AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITLAL) 

YES 

No 

I 
I x l

 

AFSNISSAN 

GRADE 

1  AlC 

I 
I 

ISSUES  A93.19 
A92.21 

lNDEX NUMBER  A67.10 

HEARING DATE 

06 Jan 2004 

CASE NUMBER 

Case heard at Washington, D.C. 

I 

1  I  ORDER APPOINTING THE BOARD 
2 
3 
4 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL APPERANCE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

TO: 

SAFIMRBR 
550 C STREET 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

I  FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCBARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD PLOOR 
ANDREWS AFB, MD 20762-7002 

--  - 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 

FD2003-00462 

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 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  1.  Applicant  was  discharged  for  minor  disciplinary  infractions.  He  had  two  Articles  15;  his 
misconduct included sexual intercourse with a married woman not his wife, and assaulting a civilian male. 
Applicant  now  claims that the woman  raped him  when he  was  intoxicated and couldn't  comprehend the 
event.  He claims he attempted to tell his squadron section commander, but found it embarrassing, and was 
laughed  at  because  people  do  not  typically  believe  women  can  commit  rape  against  men.  Applicant 
provided no  supporting documentation of these claims, thus the Board  found his assertions without merit 
and could not substantiate an inequity or impropriety with regard to this issue. 

Issue 2.  Applicant claims the civilian man he assaulted threw the first punch and applicant was defending 
himself.  Applicant again notes that he was intoxicated at the time of this incident.  Applicant provided no 
supporting documentation of these claims, thus the Board  found these  assertions without merit and could 
not substantiate an inequity or impropriety with regard to this issue. 

Issue 3.  Applicant notes he was not allowed to finish the alcohol rehabilitation program he was enrolled in 
before he was administratively separated, and surmises had he been able to finish the program he may have 
continued  successfully in the  service.  Applicant provided no  supporting documentation of these claims, 
thus the Board found these assertions without merit and could not  substantiate an inequity or impropriety 
with regard to this issue. 

Issue 4.  Applicant cites his post-service accomplishments as justification for an upgrade.  The DRB was 
pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in 
his discharge was suggested or found in the course of the records review.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service. 

Because member's  discharge file was missing from the record and unavailable for review, the Board was 
unable to ascertain if there was other misconduct on member's  part, or additional bases for the discharge. 
The Board also could not determine if member consulted counsel or submitted statements on his own behalf 
at the time of the discharge.  Lacking evidence from the applicant to the contrary, the Board relies on the 
presumption of regularity and finds the discharge proper and without basis for an upgrade.  No inequity or 
impropriety could be found in this discharge in the course of the records review. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2003-00462 

(Former AlC)  (HGH SGT) 

MISSING PERSONNEL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 20 Sep 91 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Mar 67.  Enlmt Age: 18 0/12.  Disch Age: 24 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-31,  E-69,  G-72,  M-93. PAFSC: 55250 -  Structural Specialist. 
DAS: Unknown. 

b.  Prior Sv: (1) AFRes 18 Apr 85 -  31 Oct 85 (6 months 14 days) (Inactive) . 

30 days, all AMS.  AMN  -  SGT Unknown.  APRs/EPRs unavailable. 

(2) Enlisted as AB  1 Nov 85 for 4 yrs.  Svd: 3 yrs 11 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as Sgt 1 Nov 89 for 4 yrs. Svd: 1 Yrs 10 Mo 19 Das, all AMS. 

b.  Grade Status:  A1C -  26 Aug 91 (Article 15, 26 Aug 91) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Aug 91, Grand Forks AFB, ND -  Article 128.  You did, 
on U.S. Highway 2 near Emerado, North Dakota, on or 
............................. 
j  in 
about 26 May 91, unlawfully strike ............................ 
the face with your fist.  Reduction to AlC, and 45 days 
extra duty.  (No appeal) (No mitigation) 

(2) 5 Sep 90, Grand Forks AFB, ND -  Article 134.  You, a 

married man, did, between 1 May 90 to 31 May 90, 
wrongfully have sexual intercourse with- 
a married woman not your wife.  Suspended reduction to 
AB, 45 days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: Unknown. 

(Discharged from Grand Forks AFB) 

h.  Awards &  Decs:  AFAM, AFOUA, AFGCM, NDSM, AFOSSTR, AFLSAR, AFPMER, 

SAMR, AFTR. 

i.  Stmt of Sv:  TMS:  (6) Yrs  ( 5 )  Mos  (3) Das 

I 

TAMS:  (5) Yrs  (10) Mos  (20) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Sep 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BREIF. 

ATCH 
1. Applicant's Issues. 
2. Congressional Correspondence. 
3. Air Force Achievement Medal. 
4. Certificate of Appreciation. 
5. Letters of Appreciation  (3). 
6. Character References. 
7. College Transcript. 
8. Certificates of Training. 
9. Performance Appraisal. 
10. Certificates of Merit and Appreciation. 

