I  AFSNISSAN 

I  A l C  

. - . - . . . 

1  ORDER APPOINTING THE BOARD 
2 
3 
4 

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 

TAPE RECORDMG OF PERSONAL APPERANCE 

HEARlNG  DATE 

1  16 Dec 2003 

CASE NUMBER 

I  FD-2003-00253 

1 

1 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witWwithout counsel, and the right to 
submit an application to the AFBCMR. 

I TO: 

/ "  

SAFIMRBR  (( 

I 

550 C STREET W  ST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I  FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REIlEW BOARD 
IS35 COMMAND D R  EE WING. 3RD FIBOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

/ 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00253 

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

& 

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 is denied. 

The Board finds that neither the evidence of record nor that provided by the applicant provides a sufficient 
basis in clemency for a change of discharge. 

Issue.  The applicant did not receive an administrative discharge.  He received a Bad Conduct Discharge, a 
punitive  discharge, as part of his  sentence resulting from a  Special Court Martial conviction.  Under the 
provisions  of Title  10, U.S.C.,  Section  1553, the  only basis  for  change of a  Bad  Conduct Discharge, is 
clemency.  The applicant submitted insufficient evidence to warrant clemency and none was evident in the 
record. 

If he can provide additional documented information to substantiate justification for clemency, the applicant 
should consider exercising his right to make a personal appearance before the Board.  If he should choose to 
exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB 
with factual evidence of any exemplary post-service accomplishments as well as any contributions to the 
community. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes that  the  applicant's  punitive  discharge  by 
Special  Court  Martial  was  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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

MISSING DOCUMENTS AND MEDICAL RECORDS 

(Former A1C)  (HGH TSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr USAF 17 Sep 96 UP Special 
Court Martial Order No. 3 (Conviction by Court Martial).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 21 Apr 57.  Enlmt Age: 17 8/12.  Disch Age: 39 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-25,  E-30,  G-55,  M-70. PAFSC: 2T151 -  Vehicle Operations 
Journeyman. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 14 Jan 75 -  12 Feb 75  (29 Days) (~nactive). 

(2) Enld as AB  13 Feb 75 for 4 yrs.  Ext: 4 Aug 78 for 22 

months.  Reenld as SSgt 24 Aug 79 for 4 yrs.  Reenld as SSgt 9 Feb 83 for 6 yrs. 
Svd:  12 Yrs  4 Mos  19 Das.  AMN -  Unknown.  A1C -  13 Feb 76.  SrA -  1 Nov 77. 
Sgt -  1 Nov 78.  SSgt 1 Feb 81.  TSgt -  Unknown.  EPRs:  Unknown. 

ART 15:  (1) 20 Sep 83, March AFB, CA -  Article 91.  Preliminary 

investigation has disclosed that you, on or about 
12 Sep 83, were disrespectful in language towards TSgt 

your superior NCO, who was then in the 

orce Security Police duties, by saying 

to him, "quit fucking with me and just leave me alone" or 
words to that effect.  Article 134.  Further 
investigation has disclosed that you, on or about 12 Sep 
83, were disorderly in station.  Article 92.  Further 
investisation has disclosed that you, havins knowledge of 
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a person 
a lawfui order issued by Sgt 
then having and in the execution of Alr Force Security 
Police duties, to halt, an order which it was your duty 
to obey, on or about 12 Sep 83, fail to obey the same. 
Forfeiture of $100.00. 

- 

3.  SERVICE UNDER REVIEW: 

a.  Reenld as TSgt 2 Jul 87 for 6 yrs.  Ext: 28 Apr 93 for 20 months. Svd: 

9 Yrs 2 Mo 16 Das, of which AMS is  9  Yrs  2  Mos  12  Das  (Ex: 4 Das lost 
time) . 

b.  Grade Status:  A1C -  22 Dec 93  (SPCMO No. 3, 6 Sep 96) 

c.  Time Lost:  30 Jan 92 -  2 Feb 92 (4 days) 

d.  Art 15's:  (1) 7 Jun 93, Robins AFB, GA -  Article 86.  You did, on 

divers occasions, between on or about 17 May 93 and on 
or about 19 May 93, without authority, fail to go at the 
time prescribed, to your appointed place of duty. 
Suspended reduction to SSgt, forfeiture of $150.00 pay 
per month for two months, and 45 days extra duty. 
(No appeal) (No mitigation) 

(2) 13 Feb 92, Robins AFB, GA -  Article 86.  You did, on or 
about 30 Jan 92, without authority, absent yourself from 
your unit, and did remain so absent until 2 Feb 92. 
Suspended reduction to SSgt, and 45 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  Special Court Martial Order No. 2, 22 December 1993. 

CHARGE:  Article 112a.  Plea: Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Robins Air Force Base, Georgia, on 
divers occasions between on or about 1 May 1993 and on or about 18 
Aug 93, wrongfully use cocaine.  Sentence adjudged on 8 Oct 93: 
Reduction to the grade of AlC, forfeiture of $721.00 pay per month 
for 1 month, 6 months confinement, and a bad conduct discharge. 

g.  Record of SV: Unknown. 

(Discharged from Robins AFB) 

h.  Awards &  Decs:  AFTR, AFOLTR W/~DEV, NDSM, AFLSA W/4DEV, NCOPMER 

W/lDEV, SAEMR, AFOUA W/3DEV, AFGCM W/6DEV 

i.  Stmt of Sv:  TMS:  (21) Yrs (8) Mos  (0) Das 
TAMS:  (21) Yrs  (7) Mos  (1) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 May 03. 

(Change Discharge to Honorable) 

Issue 1:  Personal problems impaired my ability to serve. (addressed in my 

statement attached) 

Issue 2:  My average conduct and efficiency ratings/behavior and proficiency 

marks were very good. 

Issue 3:  I faced racial discrimination and that impaired by ability to 

serve. 

Issue 4:  My use of drugs impaired my ability to serve. 

Issue 5:  My use of alcohol impaired my ability to serve. 

Issue 6:  The punishment I got at disharge was too harsh--it was much worse 

thanhost people got for the same offense. 

Issue 7:  Certain other problems impaired my ability to serve. 

ATCH 
1. Applicant's Statement. 

11 Aug 03/cr