AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 7
NAME OF SERVICE MEMBER (LAST, FIRST MIJlDLE INITIAL)
GRADE
AFSNISSAN
TYPE
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBERS SITTING
7 7
VOTE OR THE now
HON
I GEN
I UOTRC
I OTHER
I DENY
I
HEARING DATE
6 MAY 03
CASE NUMBER
FD2002-0487
I
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I Caw heard at Washington, D.C.
REMARKS
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1
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2 APPLICATION FOR REVIEW OF DISCHARGE
3
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LETTER OF NOTIFICATION
BRI&,OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
I TAPE RECORDING OF PERSONAL APPERANCE HEARING
I
APPLICANT'S ISSUE AND ?HE BOWS DECISIONAL RATIONA~~U~F, DISCUSSED OH me ATTACHED AIR FORCE DISCHARGE REVLEW BOARD DFMSIONAL RATION ALE
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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
1 u:
SAFIMIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78 150-4742
. .. "....
AFHQ FORM 0-2077, JAN 00
(EF-V2)
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WMG, 3w FLOOR
ANDRCWS AFB, MD 20762-7002
Previous edition will be used.
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD02-0487
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 contends that his discharge was too harsh because he gave 15 years of his life to the
military and needs his discharge upgraded. The record indicates the applicant received an Article 15 for
driving while drunk. He also received a General Court Martial for resisting arrest, being drunk and
disorderly, wrongfully communicating a threat to injure his wife, wrongfully communicating indecent
language to his wife, failure to go, being disrespectful toward a superior officer, disobeyed a lawful order to
not drink alcoholic beverages, and willfully damaging government property. The Board concluded the
misconduct was a significant departure from conduct expected of all military members. 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
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, W )
(Former AMN) (HGH SSGT)
1. MATTER UNDER REVIEW: Appl rec'd a UOTHC Disch fr USAF 11 Jan 90 UP AFR 39-
10, para 5 - 4 7 a (A Pattern of Misconduct - Discreditable Involvement with Military
and Civil Authorities). Appeals for Honorable Disch.
2.
BACKGROUND:
a. DOB: 16 Jan 56. Enlmt Age: 18 8/12. Disch Age: 33 11/12. Educ: HS DIPL.
AFQT: N/A. A-34, E-60, G-50, M-63. PAFSC: 81150 - Security Specialist.
DAS: 6 Jun 89.
b. Prior ~ v : (1) AFRes 19 Sep 74 - 1 Dec 7 4 (2 M0s 1 3 Days) (Inactive) .
( 2 ) Enld as AB 2 Dec 7 4 f o r 4 yrs. Reenld as SRA 1 4 Dec 77
for 4 yrs. Ext: 24 Jan 79 for 3 months. Ext: 23 Mar 81 for 12 months. Reenld
as SSGT 30 Sep 82 for 6 yrs. Ext: 20 Sep 88 for 2 months. Svd: 13 Yrs 11 Mos
28 Days, all AMS. AMN - Unknown. A1C - (EPR Indicates) : 2 Dec 74 - 2 Dec 75.
SRA - 1 Sep 7 7 . SGT - (EPR Indicates): 16 Jun 78 - 17 Jan 79. SSGT - 1 Sep 81.
APRs: 8 , 8 , 9 , 9 , 9 , 9 , 8 , 9 , 9 , 9 1 9 1 9 , 9 , 9 , 9 t 9 1 7 ( R E F ) .
3 . SERVICE UNDER REVIEW:
a. Reenld as SSGT 30 Nov 8 8 for 6 y r s . S v d : 1 Yr 1 Mo 13 Das, of which AMS
is 11 Mos 2 7 Das, (Ex: 1 Mo 16 Das l o s t time).
b. Grade Status: AMN - 14 Dec 8 9 (GCM Order No. 4, 14 Dec 89)
SGT - 2 6 Jun 8 9 (Article 1 5 , 2 6 Jun 89)
c. Time Lost: 46 Days (1 O c t - 5 Oct 89 & 10 Oct-19 Nov 89)
d. Art 15's: (1) 26 Jun 89, Nellis AFB, NV - Article 111. Preliminary
investigation has disclosed that you did, on or about 9
Jun 89, operate a vehicle, to wit: a pickup truck,
while drunk. Reduction to Sgt, and suspended forfeiture
of $250.00 pay per month for two months. (Appeal/Denied)
(No mitigation)
e. Additional: None.
f . CM: General Court Martial Order, No. 4, 14 December 1989.
