AFSNISSAN - TYPE 

NAME OF SERVICE MEMBER (EAST, FIRST MIDDLE INITIAL) 

AIFt  FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

HEARING DATE 
03-05-07 

CASE NUMBER 
FD2002-0475 

I 

REMARKS 

* Change Reason for discharge to Commission of a Serious Offense 

Case heard at Washington, D.C. 

3 
LETTER OF NOTIFICATION 
4  BRlEF OF PERSONNEL FILE 

COUNSEL'S ELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I I TAPE RECORDING OF PERSONAL APPERANCE HEARING 

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. 

TO: 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANROLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

I 

(EF-V2) 

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

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-04-75 

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 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 insufficient evidence to warrant clemency and none was evident in the 
record. 
J 

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,  MI3 

(Former AB)  (HGK SRA) 

1.  MATTER UNDER REVIEW:  A p p l   rec'd a BCD Disch fr USAF 29 Jan 97 UP Special 
Court Martial Order No. 4 (Conviction by Court Martial).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 1 Dec 70.  Enlmt Age: 19 2/12.  Disch Age: 26 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-60,  E-53,  G-44, M-65. PAFSC: 2T451 - General Purpose Vehicle 
Maintenance Journeyman. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 12 Feb 90 -  19 Jun 90 (4 MQS 8 Days) (Inactive). 

all AMS.  AMN -  20 Dec 90.  AlC  -  20 Oct 91.  SRA -  20 Jun 93.  EPRs: 3 , 5 , 5 .  

(2) Enld as AB 20 Jun 90 for 4 yrs.  Svd: 3 Yrs 6 Mos 21 Das, 

3 .   SERVICE UNDER REVIEW: 

a.  Reenld as SRA 10 Jan 94 for 4 yrs. Svd: 3 Yrs 0 Mo 20 Das, of which AMS 

is 2 Yrs 11 Mos 1 Das  (ex: 1 Month 19 Days lost time) 

b.  Grade Status:  AB  -  11 Jul 96  (SPCMO No 4, 5 Jun 96) 

c .   Time Lost:  8 May 96 -  25 Jun 96 (49 days) 

d.  Art 15's:  None. 

e.  Additional: Unknown. 

f.  CM:  Special Court Martial Order No. 4, 5 June 1996. 

CHARGE 1:  Article 134.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  On or about 9 Oct 95, unlawfully carry on or 
about his person a concealed weapon, to wit:  a  . 3 8 0   caliber Davis 
Industries pistol. 

Specification 2:  On or about 9 Oct 95, through negligence, 
discharge a -380 caliber Davis Industries pistol in the parking 
lot area of Club Fairchild, while legally intoxicated, resulting 
in a leg wound to - - - - - - - -  .  Sentence adjudged on 7 May 1996:  Bad 
conduct discharge, reduction to AB, and confinement for 60 days. 

g.  Record of SV: 30 Nov 93 -  29 Mar 94  MacDill AFB 

5  (CRO) 
30 Mar 94 -  21 Feb 95  Camp Humphreys AIN  5  (CRO) 
22 Feb 95  -  21 Feb 96  Fairchild AFB 

5  (Annual) 

(Discharged from Fairchild AFB) 

h.  Awards &  Decs:  AFCM, AFAM  W/1 DEV, AFGCM W/l DEV, NDSM, AFOSTR, 

AFLSAR , AFTR . 

i.  Stmt of Sv:  TMS:  ( 6 )  Yrs  (9) Mos  (29) Das 
TAMS: (6) Yrs  (5) Mos  (21) Das 

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

(Change Discharge to Honorable) 

Issues:  I started my Air Force 20 June 1990 &  after my appellate review my 

DOS was 29 Jan 1997.  From the date I entered active duty up untill  (sic) my 
unfortunate incendent (sic).  I've never had an infraction against the law 
neither cilivilian (sic) nor military.  I served my country with Pride, 
Integrity, &  Honor in the Air Force even untill  (sic) this day I still salute 
the American Flag &  Honor what it stands for &  pay humage  (sic) to those who 
have given their lives for my country1es (sic) sake.  Even after I had been 
incarcerated my commander Lt  Col - - - - - - - - - -  paid me a vist  (sic) .  He asked if I 
have considered the return to duty program.  Tt gave me comfort in knowing my 
commander a Lt Col whom I looked up to &  admired as a military leader saw though 
(sic) my Air Force records that I exemplified Air Force standards therefore my 
supporting documentation will be my military records. It was also recommended by 
the Military Judge that prosided (sic) over the case whom also saw through my 
military records that a Bad Conduct discharge was to severe &  recommended 
clemency as stated in document attached.  After reviewing my records I pray that 
your decision will be to upgrade my discharge to honorable. 

