‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

  

SSGT

 

 
 
  

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

    
 

 

 

MEMBERS SITTING

 

 

TSSUES
A93.07, A92.37, a93.11

 

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INDEX NUMBER

A67.10

 
 

     
  

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 TIME OF
PERSONAL APPEARANCE

HEARING DATE

8 JULY 03

   

CASE NUMBER
FD2002-0545

      
 
  
 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

Case heard at Washington, D.C.

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

SIGNATURE OF BOARD PRESIDENT,

tee

 

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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 be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for minor disciplinary infractions, and received a general (under
honorable conditions) characterization of service. During the enlistment under review, member received
two Articles 15 within 8 months for communicating threats to kill his wife on two separate occasions
between 17 September 1994 and 25 May 1995. During the same enlistment, member also had two Letters
of Reprimand, one for financial irresponsibility and the other for dereliction of duty. At the time of the
discharge member consulted counsel and exercised his right to have his case heard by an administrative
discharge board and submit statements in his own behalf. The discharge board found that member
committed the offenses and they were sufficient to warrant a general discharge. The record reflects that
member’s marital strife and other misconduct were apparent during previous enlistments also; he had
received two Articles 15, one in 1986 for disobeying a lawful order not to drive on or off base, the other in
1992 for assaulting his wife. Furthermore, there was a detailed history of Family Advocacy Program
involvement from March 1993 to May 1995. However, member failed to show how his marital and
personal problems were unique or different from those of other similarly situated airmen. And although
given many opportunities spanning multiple enlistments, to conform his behavior to that expected of an
airman or noncommissioned officer such as himself, he was unwilling or unable to do so. In view of all the
available information, the Board found the record supports the characterization of service received.

Applicant cited his difficulties with post-service employment and resultant financial hardships as
justification for an upgrade. While the Board was sympathetic to the impact of the general discharge on
applicant, this is not a matter of equity or propriety that warrants an upgrade.

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
FD2002-0545
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former SSGT) (HGH SSGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Dec 95 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 17 Jul 63. Enlmt Age: 21 4/12. Disch Age: 32 5/12. Educ: HS DIPL.
AFQT: N/A, A-29, E-86, G-86, M-55. PAFSC: 3C071 - Communications-Computer
Systems Operator. DAS: 15 Oct 88. >

b. Prior Sv: (1) AFRes 21 Nov 84 - 11 Apr 85 (4 months 22 days) (Inactive).

(2) Enlisted as A1C 12 Apr 85 for 4 yrs. Extended 8 Sep 87
for 5 months. Reenld as Sgt 3 Apr 89 for 4 yrs. Extended 24 Mar 93 for 3
months. Extended 1 Jul 93 for 6 months. Svd: 8 yrs 8 months 7 days, all AMS.
SRA - 12 Aug 87. Sgt-(APR Indicates): 1 Aug 88-S Aug 89. SSqt ~ 1 Oct 91.
APRs: 9,9,9,9,9. EPRs: 5,5,5,5.

ART 15s: (1) 25 Nov 92, Scott AFB, IL -~- Article 128. You did, on or
about 31 Oct 92, unlawfully grab ------ by her arm, hold
her against the bed with your body, spit in her face and
strike her in the face with an open hand. Suspended
reduction to SRA, forfeiture of $100.00 pay per month for
two months, and a reprimand. (Appeal/Denied) (No
mitigation)

(2) 3 Nov 86, RAF Mildenhall, UK - Article 92. You, having
knowledge of a lawful order issued by Col ---~-~-~ , 48
csG/cc, to wit: not to drive any vehicle on or off base,
an order which it was your duty to obey, on or about 26
Oct 86, fail to obey the same by driving your privately
owned vehicle, on public roads at or near RAF Mildenhall,

Suffolk, England. Suspended forfeiture of $100.00 per
month for two months, and 30 days correctional custody.
(No appeal) (No mitigation).
3. SERVICE UNDER REVIEW:
a. Reenlisted as SSgt 20 Dec 93 for 6 yrs. Svd: 2 Yrs 0 Mo 0 Das, all AMS.
b, Grade Status: None.

c. Time Lost: None.

d. Art 15’s8: (1) 22 Jun 95, Scott AFB, IL - Article 134. In that you,
were, on or about 25 May 95, disorderly. You did, on or
FD2002-0545

about 25 May 95, wrongfully communicate to -------- a
threat to wit: "Bitch, I'1l kill you if you don't tell
me who it is" or words to that effect. Suspended
reduction to SRA, forfeiture of $300.00 pay (in excess
of $200.00 pay suspended), 10 days extra duty, and a
reprimand. (No appeal) (No mitigation)

(2) 7 Oct 94, Scott AFB, IL - Article 134. You did, on or
about 17 Sep 94, wrongfully communicate to ------- a
threat to kill her. Suspended reduction to SRA.
(Appeal/Denied) (No mitigation)

e. Additional: LOC, 28 JUL 95 - Dereliction of duty.
LOR, 14 JAN 94 - Financial irresponsibility.
LOR, 26 JUL 93 - Financial irresponsibility.
LOR, 24 MAY 93 - Financial irresponsibility.

