rn 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

I  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD 

I 

I 

MEMBER SITTING 

HON 

I 

VOTE O F  THE BOARD 

GEN 

I  UOTHC 

OTHER 

HEARING DATE 

1  18 Oef 2004 

CASE NUkIBER 

FD-2003-00206 

I 

ARLIICANT'S  lSSUE AMITHEBOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONNE 

1

1

 

Case heard at Washington, D.C via VTC at Travis AFB, CA. 

Advise applicant of the decision of the Board. 

TO: 

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

FROM: 

SECRETARY  OF THE AIR FORCE PERSONNEL C O W L  
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 will be used 

I  DENY 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00206 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant appeared and testified  before the Discharge Review Board (DRB) without counsel at Andrews 
AFB via VTC with Travis AFB,  CA on October  18, 2004.  No  witnesses testified on the applicant's  behalf 
and no additional exhibits were submitted at the hearing.  The attached brief contains available pertinent data 
on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

ISSUE:  The  applicant  felt  that  his  discharge was  inequitable  because  he  had  a  good  record  and  that  his 
discharge was based on isolated incidents surrounding the painful  and emotionally difficult breakdown in his 
marriage after his ex-spouse entered into an intimate relationship with a female AIC of the  same squadron. 
The  member  indicated  that  he  had  divorced  his  wife,  changed  his  life,  and  had  been  a  successful 
Apprenticeship  and Training Representative (GS-12) for the U.S. Department of Labor since July 2000.  The 
applicant also described a desire to serve in an ANG capacity and to further his education. 

No inequity or impropriety in the applicant's  discharge at the time of issuance was suggested or found in the 
course of the hearing.  However, the Board determined that relief was warranted based upon consideration of 
the applicant's  service record, his outstanding post-service  conduct, and the extenuation and mitigation 
surrounding the applicant's misconduct stemming from his marital difficulties. 

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.  However, in view of 
the  foregoing  findings,  the  Board  further  concludes that  the  overall  quality  of  applicant's  service  is  more 
accurately  reflected  by  an  Honorable  discharge.  The  applicant's  characterization  should  be  changed  to 
Honorable  under the provisions  of Title  10, USC  1553.  However,  the applicant's  reason for discharge and 
reenlistment eligibility code will not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF- -THE -AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

FD2003-00206 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF 17 Dec 98 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Oct 73.  Enlmt Age: 21 0/12.  Disch Age: 25 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-85,  E-67,  G-64,  M-74. PAFSC: 2T251 -  Air Transportation 
Journeyman. DAS: 15 Oct 96. 

b.  Prior Sv: (1) AFRes 27 Oct 94 -  21 Nov 94 (26'days)(Inactive). 

months.  Svd: 3 yrs 8 months 0 days, all AMS.  AMN  -  Unknown.  A1C -  22 Mar 96. 
SRA -  22 NOV 97.  EPRs: 5,5,5. 

Enlisted as AB  22 Nov 94 for 4 yrs.  Extended 9 Mar 96 for 22 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SRA 23 Jul 98 for 6 yrs. Svd: 0 Yrs 4 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  3 Sep 98 (Vacation of Article 15, 30 Oct 98) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 Oct 98, Vacation, Hickam AFB, HI -  Ar 

, on or about 15 Oct 98, assault' 
by shoving her with your arms. 

appeal) (No mitigation) 

( 2 )   3 Sep 98, Hickam AFB, HI -  Article 121.  You, did, on 

or about 19 Aug 98, wrongfully appropriate photographs, 
of a value of about $100.00 or less, the property of 

.  Article 134.  You, did, on or 
fully enter the dwelling house of 

Suspended reduction to AlC, forfeiture 

of $100.00 pay per month for 2 months, and 30 days extra 
duty. (Appeal/Withdrawn) (No mitigation) 

e.  Additional:  (Examiner's Note:  The following infractions were taken 
from the Notification Memorandum; however, individual documents are 
missing from the file) . 

LOC, 11 J U N   97 -  Failure to obey a lawful order. 
LOR, 22 JUL 98 -  Domestic dispute resulting in a verbal 

argument and a physical altercation with 
spouse. 

- 

f.  CM:  None. 

- - 

g.  Record of SV: None. 

(Discharged from Hickam AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFGCM 

i.  Stmt of Sv:  TMS: (4) Yrs  (1) Mos  (21) Das 
TAMS: (4) Yrs  (0) MOS  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Apr 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Letter of Award. 
2. Seven Performance Appraisals. 
3. Applicant's Issues. 
4. DD Form 214. 

8.  Issues 

I felt that my discharge was inequitable because it was based on one isolated incident 
in 48 months and 26 days of service with no other adverse action.  Here is a little 
background from what started my request for discharge.  My wife started to see 
another service member starting in July of 1998.  From that time on my world turned 
upside down.  I had the Security Police called on me for everything and anything I 
did.  I would look at my wife wrong and she would tell the SP that I hit her.  I was 
called into my First Sergeant's office many of times for lies that she told.  I lost a 
strip (E-4) and was put on 30 days extra duty no time off.  After completing my 30 
days of extra duty and seeing how I was being treated by the 635Ih AMSS (AMC). I 
decided to ask my Commanding Officer how could I get out of the military.  I was 
then given a general under honorable conditions discharge within 30 days of asking. 
My wife had to leave with me because I was stationed at Hickam AFB HI.  I would 
have stayed in the service if it weren't  for my commands action against me.  I felt that 
my service record was tarnished beyond repair that is why I got out. 

I now work for the U.S. Department of Labor in Nevada.  I have been an 
Apprenticeship and Training Representative (GS-12) since July 2000.  I'm  asking that 
my discharge be reviewed in order for me to better my education and return to school. 
At this time I do not qualify to be eligible for the Montgomery GI BILL- Active Duty 
Educational Assistance Program because of the General discharge.  I would like to 
state that I did divorce my wife and have changed my life around for the better. 