Finally I would like to say I loved every moment in the Air Force &  often 
times dreamed of returning.  I still remember in basic training when they would 
ask "Whats an Air Force trainee1! &  we would say in a loud voice.  Highly 
dedicated, stedly (sic) motivated, rumping stumping Air Force recruit Sir.  I 
meant those words then &  I still live by them now.  Thank you. 

ATCH 
1. USAF Court of Criminal Appeals Document. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 92ND AIR REFUELING WING (AMC) 
FAIRCHILD AIR FORCE BASE, WASHINGTON  99011 

Y, 

Special Court-Martial Order 
No. 4 

5 June 1996 

Transportation Squadron, was arraigned at Fairchild Air Force Base, Washington, on the 
following offenses at a court-martial convened by this headquarters. 

CHARGE I:  Article 134. Plea:  G.  Finding:  G. 

Specification 1 : On or about 9 October 1995, unlawfblly carry on or about his person a 
concealed weapon, to wit:  a ,380 caliber Davis Industries pistol.  Plea:  G.  Finding:  G 

Specification 2:  On or a b o ~ ~ t  9 October 1995, through negligence, discharge a .380 caliber Davis 
Industries pistol in the parking lot area of Club Faircl~ild, while legally intoxicated, resulting in a 
leg wound to 

Plea:  G, Finding:  G. 

Specification 3:  On or about 9 October 1995, was drunk and disorderly, which collduct was to 
the prejudice of good order and discipline in the armed forces.  Plea:  NG.  (Withdrawn 
subsequent to arraignment). 

CHARGE 11:  Article 92.  Plea.  NG.  (Withdrawn subsequent to arraignment). 

Specification:  On or about 9 October 1995, violate a lawfill general regulation, to wit: 
paragraph 5.17.3, Air Force Instruction 3 1-209, Air Mobility Command Supplement 1, dated 19 
June 1995, by wrongfully carrying a loaded firearm in the glove box of his vehicle while at 
Fairchild Air Force Base, Washington.  Plea:  NG.  (Withdrawn subsequent to arraignment). 

SPCMO No. 4 

1 - 92 ARWICC, Fairchild AFB WA 9901 1-5000 
1 - 92 ARWIJA, Fairchild AFB WA 9901 1-5000 
10 - AFLSNJAJM, 172 Luke Ave, Ste 343, Bolling AFB DC 20332-51 13 
1 -  HQ  15 AFICC, 540 Airlift Drive, Bldg 381, Travis AFB CA 94353-2406 
1  -  HQ  15 AFIJA,  540 Airlift Drive, Bldg 381, Travis AFB CA 94535-2406 
1 -  I-IQ LGICC, Fairchild AFB, WA 9901 1-9558 
1  -  92 TRNSICC, Fairchild AFB WA  9901 1-9558 
2  -  92 CPTSIACF, Fairchild AFB WA 9901 1-9558 
4  -  92 MSSKIPMPE, Fairchild AFB WA 9901 1-9558 
1  -  11 WGIJAJR, 20 MacDill Blvd, Room 207, Bolling AFB DC  20332-01 10 
1  -  DFAS-DEIFJPC, 6760 E. Irvington Place, Bldg 444, Denver CO 80279-3000 
1  -  DFAS-DEIFYDEB, 6760 E. Irvingtoil Placc, Bldg 408, Denver CO 80279-7000 
1 -  HQ AFMPCIDPMDOMl, 550 C Street West, Suite 21, Randolph AFB TX 78 150-4723 
1 -  AF Security Clearance Office, 497 IGIINSB, 229 Brookley Avenue, Room 200, Bolling 
AFB DC  20332-7040 
1  -  HQ AMCIJA, 402 Scott Drive, Room 132, Scott AFB IL  62225-5305 

.. 

