AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 
  

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

TYPE

GEN PERSONAL APPEARANCE X RECORD REVIEW

    

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBERS SITTING

 

 

 
 

 

 

 

 

 

   

ISSUES INDEX NUMBER

A92.21, A92.35, A93.01 A67.10 1

  

 

2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

4 JUN 03 FD2003-00109 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

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 RE:

 

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. | gp9003-00109

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

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, change of reason and authority for discharge, and change of
reenlistment code 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.

Issues. Applicant was discharged for minor disciplinary infractions. Member received an Article 15, two
Letters of Reprimand, and a Letter of Admonishment, His misconduct included financial irresponsibility,
disclosing classified information, violating female dormitory visitation rules, and assaulting a female
military member. At the time of the discharge, member consulted counsel and submitted a statement in his
own behalf requesting retention, or in the alternative, an opportunity for probation and rehabilitation.
Member’s commander weighed heavily member’s request but had “little confidence” member would be
able to “maintain overall military standards for an extended period of time.” After each instance in which
member assured his commander no further incidents would occur, the misconduct continued.
Consequently, his commander felt he had not shown the “desire to modify his behavior” when given the
chance. The Board noted member was age 20 - 21 when his misconduct occurred, essentially the same age
as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence
he did not know right from wrong. His misconduct was disruptive, and its seriousness outweighed his
otherwise satisfactory service. The Board did not find sufficient mitigation to warrant an upgrade, and no

inequity or impropriety was found in this discharge in the course of the records review. Therefore, the
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 to service
in the Navy. While the Board commends applicant on this desire, and is sympathetic to the impact a

General discharge has on his reenlistment code, 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
FD2003-00109
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH Al1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 26 Oct 99 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, and Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 18 May 78. Enlmt Age: 18 3/12. Disch Age: 21 5/12. Educ: HS DIPL.
AFOT: N/A. A-65, E-67, G-66, M-53. PAFSC: 3H131 - Heating, Air Conditioning,
Ventilation and Refrigeration Apprentice. DAS: 10 Jul 97,

b. Prior Sv: (1) AFRes 27 Aug 96 - 26 Dec 96 (4 Months) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 26 Dec 96 for 4 yrs. Svd: 2 Yrs 10 Mos 1 Das, all AMS.

b. Grade Status: AB - 10 Sep 99 (Article 15, 10 Sep 99)
A1lC - 26 Apr 98
AMN ~ 26 Jun’ 97

c. Time Lost: None.

d. Art 15’s: (1) 10 Sep 99, Hurlburt Field, FL - Article 128. You did,
on or about 12 Aug 99, unlawfully; grab the face of

ReEn. head butt her and push her

against the wall; punch her in the ribs, push and hold
her on the bed against her will, twist her wrists and
crush her fingers and hit and spit in her face.
Reduction to AB. (No appeal) (No mitigation)

e. Additional: LOR, 23 JUN 99 - Entered into female's dorm room without
permission.
LOA, UNDATED - Failure to obey a lawful order by
disclosing classified information.

LOR, 06 NOV 98 - Financial irresponsibility.
£. CM: None.

g. Record of SV: 26 Dec 96 - 7 Oct 98 Hurlburt Field 4 (Initial)
08 Oct 98 - 7 Oct 99 Hurlburt Field 2 (Annual) REF

(Discharged from Hurlburt Field)

h. Awards & Decs: AFTR, AFEM.
FD2003-00109

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (0) Das
TAMS: (2) Yrs (10) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 10 Mar 03.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and

Authority)

Issues: While I was in the U.S. Air Force, I made some mistakes that I
think were minor in nature, but they added up. I was young and ignorant and
made unwise decisions. I ama little older now and realize more clearly why
military doesn't need soldiers like that. I have cleaned up my "act". I am
remarried with a two-month old daughter. For the past 21 months I have been
serving proudly in the Army National Guard, serving the state of CA and TX.

am requesting an upgrade in discharge so I can enter the US Navy active duty.

have always wanted to serve my country, and I would love the opportunity to
serve full-time again. If the discharge is upgraded, the nation will not be

the

rT

disappointed, I thank you for your time and please consider an upgrade. Thank

you.

ATCH
1. DD Form 214,

17Apro03/er
F02.002- 60) Of

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 16th SPECIAL OPERATIONS WING (AFSOC)

 

SEP 3 0 1999

MEMORANDUM FOR Weems 16 CES

 

FROM: 16 CES/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct, more
specifically, for Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, section H, paragraph 5.49. If my recommendation for discharge is approved, your
service will be characterized as honorable or general. [ am recommending your service be
characterized as general.

2. My reasons for this action are based on the following:

a. On or about 8 Nov 98, you failed to make payments on several outstanding bills and you
uttered a series of worthless checks, for which you received a Letter of Reprimand (LOR), dated
6 Nov 98 and the establishment of an Unfavorable Information File (UIF).

b. On 6 Dec 98, while on a Joint Readiness Exercise, you disclosed classified information
during a telephone conversation with your girlfriend, for which you received a Letter of
Admonishment (LOA), which was filed in your Unfavorable Information File (UIF).

c. On 12 Jun 99, you entered a female’s dormitory room on two occasions without her
permission, for which you received a Letter of Reprimand (LOR), dated 23 Jun 99.

d, On 12 Aug 99, you unlawfully assaulted and battered a female military member, for which
you received an Article 15, dated 13 Sep 99, which was filed in your Unfavorable Information
File (UIF).

. 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. If you are
discharged, you will be ineligible for reenlistment in the Air Force.

4, You have the right to consult counsel. Military Jegal counsel has been obtained to assist you.
I have made an appointment for you to consult the Area Defense Counsel, Hurlburt Field, FL,

Bldg 90042, 884-5216/5217, on 20 Sept _ 99 at 13OO hours. You may consult civilian
counsel at your own expense.

Any Time... Any Place
FD 2007-606; oF?

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 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 in your own behalf, your failure will
constitute a waiver of your right to do so.

_7. You are scheduled for a medical examination and you should report to the Hurlburt Clinic at

C&30_brson | Oct FF for the examination.

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

 

Attachments:

Documents Supporting Basis for Discharge

LOR, dtd 6 Nov 98

AF Form 1137

LOA, not dtd —

AF Form 1058, dtd 4 Jan 99 .
LOR, dtd 23 Jun 99

AF Form 3070, dtd 13 Sep 99

Airman’s receipt of notification memorandum

NAMP ey