AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
a. AB anne.
TYPE BCD PERSONAL APPEARANCE xX RECORD REVIEW

 

 

   

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

MEMBER SITTING

HON GEN UOTHC OTHER DENY

 

 

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ISSUES AGl 13 INDEX NUMBER A68.00
A92.37 E | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
HEARING BATE CASE NUMBER
16 Dec 2003 FD-2003-00342

 

 

 

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 RE oer

  
  
  

 

     

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, SRD FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

AFHQ FORM 0-2077, JAN 00 ({EF-¥2) Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 thaf 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.

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
FD2003-00342
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

eee (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec'd a BCD Disch fr USAF 14 Feb 90 UP SPCMO NO.5
(Conviction by Court Martial). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 1 Sep 69. Enlmt Age: 17 39/12. Disch Age: 20 5/12. Educ: HS DIPL.
AFOT: N/A. A-Unknown, E~Unknown, G-Unknown, M-Unknown. PAFSC: 81150 -

Security Specialist. DAS: (APR Indicates): 6 Apr 98 - 5 Apr B93.
b. Prior Sv: (1) AFRes 26 Jun 87 - 5 Apr 88 (9 months 11 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Apr 88 for 4 yrs. Svd: 1 Yr 10 Mos 9 Das, all AMS.

b. Grade Status: AB - 01 Aug 89 (SPCMO No.5, O1 Aug B89)
AMN - 6 Oct 88

c. Time Lost: None.
d. Art 15’s: None.
e. Additional: None.
£. CM: Special Court Martial No.5 - 1 Aug B9
CHARGE I: Article 121. Plea: Guilty. Finding: Guilty.

Specification 1: Did, on or about 17 Jun 89, steal a compact disc
player, of a value in excess of $100.00, the property of Ry»
. Plea: Guilty, except the word ‘steal,' substituting
therefor the words ‘wrongfully appropriate.' Of the excepted
word. NG. Of the substituted words. Guilty. Finding: Guilty.

Specification 2: Did, on or about 17 Jun 89, wrongfully
appropriate a bicycle, of a value of about $179.00, the property
of MMMM «Plea: Guilty. Finding: Guilty.

Specification 3: Did, on or about 18 Jun 89, wrongfully
appropriate a bicycle, of a value of about $179.00, the property

of (emg Plea: Guilty. Finding: Guilty.

CHARGE II: Article 129. Plea: Not Guilty. Article 134. Plea:
Guilty. Finding: Not Guilty, but Guilty of Violation of Article
130.
FD2003-00342

Specification: Did, on or about 17 Jun 89, in the nighttime,
unlawfully break and enter the dwelling house ‘iia
a with intent to commit larceny therein. . lty,
he words, 'in the nighttime, unlawfully break and enter

the dwelling house of (QF. with intent to commit

larceny therein.' Substituting therefor the words, ‘unlawfully
enter the dwelling house ‘i " Of the excepted
words, Not Guilty. Of the , Guilty. Finding:
Guilty, except the words, ‘in the nighttime,' and the words,
'break and.' Of the excepted words, Not Guilty. Sentence

adjudged on 10 Jul 89: Bad Conduct Discharge, forfeiture of
$200.00 pay per month for 2 months, confinement for 2 months, and

reduction to the grade of E-1.
g. Record of SV: 6 Apr 88 - 5 Apr 89 Minot AFB 8 (Annual)

(Discharged from Minot AFB)

h. Awards & Decs: AFTR.

1. Stmt of Sv: TMS: (2) Yrs (7) Mos (20) Das
TAMS: {1) ¥rs (10} Mos (9) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 17 Jul 03.
{Change Discharge to Honorable)

Issue 1: I enlisted via the delayed entry program, a 17 year old from
Chicago's frigid west side. I'11 I've (sic) ever known was to stand by & never
deny those that stood by me, to put it short & sweet I never did any crime
against anyone on Minot AFB, (N. Dakota). I subconciously {sic) put it in God's
hands. The individual that accused me was a married guy whos (sic} wife let me
borrow a compact disc player, I was due to "Hump" a site & I wanted to return
the property. I didn't steal anything, I'ma souljah (sic) still, please
upgrade my discharge. Thank (sic) in advance.

ATCH
None.

26AUG03/ia
te

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS FIFTEENTH AIR FORCE (SAC)
MARCH AIR FORCE BASE,. CALIFORNIA 92518-5999

Special Court-Martial Order 28 January 1990
No. 5

In the special court-martial case of AIRMAN qgaeeieiaiiae
wari United States Air Force. 858th Missile Security

Squadron, the sentence to a bad conduct discharge, confinement for
2 months, forfeiture of $200.00 pay per month for 2 months. and
reduction to airman basic, as promulgated in Special Court-Martial
Order No. 4, Headquarters, 5S7th Air Division, dated 1 August 1989,
has been finally affirmed. Article 7l(c) having been complied
with, the bad eonduat digcharge will be executed. The sentence
was adjudged on 14 July 1989 (ACMS 28193).