DEPARTMENT  OF THE  AIR  FORCE  ~ f l 2 ~ 0 2 - 0 4 7 S  
A I R   FORCE  L E G A L   S E R V I C E S   A G E N C Y   ( A F L S A )  

MEMORAh'DUM FO 

2808 S.  ASSEMBLY #lo 

I SPOKANE WA 99204 

0 5  F E B  1997 

AELSNJAJ-M 
1 12 Luke Avenue Room 34.3 
B011ing AFB DC 20332-8000 

SLIJECT: 

I 

ACM S292 13 

The United States A 2  Force Court of Criminal Appeals (AFCCA) afIirmed the fmdings of 
ailty'and the sentence as set forth in the attached decision.  The Judge Advocate General vdl not 
.< 
c.ertify legal issues to the United States Court of Appeals for the Amled Forces nor remit or suspend 
any part of the sentence. (Articles 67(a)(2)  afid 74(a), UCMJ). 

Please sign the at~ached receipt a d  fonvard it to:  AFLSNJAJM,  112 Luke Avenue, Room 

343, Bolling AFB DC  20332-8000. 

Eyou have any questions, you should contact your appellate defense counsel located at 

AFLSAIJAJA,  telephone (202) 767-1562 @SN 297-1562).  You have the right to petition the United 
States Court of Appeals for the Armed Forces (USCA) within 60 days of the postmarked date of this 
letter.  Attached are an instruction sheet as well as petition forms for grant of review.  Please mail these 
forms directly to:  United States Court of Appeals for the Amled Forces, 450 E Street NW, 
Washington DC 20442-0001. 

Attachments: 
1. AFCCA Decision 
2. hdrudion Sheet 
3. petition Forms 
4. Receipt 

cc: 
15 AFIJA 

'  United States Air Force 

P 

29 January 1997 

Sentence adjudged 7 May  1946 by SPCM conve~ed at Fairchild  Air Force 
sitting alone). 
Base, Washington.  rMlitary Judge: 

.Approved sentence:  Bad-conduct discharge, confinement for 60 days. and 
reduction to E- 1. 

Before 

- 
Appellate Military ~ u d &  

, - 

PER CURIAM: 

.Appellant was convicted by a military judge'sirting  as a special court-martial of 

unlawfully carrying a concealed weapon, and; whil 
tly discharging 
a weapon and thereby wounding Airman First Class 
leg in violation 
of Artrcle 134, UCMJ;  10 U.S.C.  $934 (1994).  He pleaded guilty to both specifications 
and the charge.  His approved sentence is a bad-conduct discharge, confinement for 60 
days and reduction to E-1.  He asserts that his sentence to a bad conduct discharge is 
inappropriate.  We disagree and &inn. 

On 9 October 1995, Appellant and his fiancCe (now wife) 

went 

dancing and dining at the Club Fairchld on Fairchild, AFB.  Appellant's blood alcohol 
level was .15 at the time of the incident.  Upon leaving the club with his fiancie they got 
into his,car. Whle rummaging around in the glove compartment, his pistol fell to the 

F D , z @ ~ z - Q ~ T $  - * -  

.I 

into his car. While rurnrnagmg around in the glove compartment. hls plsrol fell to the  - 
floor.  Understandably, this upset his fiancee.  Appellant tried to remove the clip and 
accidently fired the gun. J l e  bullet wounded his lee index fmger and lodged in his 
fiancee's left leg.  The pistol had been loaded with three rounds of ball a m m o  and three 
rounds of hollow point ammo. 
neurological effects. Her inj 
prevented her fiom performing her normal duties. 

equired surgery and could face long term 
o be placed on a medical profile and it 

* 

Appellant argues that the sentence is inappropriately severe in view of his military 

record, including two overseas deployments, his lack of prior misconduct, and a 
recommendation by the military judge that the convening authority suspend the bad- 
conduct discharge.  While these considerations might warrant clemency, we nonetheless 

. Appellant knowingly  transported  a loaded weapon 

onto an Air Force installatiorl. I-{is manipulation of this dangerous weapon while 
intoxicated jeopardized the lives of anyone in prox-imity to the vehicle, potentiably 
pmmlanently disabled his fiancee, and necessitateti ller assignment to other duties. 

Having exmined the record of trial, the assignment of error: and  he government's 
response thereto, we have concluded that the findings and sentence are correct in law md 
-  fact, the sentence is appropriate, and that no error prejudicial~o rhe appellant's substantial 

rights was committed.  Accordingly, the fmdings of guilty and the sentence are 

OFFICIAL 

Staff Sergeant, USAF 
Chief Court Administrator 

ACM 529213