AIR FORCE DISCHARGE REVIEW BOARD HEARING REuw._

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ; GRADE AFSN/SSAN

aeons AB nie

PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION TADORESS AND OR GRGANIZATION OF COUNSEL

 

 
  
  

 

 

 

“VOTE OF THE BOARD

MEMBERS SITTING oN GEN vorac Sree “DENY

 

 

 

 

 

 

 

 

 

      

   
     
 
 
  
   

ISSUES

A94.05

INDEX NUMBER

A68.00

: EXHIBITS SUBMITTED 10: THE BOARD
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

      
   
  
 
 
 
  

 

WEARING DATE

6 AUG 03

CASE NUMBER

¥D2003-0239

  

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
»AYTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

  

  

: APPLICANT/S:ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED.ON

 

 

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 SIGNATURE QE BOARD PRESIDEN

DATE: 6.

    

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3"? FLOOR
ANDREWS APB, MD 20762-7002

Previous edition will

 

   

AFHQ FORM 0-2077, JAN 00 (EF-V2)
~ CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0239

GENERAL: The applicant appeals for upgrade of discharge to General.

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 provides a sufficient basis
in clemency for a change of discharge.

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable.
The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting
from a Special Court-Martial conviction. Under the provisions of Section 1553, 10 USC, the only basis for
change of a Bad Conduct discharge is clemency. The Applicant presented evidence, which the DRB
opined, did not warrant granting clemency.

CONCLUSIONS: The Discharge Review Board concluded that the applicant’s punitive discharge by
Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient
basis, as an act of clemency, for change of discharge.

Attachment:
Examiner's Brief
FD2003-00239

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 27 Sep 89 UP Special
Court Martial Order No.8 (Conviction by Court Martial). Appeals for General

Disch.

2. BACKGROUND:

a. DOB: 8 Jul 67. Enlmt Age: 17 1/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOT: N/A. A-Unknown, E-Unknown, G-Unknown, M-Unknown. PAFSC: 55130 -
Apprentice Pavements Maintenance Specialist. DAS: (APR Indicates): 18 Jul 86-05

Apr 86.

b. Prior Sv: (1) AFRes 24 Aug 84 - 17 Jul 85 (10 months 24
days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 18 Jul 85 for 4 yrs. Extended 4 Sep 87 for 7 months.
Svd: 4 Yrs 2 Mo 9 Das, of which AMS is 3 yrs 11 months 1 day (excludes 3 months 9

days lost time).

b. Grade Status: AB - 5 Aug 88 (Article 15, 5 Aug 88)
Aic - 18 Nov 86
AMN - 18 Jan 86

c. Time Lost: 4 Oct 88 thru 13 Jan 89 (3 months 9 days).

d. Art 15‘s: (1) 5 Aug 88, Clark AB, Philippines - Article 111 & 134.
In that you, did at Angeles City, Republic of the
Philippines, on or about 23 Jul 88, on Real Street,
operate a vehicle, to wit: a passenger car, while drunk.
Further investigation reveals that you, the driver of a
vehicle at the time of an accident in which said vehicle
was involved, and having knowledge of said accident,
did, on or about 23 Jul 88, wrongfully leave the scene
of the accident without making your identity known.
Reduction to AB, 45 days restriction, and 45 days extra
duty. (Appeal/Denied) (No mitigation)

(2) 1 Apr 88, Clark AB, Philippines - Article 128. In that
you did, at Angeles City, Republic of the Philippines,
on or about 22 Mar 88, unlawfully strike your wife,

“engiiaipen, > banging the back of her head,
punching and kicking her on various parts of her body
with your fist and feet. Suspended reduction to Amn,
forfeiture of $200.00 pay per month for two months, and |
iv

FD2003-00239

30 days correctional custody. (No appeal) (No
mitigation)

e. Additional: None.
£. CM: Special Court Martial Order No.8 - 22 Nov 88
CHARGE: Article 111. Plea: Guilty. Finding: Guilty.

Specification 1: Did, at Angeles City, Republic of the
Philippines, on or about 10 Aug 88, on the MacArthur Extension,
Constantine Street, Fields Avenue, and roadways adjacent thereto
operate a vehicle, to wit: a Chevrolet Nova, while drunk.

Plea: Guilty. Finding: Guilty.

Specification 2: Did, at Angeles City, Republic of the
Philippines, on or about 10 Aug 88, on Fields Avenue and roadways
adjacent thereto operate a vehicle, to wit: a Chevrolet Nova, in
a reckless manner by failing to yield or stop for oncoming traffic
at the intersection of Constantine Street and Fields Avenue
thereby causing other vehicles to take evasive action and did,
thereafter, drive at a rate of speed which eventually resulted in
loss of control of the vehicle and its impact with a telephone
pole and a cement wall. Plea: Guilty. Finding: Guilty.

Sentence adjudged on 4 Oct 88: Four months confinement and to be
discharged from.the service with a bad conduct discharge.

gq. Record of SV: 18 Jul 86 - 05 Apr 86 Clark AFB 9 = (CRO)
O06 Apr 86 - 05 Apr 87 Clark AFB 8 (Annual)
06 Apr 87 - 16 Dec 87 Clark AFB 7 (CRO)
17 Dec 87 - 16 Dec 88 Clark AFB 4 (Annual)

(Discharged from Scott AFB)
h. Awards & Decs: AFOUA, APOSLTR, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (9) Mos (25) Das
TAMS: (3) Yrs (11) Mos (1) Das

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

Issue 1: The main reason I want to have my discharge changed is that I am
trying to obtain my eligibility for a VA home loan. I cannot get one because of
my currant (sic) discharge. If I can change my discharge to a General, then I
will be able to receive my certificate.

Also, it has been well over 13 years since I was discharged. Back then I hada
few personal issues that had interfeared with my duty obligations. But I have
movied on and improved my life, part of which I remarried and started a family.
Thus adding to my main reason of trying to obtain my certificate of eligibility.
I hope you take this into consideration and approve my request for a General
FD2003-00239
Discharge.

ATCH
None.

18JUN03/ia
Fp 2003-9OR3 7

   

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APO SAN FRANCISCO 962745000

  
 

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CHARGE: Article 111, Plea:

a 5 ae i ji
Specification Le. Did, at Angeles Citys
about 10 August /1988,-on the MacArthurg extension:
Avenue, and dente adjacent thereto ‘Operate : a

 
  

  
 
  
 
   
 
  
 
 

 

the Philippines, on or
onsatantine SEreet, Fields
dele, to wit}.a Chevrolet

   
   
   

 
  

fehe Philippines, on or
adjacent théreto operate a
fatiner by failing to yield

3 Constantine ‘Street and
-Flelds Avenue thereby causing othe vehicles to’fake evasive action and did,
thereafter, drive at a tate of speed which eventiladly resulted in loss of
control of the vehicle and its impact with a teléphone pole and a cement wall.
Plea: G. . Finding: G. i

specstientt fon ’ ye are ty; R
about 10 August 1988," ‘on Fields Avenue and roads

   

   
 
      
  

SENTENCE

 
 

     

  
 
 

idjud i on 4.0%
: from:

   

 

       

SFCKO NO. 8.
Dae eo Teva /

In the*case “Of AIRMAN BAS 1 CopepegiReaiailll emqeadian:, United States:

Air Force, 3rd Civil Engineering. "squadron, thdi reentence is approved and, except
for the bad: conduct discharge, will be executéd. The 3rd Tactical Fighter Wing
Consolidated {Detention Facility” ‘Clark Air Baie, Republic of che Philippines is
designated as the place of confinement.

ge Advocate

pistRinitto