    

Lieutenant General, USAF

Commander

DISTRIBUTION:

1 - AB “URN (R Chicago IL 62623 (Acc)
1 - Cal HQ USAF Trial Judiciary, Lowry AFB CO

80238-5668 (MJ)

  
 
  

 

 
  
  
     

1 - Capt wm. 57 AD, Minot AFB ND 58765-5999 (TC)

1 - Capt me 57 AD, Minot AFB NDEPSUORT IPAS ARID

1 - Capt a HQ USAF Judiciary ,GFMimié tiiASiB: NOGCATE GcNEN..
58765-5008 (DC)

1 - 15 AF/CC, March AFB CA $2518-564906 Inarnutk ac na vathion tux a rant of

1 - 858 MSS/CC, Minot AFB ND 58705-5989 feview a8 ean eocelend within tha

1 - 57 AD/CC, Minot AFB ND 58795-5092 appeat pe nce as Snaveved

1 - 91 SMW/CC, Minot AFB ND 58705-5999 qn this cace come Htal, This

1 - 5 BMW/CC, Minot AFB ND 58705-52890 order acs,

1 - 857 CSG/CC, Minot AFB ND 58705-59909 i

1 - 857 SPG/CC, Minot AFB ND 58795-5490

SPCMO No.5
GORRECTED COPY - DESTROY ALL OTHERS

DEPARTMENT OF THE AIR FORCE
HEADODARTERS S7TH AIR DIVISION (SAU)
Minot Air forces Sage. North Dakota 38705-3000

Soecial Court-Martial Order
No. 4 , t Ausust 1989

ALRMAN 1g I. Snited States Air Force, 858th Missile

Security Squadron. was arraigned at Minot Air Force Base, North Dakota. on the
following offenses at a court-martial convened by Spvecial Order No. AB-190.
this headquarters. dated 5 July 1989. as amended by Snecial Order No. AB-i-,
this beadquarters, dated 7 Juiv 1989.

CHARGE {: Arsiele 121. Pilea: G. Finding: 4G.

Specification 1: Did. at Minot Air Force Base. Morth Dakota. on or apout i7
June 1989, steal a compact dise player, of a value in excess of $100.00, the
property of iD. Plea: G, except the word “steal,"
gubstituting therefor the worda ‘wronétuily appropriate." Of the axcepted
word, NG. Of the aubetituted worda, G. Finding: 4G.

Specification 2: Did, at Minot Atr Force Base. Worth Dakota, on or about 17
dune 1988, wrongfully appropriate a bicycle, of a value of about £179.00. tae
property at we, Plea: @. Finding: 4G.

Specification 3: Did, at Minot Air Force Base, North Dakota, on or about 18
June 1088, wrongfully appropriate a bicycle, of a vaiue of about #179.00, the
property af eee. Plea: @: Finding: 4.

CHARGE II: Article 129. Plea: WG. Hut G of a Violation of UCMJ, Art 134.
Finding: @, NG. But G of a Violation of GOMd. Article 13C.

SPCHO NO. 4
at Minot Air Force Base, North Dakota, on or about 17

Specification: Did,
June 1989, in the nighttime. unlawfully break and enter the dwelling house of
Plea: G, except

emunngmmttiiiim with intent to commt larceny therein. : t
the words. “in the nighttime, unlawfully break and enter the dwelling houge of
SRN: witch intent to commit Larceny therein,” substituting
therefor the words, “unlawfully enter the dwelling house of QQ

Of the substituted words, G.

qa Of the excepted words, NG.
Finding: G, except the words, “in the nighttime,” and the words, “break and.”

Of the excepted words, NG.

SENTENCE

Bad Conduct Discharge, forfeiture of

Sentence adjudged on 10 July 1989:
confinement for 2 months, and reduction to

$200.00 pay per month for 2 months,
the érade of E-l.

ACTION

In the cage of AIRMAN eee. eee. United States Air
aycent

Force, 888th Missile Security Youadron, the szentance ig anoroved and,
for the bad conduct dischardée. will be executed. The Consolidated Confinement

Facility, Minot Air Fforee Base, North dakota §8705-5000, ig desipnated az the

Place of confinement.

‘5
_ Brig Gen. USAF

Commander

FOR THE COMMANDER

 

Staff Judge Advocate
DISTRIBUTION

1 - AB QI. 856th Missile Security Squadron, Minot AFB, WD

58765-5008 (SAC)

1 - Co) anit. BQ USAF Judiciary Fourth Circuit, Lowry AFB, CO,

88238- ~5086 (M5)

 
 
   

1 ~ Capt ' 57 AD/JA, Minot AFA, ND 58768-5888 (TC)
1 - Capt y 57 AD/JA, Minot AFB, ND 58765-5888 (ATC)
1 - Capt Ares Defenge Counsel, Detachment QD4D, Minot AFB, WD

88705-30098 (DC)
- 87 AD/CC, Minot AFB, ND 5387€5-5900
- 854 MSS, Minot AFB, WD 58745-9600
- 91 SMW/CC, Minot AFB, ND 38705-5800
- § BMW/CC, Minot AFB, ND 58705-5000
- 487 CSG/CC, Minot AFB, ND 58785-5000
~ 457 SPG/CC, Minot AFB, WD 58765-5000
857 SPS/SPOC, Minot AFB, ND 58705-5000
- 857 CPTS/ACF, Minot AFB, ND 58795-5800
- 857 MSSQ/DPMQA, Minot AFB, WD 58705-5000
- 57 AD/JA, Minot AFB, ND 58795-5900
- 1§ AF/CC, March AFB, CA 92518-5008
~ 15 AF/JA, March AFB, CA 92518-5900
18 - HQ OSAF/JAJM, Bolling AFB , Washington, DC 20330-6448
1 - AFAFC/MPSSR, Denver, CO 80279
1 - AFMPC/MPCDOMIA, Randolph AFB, TX 8158-45051
1 - A.F.S.C.0., Washington, DC 28339-6448

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