AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC | [ain
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD “|
MEMBERS SITTING HON GEN UOTHC OTHER DENY
_— . se
Po] x
oo
i x
| X
X
oh
x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.90 ]. | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
ry ccetnirinee rere
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FHI.E
30 JUL 03 FD2003-0285 COUNSEL’S RELEASE TO THE BOARD
, ADDITIONAL EXHIBITS SUBMITTED A} TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAS. 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.

 

 

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

    
 

 

 

 

 

 

 

: INDORSEMENT 4 DATE: 30 JUL 03
TO: " FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNE]. COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, FE 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 FD03-0285

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 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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant had an
Article 15 for sexual harassment involving several women. He also received one Letter of Reprimand for
sexual harassment involving several different women. The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board
concluded the disciplinary infractions were a significant departure from the conduct expected of al] military
members. The Board found no evidence of impropriety or inequity in this case on which to base an upgrade
of 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
FD2003-00285
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

——— (Former A1C) (HGH SGT)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 18 Nov 92 UP AFR 39-10,
para 5-47b (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 29 Oct 64. Enlmt Age: 19 2/12. Disch Age: 28 0/12. Educ: HS DIPL.
AFOT: N/A. A-79, E-73, G-71, M-54. PAFSC: 67251 - Financial Management
Specialist. DAS: 26 Jul 89.

b. Prior Sv: (1) AFRes 4 Jan 84 - 28 Mar 84 (2 months 25 days) (Inactive).

(2) Enlisted as AB 29 Mar 84 for 4 yrs. Svd: 3 yrs 11 months
26 days, all AMS. AMN - 29 Sep 84. A1C-(APR Indicates): 29 Mar 85-28 Mar 86.
SrA - 29 Mar 87. Sqgt-(APR Indicates): 29 Mar 87-28 Mar 88. APRs: 8,9,9,9.

3. SERVICE UNDER REVIEW:

a. Reenlisted as Sgt 28 Mar 88 for 6 yrs. Svd: 4 Yrs 7 Mo 21 Das, all AMS.

b, Grade Status: AlC - 10 Sep 92 (Article 15, 10 Sep 92)

c. Time Lost: None.

d. Art 15’s: (1) 10 Sep 92, F.E. Warren AFB, WY - Article 134. You did,
between on or about 1 Jun 92, and on or about 29 Jul 92,
sexually harass Sgt EE > making unwelcome
advances and inappropriate comments to her, to wit:
hugging her, rubbing her shoulder and saying words to
the effect of "You feel good," which was to the
prejudice of good order and discipline in the armed
forces. You did, between on or about 1 Jul 92, and on
or about 29 Jul 92, sexually harass Sgt ns
by making unwelcome advances to her, to wit: massaging
her shoulders which conduct was to the prejudice of good
order and discipline in the armed forces. You did, on
or about 29 Jul 92, sexually harass (AAAS oy
making unwelcome advances and inappropriate comments to
her, to wit: hugging her and pushing the chair you were
sitting in up against her and saying words to the effect
of "I'd love to have this chair, it's so close to you
and you know I love to be close to you," which conduct
was to the prejudice of good order and discipline in the
armed forces and was of a nature to bring discredit upon
the armed forces. Reduction to A1C, and a reprimand.
FD2003-00285

(Appeal /Withdrawn) (No mitigation)

e. Additional: LOR, 1 NOV 89 - Sexual harrassment.
Traffic Ticket, 5 Sep 89 - Speeding.

£. CM: None.

g. Record of SV: 29 Mar 88 - 28 Mar 89 Lowry AFB 9 (Annual)
30 Mar 89 - 25 Feb 90 F.E. Warren AFB 3 (CRO)
26 Feb 90 - 27 Jul 90 F.E. Warren AFB 3 (CRO)
28 Jul 90 - 07 Apr 91 F.E. Warren AFB 4 (CRO)
08 Apr 91 - 31 Jan 92 F.E. Warren AFB 5 (CRO)

(Discharged from F.E. Warren AFB)

h. Awards & Decs: AFCM, AFGCM, NCOPMER W/1 OLC, NDSM, AFTR, AFLSAR W/1
OLCc.

i. Stmt of Sv: TMS: (8) Yrs (10) Mos (14) Das
TAMS: (8) Yrs (7) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 10 Jun 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. Four Letters of Recommendation.
2. Job Resume.

