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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

/  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 

PERSONAL APPEARANCE 

* 

N4ME OF COUNSEL AND OR ORGANISTION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
X 

MEMBER SITTING 

f 
2 
3 
4 

ORDER APPOINTING 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 RECORDFNG OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

03 Aug 2004 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAI. RATIONAL ,RE  DISCWSSEDON THE ATTACHEDAJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATION.4l.E 

FD-2004-00148 

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1  Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a persona1 appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

.  - . . . . . .  . - - . . . . . 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEMENT 

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- - -. - 

T- 

FROM: 

.  - . . . -  -  . - - 

DATE:  8/3/2004 
. .  . . . . -  - - .  . . - - . . 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REMEW 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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00148 

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 merely  states that he has  grown into a responsible 
adult and would like to move on in his life and do something positive.  The records indicated  the applicant 
received  an Article  15 and two Letters of Reprimand  for misconduct  to include assault and violation  of no 
contact  orders.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities  to  change  his  negative  behavior.  The  Board  concluded  the  misconduct  was  a  significant 
departure from conduct  expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Dyess AFB, TX on 27 Nov 00 UP 
AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable .Involvement with 
Military or Civil Authorities).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Mar 77.  Enlmt Age: 20 6/12.  Disch Age: 23 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-46,  G-65,  M-60. PAFSC: 2A656 -  Aircraft Electrical Systems 
Journeyman. DAS: 6 Oct 98. 

b.  Prior Sv: (1) AFRes 26 Sep 97 -  24 Mar 98  (5 months 27 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Mar 98 for 4 yrs. Svd: 2 Yrs 8 Mo 3 Das, all AMS. 

b.  Grade Status:  AB  -  14 Nov 00  (Article 15, 14 Nov 00) 

A1C-(EPR Indicates): 25 Mar 98-24 Nov 99) 
AMN -  Unknown. 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 14 Nov 00, Dyess AFB, TX -  Article 128.  You did, on or 

about 26 Oct 00, unlawfully strike 
the face, leg, arms and. neck with 
92.  Specif ica 
order issued b 
no contact wit 
27 Oct 00, an 
order which it was your duty to obey, did, on or about 
27 Oct 00, f 
contact with 

me by wrongfully having 

Specification 2:  You, 

ge of a lawful 

n 

to wit: to have 

f a lawful order issued by SMSgt 
to wit: to have no contact with 

duty to obey, did, on or about 30 Oct 00, fail to obey 
the same by 

27 Oct 00, an order which it was your 

Sp 
lawful order 
no contact with 
order which it 
Nov 00, fail 
contact with 
havins knowledae of a lawful order issued bv SMSat 

d 

d 

to have no contact with- 

dated 27 Oct 00, an order which it was your 

duty to obey, did, on or about 8 Nov 00, fail to obey 
the same by wrongfully having contact with- 

Reduction to AB,  and 30 days restriction. 

(No appeal)  (No mitigation) 

e.  Additional: LOR, 05 SEP 00 -  Involvement in improper relationship. 

LOR, 25 AUG 99 -  Assaulting wife. 

f.  CM:  None. 

g.  Record of SV: 25 Mar 98 -  24 Nov 99  Dyess AFB  4  (Initial) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (2) Mos  (2) Das 
TAMS': (2) Yrs  (8) Mos  (3) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Apr 04. 

(Change Discharge to Honorable) 

Issue 1:  I 

am asking the Board to upgrade my discharge to 

Honorable.  Serving in the USAF was a great experience, and has helped my  (sic) 
grown into a'responsible adult.  I am very grateful for what the Air Force has 
~ T v e n  me.  I have encouraged many others to take the path to the Air Force.  I 
would like to move on in my  life, and do something positive.  I believe an 
Honorable discharge would help in the quest.  I thank the Board for there  (sic) 
time and will continue to help promote the Air Force. 

ATCH 
None. 

.  ,.  . "5, 
DEPARTMENT  OF THE AIR  FORCE 

i- 

HEADQUARTERS TTH  BOMB WING  (ACC) 

DYESS AIR  FORCE  BASE TEXAS 

p ~ w y - m , y g  

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MEMORANDUM FOR  AB 0 
FROM:  2 8 BSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for A Pattern of Misconduct - 
Discreditable Involvement With Military or Civil Authorities.  The authority for this action is AFI 36-3208, 
dated 14 Oct 94, paragraph 5.50.1.  If my recommendation is approved, your service will be characterized as 
Honorable or General.  I am recommending that your service be characterized as General (Under Honorable 
Conditions). 

2.  My reasons for this action are: 

1 

a.  You did, on 8 Nov 00, fail to obey a lawful order given to you by SMS 

in that you 

wrongfully contacted-, 
Form 3070, dated 14 Nov 00. 

b.  Youdid,on6 
wrongfully contacte 
Form 3070, dated  14 Nov 00. 

for which you received Article 15 punishment, as evidenced by AF 

a lawful order given to you by SMS- 
for which you received Article 15 punishment, as evidenced by AF 

in that you 

c.  You did, on 30 Oct 00, fail to obey a lawful order given to you by  SMS@- 

in that you 
for which you received Article 15 punishment, as evidenced by AF 

wrongfully contacted 
Form 3070, dated 14 Nov 00. 

d.  You did, on 27 Oct 00, fail to obey a lawful order given to you by SMS 

in that you 
which you received Article 15 punishment, as evidenced by AF 

wrongfdly contacted-for 
Form 3070, dated 14 Nov 00. 

e.  You did, on 26 Oct 00, strik 

on the face, leg, arms, and neck with your fist, for which 

you received Article 15 punishment, as evidenced by AF Form 3070, dated 14 Nov 00. 

f.  You, a married man, did, between on or about 1 Jun 00 and on or about 30 Jun 00, kiss a 17 year old 

lady, for which you were reprimanded, as evidenced by LOR, dated 5 Sep 00. 

g.  You did, on 29 May 99, assault your wife, -for 

which you were reprimanded, as 

evidenced by LOR, dated 25 Aug 00. 

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

Global  Power  for  America 

,-<.- :7!  Fo-q-&,/yg 

ou have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have made 
intment for you to consult the Area Defense Coundel on 16 Nov 00 at 0800 hours.  You may consult 
counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me by 21 Nov 00, at 0800 hours, unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

Ir 

5.  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. 

6.  You have been scheduled for a medical examination on 17 Nov 00 at  0800 hours, at the 7th Medical 
Group Hospital, Physical Exams Section. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as explained in 
AFI 36-3208.  A copy of AFI 36-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledment and return it to me immediatelv. 

Commander, 28 BS 

Attachments: 
1.  Airman's Receipt of 

Letter of Notification 

2.  AF Form 3070, dated 14 Nov 00 
3.  No Contact Order, dated 27 Oct 00 
4.  Sworn Statements from SMS 

5.  7 SFS Report IDY200010036 
6.  LOR, dated 5 Sep 00 
7.  Sworn Statements fro 
8.  Family Maltreatment 

dated 28 Jan 00 

9.  LOR, dated 25 Aug 99 
10. SFS Report IDY 19990602 
11. 

from Amn 

,12. Family Maltreatment Case Management Ltr, dated 30 Jul99 
13. Family Maltreatment Case Management Ltr, dated 25 Jan 99