CHARGE 1. Article 95. Plea: Guilty. Finding: Guilty.
Specification: Did, at near Nellis AFB, NV, on or about 1 Oct 89,
resist being apprehended.
CHARGE 11. Article 107. Plea: Not Guilty. Finding: Not Guilty.
CHARGE 111. Article 128. Plea: Not Guilty. Finding: Not Guilty.
CHARGE ZV. Article 134. Plea, Guilty. Finding: Guilty.
Specification 1: Was, at or near Nellis AFB, NV, on or about
2 8 Sep 89, drunk and disorderly.
Specification 2 : Was, at or near Nellis AFB, NV, on or about
1 Oct 89, drunk and disorderly.
Specification 3. Did, at or near Nellis AFB, NV, on or about
28 Sep 89, wrongfully communicate a threat to injure - - - - - by
throwing her through the kitchen window and door.
Specification 4. Plea: Not Guilty. Finding: Not Guilty.
Specification 5. Did, at or near Nellis AFB, NV, or or about
28 Sep 89, wrongfully communicate indecent language to - - - - - - - - - .
Specification 6. Did, at or near Nellis AFB, NV, on or about
1 Oct 89, wrongfully communicate indecent language to - - - - - - - - - .
ADDITIONAL CHARGE 1. Article 86. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Nellis AFB, NV, or or about
10 Oct 89, without authority, failed to go to appointed place of
duty.
ADDITIONAL CHARGE IT. Article 89. Plea: Guilty. Finding: Guilty.
Specification: Was, at or near Nellis AFB, N V , on or about
10 Oct 89, disrespectful toward a superior commissioned officer.
ADDITIONAL CHARGE 111. Article 90. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Nellis AFB, NV, on or about
10 Oct 89, disobey a lawful order not to drink alcoholic
beverages.
ADDITIONAL CHARGE 1V. Article 108. Plea: Guilty. Finding: Guilty.
Specification: Did, at or near Nellis AFB, NV, on or about
10 Oct 89, willfully damage government property in an amount over
$100.00. Plea: Guilty, Finding: Guilty as pleaded except the
words "damage a doorknob by breaking it off the doorn.
ADDITIONAL CHARGE V. Article 134. Plea: Guilty: Finding: Guilty.
Specification: Was, at or near Nellis AFB, NV, on or about
10 Oct 89, drunk and disorderly. Sentence adjudged on 15 Nov 89:
Confinement for 60 days and reduction to AMN.
g . Record of SV: None.
(Discharged from Nellis AFB)
h. Awards & Decs: AFSAEMR, USAFNCOPMEGR, AFLSR W/2 OLC, AFOLTR, AFTR,
AFOUA W / 2 OLC, AFGCM W/lOLC, AFCM W/3 OLC, AFAM.
i. Stmt of Sv: TMS: (15) Yrs (2) Mos (8) Das
TAMS: (14) Yrs (11) MOS (24) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Em 293) dtd 4 Nov 02.
(Change Discharge to Honorable)
Issue: I need my discharge upgrade. Please it's my life and I gave 15 yrs
of my life to the military.
ATCH
None.
DEPARTMENT OF THE AIR FORCE
554TH TRANSPORTATION SOUADRON (TAC)
NELLIS AIR FORCE 8ASE NV 10191~5000
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FL?Looz-~g-&$f
CC
Notification Letter - Board Hearing
REPLY TO
ATTN OF:
SUBJECT:
Ta
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1 . I am recommending your discharge from the United States Air
Force for a patter^ of misconduct, discreditable involvement
with military or civil authorities, according to AFR 39-10,
under the provisions of paragraph 5 - 4 7 a .
documents t o b e forwarded to the separations aylthority to
support this recommendation are attached.
Copies of the
2. My reasons for this action are:
a. In that you did, at Las Vegas, Nevada, on or about
7 June 1989, operate a motor vehicle while drunk, ae evidenced
by an Incident/Complaint Report (DD Form ,,1569) dated 7 June.
1909;
b.
