ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

    

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
E
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING TION GEN UOTHC OTHER DENY
i ~~ x
ei: x
2 x
Qi 7
DY x
ISSUES INDEX NUMBER bs EXHIBITS SUBMITTED TO THE BOARD
A94.05 A67.90 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
31 JUL 03 FD2003-0273 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.

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.

 

 

TURE OF BOARD P

  
  

 

SIGNATURE OF RECORDER
ea

 

    

INDORSEMENT DATE: 31 JUL.03

 

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 FD03-0273

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 night.

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 substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends that his discharge was too harsh because he never had any work related
problems. The record indicates the applicant received an Article 15 for assault, a conviction by civilian
authorities for assault, and two Letters of Reprimand for assault and failure to obey an order and making a
false official statement. The applicant states that his discharge did not take into account the good things he
did while in the service. The DRB took note of the applicant’s duty performance as documented by his
performance reports, letters of recommendation and other information contained in the records. They found
the seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance.
The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the
discharge.

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
FD2003-00273

h. Awards & Decs: AFAM, AFTR, NDSM, AFOUA, SB.

i. Stmt of Sv: TMS: (3) Yrs (7) Mos (24) Das
TAMS: (3) Yrs (5) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 May 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. DD Form 214.

2. Applicant's Issues.
3. Three Character References.

27JUN03/ia
oo, PP PZ0R2 ~00OK/ 9
JEPARTMENT OF THE AIRFORCE _

91°’ SPACE WING (AFSPC)

 

MEMORANDUM FOR AMN#

 

FROM: 741 MS/CC
SUBJECT: Letter of Notification — AFI 36-3208, Para 5.50.2

1. lam recommending your discharge from the United States Air Force for a pattern of
misconduct, specifically conduct prejudicial to good order and discipline. The authority
for this action is AFPD 36-32, Military Retirements and Separations, 14 Jul 93, and AFI
36-3208, Administrative Separation of Airmen, 10 Mar 00, Chapter 5, Section H, paragraph
5.50.2. If my recommendation is approved, your discharge will be characterized as
honorable or general. | am recommending your service be characterized as general.

2. My reasons for this action are:

a. On or about 5 Mar 03, following a guilty plea, you were convicted by civilian
authorities for Simple Assault, a Class A misdemeanor. You were placed on probation for
1 year, ordered to complete 100 hours of community service, and ordered to file quarterly
reports with the clerk of District Court. (Atch 3)

b. You did, at or near Minot Air Force Base, North Dakota, on or about 19 Apr 02,
unlawiully strike Staff Sorgcar IOS on the face with your hand, requiring him
to receive five stitches below his left eye and causing a bloody nose and cuts to his temple
and mouth. You were punished under Article 15 of the UCMJ on 19 May 02 and this
incident was added to your existing Unfavorable Information File (UIF). (Atch 4)

c. On or about 30 Oct 01, you assaulted a fellow airman during basketball practice at the
base fitness center. You were given a Letter of Reprimand (LOR) on 13 Nov 01. This
incident was added to your existing UIF and you were placed on a Control Roster on
19 Nov 01. (Atch 5-6)

__ d. Onor about 23 Dec 00, you and two other individuals attempted to enter a local

nightclub. The local police stated you attempted to enter the establisnment using your New
York drivers license and the second individual used your Military Identification Card. As a
result, the security guard confiscated both ID’s. You pulled your license from the security
guard’s hand and fled the scene along with the other two individuals. On or about 26 Dec 00
you told your supervisor you lost your Military ID and went to the military personnel flight
and got a new one. The nightclub security guard turned your military ID over to the Minot
Police d2pariment who in tum give it to Minot AFB officials. You were given an LOR ard a
LP was established on 19 Mar 01. (Atch 7-8)

GUARDIANS OF THE HIGH FRONTIER
FD 2QIODS~OORZLS

3. The Letter of Notification with attachments will be forwarded to the separation
authority in support of this recommendation. The Commander exercising SPCM
jurisdiction (5 BW/CC) or a 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.

he

4. You have the right to consult counsel. Military legal counsel has been obtained to
assist you. | have made an appointment for you to consult Cape 42
Defense Counsel, at 300 Summit Drive, Room 306A, at [4400 hours, on [eA ,
2003. You may consult civilian legal counsel at your own expense.

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 {O30 __ hours, on _2.3 APR 63
2003, unless you request and receive an extension for good cause shown. | will then

send them to the separation authority.

6. If you fail to consult legal counsel or to submit statements in 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 Group Hospital, 10 Missile Avenue, Minot AFB, ND atl445 hours, on 2.2 APRO3
2003 for the examination. You must not drink alcoholic beverages 72 hours prior to the
exam. 7

~ 8. Any personal information you furnish in rebuttal is covered by the Privacy Act
Statement of 1974. A copy of AFI 36-3208 is available for your use in the Orderly
Room.

9. Execute the attached acknowledgment and return it to me immediately.

 
    

ibe Li Col, USAF
Missile Squadron

ars

Commander, 741st

Attachments: (listed on next page)
TPO? TINA HS

Attachments:

1. Receipt of Letter of Notification

2. Statement of Understanding

3. Civilian Judgment, 5 Mar 03

4. AF FM 3070, Record of Nonjudicial Punishment Proceedings, 10 Jun 02
5, Letter of Reprimand, 13 Nov 01

6. AF FM 1058, Unfavorable Information File Action, 19 Nov 01

7. Letter of Reprimand, 19 Mar 01

8. AF FM.1058, Unfavorable Information File Action, 19 Mar 01

9. AF FM 1137, Unfavorable Information File Summary