AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB Ee
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
», «

 

 

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY
x
xX
I OSOtOM x
as x
bY x
ISSUES INDEX NUMBER " EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
=i. JUL 03 FD2003-0159 COUNSEL’S RELEASE TO THE BOARD ~|
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPER ANCE 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

DATE: 31. JUL 03

 

 

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 FD03-0159

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated the applicant had
received four Article 15s. The first one for being disorderly and for willfully and wrongfully damaging two
shirts by putting shoe polish on them; the second one for being present in a dorm area designated for the
opposite sex without the prior approval of a staff member; the third one for disobeying a direct order; and
the fourth one for using a racial slur toward a SSet. Additionally, he received a Vacation action for a
previous action under the UCMJ for a racial slur. The Board concluded the disciplinary infractions were a
significant departure from the conduct expected of all military members. The Board found no evidence of
impropriety or inequity in this case on which to base an upgrade of 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
(4)

(5)

FD2003-00159

(No mitigation)

26 Oct 87, Lowry AFB, CO - Article 92. Preliminary
investigation has disclosed that you, having knowledge
of a lawful order issued by 3405 STUG/CC, to wit:
paragraph 5a, Student Group Regulation 39-1, dated 25
Jul 86, an order which it was your duty to obey, did, on
or about 19 Oct 87, fail to obey the same by wrongfully
being present in a dormitory area designated for the
opposite sex without the prior approval of a staff
member. Forfeiture of $125.00, and a reprimand.

(No appeal) (No mitigation)

13 Aug 87, Lackland AFB, TX - Article 109 & 134. You,
were, on or about 11 Aug 87, disorderly, which conduct
was of a nature to bring discredit upon the Armed
Forces. Further, you, did, on or about 11 Aug 87,
willfully and wrongfully damage two shirts by putting
shoe polish on them, of some value, the amount of said
damage being of some value, the property of AB
Gutierrez. Forfeiture of $304.00. (No appeal) (No
mitigation)

e. Additional: None.

££. CM: None.

g. Record of SV: None.

h. Awards & Decs:

(Discharged from Malmstrom AFB)

AFTR.

i. Stmt of Sv: TMS: (1) Yrs (4) Mos (29) Das
TAMS: (0) Yrs (10) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 Mar 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

13MAY03/ia
-. DEPARTMENT OF THE AIR FOR, omy

 

‘ ¥ “ts,

HEADQUARTERS 3415T COMBAT SUPPORT GROUP (SAC) ? "
x

MALMSTROM AIR FORCE BASE, MONTANA 59402-5000 2 %
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4 E
4 &

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%e, wa

"ene o ore

REPLY TO

armor, 341SVS/CC 15 APR 1988

sumecr: Addendum to Letter of Notification

TO:

 

1. This letter amends Letter of Notification dated 12 Apr 88.

a. Paragraph 2a is changed to read: On 11 Mar 88, you violated a
lawful. general regulation, to wit: paragraph 6-4b(1), Air Force Regula-
tion 30— 2, dated 18 Apr 86, by wrongfully refering to. Staff Sergeant

4 as a nigger. For this you received vacation of suspended
non judicial punishment and an Article 15 on 29 Mar 88.

 
 

b. Paragraph 2b is deleted.

c. Paragraph 2c is changed to read: 2b. On 16 Feb 88, you received
a lawful order from a noncommissioned officer to prepare a meal for a
maintenance team that was arriving. late. You willfully disobeyed this
order. For this you received an Article 15 on 2 Mar 88.

2. Execute the below acknowledgement and return it to me inmediately.

 
    
  

pecommander
” 341st Services Squadron

1st Ind

TO: 341 sSvS/cc

Receipt acknowledged at’ IVS5 n 49 ail 58 I received a
COPY of this addendum.:
REPLY TO
ATTN OF:

SUBJECT:

TO:

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 341ST COMBAT SUPPORT GROUP (SAC)
MALMSTROM AIR FORCE BASE, MONTANA 59402-5000

B41SVS/CC 12 APR t9n0

Letter of Notification

341SVS

 

1. J am recommending your discharge from the United Sates Air Force for a
pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline.
The authority for this action is AFR 39-18, paragraph.5-47b. If my

recommendation is approved, your service will be characaterized as honorable
or general. I am recommending that your service be characterized as general.
2. My reasons for this action are:

a. On 11 Mar 88, you violated a lawful general regulation, to wit:
paragraph 6-4b(1), Air Force Regulation 38-2, dated 18 Apr 86, by

wrongfully refering to Staff Sergeant=h@—iIMMF as a nigger.

“b. On 11 Mar 88, you violated a lawful general regulation, to wit:
paragraph 6~4b(1), Air Force regulation 38-2, dated 18 Apr 86, for wrongfully
refering to Staff Sergeant OOM, as a nigger. For this you received
a vacation of suspended nonjudicial punishment and were reduced from the grade
of Airman First Class to Airman on 29 Mar 88.

c. On 16 Feb 88, you received a lawful order from a noncommissioned
officer to prepare a meal for a maintenance team that was arriving fate. You
willfully disobeyed this order. For this you received an Article 15 on
29 Mar 88.

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

ineligible for reenlistment in the Air Force.

3. You have the right to counsel. Military legal counsel has been
obtained to assist you. ! have made an appointment for yeu te consult

Captain at bidg 1991 on JQ Bn 83 at L400 . You may

consult civilian counse! at your own expense.

4. You have the right to submit statements in your own behalf. Any
Statements you want the separation authority to consider must reach me by

I> Qo, 5S unless you request and receive an extension for good cause

shown, | will send them to the separation authority.
5. 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.

Peace ....is our Profession
6. You have been scheduled for a medical examination. You must report to

Malmstrom AFB Hospital at OFPo on (23 Apr &% for the

examination.

7. Any personal information you furnish in rebuttal is covered by the
Privacy act Statement as explained in AFR 39-18, attachment 6. A copy of
AFR 39-18 Is available for your use at the Squadron Orderly Room.

8. Execute the attached acknowledgement and return it to me inmediately.

  
 

MabiptengP Col, USAF

PF 341st Services Squadron

3 Atch
1. Supporting Documents for the
Reasons for Discharge:
a. Article 15, dated 29 Mar 88
b. vacation of suspended
nonjudicial punishment
dated 29 Mar 88
c. Article 15, dated 2 Mar 88.
2. Documents containing derogatory
information which are not listed in
the Letter of Notification:

a. MSg QR Memo for

Record, Updated

b. SSgt Qi Memo for

Record, Updated
3. Airman’s receipt of Letter of
Notification