AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

   

PERSONAL APPEARANCE

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB Sams

X RECORD REVIEW

AFSN/SSAN

 

 

NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

   

MEMBERS SITTING

 

   
 

 

Bra

 

 

 

 

 

  

  

 

 

 

 

 

ISSUES INDEX NUMBER

 

AHI! HEVED

APPOINTING THE BOARD

   

 

 

ORDER

 

 

 

  
   
    
   

  
 

S es ie ee

A93.07, A92.37, A93.11 A67.30 1 |
2 | APPLICATION FOR REVIEW OF DISCHARGE
I 3 | LETTER OF NOTIFICATION
| HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
8 JULY 03 FD2003-00014

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL. APPEARANCE

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
i BOARD D TIC

  

 

 

 

 

REMARKS

Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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 | pp303-00014

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, commission of a serious offense. Member was tried at
Special Court Martial and found guilty of five related offenses. He pled guilty only to one of the charges,
that being violation of a no contact order with AlC MC, his active duty Air Force spouse. The other
charges he was convicted of consisted of leaving his place of duty without authority, making a false official
statement to a SSgt who was his escort during pre-trial confinement regarding a phone call he made to his
spouse, assaulting his spouse, and communicating a threat to break his spouse’s neck. During the discharge
processing, the unit commander considered withdrawing the discharge to give member another opportunity
for rehabilitation; the commander changed his mind after member received a subsequent Letter of
Reprimand following his arrest by civilian authorities for making harassing and threatening phone calls to
one of his estranged wife’s friends. The Board noted that applicant’s misconduct was very serious and not
compatible with Air Force standards; the degree of member’s misconduct outweighs the applicant’s

otherwise acceptable service during the period of enlistment under review, and warrants the characterization
of service received.

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
FD2003-00014
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 28 Feb 02 UP AFI 36-
3208, para 5.52.3 (Misconduct ~ Commission of a Serious Offense). Appeals for
Honorable Disch.

 

2. BACKGROUND:

a. DOB: 13 Feb 79. Enlmt Age: 20 6/12. Disch Age: 23 0/12. Educ: HS DIPh.
AFOT: N/A. A-48, E-43, G-37, M-39. PAFSC: 3F131 - Heating, Vent, A/C &
Refrigeration Apprentice. DAS: 23 Nov 99.

b. Prior Sv: (1) AFRes 7 Sep 99 - 22 Nov 99 (2 months 16 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 23 Nov 99 for 6 yrs. Svd: 2 Yrs 3 Mo 6 Das, all AMS.

b. Grade Status: AB - 19 Dec 01 (SPCM, 4 Dec 01)
AlC - 13 Feb 00

c. Time Lost: None.
d. Art 15's: None.

e. Additional: LOR, 7 JAN 02 - Civilian arrest for making harassing and
: threatening phone calls.

f. CM: Special Court Martial, 4 Dec 01

CHARGE: Article 86.

Specification: Did, at Barksdale AFB, LA on or about 29 Oct O01,
without authority, go from his appointed place of duty. Plea:
Not Guilty. Finding: Guilty.

CHARGE: Article 90.

Specification: Having received a lawful command from Lt Col ----,
his superior commissioned officer, to have no further contact with
his spouse, AlC ------- , did, at or near Barksdale AFB, LA, from
on or about 28 Oct 01 to on or about 7 Nov 01, willfully disobey
the same. Plea: Guilty. Finding: Guilty.

CHARGE III: Not Guilty.

CHARGE IV: Article 107.
FD2003-00014

Specification: Did, at or near Barksdale AFB, LA, on or about 7
Nov 01, with intent to deceive, make to SSgt ------ , an official
statement, to wit: "that he was calling a phone number, and that
he was then forwarded to his home phone," or words to that effect,
which statement was totally false, and was then known by him to be
so false. Plea: Not Guilty. Finding: Guilty.

CHARGE V: Article 128.
Specification 1: Not Guilty.

