AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AFSN/SSAN

  
 
  

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

    
  

"PERSONAL APPEARANCE X RECORD REVIEW

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

 

MEMBERS SITTING

 

  

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER oe EXHIIIS SUBMITIED TO THE BOARD
A94.05 A67.50 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

HEARING DATE CASE NUMBER
7 AUG 03 FD2003-0186

TAPE RECORDING OF PERSONAL APPERANCE HEARING
CE DISCHARGE REVIEW BOARD DECISIONAL RAT DINALE, 60 Regs

 

{| dele} sf

  

3

 

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

 

 

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 | 5593.01 86

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 believes his discharge was inequitable because he was acquitted on charges during a
Court Martial. This issue is without merit. The applicant was not discharged due to the Court Martial; he
was discharged due to the conviction in civil court for attempted assault and battery. The record indicates
the applicant received two Article 15s, one for failure to obey a lawful order to pull over for a random entry
point inspection and the other one for being derelict in the performance of his duties and, with intent to
deceive, sign an official statement that was false. Additionally, he received two Letters of Reprimand for
failure to go; three Letters of Counseling for financial irresponsibility and for failing to properly register his
vehicle; and a judgment of sentence for the conviction in civil court for the attempted assault and battery.
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 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
FD2003-00186
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a (Former SGT) (HGH Scr)

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 3 Dec 91 UP AFR 39-10,
para 5-47a (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 8 Feb 67. Enlmt Age: 19 1/12. Disch Age: 24 9/12. Educ: HS DIPL.
AFQT: N/A. A-74, E-49, G-46, M-25. PAFSC: 81150 - Security Police Specialist.
DAS: 7 Nov 89.

b. Prior Sv: (1) AFRes 4 Apr 86 - 14 Oct 86 (6 months 11 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted.as AB 15 Oct 86 for 6 yrs. Svd: 5 Yrs 1 Mo 19 Das, all AMS.

b. Grade Status: SGT - 28 Mar 91 (Reappointment)
SRA - 20 Jul 90 (Vacation of NCO Status)
SGT - 29 Mar 89
SRA - 29 Mar 89
A1lC - (EPR Indicates): 15 Oct 86 - 14 Oct 87

c. Time Lost: None.

d. Art 15’s: (1) 19 Jul 90, Wurtsmith AFB, MI - Article 92. You, who
knew of your duties at Sikeston, Missouri, on or about 4
Jun 90, were derelict in the performance of those duties
in that you willfully failed, after your car broke down,
to take the next available flight to San Antonio, Texas,
as it was your duty to do. Article 107. You did, on or
about 20 Jun 90, with intent to deceive, sign an
official statement, to wit: DD Form 1351-2, Travel
Voucher, which statement, was false in that you stated
on the form that you had departed Wurtsmith AFB, MI on 1
Jun 90, and was then known by you to be so false.
Suspended reduction to A1lC, forfeiture of $200.00 pay
per month for 2 months, and 30 days extra duty.

(No appeal) (No mitigation)

(2) 15 Sep 87, Ellsworth AFB, SD - Article 92. Preliminary
investigation has disclosed that you, having knowledge
of a lawful order issued by ARMM}, Main cate
Guard, to pull over for a random entry point inspection,
an order which it was your duty to obey, did, on or
about 3 Sep 87, fail to obey the same. Suspended
FD2003-00186

reduction to A1C, and 45 days extra duty. (No appeal)
(No mitigation)

e. Additional: Judgment of Sentence, 24 Sep 91 - Coviction in civil court
for attemped assault and battery.

Delinquent Account Letter, 5 Jun 91 - Financial
Irresponsibility.

LOC, 30 Apr 91 - Failing to properly register privately
owned vehicle.

LOC, 16 Feb 91 ~- Financial Irresponsibility.

LOC, 26 Dec 90 - Financial Irresponsibility.

Dishonored Check Notification, 26 Sep 90 - Financial
Irresponsibility.

LOR, 01 Aug 90 - Failure to go.

LOR, 15 Jul 90 - Failure to go.

£f. CM: None.

g- Record of SV: 15 Oct 86 - 14 Oct 87 Ellsworth AFB 9 (Annual)
15 Oct 87 - 20 Jul 88 Ellsworth AFB 9 (CRO)
21 Jul 88 - 20 Jul 89 Kunsan AB 9 (Annual)
21 Jul 89 - 31 Mar 90 Wurtsmith AFB 5 (HAF Dir)
01 Apr 90 - 31 Mar 91 Wurtsmith AFB 3 = (Annual)

(Discharged from Wurtsmith AFB)
h. Awards & Decs: AFTR, AFLSAR, AFGCM, NCOPMER, NDSM, AFOSSTR.

i. Stmt of Sv: TMS: (5) Yrs (8) Mos (0) Das
TAMS: (5) Yrs (1) Mos (19) Das

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

ISSUES ATTACHED TO BRIEF.

