ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN _

AB sh.

GRADE

 

 

 

 

 

TYPE

| PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL.” NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No

 

MEMBERS SITTING

VOTE OF THE BOARD

 

HON GEN UOTHCE OTHER DENY

 

 

 

 

 

 

 

mi | | OK

 

 

 

 

 

   

INDEX NUMBER

A67.90

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

     

HEARING DATE

18 Jul 03

CASE NUMBER

FD2003-00236

 

bel te) BS]

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL. EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

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.

submit an application to the AFBCMR.,

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

SIGNATURE DF RECORDER

 

 

OF BOARD PRESID

 

 

DATE: 18 JUL 03

 

 

 

 

INDORSEMENT
TO: 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 FD2003-00236

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 the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

Issue. The applicant states that his discharge was based on one incident in what were 35 months of
otherwise exemplary service. The DRB agreed that the applicant’s discharge was based on a single series
of incidents of misconduct; however, the Board found that the seriousness of that misconduct; 1.e., adultery
and disobeying an order, outweighs the applicant’s otherwise satisfactory service. The Board concluded the
misconduct was a significant departure from conduct expected of all military members.

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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00236
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_——e. (Former AB) (HGH AIC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 15 May 95 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 2 Apr 72. Enlmt Age: 19 11/12. Disch Age: 23 1/12. Educ: HS DIPh.
AFQT: N/A. A-87, E-58, G-64, M-55. PAFSC: 38031 - Personnel Apprentice.
DAS: 26 Aug 92,

b. Prior Sv: (1) AFRes 9 Mar 92 - 19 May 92 (2 months 11 days) (Inactive).

3. SERVICE UNDER REVIEW: 7

a. Enlisted as AMN 20 May 92 for 4 yrs. Svd: 2 Yrs 11 Mo 26 Das, all AMS.

b. Grade Status: AB - 04 May 95 (Article 15, 04 May 95)
AlC - 20 Mar 93

c. Time Lost: None.

d. Art 15's: (1) 04 May 95, Dyess AFB, TX - Article 92. You, having
knowledge of a lawful order issued by LtCol §
mh. to wit: to disassociate with Mrs. a vues sic
an order which it was your duty to obey, did, at or near
Biloxi, Mississippi, on or about 17 Apr 95, fail to obey
the same by wrongfully associating with Mrs. ge
“im. Article 107. You did, on or about 27 Apr 95,
with intent to deceive, make to 1Lt Sym eer
an official statement, to wit: Mrs. ehdid not
arrive in Biloxi, Mississippi until 2% Apr 95, which
statement was false in that Mrs. _ Weeeee arrived 17
Apr 95, and was then known by you to be so false.
Reduction to AB. (No appeal) (No mitigation)

   
 
 

  
   
 

(2) 11 Apr 95, Dyess AFB, TX - Article 134. You, did, on
ox about 4 Mar 95 through on or about 31 Mar 95,
wrongfully have sexual intercourse with Qqg@GiIMR a
married woman not your wife. Suspended réduction to
Airman, forfeiture of $100.00 pay per month for 2
months. (No appeal) (No mitigation)

e. Additional: None.

f. CM: None.
FD2003-00236

g. Record of SV: 20 May 92 - 19 Jan 94 Dyess AFB 4 £4(Initial)
20 Jan 94 - 19 Jan 95 Dyess AFB 4 (Annual)

(Discharged from Dyess AFB)
h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (7) Das
TAMS: (2) Yrs (11) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 13 May 03.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one
occurrence that was made on bad judgement of(sic) my behalf when I was a young
adult of 22 years old. Other than this incident I completed 36 months of
service with no adverse action at all. I performed Honor Guard duties for Dyess
AFB, TX and the surrounding communities.

Issue 2: I please ask the board to consider my request, so that, I may have
my discharge upgraded to honorable. This would help my in my (sic) desire for
city employment with the City of Biloxi, MS (Fire Department). Thank you for
your consideration of this application.

ATCH
None.

19JUN03/ia
- - : ~ FR2005 - 73 Ze
\ . - * ?
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 7TH BUPPORT GROUP (ACC)
DYESS AIR FORCE BASE, TEXAS

 

MEMORANDUM FOR ABQISGIMNID, S0MRGbIIOn, 08 MAY 1995

SUBJECT: Letter of Notification

1. I am recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI
36-3208, paragraph 5.49, dated 14 Oct 94. If my recommendation is approved,
your service will be characterized as Honorable or General. I am recommending
that your service be characterized as General (Under Honorable Conditions).

-2. My reasons for this action are:

a. You did, on 17 Apr 95, fail to obey a lawful order issued by Lt Qaye
MMe to disassociate with Mrs QRRRRRMMM an order which it was your duty to
obey, as evidenced by AF Form 3070 dated 4 May 95.

statement to LL gpa saying that Mrs did not arrive in
Biloxi, Mississippi, until 27 Apr 95, which satement was false in that i
 accived 17 Apr 95, and was then known by you to be false, as evid

AF Form 3070 dated 4 May 95.

b. You did, on 27 Apr 95, with intent to anid make a false official

c. You did, on 4 Mar 95 through 31 Mar 95, wrongfully have sexual
intercourse with Mrs qq) a married woman, not you wife, as evidenced
by AF Form 3070 dated 11 Apr 95.

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 consult counsel. Military legal counsel has been
obtained to assist you. I have made an appointment for you to consult Capt
Area Defense Counsel, on 9 May 95 at 1530 hours. You may consult

civilian counsel 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 11 May 95, 0800
hours, unless you request and receive an extension for good cause shown. I will

send them to the separation authority.

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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.

6. You have been scheduled for a medical examination on 8 Apr 95, at 1400
hours, at the 7th Medical Group Hospital, Physical Exams Section.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act of 1974. A copy of AFPD 36-32 and AFI 36-3208 is available for your use in

the orderly roon.
8. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:
1. Airman's Receipt of
Letter of Notification
2. AF Form 3070 dated 4 May 95
3 SPOI Case #95-04-058 dated 2 May 95

4. AF Form 3070 dated 11 Apr 95