AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

et
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| SRA | ae
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL , NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL. ™
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

      
  
  
  
   
  
   
  
   

 

 

 

 

 

  

ISSUES

A93.09

INDEX NUMBER
A67.90

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE
FD2003-0102 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

dw) Ne]

HEARING DATE

24 JUN 03

CASE NUMBER

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE-BOARD'S DECISIONAL RATIONAL ARE DISCUSSED'ON THE ATTACHED AIR. FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE:

 

 

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 right to
submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER

   
 
   

  

“INDORSEMENT

: :
TO:

DATE; 24 JUN 03

  

 

 

FROM:
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 FD03-0102

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 does not contest his discharge. He merely wants an honorable discharge for the purpose
of competing for jobs. The record indicates the applicant received two Article 15s, the first for fleeing
apprehension by running from an armed forces policeman. The second for being disrespectful in language
toward two senior NCOs, being disorderly, and wrongfully communicating a threat to another airman. He
then received a Vacation action under the UCMJ for resisting apprehension, wrongfully communicated a
threat to other airman and to his wife. In addition, he received a Letter of Counseling for a civil arrest and
incarceration for a traffic violation and failure to inform his chain of command. The applicant also had 20
days lost time for being incarcerated. The Board concluded the applicant’s 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
; FD2003-00102
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

See (Former AMN) (HGH SRA)

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

Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Jan 77. Enlmt Age: 19 9/12. Disch Age: 25 4/12. Educ: HS DIPL.
AFOT: N/A. A-60, E-44, G-55, M-38. PAFSC: 3A051 - Information Management

Journeyman. DAS: 5 Apr 01.

b. Prior Sv: (1) AFRes 23 Oct 96 - 29 Dec 96 (2 months 7 days) (Inactive).

(2) Enlisted as AB 30 Dec 96 for 4 yrs. Extended 18 Jan 00
for 16 months. Svd: 3 yrs 9 months 17 days, all AMS. AMN - 30 Jun 97. AIC - 30

Apr 98. SRA - 30 Dec 99. EPRs: 3,5,5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 18 Oct 00 for 4 yrs. Svd: 1 Yrs 7 Mo 4 Das, of which
AMS is 1 yr 6 months 15 days (excludes 20 days lost time).

b. Grade Status: AMN - 16 Apr 02 (Article 15, 16 Apr 02)
A1C - 17 Jul 01 (Vacation of Article 15, 11 Jan 02)

c. Time Lost: 27 Oct 01 thru 15 Nov 01 (20 days.

d. Art 15’s: (1) 16 Apr 02, Little Rock AFB, AR - Article 91. You, on

or about 2 Apr 02, were disrespectful in language toward
sMsgt sanaghjancun and MSgt SiiiiPeM, non -
commissioned officers, then known by you to be superior

non~commisgsioned officers, who were then in the
execution of their office, by saying to them "you come
here mother fuckers," or words to that effect. Article
134. You, were, on or about 2 Apr 02, disorderly which
conduct was of a nature to bring discredit upon the
armed forces. You, did, on or about 2 Apr 02,

wrongfully communicate to SrA «yeu, a threat
to injure SrA dpe by stating, "I am going to

kick your ass," or words to that effect. Reduction to
Airman, suspended forfeiture of $300.00 pay per month
for 2 months, 30 days extra duty, and a reprimand.

(No appeal) (No mitigation)

(2) 11 Jan 02, Vacation, Little Rock AFB, AR - Article 95.
You, did, at or near Sherwood, Arkansas, on or about 27
FD2003-00102

Oct 01, resist being apprehended by —nanna a
Sherwood police officer, a person authorized to
apprehend you. Article 134. Specification 1. You,

did, at or near Sherwood, Arkansas, on or about 27 Oct
Ol, tee ona communicate to

and a threat to injure
and @@yirenias: by stating

"Tdi kilt you", "I! 11 kill you nin your fucking family"
and "I'll kill you, your bitch wife, and your kids.
Specification 2. You, did, at or near Sherwood,

Arkansas, on,or about 27 Oct 01, wrongfully communicate
a threat to injure amenebes. by

stating, "T'1] fuck you up," and "I'll kill you."
Reduction to A1C. (No appeal) (No mitigation)

   

 

(3) 17 Jul 01, Little Rock AFB, AR - Article 95. You, did,
on or about 16 Jun 01, flee apprehension by running from

A1c segnel,, an armed forces policeman, a

person authorized to apprehend you. Suspended reduction
to A1lC, 30 days extra duty, and a reprimand. (No appeal)
(No mitigation)

e. Additional: LOC, 21 AUG 00 - Civil arrest and incarceration for traffic
violation and failure to inform chain of
command.