-4ttachrnent 2: Discharge Upgrade for - 

September 17,2003 

Discharge Review Board 
SAF/ MI BR 
550-C Street, Suite 40 
Randolph AFB, TX 78 150-4742 

Dear Discharge Review Board, 

SUBJECT: DISCHARGE UPGRADE REQUEST ISSUES 

I am submitting this package in request for military discharge upgrade form General (under honorable 
conditions) to Honorable.  There are four main issues supporting an upgrade to honorable. 

1.  I received an article 15 for wronghlly having sexual intercourse wi tYlnrrr a married 

woman. Adultery is clearly wrong. However, at the time of the incident,  was severely under the 
influence of alcohol to the point I was unable to comprehend what was happening.  Since that time, 
I have received a degree in education and have credits in chemical dependency counselmg and 
psychology.  I now understand that the actions pursued b
get her husband and myself  intoxicated and pursue sexual advances against my WIN would be 
considered a crime. She waited until her husband passed out and knowing I was intoxicated to the 
point of not being able to defend myself; she pursued sexual advances against my will. When 
questioned of the incident, I tried  to explain the incident occurred against my will, but my first 
sergeant and section commander dtd not believe me. As  it was embarrassing to admit a female had 
raped me. Most people at that time would not believe a woman could rape a man and this stereotype 
contmues today. As I was not the only person this happened to, I belleve that the actions taken 
However, I was told the mtlitary could not 
should have been rape charges against- 
pursue dsciplinary action against a dependent. 

evening to intentionally 

m

a

t

 

The second artick 15 d a t e s  to an incident of me unlawfully punching 
Again, 1 was under the influence of  alcohol. However, mg reasoning 
self-defense. The local sheriff  did not feel the incident warranted any lawful action against me 
because -as 
In addition, -so 
required to notify the military of any incidents involving military personnel. Therefore, once my 
squadron found out about the incident, my first sergeant and section commander pursued 
disciplinary action. -as 

also intoxicated and attempted to rape a female before the incident occurred. 
threw the tint punch and I was merely defending myself. The sheriff was 

a civilian and no disciplinary action was pursued against him. 

the face. 
in 

3. 

I was asked to enroll in the alcohol recovery program at Grand Forks AFB. I voluntarily enrolled in 
the program, but was not permitted to hnish h e  program and discharged before completion. My 
council and myself  were denied requests  for copies of documents and tiles from my enrollment in 
the alcohol program. My council was denied viewing of  the tiles, but I was able to view them for 
five minutes I remember them as being quite extensive. Now that I am formally educated,  I do not 
believe there was proper counseling and documentation. The actions taken by section command lead 
me to believe the intentions of my f i s t  sergeant and section commander were to have me fail the 
alcohol program and see me discharged.  If  I had been given the opportunity to complete the 
program under proper guidance, it is possible I may still be an active contributing member of the Air 
Force In addition, Alcohol was extensively promoted on military installations It was not uncommon 
to see 10-15 kegs of beer at a squadron event or picnic. &nsidering  my education level now, I find 
it hard to believe a unit could have an effective alcohol recovery program by having vast quantities 
of alcohol at unit events. One may argue each person should have self-conuol over alcohol 

S T A T E   C O L L E G E ,   P A   1 6 8 0 3  

-T  l  m-- 

2 - 

September 17, 2003 

consumption at these events and maybe  should have known better to participate in such activities. 
However, one must consider the average age of  the active members of  the unit and the stress 
involved in supporting missions. The military wains soldiers to act as a close team and this is what 
the team did to relieve stress. There should have been better management of  social activities and 
programs within the unit. Alcohol should not have been extensively promoted and supplied in 
quatltities at events. 

4.  Since the time of my general discharge, I have been a model citizen and  still actively support my 

country. This general discharge is the only blemish on my  record. I do not feel it was  warranted in 
the first place and my record since then justifies  I am not a bad person. This blemish on my  record 
has prevented me from gaining hi&er-level  employment. The attached documentation of 
achievements proves I am a model citizen, still actively supporting public service including volunteer 
activities I liave not been in any trouble since being discharged from the military and have achieved 
a Bachelor of  Science Degree in Education. In addition, I have an exceptional record in the civil 
service and volunteer as commander for the U S  Coast Guard Auxiliary with approximately 250 
documented volunteer hours and approximately 300 non-d~umented volunteer hours since January 
2003. 

Unfortunately, I have very few records of  the time I was discharged, because I was not permitted to copy any 
documents. However, I do have some character letters fmm senior ranking NCOS dated just before being 
discharged. Please review the attached documentation of accomplishments, which dearly proves my  active 
role as a productive and model citizen and rid my record of the once in a lifetime blemish that hinders 
advancement opportunities to support my country. 

Sincerelv.