TYPE
GEN

  
  

 

NAME OF COUNSEL AND OR ORGANIZATION

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MEMBERS SITTING

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ISSUES

INDEX NUMBER

 

A94,05, A92.15 A67.90
HEARING DATE CASE NUMBER
14 AUGUST 03 FD2003-00049

REMARKS

Case heard at Washington, D.C.

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

   
 

 

GRADE AFSN/SSAN

SRA

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

HON

GEN

 

 

 

 

 

 

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING
TARAE : a

 

mie) Ba} ee

 

 

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.

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SAF/MIBR

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

 

AFHQ FORM 0-2077, JAN 00

 

ff

SIGNATURE OF BOARD PRESIDE!

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

 

(EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00049

GENERAL: The applicant appeals for upgrade of discharge to honorable to change the reason and authority
for the discharge.

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 and change of reason and authority for discharge are denied.

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

Issue. Applicant infers discharge was inequitable because it was too harsh and did not take into account the
good things he did while in the service. Applicant further requests that the reason for his discharge be changed
to “expiration of term of service.” The records indicated the applicant received four Letters of Reprimand,
three Letters of Counseling, had an Unfavorable Information File, and was found guilty at Special Court
Martial of two offenses. His misconduct included providing alcohol to underage personnel and allowing a
house party to get out of control, failure to appear for a mandatory state hearing regarding a civilian driving
under the influence charge, dereliction of duty, missing a scheduled appointment, being involved in two
separate verbal and physical altercations with personnel, assaulting a noncommissioned officer, and being
drunk and disorderly. The DRB opined that through the administrative and judicial actions taken, applicant
had ample opportunities to change his negative behavior. 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 DRB took note of the applicant's otherwise exemplary duty performance as documented by his
performance reports, letters of recommendation and other accomplishments. This included an act of heroism.
However, the Board found the seriousness of the willful misconduct offset the positive aspects of the
applicant's duty performance. The Board concluded the discharge was appropriate for the reasons that were its
basis, and that the reason for discharge should not be changed. A discharge for expiration of term of service
would only be appropriate when the discharge for cause was not warranted.

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
FD2003-00049
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS APB, MD

MISSING MEDICAL RECORDS

SE (Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Jul 02 UP AFI 36-_
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for an Honorable Discharge, and Change to Reason for
Discharge.

2. BACKGROUND:

a. DOB: 1 Oct 79. Enlmt Age: 17 9/12. Disch Age: 22 129. Educ:HS DIPL.
AFOT: N/A. A-58, E-45, G-48, M-26. PAFSC: 3P051 ~- Security Forces Journeyman.
DAS: 18 Apr OO.

b. Prior Sv: (1) AFRes 3 Jul 97 - 21 Oct 97 (3 Months 19 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 22 Oct 97 for 4 yrs (Involuntarily extended due to Stop
Loss). Svd: 4 Yrs 9 Mos 1 Das, all AMS.

b. Grade Status: SRA - 22 Oct 00
AlC - 22 Feb 99
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) Examiner's Note: AF Form 286A, dated 2 Aug O01, in
applicant's military personnel record indicates an
Article 15, dated 10 May 01. However, a copy of the
Article 15 is not listed on microfiche or filed in his
personnel records. The reasons for the Article 15 ag
reflected on AF Form 286A states, "You received an
Article 15 on 10 May 01, for unlawfully holding down an
airman with your body, unlawfully grabbing this airman
and throwing her onto a couch, and for failing to obey
the lawful order of the first sergeant not to have
contact with this airman". It appears the Article 15
was administered and subsequently set aside.

 

e. Additional: LOR, 06 JUN 01 - Involved in a verbal and physical

altercation.

LOC, 28 MAR 01 - Involved in a verbal altercation, and
accused of striking a female.

LOR, 11 MAR 01 - Failure to notify supervisor of quarters
status.

LOR, 11 MAR O1 - Failure to report to a scheduled
appointment.

