AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
AB ne
PERSONAL APPEARANCE X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
Upgrade Discharge
j.
Deny
Deny
INDEX NUMBER . ‘
ORDER APPOINTING THE BOARD
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HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
12 Aug 2003 FD-2003-00256 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
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
iA rw) a E OK BOARD PRESIWEN
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SAF/MRBR : SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER
ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL
RATIONALE FD-2003-00256
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 substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE: Applicant does not contest his discharge; he merely states that his General discharge has had
an adverse affect on his job prospects. He also states that the altercation between he and his fiancé was
not intended and escalated out of control. The records indicated the applicant received an Article 15 for
assault and for breaking a “no contact” order. Additionally, he received two Letters of Reprimand and
two Letters of Counseling for failure to obey a lawful order, financial irresponsibility, missing
appointments, and for missing a mandatory formation. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative behavior. 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.
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
FD2003-00256
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
IeGN07"=@": (Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 3 Apr 98 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline) .
Appeals for Honorable Disch.
2. BACKGROUND: -
a. DOB: 4 Oct 77. Enlmt Age: 18 1/12. Disch Age: 20 5/12. Educ: HS DIPL.
AFQT: N/A. A-18, E-55, G-50, M-23. PAFSC: 4N031 - Medical Service Apprentice.
DAS: 7 Jun 96.
b. Prior Sv: (1) AFRes 14 Nov 95 -~ 2 Jan 96 (1 month 20 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 3 Jan 96 for 4 yrs. Svd: 2 Yrs 3 Mo 1 Das, all AMS.
b. Grade Status: AB - 20 Nov 97 (Article 15, 20 Nov 97)
Alc - 3 May 97
AMN - (EPR Indicates): 3 Jan 96-2 Sep 97
c. Time Lost: None.
d. Art 15's: (1) 20 Nov 97, Lackland AFB, TX ~ Article 92. You, having
knowledge of a lawful order issued by Captain
to have no contact whatsoever with A1C
an order which it was your duty to obey, did,
in or near San Antonio, Texas, on or about 31 Oct 97,
fail to obey the same by personally contacting her at
her off-base residence. Article 128. You did, on or
about 28 Oct 97, unlawfully strike Alc @@
several times in the face with your hand. In addition
you fractured her rib. Reduction to AB. (Appeal/Denied)
(No mitigation)
e. Additional: LOR, 14 JAN 98 ~ Failure to obey a lawful order.
. LOR, 03 JUL 97 - Financial irresponsibility.
RIC, 22 APR 97 - Missed appointment.
RIC, 04 FEB 97 - Missed mandatory formation. :
Traffic Ticket, 01 JUL 96 - Failure to stop, and no proof
of insurance.
£. CM: None.
g. Record of SV: 3 Jan 96 ~ 2 Sep 97 Lackland AFB 4 (Initial)
FD2003-00256
(Discharged from Lackland AFB)
h. Awards & Decs: AFTR, AFOUA.
i. Stmt of Sv: TMS: (2) Yrs (4) Mos (21) Das
TAMS: (2) Yrs (3) Mos (1) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 22 May 03.
(Change Discharge to Honorable)
Issue 1: At this time in my career my general discharge has an adverse
affect on my job prospects. I want to apply to the U.S. Postal Service or the
Fire Department, however my DD Form 214 does not reflect Honorable in the
character of discharge.
Issue 2: The altercation between myself and my fiance was not intended and
escalated out of control. My own concern at the time was preventing further
injury to myself that is the reason I restrained her. I did not intend to
injury her in any way that was an accident. Apparently, the incident between
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