, I would ask if you would please consider 
changing my,reentry code as I could reenlist into another service.  I think the 
Department of Defense has spent a large amount of money on my training.  I do 
want to serve the United States Military.  Thank you for your time. 

ATCH 
1. Performance Report. 
2. Letter of Reference. 

PACIFIC AIRFORCES 

MEMORANDUM FOR 

354 SFS, PACAF 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge kom the United States Air Force for Minor Disciplin* 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for these actions are as follows: 

a.  On or about 1 Jan 00, you were driving a vehicle with three passengers who were all 

intoxicated and underage.  In addition, you were at an off base residence where you observed 
numerous underage persons consuming alcohol.  You used poor judgment involving yourself in 
these situations and failing to report the underage drinking.  For this inkaction, you received a Letter 
of Counseling, dated 6 Jan 00 (Atch 1). 

b.  On or about 14 Aug 00, you were driving 47 miles per hour in a 25 mile-per-hour speed 

zone.  For this infraction, you were issued a DD form 1408, dated 14 Aug 00 (Atch 2). 

c.  On or about 2 Jan 01, you failed to obtain your government-issued  driver's license as 

required by your squadron commande-r by the suspense date of 31 Dec 00.  For this infiaction, you 
received a Letter of Counseling, dated 4 Jan 01 (Atch 3). 

d.  On or about 4 Jan 01, you caused a vehicle accident by backing up improperly with your 

vehicle.  For this infiaction, you received a DD Form 1408, dated 4 Jan 01 (Atch 4). 

e.  On or about 21 Jan 01 and 4 Feb 01, you failed to maintain the proper equipment as 

instructed to do so by your flight sergeant.  For these infractions, you received a Letter of 
Counseling, dated 5 Feb 01 (Atch 5). 

f.  On or about 22 Sep 01, you were involved in a dispute while under the influence of 

alcohol.  For this infraction, you received a Letter of Reprimand, dated 25 Sep 01 (Atch 6). 

g.  On or about 3 May 02 and 4 May 02, you unlawfully grabbed and shoved Clarissa 

Martinez with your hands.  For this infiaction, you received nonjudicial punishment, dated 5 Aug 02 
(Atch 7). 

h.  On or about 4 May 02, you made a false statement to a senior noncommissioned officer. 
For this infraction, you received nonjudicial punishment, dated 5 Aug 02 (The same Atch 7 as noted 
in 2g), and on 26 Jun 02, your authority to bear government firearms was withdrawn (Atch 7.3). 

3.  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 for reenlistment 
in the Air Force and any special pay, bonus, or education assistance fhds  may be subject to 
r k  Iecoupment. 

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 Cap 
. youmay 
Building 31 12, Room 155, Eielson AFB, Alaska, on 
consult civilian counsel at your own expense. 

efense Counsel, 

. 

. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (3 duty days) 0+9/a>~&less 
and receive an extension for good cause shown.  I will send them to the sdaration authority. 

you request 

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 
Examination 
examination. 

been scheduled for a medical examination.  You must report to the Physical 
Section, 354th Medical Group, Building 3349, at 

8.  Any personal information you W s h  in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use in your orderly room. 

P 

Attachments: 
1.  Ltr of Counseling, dated 6 Jan 00 (2 pgs) 
2.  DD Form 1408, dated 14 Aug 00  (2 pgs) 
3.  Ltr of Counseling, dated 4 Jan 01 

4.  DD Form 1408, dated 4 Jan 01 @ @ pgs) 

5.  Ltr of Counseling, dated 5 Feb 01 (2 pgs) 
6.  Ltr of Reprimand, dated 25 Sep 01 (2 pgs) 
7.  AF Form 3070, dated 5 Aug 02 
(4 pgs) 
8.  Cease and Desist Order, dated 24 May 00 (2 pgs) 
9.  No Contact Order, dated 8 May 02