In that y o u did. at Nellis Air Force Base, Nevada, on or
about 9 June 1889, operate a vehicle, to w i t : a piqkup truck,
while drunk, as evidenced by an Article 15 dated 26 Jpne IQ&Q, a
Report of Sobriety Examination (NAFB Form O-46Ii;date$. 9 Jun$&
1989. an Incidant/Corn~laint R e ~ o r t (DD Form 1569) date& 9 kune
,
- "
Article 15 dated 26 ~ u n e 1989;
c. I n t h a t you did, at or near Las Vegas, Nevada, on or
about 12 June 1989, operate a motor vehicle while drunk, a?
evidenced by an Incident/Complaint Report (DD Form 1569) datid
20 June 1989. and a Temporary Custody Record (LVMPD Form 2 2 X
*
dated 20 June 1989;
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d. In that you w e r e . at Nellis Air Force Base, N e v a d a , o n
or about 28 September 1989, drunk and disorderly, aa evidenced
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coho1
Influence Report (DD Form 1920) dated 28 September 1989, and a
Report of Result of Trial (AF Form 13591 dated 15 November 1989:
e:
1n t h a t y o u d i d , a t N e l l i s A i r F o r c e B a s e Nevada, on o r
a b o u t 28 S e p t e m b e r 1 9 8 9 , o r a l l y c o m m u n i c a t e t o
-indecent
l a n g u a g e , t o w i t :
" t a k e my f u c k i n g k i d s a n d
g e t t h e h e l l o u t " , as e v i d e n c e d by a n I n c i d e n t / C o m p l a i n t R e p o r t
(DD Form 1569) d a t e d 28 S e p t e m b e r 1989, t h e Hworn s t a t e m e n t of
a n d a R e p o r t of R e s u l t of Trial ( A F Form
, .
1359) d a t e d 15 November 1989;
?.
f .
I n t h a t you d i d , a t N e l l i s A i r F o r c e Base, Nevada, on o r
about 1 O c t o b e r 1 9 8 9 , w r o n g f u l l y r e s i s t b e i n g a p p r e h e n d e d by
Security P o l i c e m e n , as e v i d e n c e d by a n I n c i d e n t / C o m p l a i n t Report
T r i a l (AF Form 13591 d a t e d 15 November 1889;
g .
I n t h a t y o u were, at N e l l i s A i r Farce Base, Nevada, on
o r a b o u t 1 O c t o b e r 1989, d r u n k and d i s o r d e r l y , as e v i d e n c e d " : $ y
1 O c t o b e r 1 9 8 9 , a Report of Sobriety E x a m i n a t i o n (NAFB Form
0 - 4 6 ) dated 1 O c t o b e ~ 1989, a n d a R e p o r t of R e s u l t of. T r i a l ( A F
Form 1 3 5 9 ) dated 1 5 November 1980;
h .
I n t h a t v o u d i d . a t N e l l i s A i r Force Base, Nevada:'%on o r
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about 1 O c t o b e r i989, o r a l l y c o m m u n i c a t e te-
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I n that you d i d , a t N e l l i s A i r F o r c e B a g e , N e v a d a , t o n or$;>
a b o u t 10 O c t o b e r 1989, f a i l t o g o at t h e t i m e p r e s c r i b e d t o w y o u r
a p p o i n t e d p l a c e of d u t y , as e v i d e n c e d by a Report of R e s u l t of
T r i a l ( A F Form 1359) d a t e d 15 November 1088;
j .
I n t h a t y o u were, a t N e l l i s A i r Farce B a a e , ~ e v a + , o n
o r a b o u t 10 O c t o b e r 1 9 0 9 , d i s r e s p e c t f u l i n language t o w a r d
g u p e r i o r cornrniaaioned o f f i c e r , by s t a t
of a bitch' and that
d e v i d e n c e d by a R e p o r t
15 November 1 9 8 9 , and
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k. In that you d i d , at Nellis Air Force Base, Nevada. on or
October 1989, disobey a lawful order from-
not to drink alcoholic beverages, as evidenced by an
Incident/Complaint Report (DD Form 1569) dated 10 October 1989,
and a Report of Result of Trial (AF Form 1359) dated 15 November
1989 ;
1. In that you d i d , at Nellis Air Force Base, Nevada; on or -
L about 10 October 1989, without proper authority , wi 11 fully
damage government property, to wit: a chair, a bed frame, two
dressers, and a carpet, the amount of the damage being in excess
o f $100.00, as evidenced by a Report of Result of Trial (AF Form
1359) dated 15 November 1989, a 554 OSW/LaT letter dated 16
October 1989, and an Incident/Complaint Report .(DD Form 1569)
dated 10 October 1989; and
1
m. In that you were, at Nellis Air Force Base, Nevada, on
or about 10 October 1989, drunk and disorderly, as evidenced by
an Incident/Comalaint Report (DD Farm 1569) dated 10 October
10 October 1989, and a Report of ~ o b r i e G Examination NAFB
3. This action could result in your separation with an under
other than honorable conditions discharge. I a m rgcomrnending
that you receive an under other than honorable condi,tions th
discharge. The commander exercising SPCM jurisdictjon or 5 9 ,
higher authority will make the final decision in t,his +nat% r.,
f f you ape d i s o h a ~ g e d , you will be ineligible for reen{istqeril
in the Air Farce.
