t 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNJSSAN 

TYPE GEN 

CmlYS% 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANUATlON 

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RECORD REVIEW 

X 
1  ADDRESS AND OR ORGANUATJON OF COUNSEL 

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VOTE OF THE BOARD 

MEMBER SITTING 

ISSUES  A95.00 

I  INDEX NUMBER 

A67.30 

* 

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1 
1  2 
3 
4 

HEARING  DATE 

CASE NUMBER 

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EXH~HTS S U ~ M ~ T E ~  m THE BOARD 

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ORDER APPOINTNG THE BOARD 
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 APPEARANCE 

12 May 2004 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RA1 I O N U  

FD-2004-00051 

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Case heard at Washington, D.C. 

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 

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

1 

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AFHQ FORM 0-2077, JAN 00 

SECRETARY  O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00051 

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 the  applicant  submitted  no  issues  contesting the equity  or propriety of the discharge, and 
after a thorough  review of the record,  the  Board was  unable to identify any 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 received a 
General Discharge for Misconduct,  specifically, Commission of a Serious offense.  The Board concluded the 
disciplinary infractions were a significant departure from the conduct expected of all military members. 

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 

(Former AB)  (HGH SRA) 

1.  MATTER UNDER RENIEW:  Appl rectd a GEN Disch fr Andersen AFB, Guam on 14 Aug 
98 UP AFI 36-3208, para 5.50.2 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Apr 70.  Enlmt Age: 22 1/12.  Disch Age: 28 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-68,  G-59,  M-54. PAFSC: 4T051 -  Medical Laboratory 
Journeyman. DAS: 3 Mar 97. 

b.  Prior Sv:  (1) AFRes 15 Jun 92 -  19 Oct 92 (4 months 5 days) (Inactive). 

(2) Enlisted as AB  20 Oct 92 for 4 yrs.  Extended 26 Oct 93 
for 5 months.  Svd: 3 yrs 7 months 17 days, all AMS.  AMN  -  20 Apr 93.  A1C -  20 
Feb 94.  SrA -  20 Oct 95.  EPRs: 4,s. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 7 Jun 96 for 4 yrs. Svd: 2 Yrs 2 Mo 7 Das, of which 

AMS  is 2 yrs 0 months 10 days  (excludes 1 month 27 days lost time). 

b.  Grade Status:  AB  -  10 Jul 98 (SPCMO No.6, 8 Aug 98) 

c.  Time Lost:  17 May 98 to 20 May 98 &  26 Jun 98 to 11 Aug 98 (1 month 27 

days) . 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial Order No.6 -  8 Aug 98 

CHARGE I:  Article 128.  Plea: Not Guilty.  Finding: Guilty. 

Specification 1:  Did, at or near Anderson AFB, Guam, on or about 
4 Apr 98, unlawfully strike -in 
his hand.  Plea: Not Guilty.  Finding: Guilty. 

the face with 

Specification 2:  Did, at or near Tamuning, Guam, on or about 9 
May 98, unlawfully kick 
with his foot and unlawf 
his hand.  Plea: Not Guilty.  Finding: Guilty. 

thigh area 
arm with 

CHARGE 11:  Article 134.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at or near Tamuning, Guam, on or about 17 May 
98, unlawfully carry on or about his person a concealed weapon, to 
wit: a Glock 9mm handgun.  Plea: Guilty.  Finding: Guilty. 
Sentence adjudged on 26 Jun 98:  Reduction to Airman Basic, 101 
days confinement, and forfeiture of $300.00 pay per month for two 
months. 

g.  Record of SV: 24 Jun 95 -  23 Jun 96  Elmendorf AFB  5  (Annual) 

24 Jun 96 -  02 Jan 97  Elmendorf AFB  3  (CRO) 
03 Jan 97 -  02 Jan 98  Anderson AFB  5  (Annual 

h.  Awards &  Decs:  JMUA, AFOUA W/1 OLC, AFGCM, NDSM, HSM W/1 BS, AFOSSTR, 

AFOSLTR, AFLSAR, NCOPMER, AFTR. 

i.  Stmt of Sv:  TMS: ( 6 )   Yrs  (0) Mos  (4) Das 

TAMS: (5) Yrs  (7) Mos  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 6 Feb 04. 

(Charge  Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

APARTMENT  OF THE AIR  FOR&--- 

PACIFIC AIR FORCES 

/

"

 

C 

MEMORANDUM FOR AO 0 4  AUG  1998 

FROM:  36 MDOS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Commission of a 
Serious Offense, specifically, Other Serious Offenses.  The authority for this action AFPD 36-32 
and AFI 36-3208, Chapter 5, section H, paragraph 5.52.3.  If my recommendation is approved, 
your service will be characterized as either Honorable or General (Under Honorable Conditions). 
I am recommending your separation be characterized as a General (Under Honorable 
Conditions). 

2.  My reasons for this action are: 

a.  On 26 June 1998, you were convicted by a special court-martial of two specifications 
the face with your 

under Article 128 of the UCMJ, for unlawfblly striking-in 
hand, on or about 4 April 1998, and for unlawfully kickin 
area with your foot and unlawfidly grabbing her left arm with your hand, on or about 9 May 
1998. 

n the left. thigh 

b.  Furthermore, you were convicted of one specification under Article 134 of the UCMJ, 
for unlawfklly carrying a concealed weapon, a Glock 9mrn handgun, on or about 17 May 1998. 

c.  The adjudged sentence consisted of reduction to the grade of Airman Basic, forfeiture 

of $3 00.00 pay per month for six (6) months, four (4) months confinement, hard labor without 
confinement for three (3) months, restriction to base for a period of two (2) months. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial (SPCM) 
jurisdiction or 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 counsel.  Military legal counsel has been obtained to assist you.  I have 
the Area Defense Counsel, 
made an appointment for you to consult Captain 
VIA TELEPHONE at 366-2281, at 1400 hours on Tuesday, 4 August, 1998.  You should call 
Captain 

this time.  You may consult civilian counsel at your own expense. 

5.  You are scheduled for a medical examination on Friday, 7 August 1998 at 0800 hours at 
the 36thMedical Operations Squadron, Physical Exams Section. 

6.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by 7 August 1998, no later than 1630 hours, 
unless you request and receive an extension.  I will send them to the separation authority. 

7.  If you fail to consult or to submit statements on your own behalf, your failure will constitute a 
waiver of your right to do so. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974 as 
explained in AFI 36-3208 and is available for your use in the Unit Orderly Room. 

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

Attachment: 
AF Form 1359 

Commander