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 
I 
I  Caw heard at Washington, D.C. 

REMARKS 

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1 

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2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
q 

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 

I 

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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: 

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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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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 
* 

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. 

F 

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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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 

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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  

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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 

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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 
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2 0 .   DD' ~ o r m  1920,  dtd 
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2 1 .   NAFB ~ o r r n ~ 0 - 4 6 ,  d$q 
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16  Oct  89 
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