11JUL03/ia
jr _ P0243 -cazsy

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 90TH MISSILE WING (ACC)
FRANCIS E, WARREN AIR FORCE BASE, WYOMING aT RNET SSS

 

An oF: 90 CPTS/CC

suBJECT: Notification Letter - Board Hearing ot AS Sepa
0: AC

1. J am 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 AFR 39-10, paragraph 5-47b.
Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reasons for this action are:

a. You did, between on or about 1 January 1989 and on or about 29 July
1992, at or near F.E, Warren AFB, sexually harass QP by making
unwelcome advances and inappropriate comments. (Witness Interview
Statement, 31 Jul 92)

b. You did, between on or ahout 1 November 1990 and on or about 29
July 1992, at or near F.E. Warren AFB, sexually harass QE by
making unwelcome advances and inappropriate comments. (Witness Statement,
31 Jul 92; AF Form 3070, 10 Sep 92)

c. You did, between on or about 26 March 1990 and on or about 30 June
1992, at or near F.E. Warren AFB, sexually harass Sgt by
making unwelcome advances and inappropriate comments. (Statement, 30 Jul
92; AF Fomm 3070, 10 Sep 92)

d. You did, between on or about 1 June 1992 and on or about 29 July
1992, at or near F.E. Warren AFB, sexually harass Sgt comuiiianne
making unwelcome advances and inappropriate coments. (Testimony, 31 Jul
92; AF Form 3070)

e. You did, between on or about 1 August 1991 and on or about 29 July

1992, at or near F.E. Warren AFB, sexually harass SrA "QO,

by making unwelcome advances and inappropriate comments. (Testimony, 31
Jul 92)

£. You did, between on or about 11 October 1991 and on or about 29
July 1992, at or near F.E. Warren AFB, sexually harass AIC
making unwelcome advances and inappropriate comments.
Testimony, 31 Jul 92)

g. You did,’ between on or about 1 July 1992 and on or about 29 July
1992, at or near F.E, Warren AFB, sexually harass Wa>y making

Global P OWE for America
= _ FDo2003-97Z8F

unwelcome advances and inappropriate comments. (Witness Interview Se
Statement, 31 Jul 92; AF Form 3070) . .

h. Between on or about 26 July 1989 and on or about 27 October 1989,
investigation disclosed that you seonialty’h harrassed several enlisted womens
(LOR w/supporting documents) : |
3. This action could result in your Beparation with an honorable, general
or under other than honorable conditions discharge. I am recommending an
under other than honorable conditions discharge. The commander exercising
SPCM jurisdiction or a higher authority will make the final decision in
this matter. If you are discharged you will be ineligible for reenlistment

in the Air Force.

4, You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in
lieu of the board hearing.

e. Waive the above rights. You must consult legal counsel before
making a decision to waive any of your rights.

5. You have been scheduled for medical examination. You must report to
the F. E. Warren Hospital physical exams section at 0700 on aX

6. Military legal counsel, Capt@g§@gMPat the ADC office, bldg 292, ext
3248 has been obtained to assist - An appointment has been scheduled
for you to consult her on at CO... However, you may have
another attorney appointed as counsel if the attorney meets the
criteria of being in the active’military service and is reasonably
available IAW AFR 111-1. In addition to military counsel, you have the
right to employ civilian counsel. The Air Force does not pay expenses
incident to the employment of civilian counsel. Civilian counsel, if
employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statements must be
signed in the presence of your counsel,who will also sign. If you waive
your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements
to the discharge authority with the case file to be considered with this
recommendation. If you fail to respond, your failure will constitute a
waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFR 39-10, attachment 6. A copy of
AFR 39-10 is available for your use in your orderly roon.
_ PPZr05 - ceZa&

an 9. Execute the attached acknowledgment and retum it to me immediately...

  

jor, USAF 3 Atch as
-1. Supporting Documents. fex ‘the
Reason for the Discharge
a. Witness Interview Statement,
31 Jul 92
b. Witness Statement, 31 Jul 92
Cc. AF Form 3070 w/atch,
10 Sep 92
Statement, 30 Jul 92
Testimony, 31 Jul 92
Testimony, 31 Jul 92
Testimony 31 Jul 92
Witness Interview Statement,
1 Jul 92
LOR w/atch, 1 Nov 89
2. Documents Containing Derogatory
Infomation Which are not Listed in
the Notification Ltr
a. Nonrecommendation for
Promotion Ltr, 10 Sep 92
b. Commander-driected Mental
Health Evaluation, 1 Sep 92
c. AF Good Conduct Medal
Denial Ltr, 2 Apr 90
Notification Ltr
d. DD Form 1408, 5 Sep 89
3. Receipt of Notification Ltr

er rn B