AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

    
 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN aes
PERSONAL APPEARANCE X RECORD REVIEW
] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER

A94,53, A92,.21, A92.37 A67.30 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

   

 

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

| ADDITIONAL EXHIBITS SUBMITTED AT TIM OF
PERSONAL APPEARANCE

 

HEARING DATE CASE NUMBER

03-05-16 FD2002-0518

ae) a) et

 

 

 

TAPE RECORDING OF PERSONAL APPERANG® HEARING

 

 

 

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the Bight to
submit an application to the AFBCMR.

 
   
  

 

fj
SIGNATURENERECORDER [  /) [J , ; SIGNATURE OF BOABD.PR

  
  

WA

SAPMHIBR SECRETARY OF THE AIR FORCE PERSONNE

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will b@fused.

        
  
 
 

OUNCIL
CASE NUMBER

 
   
 
 
 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp9992-0518

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the re
authority for his discharge, and to change his reenlistment code.

     
    
   
  
    
    
  

  
 
  
  
  
  
  
  
   
 
  
  

The applicant was offered a personal appearance before the Discharge Review Board but dqflined 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, change of reason and authority for discharge, and qhange of
reenlistment code are denied.

  

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

 
 
 

Issues. Applicant was discharged for commission of a serious offense. Member received two A
and a Record of Individual Counseling. His misconduct included failure to stop and render propiir respect
to the flag during retreat even after given an order to do so, wrongfully having sexual intercougke with a
married woman not his wife, being drunk and disorderly, using provoking language toward aj Security
Forces member in the execution of his duties, spitting on and kicking that Security Forces meg§ber, and
kicking another noncommissioned officer Security Forces member in the stomach during Ri
incident. The records review disclosed member entered the Air Force with a morals waiver due fo having
five speeding and careless driving tickets. As a result of his alcohol-related incident wherein hejAssaulted
two Security Forces members in the execution of their duties, he was sent to the 8-day Substanje Abuse,

   
     
   
    

Board found the record supports the characterization of service received.

 
 
     
     
   
  
 
   
 

The applicant noted he is now serving in the Army National Guard and cited his desire to return
in the Air Force. While the Board commends applicant on this desire, and is sympathetic to th@impact a

General discharge has on his reenlistment code, this is not a matter of equity or propriety that
upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistengj with the
procedural and substantive requirements of the discharge regulation and was within the discret
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 equitablff basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

  

Attachment:
Examiner's Brief
FD2@D2-0518
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

4

ee 5 (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Feb 97 UP AFI§36-

3208, para 5.52 (Misconduct - Commission of a Serious Offense). Appeals for
Honorable Discharge, Change in RE Code, and Reason and Authority for Discflarge.

2. BACKGROUND:

a. DOB: 4 Jul 74. Enlmt Age: 20 1/12. Disch Age: 22 7/12. Educ: HJ DIPL.
AFQOT: N/A. A-36, E-86, G-76, M-89. PAFSC: 2W031 - Munitions Systems
Apprentice. DAS: 11 Jan 95.

b. Prior Sv: None.

3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 24 Aug 94 for 4 yra. Svd: 2 Yrs 5 Mos 28 Das, affi AMS.
b. Grade Status: AMN - 27 Aug 96 (Article 15, 27 Aug 96)

c. Time Lost: None.

dad. Art 15's: (1) 15 Jan 97, Spangdahlem AB, Germany - Article 119. You
did, at or near Bitburg, Germany, on or about 24 Nov 96,
wrongfully use provoking words, to wit: "Fuck ydh, I'm
going to whip your ass" and "come on hit me," of words
to that effect towards A1C ------ , U.S. Air Forde
Security Policeman. Article 128. You did, at dk near
Bitburg, Germany, on or about 28 Nov 96, unlawfuly kick

SSgt ------ in or near his stomach with your fodk.
Article 128. You did, at or near Bitburg, Germahy, on
or about 28 Nov 96, unlawfully kick AlC ------- n his

right arm with your feet. Article 128. You did# at or
near Bitburg, Germany, on or about 28 Nov 96, urflawfully ‘
spit in the face of A1C ------- . Article 134. [Fou

were, at or near Bitburg, Germany, on or about 2B Nov

96, drunk and disorderly which conduct was of a fhRature

to bring discredit upon the armed forces. Suspa@hded
reduction to AB, and a reprimand. (No appeal) (NB
mitigation)

(2) 27 Aug 96, Spangdahlem AB, Germany - Article 13@. You,
did, between on or about 31 May 96 and 1 Jun 96,
wrongfully have sexual intercourse with ---~~--- wa
Married woman not your wife. Reduction to Amn, [gnd 45
days extra duty. (No appeal) (No mitigation)
FD2802-0518

e. Additional: RIC, 13 DEC 96 - Failure to stopping and rendering Jhroper
respect to the Flag during Retreat

f=. CM: None.