Specification 2: Did, at or near Bossier City, LA, on or about 29
Oct 01, unlawfully assault AlC ----~---- on her face by striking it
with a cell phone and on her neck by twisting it with his hands.
Plea: Not Guilty. Finding: Guilty.

CHARGE VI: Article 134.

Specification: Did, at or near Bossier City, LA, on or about 29
Oct 01, wrongfully communicate a threat to injure her by breaking
her neck. Plea: Not Guilty. Finding: Guilty. Sentence
adjudged on 4 Dec 01: Reduction to AB, confinement for 45 days,
restriction for 30 days, and hard labor without confinement for 7
days.

g. Record of SV: 23 Nov 99 - 22 Jul 01 Barksdale AFB 5 = (Intial)
(Discharged from Barksdale AFB)
h. Awards & Decs: AFTR.

1. Stmt of Sv: TMS: (2) Yrs (5) Mos (22) Das
TAMS: (2) Yrs (3) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Jan 03.
(Change Discharge to Honorable)

Issue 1: I have no issues, I would just like to thank the members of the
Board for your time in hearing my review.

ATCH
None.

12MAR03/ia
FD Z2C0B~ PEC

DEPARTMENT OF THE AIR FORGE.
HEADQUARTERS 2D BOMB WING (ACG)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

  

MEMORANDUM FOR ABS

FROM: 2 CES/CC
SUBJECT: Notification Letter - Administrative Discharge

1. Lam recommending your discharge from the United States Air Force for Commission of a
Serious Offense. The authority for this action is AFI 36-3208, para 5.52.3, if my
recommendation is approved, your service may be characterized as under honorable conditions

(general).
2. The reasons for this action are as follows:

a. On 27 Dec 01, you communicated a threat to another individual, as evidenced by an
Letter of Reprimand (LOR), (Tab A);

b. On 7 Nov OL, you made an false official statement, as evidenced by an Result of Trial,
(Tab B);

c. On 29 Oct O1, you without authority leave your place of duty, as evidenced by an
Result of Trial, (Tab B);

d. On 29 Oct 01, you unlawfully assaulted. A | COMMON as evidenced by an
Result of Trial, (Tab B);

e. On 29 Oct 01, you wrongfully communicated a threat to A1C @iiiiiitmm as evidenced
by a Result of Trial, (Tab B) and;

f. On 28 Oct 01, you willfully disobeyed an direct order, as evidenced by an Result of
Trial, (Tab B). .

3, Copies of the document(s) referenced above have been attached and will be forwarded to the
separation authority in support of this recommendation, The commander exercising SPCM
jurisdiction or a higher authority will decide whether you will be discharged or retained in the Air
Force, and if you are discharged, how your service will be characterized. If you are discharged,
you will be ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel, Capt SQM Arca
. Defense Counsel (ADC) for Barksdale AFB, Extension 6-8355, Building 4714 (gym annex
building), third floor, has been obtained to assist you. An appointment has been scheduled for

(f
me ere re eee

— “L vgs
you to consult with the ADC on / &) 2 at f @ QO brs. You may consult civilian
counsel at your own expense.

5. You have the right to submit statements in your behalf. Any statements you want the
scparation authority to consider must reach me within three (3) duty days, unless you request and
receive an extension for good cause. I will send any statements that you provide to the separation

authority.

. [f you fail to consult counsel or fail to submit statements in your behalf, you will waive the
Tht to do so.

7. You have been scheduled for a medical examination. You must report to Flight Medicine it al

with your medical records for the appointment. Your appointment is on at (ic 1a

hrs. 7 Taw ogy S
277 tw ofa

8. You have been scheduled for a Pre-se sparation Counseling briefing. You must report to the
Family Support Center, Bldg 4713, at(‘7/.,0¢-on __ © 30 _ for the briefing.

9. Any personal information that you furnish in rebuttal is covered by the Privacy Act of 1974.
A copy of AFI 35-3208, the AFI governing this case, is available for your use in your unit
Orderly Room.

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

 

Attachments:

1. Acknowledgment/Receipt of Notification of Memorandum
2. Supporting Document (Tab A-B)