NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE TNITIAL) -  GRADE 

PERSONAL APPEARANCE 

TYPE 
"UvsEL 

I 

I 
1  NAME OF COUNSEL AND OR ORGANIZATION 
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YES 

No 

1 

-+ 

I I C  

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I  x 
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AIR FORCE D ~ H A R G E  REVIEW BOARD HEARING RECORD 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

MEMBER SITTING 

- 7 

X 

X 

X 

ISSUES 

A94.05 

INDEX NUMBER 

A67.30 

HEARING DATE 
21 A u ~  2003 

CASE NUMBER 
FD-2003-00269 

t i  

1 
2 
3 
4 

EXHJBITS SUBM!TTED-T$  THE B€&w 

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*" 

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 

TAPE RECORDNG OF PERSONAL APPERANCE 

APPLICANT'S ISSUE AND THE B O W S  DECISIONAI. RATIONAL ARE DISCUSSED ON M E  ATTACflED AIR FORCE DLSCllARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

I 

Case heard at Washington,  D.C. 

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

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS A m ,  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 

FD-2003-00269 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  Honorable,  change  the  Reason  and 
Authority for the discharge, and change the Reenlistment Code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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,  change of reason  and  authority  and  change  of reenlistment code are 
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. 

ISSUES One and Two will be addressed together:  Issues one & two are without merit.  Applicant states 
that  he was  subjected to abuse by  his  wife  and  that  he  was  offered  no  help  from the  first  sergeant.  The 
records  indicate that the  applicant went to Family  Advocacy  almost  50 times  and that  his  spouse was the 
victim of minor physical abuse. 

ISSUE Three:  Applicant states that the reason for his discharge was based on the fact that he assaulted his 
wife  by  grabbing her  by  the  neck.  This is a true  statement.  The military  does not  condone assault.  The 
records  indicated  the  applicant  received  an Article  15 for  violating  a no  contact  order  and  for wrongfully 
communicating a threat  to  injure his  wife.  He  also received  a  Letter  of  Reprimand  for  three  nonmoving 
vehicle  violations  in  one  year,  and  a  Record  of  Individual  Counseling  for  leaving  a  toolbox  unlocked 
overnight. 

ISSUE Four:  Applicant  states that  his commanding officer told him he should have fought the discharge. 
This issue is without merit.  If the commander told the individual that he could have fought the discharge, he 
would  not  have  initiated  the  discharge in  the  first  place.  The record  indicates no  such  conversation took 
place. 

ISSUE  Five:  Applicant  states that  he  would  like to  continue serving his  country.  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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REWIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

1.  MATTER  UNDER REWIEW:  Appl rec'd a GEN Disch fr USAF 12 Apr 02 UP AFI 36- 
3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge 

2.  BACKGROUND: 

a. DOB: 28 Mar 75.  Enlmt Age: 21 4/12.  Disch Age: 27 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-84,  E-79,  G-78,  M-68. PAFSC: 2T331 -  Special Purpose Vehicle and 
Equipment Maintenance Apprentice. DAS: 5 Oct 97. 

b.  Prior Sv: (1) AFRes 27 Aug 96 -  18 Mar 97 (6 months 20 days) (Inactive). 

3.  SERVICE UNDER  REWIEW: 

a.  Enlisted as A m  19 Mar 97 for 4 yrs. Ext: 26 Jan 01 for 6 months.  Ext: 

17 Sep 01 for 6 months. Svd: 5 Yrs 0 Mo 25 Das, all AMS. 

b.  Grade Status:  A1C  -  08 Mar 02  (Article 15, 08 Mar 02) 

SRA -  19 MAR 00 
A1C -  19 JAN 98 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 08 Mar 02, Minot AFB, ND  -  Article 92.  You, having 

knowledge of a lawful order issued by MSgt 
o have no contact at all with your 
an order which it was your duty to 

or about 12 Feb 02, fail to obey the same by wrongfully 
contacting-by 
telephone.  Article 128.  You did, on or about 3 Feb 02, 
unlawfully choke your wife, 
hands by putting them around-icle 

calling her on the 

with your 

134. 

02, wrongfully communicate to 
a threat to injure her by 

putting a bullet to her head.  Reduction to A1C. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 19 SEP 00 -  Three nonmoving vehicle violations in the 

RIC, 18 JUL 00 -  Leaving tool box unlocked over night. 

past year. 

f.  CM:  None. 

g.  Record of SV: 19 Mar 97 -  18 Nov 98  Minot AFB  4  (Initial) 

19 Nov 98 -  01 Aug 99  Minot AFB  4  (CRO) 

02 Aug 99 -  27 Jun 00  Minot AFB  3  (CRO) 
28 Jun 00 -  30 Mar 01  Minot AFB  4  (CRO) 
31 Mar 01 -  13 Mar 02  Minot AFB  2  (Dir by Cmdr) R E F  

(Discharged from Minot AFB) 

h.  Awards &  Decs:  AFTR, AFLSAR, AFOUA, TB. 

i.  Stmt of Sv:  TMS: (5) Yrs  (7) Mos  (17) Das 
TAMS: (5) Yrs  (0) Mos  (25) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 29 May 03 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  After numerous attempts to get help to send my wife home to 

Pennsylvania, no help was ever offered to me after the abuse that I was 
subjected to by my wife at the time. 

Issue 2:  I notified my first seargent (sic) numerous times that she was 

very violent and no help was offered. 

Issue 3:  The reason for my discharge was based on the fact that I assaulted 

my wife by grabbing her at the neck. 

Issue 4:  After my discharge my commanding officer told me that I showed no 

concern.  He told me that there was nothing I could do that's why I did not 
fight the discharge.  But after the discharge he told me that I should have. 

Issue 5:  I really loved serving my country and would love to continue if 

given the opportunity.  Please if you can grant me the opportunity to 
finish/continue my career with the Air Force. 

ATCH 
1. DD Form 214. 

5.  You have the right to submit statements on your own behalf  Any statements you 
want the separation authority to consider must reach me by  11 3 0  hours on  . l r c - , ~ c  
2002, unless you request and receive an extension for good cause shown.  I will send 
any statements you provide to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure 
will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination. You must report to the 5th Medical 
2002, for 
Group Hospital, 10 Missile Avenue, Minot AFB, ND, at 0-1 '50  hours on 2) 17 .s 
the examination.  You must not drink alcoholic beverages 72 hours prior to the exam. 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal.  A 
copy of AFI 36-3208 is available for your use in the Orderly Room. 

9.  Sign the attached acknowledgment and the Statement of Understandirrg and return 
them to me immediately. 

Commander, 5th Transportation Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF FM 3070, Record of I\lonjudicial Punishment Proceedings, 12 Mar 02 
4.  Letter of Reprimand, 19 Sep 00 
5.  AF FM 174, Record of Individual Counseling,  18 Jul 00