ATCH
None.

27MAY03/ia
B. ISSUES

“= The Board will consider any issue submitted by you prior to closing tha case for deliberation, The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading: your discharge. However, the Board Is not required to respond in
writing to issues of concer to you unless those Issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to Completing this part of the application. If you need more space, submit additional issues on an attachment.

eee eee nee RE Ree ee ee eR Be Be ee ye ee Be Be RA SSeS Bn a es Se, isla ie Se lee SS SS Seite ele

ba believe. Char My Uschneoe. puc$, heguitable

LS _ (¢Co: PRN 6 does IT LS 4 Cael. MARTIAGS 2.222.

EST. SERS Evaro fu 4 LT WS, {PAS 18 Ch. BEST. ALES. OF Fhe

Beet A~el 4 a a .

a — Aka Wy, LAST. BECSEANT. AMO BE

Ao P arth, TBE Per CERT LE ALIAS T CR. OF FET BECING..__

May PHP L Sb. FES HAEIST: HAD, CHEER ES, FUT BIO BF.

Aeon Me Tere bey. ELE |. FO MO, AVAL +. Abu LF fb Rew 7H.

LHANIECR bya aes. ae IKE gor Chou Levi qere bet. THEME SAL SMO

Contler of ~ oF LAF CEE GS Ee ESR el hte? LOWE de. LEO go

GEGER TO fA By CMA AR MI RASA atts 70. bets Ae? ON STAND DIE

Le tourwye. L6S Cicily Yet 7 rn, CROWES ere: A tact. ) CALE

Mictewc. Aetney - 5 as hock LO LEG, BASC LE SIAL SETI EL |

ALO AP TEPID DIOLS TOF fae, Avec ALE. SEES Lo you coll Sake eth Wles

fed, batibr cate Wit Adin lite ey ALS KALMAN ERM Ce. 8 Le

seeael Getta, Utils ee 28 LS, . HE 8G. Geils AWE Cespanst bell Fi

tee AA volirt erg fIICAC KK. AGEL, y. Aeio Gh of epee

UALS IETOCMMISE 4, Meu oben. fo, LETC AE spice pe Ze Soc,
VBA tes, eae CDE Jaden KbteS ent b, LAAT Che i a
AAS PHOCE: OSC. Li. tN” 72, BE gave —f hnge B, fue Og...

ZB VOU GbE bbUAKGTS. , pe CECA. wilh © Oo Use 70 THe

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. “ / 3

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
on (U.S. Goda, Tithe 18, Section 1001, provides that an individual shall be fined under this title Oo knepviscnnad ok. be than 5 years,
or both

[p77 PON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW

UPON COMPLE , MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW

ARMY NAVY & MARINE CORPS COAST GUARD

Army Review Boards Agency Naval C i! of Personnel Board:
Support Division, St, Louls 720 Wenner Strect, ee. . SAF/MIBR Commandant (G-WPM)

oe SPURS SL Rm. 309 (NDRB) 550-C Street West, Suite 40 | 2100 Second Street, 5.W.
St, Lowe’ MO 62132-5200 Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001

(See http://arba.army.pentagon.mil) 20374-5023
DD FORM 293, DEC 2000 a Page 2 of 4 Pages

4

F #

9. CERTIFICATION . 3
toe

4
Ep 2eas -0O/8&

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 379TH WING (SAC)
WURTSMITH AIR FORCE BASE, MICHIGAN 48753-5000

 

neruy 10 | 21 0CT 1991
amor 379 SPS/CL

sumect| Notification Letter

vo: Sgt Cn, ORR, 379 SPS

1. I am recommending your discharge from the United States Air Force for
misconduct - discreditable involvement with military or civil authorities.
The authority for this action is AFR 39-10, paragraph 5-47a. 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 or about 3 Sep &7, you were issued a lawful order to pull your
Privately Owned Vehicle (POV) over for a random vehicle inspection at the main
gate of Ellsworth AFB, SD. You failed to obey the order. As a result of your
actions, on 18 Sep 87, you received Article 15 nonjudicial punishment
consisting of a SuSpended reduction to the grace of Airman Basic.

b. On or about 4 Jun 90, you were derelict in the performance of your
duties in that you failed to report promptly to your Temporary Duty
Assignment, (TDY), in San Antonio, TX, which you knew it was your duty to do.