g. Record of SV: 24 Aug 94 - 15 Apr 96 Spangdahlem AB 4 (HAF Diff)

(Discharged from Dover AFB)
h. Awards & Decs: AFTR, NDSM, AFOUA, AFOSLTR.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (28) Das
TAMS: (2) Yrs (5) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 10 Nov 02.
(Change Discharge to Honorable, Change RE Code, and Reason and Authogity for

Discharge)

Issue 1: I am trying to get my discharge changed from, General Unde
Honorable Conditions, to a Honorable Discharge, for the main reason thatJff may
reenlist in the United States Air Force. I am currently serving in the §A Army
National Guard. I've been enlisted in the PA ARNG for 3 yrs.

ATCH
1. Det 1, HHC/2/112"" INF letter, 18 Oct 02.

26FEBOG/ia
oy Po2zee-bs/s

DEPARTMENT OF THE AIR FORCE
UNITED STATES AIR FORCES IN EUROPE

 

2 Tan Z
MEMORANDUM FOR < te
52d Equipment Maintenance Squadron

FROM: 52 EMS/CC

SUBJECT: Notification Letter

1. Tam recommending your discharge from the United States Air Force for the commission|pf a
serious offense. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.82.
If my recommendation is approved, your service will be characterized as honorable or genergl. I
am recommending that your service be characterized as general.

2. My reasons for this action are:

a. You did, at or near Bitburg, Germany, on or about 28 Nov 96, wrongfully use provokigig
words, to wit: “Fuck you, I’m going to whip your ass” and “come on hit me” or-words to th:
effect towards Airman First Class eatin: U.S. Air Force Security Policeman.

b. You did, at or near Bitburg, Germany, on or about 28 Nov 96, unlawfully kick Staff

Sergeant ewe: in or near his stomach with your foot.

Pd
c. You did, at or near Bitburg, Germany, on or about 28 Nov 96, unlawfully kick Aitma

First Class Spe: | in his right arm with your feet.

d. You did, at or near Bitburg, Germany, on or about 28 Nov 96, unlawfully spit in the fafle

of Airman First Class Ween

e. You were, at or near Bitburg, Germany, on or about 28 Nov 96, drunk and disorderly
which conduct was of a nature to bring discredit upon the armed forces.

~ For these actions you received an Article 15 dated 16 Jan 97 (Atch 1) which was placed in yah
existing UIF on 16 Jan 97. Your punishment consisted of reduction to the grade of airman bd@gic
and a reprimand. Reduction to the grade of airman basic was suspended until 14 Mar 97, afte

which time it will be remitted without further action unless sooner vacated.

63, In addition, the following information will be considered in determining whether or not yq
should be discharged, and if so, how your service will be characterized:

a. You did, at or near Spangdahlem Air Base, Germany, between on or about 31 May 96 ahd

1 Jun 96, wrongfully have sexual intercourse ith eS a married woman nd
your wife. For this action you received an Article 15 dated 10 Sep 96 (Atch 2) which was fila
at * PYrton2-Asy ¥

in a UIF established 10 Sep 96. Your punishment consisted of reduction to the grade of airfhan
with a new date of rank of 27 Aug 96 and 45 days extra duty.

b. On 12 Dec 96 you failed to stop and render respect to the flag when retreat started. GiB 12

Dec 96, you, having received a lawful order from iii. go back outside, failed |b
obey the same. For these actions you received a letter of counseling dated 13 Dec 96 (AtchB).

4. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or a higher
authority will decide whether you will be discharged or retained in the Air Force and, if youfare
discharged, how your service will be characterized. If you are discharged, you will be ineligible

for reenlistment in the Air Force.

5. You have the right to consult counsel. Military legal counsel has been obtained to assistfrou.

I have made an appointment for you to consult Captain gigas, Area Defense Cofpsel,
Bldg 151, Spangdahlem AB, Germany, on 30 Jan 97 at 1530 hours. You may consult civil

counsel at your own expense.

~ 6. You have the right to submit statements in your own behalf. Any statements you want
separation authority to consider must reach me by 3 Feb 97, unless you request in writing ag
receive an extension for good cause shown. I will send them to the separation authority.

 

7. If you fail to consult counsel or to submit statements in your own behalf, your failure wil
constitute a waiver of your right to do so.

~8. You have been scheduled for a medical examination. You must report to the 52d Medicé
Group Physical Exams Element with your medical records at 0745 hours on 30 Jan 97.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act Statemengjof
1974. A copy of AFI 36-3208 is available for your use in your orderly room.

10. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:

1. AF Form 3070, 16 Jan 97
2. AF Form 3070, 10 Sep 96
3. AF Form 174, 13 Dec 96