Thank you for your time. 

DEPARTMENT OF THE AIR FORCE 
635M AIR  MOBILITY SUPPORT SQUADRON 

AIR MOBILITY COMMAND 

MEMORANDUM FOR A1 

FROM:  635 AMSSICC 

SUBJECT:  Notification Memorandum-Amended 

35 AMSS 

1.  This letter supersedes the Notification Memorandum, dated 10 Nov 98, and will serve in its 
place.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32, 
Military Retirements and Separations, and AFI 36-3208, Administrative Separation of  Airmen, 
paragraph 5.49.  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.  On or about 19 Aug 98, you unlawfully entered the home of another person, and you 

wrongfully appropriated property fiom that person.  For these offenses, you received an Article 
15, dated 3 Sep 98.  Your punishment consisted of a suspended reduction to E-3 for 6 months, 
forfeiture of $100 pay for 2 months, and 30 days extra duty.  (Atch 2) 

b.  On or about 15 Oct 98, you assaulted your wife by pushing her.  For this offense, your 

previously suspended reduction was vacated and you were reduced to the rank of E-3.  (Atch 3) 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending that you receive a General discharge.  Only 
misconduct occurring in the current enlistment may be considered when deciding 
characterization of separation.  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 and will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance h d s  may be subjected to 
recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Submit statements in your own behalf. 

c.  Waive the above rights.  You must consult legal counsel before making a decision to waive 

any of your rights. 

5.  You should have already reported to the 15"' Medical Group on 24 Nov 98 at 0830 hours for 
the examination.  Additionally, you should have set up your initial separations appointment. 

6.  Military legal counsel, Cap 
449-2 149, is available to assis 
on 2 .-c T B   at 
expense. 

/ 3  o 

ea Defense Counsel, Building 1 1 13, 

ent has been scheduled for you to consult him 

hours.  You may consult civilian counsel at your own 

7.  Confer with your counsel and reply, in writing, within 3 workdays, by 
specifying the rights you choose to exercise.  The statement must be signed in the presence of 
your counsel who also will sign it.  I will send the statements to the discharge authority with the 
case file to be considered with this recommendation. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for y o u  use at your Commander's  Support Staff. 

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

Attachments: 
1.  Airman's Receipt of Notification Memorandum 
2.  Article 15, dated 3 Sep 98 
3.  Vacation action, dated 3 Nov 98 

DEPARTMENT OF THE AIR FORCE 
635TH AIR  OBlLlTY SUPPORT SQUADRON 

A r R MOBlLlM COMMAND 

MEMORANDUM FOR A 1 

FROM:  635 AMSS/CC 

SUBJECT:  Notification Memorandum 

635 AMSS 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Mactions.  The authority for this action is AFPD 36-32, 
Military Retirements and Separations, and AFI 36-3208, Administrative Separation of  Airmen, 
paragraph 5.49.  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.  On or about 1 1 Jun 98, you failed to obey an order given to you by your supervisor to 
service crew latrine on a C141B.  For this offense, you received a Letter of Counseling, dated 
11 Jun 97.  (Atch 2) 

b.  On or about 19 Jul98, you were involved in a domestic dispute with your wife that 

resulted in a verbal argument and a physical altercation.  For this offense, you received a Letter 
of Reprimand, dated 22 Jul98.  Additionally, an Unfavorable Information File was established. 
(Atch 3) 

c.  On or about 19 Aug 98, you unlawfully entered the home of another person, and you 

wronghlly appropriated property fiom that person.  For these offenses, you received an Article 
15, dated 3 Sep 98.  Your punishment consisted of a suspended reduction to E-3 for 6 months, 
forfeiture of $100 pay for 2 months, and 30 days extra duty.  (Atch 4) 

d.  On or about 15 Oct 98, you assaulted your wife by pushing her.  For this offense, your 

previously suspended reduction was vacated and you were reduced to the rank of E-3.  (Atch 5) 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending that you receive a General discharge.  Only 
misconduct occuning in the current enlistment may be considered when deciding 
characterization of separation.  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 and will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance funds may be subjected to 
recoupment. 

I 
I 

I 

4.  You have the right to: 

a.  Consult legal c o ~ n s e l . ~  

b.  Submit statements in your own behalf. 

c.  Waive the above rights.  You must consult legal counsel before making a decision to waive 

any of your rights. 

5.  You are scheduled for a medical examination.  You will report to the 15" Medical Group on 

at 

7 4  144% 

hours for the examination.  Additionally, you must contact 
Separations, located in the Military Personnel Flight, at 449-2276, ext. 1 49 or 14 1, within 24 
hours of receipt of this letter to set up an initial separations appointment. 

6.  Military legal counsel, Cap 
449-21 49, has been obtained t 
NO!  1 O lgg8 
consult him on 
your own expense. 

at 

'Area Defense Counsel, Building 1 1 13, 
pointment has been scheduled for you to 

hours.  You may consult civilian counsel at 

7.  Confer with your counsel and reply, in writing, within 3 workdays, by 
specifying the rights you choose to exercise.  The statement must be signed in the presence of 
your counsel who also will sign it.  I will send the statements to the discharge authority with the 
case file to be considered with this recommendation. 

-  8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1 974.  A 
copy of AFI 36-3208 is available for your use at your Commander's Support Staff. 

. 

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

Attachments: 
1.  Airman's Receipt of Notification Memorandum 
2.  LOC, dated 11 Jun 97 
3.  LOR, dated 22 Jul98 
4.  Article 15, dated 3 Sep 98 
5.  Vacation action, dated 3 Nov 98