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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

 

| PERSONAL APPEARANCE

xX RECORD REVIEW

 

 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON _

a Xx
Ey x
_EEEEy x
as Xx
Xx

 

 

 

ISSUES INDEX NUMBER

A93.01 A67.90

  

 

  

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

BQN [-

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

HEARING DATE

21 Nov 2003

CASE NUMBER

FD-2003-00384

Case heard at Washington, D.C.

submit an application to the AFBCMR

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

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE
FORCE DISCHARGE REVIEW BOARD DECIS

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition wil] be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00384

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 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 states that he was young and immature at the time of
his actions. |The records indicated the applicant received an Article 15 for assaulting another airman.
Additionally, he received a Letter of Reprimand for a civil arrest for assault. The Board concluded the
misconduct was a significant departure from conduct expected of all military members. Applicant contends
that he should not be penalized indefinitely for a mistake he made when young. The DRB recognized the
applicant was 20 years of age when the discharge took place. However, there is no evidence he was
immature or did not know right from wrong. The Board opined the applicant was older than the vast
majority of first-term members who properly adhere to the Air Force’s standards of conduct. The DRB
concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

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
FD2003-00384
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 23 Jan 98 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 12 Sep 77. Enlmt Age: 18 4/12. Disch Age: 20 4/12. Educ: HS DIPL.
AFQT: N/A. A-46, E-59, G-57, M-38. PAFSC: 3E£131 - Heating, Ventilation, Air
Conditioning and Refrigeration Apprentice. DAS: 4 Oct 96.

b. Prior Sv: (1) AFRes 18 Jan 96 - 5 Mar 96 (1 month 16 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Mar 96 for 4 yrs. Extended 1 Jul 97 for 23 months.
Svd: 1 Yrs 10 Mo 18 Das, all AMS.

b. Grade Status: AIC - 6 Jul 97
Amn - 6 Sep 96

c. Time Lost: None.
qd. Art 15’s: (1) 29 Dec 97, Minot AFB, ND - Article 128. You, did, on

or about 27 Nov 97, unlawfully kick lille ghipaiabliiiiage

on the chest with your feet. Suspended reduction to

Airman, suspended forfeiture of $250.00 pay per month
for 2 months, and 30 days extra duty. (No appeal) (No
mitigation)

e. Additional: LOR, 24 DEC 97 - Civil arrest for assault.
£. CM: None.
g. Record of SV: None.
(Discharged from Minot AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (6) Das
TAMS: (1) Yrs (10) Mos (18) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 8 Aug 03.
(Change Discharge to Honorable)
FD2003-00384

 

Issue 1: To Whom It May Concern, I entered the USAF in March of 1996, and
was discharged in Jan. 1998 because of misconduct, I have no excuse for. The
only thing I can say, is that I was immature, and now have developed into a man
that needs some concern, so I can move on in life. I would greatly appreciate
an Honorable discharge so I can have some proof I completed some things for my
country with honor.

ATCH
None.

9SEPO3/ia
FR ze03 -0o 3 SF

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 5TH BOMB WING (ACC) 1 4 JAH 1998

MINOT AIR FORCE BASE, NORTH DAKOTA

 

 

MEMORANDUM FOR 9g? Ian
FROM: 5 CES/CC

SUBJECT: Letter of Notification - AFI 36-3208, Paragraph 5.50.2.

|. Iam 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 AFI 36-3208, Section H, paragraph 5.50.2. If my recommendation is approved, your
discharge will be characterized as general or honorable. I am recommending that your service be

characterized as general.
2. My reasons for this action are:

a. On or about 27 Nov 97, you unlawfully kicked a fellow military member on the chest with
your feet. You were punished under Article 15 of the UCMJ on 29 Dec 97 and an Unfavorable
Information File was established. (Atch 1-a)

b. On or about 9 Dec 97, you were arrested by civilian authorities for assault to a fellow
military member at a downtown establishment. On or about 10 Dec 97, after a guilty plea, you
were convicted by Ward County Municipal Court for simple assault and fined $150.00. You
were given a Letter of Reprimand on 24 Dec 97 for the arrest by civilian authorities. (Atch 1-b)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. 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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult QQ, Arca Defense Counsel, at her
office, 300 Summit Drive, Room 306A, at/p30 hours, on /44/a07¢. You may consult civilian

counsel at your own expense.
5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by 49 hours, on 2h SAuzGY) 1998, unless you
request and receive an extension for good cause shown. I will send them to the separation authority.

Global Power for America
Fozco3 - cos 8F

 

6. If you fail to consult 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 at@f0@ hours, on /5 |~n)78, for the
examination. You must not drink alcoholic beverages 72 hours prior to the exam; you must not
consume fatty foods (dairy products, fried food, eggs, red meats, and sea food) 24 hours prior to
the exam; you must not eat, drink, smoke, or chew tobacco 14 hours prior to the exam (you
should drink 4-6 glasses of water in the 14 hour period).

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.

 

Attachments:
1. Receipt of Letter of Notification
2. Statement of Understanding