*
4. You have the right to:
a. Consult legal counsel.
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board.
b. Present your case to an administrative discharge
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c. Be represented by legal counsel at a board hearing.
d. Submit statements in your own behalf in addit8on t o ,
or in lieu o f , the board hearing.
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e . Waive the above rights. You must consult legal
counsel before making a decision to waive any of your rights.
5. You have been scheduled far or have had a medical
examination at the USAF Hospital, Phyaical Exam Seation at 0630
hours on 10 Jul 89.
8 . ~ i l i t a r ~ legal counsel, Bldg P-47, duty phone 24034, has
been obtained to assist you. An appointment has been scheduled
for y o u to consult him/her at 0900 hours on Monday .-li- OGC 89..
Instead of the appointed counsel, you may have another, i f , t h e
lawyer you request is in the active military service and is
reasonably available as determined aacording,to AFR 1 1 1 - 1 . . In
addition to military counsel, you have the right to employ
civilian counsel. The Air Force d o e s not pay expenseg incident .
L t o 'the employment of civilian counsel. Civilian counsel, i f
employed, must be readily available.
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7. Confer with your counsel and reply, in writing within seven
( 7 ) workdays, specifying the rights you choose to exercise. T h e
statement must be signed in the presence of your counsel who
also will sign it. If you waive your right to a hearing bef.ore
an administrative discharge board, you may Butrmit written
statements in your own behalf. I will send the ri!tatkments to
the discharge authority with the case file to be considered .with
t h i s recommendation. If y o u fail to respond, your failure will
constitute a waiver of the ri'ght to the board h e a p i n g .
8. Any personal information you furnish in rebuttal is covered
by the Privacy Act Statement as explainad in AFB 39-10.
attachment 6. A copy of AFR 39-10 is 'availAble for your use in
the Unit Orderly Room.
Q. Execute the attached acknowledgment and r e t u r n 7 i t to me
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immediately.
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2a ~ t c h g a
1. DD Form P569, dtd' ' .
7 Jun 89
2. AF Form 3070, dta.
26 Jun 89
3. Report of ~ o b r i e t b ,
Examination, dtd 9 ~h 89
4 . DD Form 1569, dtd
9 Jun 89
T
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6. The respondent'#
response to the Article 15
7 , DD Form 1569, dtd
20 Jun 89
8 . LVMPD Farm 22, d t d
20 Jun 89
9 . DD Form 1569, dtd
20 S e p 8 0
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10. .Sworn S t a t e m e n t s o f
11. DD ~ o r m 1 9 2 0 , dtd
28 Sep 89
1 2 . A F Form 1 3 5 9 , d t d
15 Nov 89
13. DD Form 1 5 6 9 , d t d
2 8 Sep 89
14. Sworn Statement of
-
--
15 Nov 89
1 6 . DD F o r m 1 5 6 9 , d t d
1 O c t 89'
17. Sworn S t a t e
19. Db Form 1569, dtd
1 O c t 89
2 0 . DD' ~ o r m 1920, dtd
1 O c t 89
2 1 . NAFB ~ o r r n ~ 0 - 4 6 , d$q
1 O c t 89"
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2 2 . AF Form '1359'< dtd, c
15 Nov 89
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10 O c t 89
2 5 . AF Form 1359, d t q '
15 Nov 89
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2 6 . 5 5 4 OSW/LOT ltr, &td
16 Oct 89
2 7 . DD F o r m 1 5 6 9 , d t d
10 Oct 89
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29. DD Form 1920, dtd
10 o a t 89
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