£. CM: None.

g. Record of SV: 03 Apr 93 - 02 Apr 94 Scott AFB 4 #£(Annual) REF
03 Apr 94 - 02 Apr 95 Scott AFB 5 _ (Annual)
03 Apr 95 - 26 Apr 95 Scott AFB 3 (CRO)

(Discharged from Scott AFB)

h. Awards & Decs:. AFCM, AFLSAR(10LC), AFTR, AFOSLTR, NDSM, NCOPMER(1
OLC), AFOUA, NMUA, AFGCM(2 OLCS), SWASM.

i. Stmt of Sv: TMS: (11) Yrs (0) Mos (0) Das
TAMS : (10) Yrs (8) Mos (9) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 20 Dec 02.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
None.

6MARO03/ia
PD 2062-I SYS

. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

8, ISSUES .

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
datermine whether there ara any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concem to you unless those issues are listed or incorporated by specific reference below. Carefully read the Instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

4-am submitting this-tequest for-a diseharge upgrade-se-that-Lmight obtain employment: - Since-my discharge-from- - - -
-service,-I-have been haunted by-my actions while or-active duty.- While-on active-duty 1-won many awards but--am- - -
-ashame that-my military ‘service will be considered-« failure due to: my-type of discharge: Ihave taken-steps to- ~ -- ~~ -
‘prevent-any such actions from taking place inthe future including completing an angry-management class while-I-was -
“or active duty.- My actions; while by no means justified -were due to problems between me-and my ex-wife who-was ~~
‘cheating on me with another airman. ~ This was magnified due to that fact that the ainman was a friend who-had been- --
‘tomy house, ate my food and even borrow my truck to haut something to his apartnrent.~ But since my divorce, mre ~ --
“and my ex-wife have developed a better retationshipy. “She has moved back to Georpis, at my expense and re-nrarried ~~
“and-we have become better friends than-we were a couple: ‘Since my discharge I had bea working and paying my~ ~~~
“child support on'time and carrying my two dependents on my hiedical plan. Bot in June Twas hid off by IBM as part ~
‘of the corporate Wide teduiction and T tiave been looking for amploynient since: The problent with my discharge first ~~
‘Cahic to a héad when I applied? fora positions with the post office for seasonal work and was told T could hot bé ~~~ "7"
“accepted dué to the fact that niy discharge Was hot an hondfable discharpe- 1 Was told that even though I ain a disable”
Veleraii técevitig 30% disability Compensation, my discharge, Which in a penieral tinder honorable conditions was ~~ ~~~
“against their policy.” Although ami told be the VA that 1 can apply arid be awarded federal employinient with my ~~~
“current discharge type, Lhave beéii tuméd down for numerous jobs that 1 was rated well qualified and everi best" ~~
‘qualified. 1 personal feel that this is a resulf of my discharge type. Because of this am starting to endure hardships —~

‘with my finances and Yami not able to provide proper health care for my dependents. Since it has been over seven
Yeats since my discharge, | am putting my request at the mercy of the board and asking you to upgrade my discharge __
‘so that I may close this ugly chapter in my past and get on with life and provide for my two children as well as myself.

UHAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION.

EPREVIOUSLY SUBMITTED AN APPLICATION OW (Enter date)
AND AM COMPLETING THIS. FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION :

| make the foregoing statements as part of my application with full knowledge of the penalties Involved for willfully making a false
ee (U.5. Code, Tite 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more thar 5 years,
or both,

a. DATE (YYYYMMDD)
L002 Déc 20

ARMY

Amy Review Boards Agency Naval Council of Personnel Boards:
ane eieeR ee | 720 Kennon Street, S.E.
1 Rm. 309 (NDRB) 550-C Street West, Suite 40 2100 Second Street, $.W.

BS ee Ler or Sa'eo00 Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20893-0001

(See http:/arba.army.pentagon.mil) | 20374-5023

 

‘DD FORM 293, DEC 2000 Page 2 of 4 Pages
PVZER- LS YS

| 1@ WL 19%
MEMORANDUM FOR SScGT @agO ECan

FROM: 375 CPSS/cc

SUBJECT: Notification Letter - Board Hearing

1. I am recommending your discharge from the United States Air Force for
minor disciplinary infractions, according to AFI 36-3208, under the provisions
of paragraph 5.49. Copies of the documents to be forwarded to the separation
authority to support this recommendation are attached.

2. My reason for this action are:

page On or about 17 Sep 94, you wrongfully communicated to ie
ie threat to kill her. For this offense you received an Article 15
ated 3 Oct 94, with an Unfavorable Information File (UIF) entry. (Atch 1)

b. On or about 25 May 95, you were disorderly. In addition, on or about
25 May 95, you wrongfully communicated to sheila Barnett a threat to wit:
“Bitch, I'll kill you if you don't tell me who it is” or words to that effect.
For this offense you received an Article 15, dated 2 Jun 95, with a UIF
entry. (Atch 2)

3. This action could result in your separation with an Honorable, General
(Under Honorable Conditions), or Under other Than Honorable Conditions
Discharge. I am recommending that you receive a General (Under Honorable
Conditions) Discharge. The commander exercising SPCM jurisdiction or a higher
authority will make the final decision in this matter. If you are discharged,
you will be ineligible for reenlistment in the Air Force.
4. You have the right to:

a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counsel at a board hearing.

d. submit statements in your own behalf in addition to, or in lieu of,
the board hearing.