LOC, 05 MAR 01 - Failing to accomplish assigned duties.
FD2003-00049

LOC, 10 FEB 01 - Failure to appear for a mandatory
appointment.

LOR, 24 AUG 00 - Responsible for an out of control party,
to include underage drinking.

£. CM: Summary Court Martial, 4 June 2002.
CHARGE 1: Violation of Article 128.

Specification 1, 2, 4: Plea: Not Guilty. Finding: Not Guilty.

Specification 3: In that SRA Qa usar, 377 sps,

did, at or near Kirtland AFB, NM, on or about 30 April 02, assault

SSgt ioe by placing his hands around his neck and
choking him. Plea: Not Guilty: Finding: Guilty.

CHARGE II: Violation of Article 134.

Specification: In that SKA QM Usar, 377" srs,

was at or near Kirtland AFB, NM, on or about 30 Apr 02, drunk and
disorderly. Plea: Not Guilty. Finding: Guilty. There wag no
sentence rendered in this case.

g. Record of SV: 22 Oct 97 - 21 Jun 99 RAF Lakenheath 4 (Initial)
22 Jun 99 - 26 Feb 00 RAF Lakenheath 5 (CRO)
27 Feb 00 - 26 Feb 01 Kirtland AFB 4 (Annual)
27 Feb 01 - 2 Juan 02 Kirtland AFB 5 (CRO)

(Discharged from Kirtland AFB)
h. Awards & Decs: AFAM, AFTR, AFOLTR, AFLSA, NDSM, AFEM, AFOUA, AFGCM.

1. Stmt of Sv: TMS: (5) Yrs (0) Mos (20) Das
TAMS: (4) Yrs (9) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 24 Jan 03.
(Upgrade Discharge to Honorable and Change Reason for Discharge)

Issues: I feel that item 28 on my DD 214 should be changed from misconduct
to expiration of of (sic) enlistment. At my court martial I was found not
guilty of all changes except drunk and disorderly which should not be a reason
for my discharge. I was drunk with my friends and this reason for seperation
(sic) ig causing me problems finding a job. It would be nice of you to review
my records and change the reason for my discharge. Over all I feel that my time
in service was positive and my discharge should not reflect that I was
discharged for misconduct.

ATCH
1. VA Letter.
2. DD Fm 214

1 May 03/er
i “6220039004 9
DEPARTMENT OF THE AIR FORCE

377TH SECURITY FORCES SQUADRON (AFMC)
KIRTLAND AIR FORCE BASE NEW MEXICO

 

CO Tuc 0 2

MEMORANDUM FOR SrA S900 SRI

FROM: 377 SFS/CCQ
SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for misconduct,
specifically, a pattern of misconduct. The authonty for this action is AFPD 36-32 and AFI 36-
3208, paragraph 5.50.2, Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reasons for this action are:

a. On 4 June 02, you were found guilty in a Summary Courts-Martial. See attached DD
Form 2329 and DD Form 458, Charge Sheet for details. (Atch 1)

b. On 6 Jun 01, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 2)

c. On 28 Mar 01, you received a Letter of Counseling. See attached LOC for complete
details. (Atch 3)

d. On 10 Feb 01, you received a Letter of Counseling. See attached LOC for complete
details. (Atch 4)

e. On 24 Aug 00, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 5)

3. 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 you are

discharged, how your service will be characterized. If you are discharged, you will be ineligible

for reenlistment in the Air Force. Special pay, bonuses, or education assistance funds may be
. subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult Captain Qgqgygyat building 20200, ext. 6-5554,
on (a3 G2. at OFod hours. You may consult civilian counsel at your own expense.
m £P 2003-0004?

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within 3 workdays from today unless you request
and receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You will complete a medical examination at the 377th Medical Group on 7JU(y G2 at
OD hr

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

  

9 Attachments: .
1, DD Form 2329, dated 4 June 02 and DD Form 458, dated 30 May 02

2. LOR, dated 6 June 01

3. LOC, dated 28 Mar 01
4. LOC, dated 10 Feb 01
5. LOR, dated 24 Aug 00