On or about 20 Jun 90, you submitted a false Travel Voucher, DD-Fm 1351-2,
with knowledge that it was false, with the intent to deceive the United States
Air Force. As a result of these actions you received Article 15 nonjudicial

punishment consisting of forfeiture of $200.00 pay, and suspended reduction to
the grade of Airman First Class. In addition to the nonjudicial punishment,

your Noncommissioned Officer, (NCO), status was vacated on 20 Jul 90, as
evidenced by AF-Fm 418, dated 20 Jul 90.

c. On or about 13 Jul 90, you failed to attend Commander's Call. As a
result of your actions, you received a Letter of Reprimand, (LOR), dated 15
Jul 90.

d. On 26 Jul 90, you failed to attend a scheduled appointment. As a
result of your actions you received a Letter of Reprimand, (LOR), dated 1 Aug
90, which was entered into your existing Unfavorable Information File (UIF).

e. Qn or about 12 Sep 90, you wrote a check to the Wurtsmith Base
Exchange in the amount of $50.00 that was returned for insufficient funds,

which is evidenced by-a Dishonored Check Notification dated 26 Sep 90,

f. On or about 20 Nov 90, you wrote a check in the amount of $125.00 to

the Wurtsmith Base Exchange that was returned for insufficient funds, Which
is evidenced by a Dishonored Check Notification dated 3 Dec 90. As a result

of your actions, you received a Letter of Counseling, (LOC), dated 26 Dec 90.

Peace... .it8 our Profession
Fp 2003 -20/8 &

gy. On or about 7 Feb 91, you were notified that your Noncommissioned
Officer's club account was 60 days overdue, which is evidenced by a Delinquent
Accounts Letter your First Sergeant received dated 7 Feb 91, As a result of
your actions, you received a Letter of Counseling, (LOC), dated 16 Feb 9i.

h. On or about 2 Mar 91, and 18 Apr 91, you were cited for failing to
properly register you Privately Owned Vehicle (POV). As a result of your
actions, you received a Letter of Counseling, (LOC), dated 30 Apr 91.

i. On or about 5 Jun 91, you were notified that your Noncommissioned
Officer's club account was 60 days overdue, which is evidenced by a Delinquent
Accounts Letter your First Sergeant received dated 5 Jun 91.

ue Gn or about 24 Sep 91, in the 81st District Court of Michigan, you
were found guilty of attempted assault and battery. Your sentence consisted
of 1 day in confinement, $75.00 in fines and $120.00 costs, and 183 days of
probation. The actions of the civilian authorities are evidenced by a
Judgement of Sentence dated 24 Sep 91.

3. This action could result in your separation with an under other than
honorable conditions discharge. _I am recommending that you receive an under
than other honorable conditions discharge. The commander exercising Special
Court-Martial Convening Authority will make the final decision in this matter,
If you are discharged you will be ineligible for reenlistment in the Air
Force.

4, You have the right to:
a. Consult legal counsel.
bd. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of,
the board hearing.

e. Waive above rights. You must consult legal counsel before making a
decision to waive any of your rights. ,

9. You have been scheduled for a medical examination. You must report to
379th Strategic Hospital, Bldg 1842, Physical Examination Section, on 18 Oct
91 at 0730 hours, /Part II of your Physical Examination is at 1300 ‘hours on 18
Oct 91.

6. Military legal counse] , i, Bldg 1510, Room 111, Duty Phone 6441,
has been obtained to assist you. An appointment has been scheduled for you to
consult him on 21 Oct 91 at 0900 hours. Instead of the appointed counsel, you
may have another, if the lawyer you request is in the active military service
and is reasonably available as determined according to AFR ill-1. In addition
to military counsel, you have the right to employ civilian counsel. The Air
Force does not pay expenses incident to the employment of civilian counsel.
Civilian counsel, if employed, must be readily available,
Pp 2403 -00/86

7. Confer with your counsel and reply in writing within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who will also sign it. If you waive your right
to a hearing before an administrative discharge board, you may submit written
Statements in your own behalf. 1 will send the statements to the discharge
authority with the case file to be considered with this recommendation. If

you fail to respond, your failure will constitute a waiver of the right to the
board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy
wAct Statement as explained in AFR 39-10, attachment 6. A copy of AFR 39-10 is
available for your use in your Unit Orderly Room.

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

a,

     
     

ee ROE » Lt Col, USAF 14 Atch
Commander, 379 SPS - 1. AF-Fm 3070, 18 Sep 87
2. LOR, 15 Jul 90
3. AF-Fm 3070, 19 Jul 90
4. AF-Fm 418, 20 Jul 90
5. AF-Fm 1058, 1 Aug 90
6. LOR, 1 Aug 90
7. AAFES FM 7200-75, 26 Sep 90
8. AAFES FM 7200-75, 3 Dec 90
LOC, 26 Dec 90
9. Delinquent Account Ltr, 7 Feb
91
10. LOC, 16 Feb 91
11, LOC, 30 Apr 91
12. Delinquent Account Ltr, 5 Jun
91
i3. Judgment of Sentence, 24 Sep
91
14. Amn's Acknowledgment.