‘

e. Waive the above rights. You must consult legal counsel before making
a decision to waive any of your rights.
fp soo2- OS¢S-

5. You have been scheduled for a medical examination. You must report to
375th Medical Group, Physical Examinations Section, at. N/ irs on for
the examination.

6. You will report immediately to Pass and Identification (Bldg 350) to
surrender your Military Identification Card (ID) and the ID Cards of any
dependents. You will be issued a temporary ID pending the 375 Aw/cc decision
on your discharge.

“ae

7. You will repert before close of business tomorrow (or the next duty day)
to the Transportation Management Office (TMO), Outbound Assignments, to
complete a Scott Air Force Base Form 241/Personal Property Appointment Sheet.
That worksheet must be completed and returned to TMO within 5 days.

8. Military legal counsel, API i , has been obtained to
assist you. An appointment has been scheduled for you to consult him

on IQJULY 1995, at (200 hrs. Instead of the appointed counsel,
you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFR 1li-1. In
addition to military counsel, you have the right to employ civilian counsel.
The Air Force does not pay expenses incident to the employment of civilian
counsel. Civilian counsel, if employed, must be readily available.

9. confer with your counsel and reply, in writing, within 7 workdays, —
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who also will sign it. If you waive your right
to a hearing before an administrative discharge board, you may submit written
statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If
you fail to respond, your failure will constitute a waiver of the right to do
so.

10, Any personal information you furnish in rebuttal is covered by the

Privacy Act Statement as explained in AFI 36-3208. A copy of AFI 36-3208 is
available for your use in the squadron orderly room or base legal office.

11. Execute the attached acknowlegg Preturn it tom immediately.

   

Commander

Attachment:
1. Article 15, dated 3 Oct 94
2. Article 15, dated 15 Jun 95
MEMORANDUM FOR SSGT yng ARR hoiengienanas 27 SEP 1905

From: 375 cpss/cc

SUBJECT: Addendum to Notification Letter - Board Hearing

1. On 12 Jul 95, I notified you of my recommendation for discharge from the
United States Air Force under AFI 36-3208, para 5.49, for minor disciplinary
infractions. I am now including additional information to be considered by
the separation authority. Specifically, I am including:

a. ADDITIONAL INFORMATION SUPPLEMENTING BASIS FOR DISCHARGE:

(1) Between on or about 1 Jan 94 to on or about 14 Jan 94, you did,
at or near Belleville, Illinois, being indebted to Tish's Auto, in the sum of
$100.00 for payment of an outstanding debt, which amount became due and
payable on 1 Jan 94, dishonorably failed to pay said debt. For this offense
you received a Letter of Reprimand (LOR), dated 14 Jan 94 with an Unfavorable
Information File (UIF) entry. (Atch 1)

(2) On or about 27 Jul 95, you were derelict in the performance of
your duties, to wit: you failed to return to building P-61 to perform a
furniture moving detail, as it was you duty to do. For this offense you
received a Letter. of Counseling (LOC), dated 28 Jul 95 with a UIF entry.
(Atch 2)

b. ADDITIONAL DEROGATORY DATA:

(1) Between on or about 5 Mar 93 to on or about 7 Apr 93, you did, at
Scott Air Force Base, Illinois, make and utter to the Enlisted Club, Youth
Center, and Bowling Center, certain checks, in payment of debts, and did
thereafter dishonorably fail to maintain sufficient funds for the payment of
such checks in full upon its presentment for payment. For these offenses you
received a LOR, dated 24 May 93 with a UIF entry. (Atch 3)

(2) On or about 9 Jul 93, you did, at Scott Air Force Base, Illinois,
make and utter Army and Air Force Exchange Service a certain check, for the
purpose of procuring lawful currency and/or a thing(s) of value, and did
thereafter dishonorably fail to maintain sufficient funds for the payment of
such checks in full upon its presentment for payment. For this offense you
received a LOR, dated 26 Jul 93, with a UIF entry. (Atch 4)

c. ENLISTED PERFORMANCE REPORT: 26 Aug 95 ~ 3. (Atch 5)

2. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
EPZ20O2-OS4¢ ES

the presence of your counsel who also will sign it. If you waive your right
to a hearing before an administrative discharge board, you may submit written
statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If
you fail to respond, your failure will constitute a waiver of the right to do
sO.

3. Any personal information you furnish in rebuttal is covered by the Privacy
Xct Statement as explained in AFI 36-3208. A copy of AFI 36-3208 is available
' for your use in the squadron orderly room or base legal office.

  
  

4. Execute the attached acknowledgmept angi i fom. immediately.

 

Commander

Attachment:

1. LOR, 14 Jan 94
2. LOC, 28 Jul 95
3. LOR, 24 May 93
4. LOR, 26 Jul 93:
5. EPR, 26 Aug 95