£. CM: None.

g. Record of SV: 13 Apr 00 - 28 Feb 01 Port Hueneme 3 (CRO)
O01 Mar 01 - 28 Feb 02 Little Rock AFB 2 (Annual) REF

(Discharged from Little Rock AFB)
h. Awards & Decs: AFAM, KCM, AFTR, AFLSAR, AFOUA W/1 DEV.

i. Stmt of Sv: TMS: (5) Yra (6) Mos (11) Das
TAMS: (5) Yrs (4) Mos (3) Das .

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 5 Mar 03.
(Change Discharge to Honorable)

Issue 1: Throughout my Air Force career I have made many choices. Some of
them good, some of the (sic) bad. For the past 10 months, I've had the
opportunity to realize my future is based on the decisions I've made.

Since my discharge, I have drastically changed my outlook on life. The job
market is not as secure as expected. I have attended school and received (sic)
my commericial driving liscence (gic).

é
I sincerely hope that my discharge status will be upgraded so that I can have a
fair chance competing for jobs, and mainly stand proud to finally say that I
honorably served as a proud member in the U.S. Air Force.
FD2003-00102

ATCH
None.

LIAPRO3/ia
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 314TH AIRLIFT WING (AETC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

 

1 MAY 2002
MEMORANDUM FOR AMN @

 

FROM: 314 MXS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force [AW AFPD 36-32 and
AFI 36-3208, paragraph 5.50.2, A Pattern of Misconduct, Conduct Prejudicial to Good Order
and Discipline. If my recommendation for discharge is approved, the separation authority may
characterize your service as either Honorable or Under Honorable Conditions (General). I will
recommend characterizing your service as Under Honorable Conditions (General).

2. My reasons for this action are:

a. On or about 2 April 2002, you were disrespectful in language toward two NCOs,
conducted yourself in a manner that brought discredit upon the armed forces, and you threatened
an airman with bodily harm. For your actions, you received Nonjudicial Punishment under

Article 15, UCM, (Atch 1-1).

b. On or about 27 October 2001, you resisted apprehension by a Sherwood police officer and
you threatened to injure three Sherwood police officers and another active duty military member.
For your actions, you received Vacation of Suspended Nonjudicial Punishment under Article 15,

UCMI, (Atch 1-2).

¢. On or about 16 June 2001, you ran from an armed forces policeman, a person authorized
to apprehend you. For your actions, you received Nonjudicial Punishment under Article 15,

UCM, (Atch 1-3).

d. On or about 18 August 2000, you were stopped, booked, and incarcerated in the Ventura
County jail, California, for a traffic violation and you neglected to inform your chain of
command of your status. For your actions, you received a Letter of Counseling (LOC),

(Atch 1-4).

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 higher authority
will decide whether you will be discharged or retained in the Air Force and, if discharged, how
0 PP HePRS— o)
fe OYE

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 has been obtained to assist you.
Thave made an appointment for you to consult Capt SIRI, Area Defense Counsel, Bldg
1255, Rm 201, Telephone 7-3260 on 3 May 2002 at 1000 hours. You may consult civilian
counsel at your own expense.

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 or (72) hours unless you
request and receive an extension for good cause shown. I will forward any statements you
submit to the separation authority.

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

7. You have been scheduled for a medical examination. You must report to Little Rock AFB
Clinic at 0730 hours on 3 May 2002 for the examination.

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 the Orderly Room.

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

 

 
 
 
  
   

Attachments:

1-1 Article 15, 5 Apr 02
MFR (A1C 4, 2 Apr 02
MER (SrA ip, not dated
MER (SSgtiy, 2 Apr 02
MER (SSgt iii), 2 Apr 02
MFR (MSgt®iiie), 2 Apr 02
MER (SMS¢et aR, 2 Apr 02

1-2 Vacation, 8 Jan 02
SFS Blotter, not dated

Sherwood Police Arrest Report, 28 Oct 01
‘1-3 Article 15, 9 Jul 01

Member’s Response, 16 Jul 01

MFR (CMSet f), 21 Jun 01
1-4 LOC, 21 Aug 00