EE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ISSUES  A92.21 

IhDEX  %UMBER  A67.90 

HEARING DATE 

20 Aug 2004 

CASE NUMBER 

FD-2004-00191 

Case heard at Washington, D.C. 

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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 RECORDING OF PERSONAL APPEARANCE 

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 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 ( 0M.MAND D K  hE WLI'C,  JRD FLOOR 
JNDREWS 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-2004-00191 

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. 

ISSUES: 

Applicant was discharged for conduct prejudicial to good order and discipline.  The records indicated the 
applicant received an Article 15, four Letters of Reprimand, two Records of Individual Counseling, a Letter 
of Admonishment, and had an Unfavorable Information File for misconduct.  His infractions included five 
instances of failure to go, violating a no contact order, and breaking restriction.  Additionally, member was 
the subject of an investigation by the Air Force Office of Special Investigations; their report chronicled his 
juvenile arrest for assaulting his sister, his civilian arrest for assaulting his wife, and subsequently, eight 
other instances over a 14-month period where he was arrested or cited by several different local law 
enforcement authorities for domestic violence or assault against his then girlfriend.  Member demonstrated a 
severe pattern of escalating violence and in spite of his many arrests was unable or unwilling to change his 
criminal behavior.  The Board concluded the misconduct was a significant departure from conduct expected 
of all military members and applicant's  actions can not be excused.  The characterization of the discharge 
received by the applicant was found to be appropriate. 

Applicant note's  his post-service activities as a possible basis for an upgrade.  Because he received an 
administrative discharge, not a punitive discharge, the Board must find an inequity or impropriety on which 
to base an upgrade; clemency is not available as a reason for upgrading an administrative discharge.  The 
Board noted that the types of offenses applicant was arrested for constitute serious misconduct that is not 
compatible with Air Force standards.  The DRB was pleased to see that the applicant was doing well and is 
positively involved in his community.  However, these activities do not reflect directly upon his period of 
service or offer a basis of inequity or impropriety to warrant upgrade of his discharge.  The Board concluded 
applicant's  misconduct appropriately characterized his term of service. 

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 A1C) 

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Luke AFB, AZ on 30 Oct 01 UP 
AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Aug 80.  Enlmt Age: 18 2/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-50,  G-48,  M-17. PAFSC: 2W131F -  F-16 Weapons Apprentice. 
DAS: 18 Sep 99. 

b.  Prior Sv: (1) AFRes 29 Oct 98 -  30 Mar 99 (5 months 2 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 Mar 99 for 6 yrs. Svd: 2 Yrs 7 Mo 0 Das, of which AMS 

is 2 yrs 6 months 20 days  (excludes 10 days lost time). 

b.  Grade Status:  AB -  26 Sep 01  (Article 15, 26 Sep 01) 

A1C -  14 May 99 

c.  Time Lost:  18 Sep 01 thru 27 Sep 01 (10 days) . 

d.  Art  15's:  (1) 26 Sep 01, Luke AFB, AZ  -  Article 92.  You, having 

not 

knowledge of a lawful order issue 
to have any type of contact with 
order which it was your duty to o 
Avondale, Arizona, on divers occasions between on or 
about 27 Jul 01 and on or about 18 Aug 01, fail to obey 
the same by 
contact with 
Article 134.  You, having 
been restrict 
of Luke AFB, Arizona, by a 
person authorized to do so, did, on or about 19 Sep 01, 
break said restriction.  Reduction to AB.  (No appeal) 
(No mitigation) 

ing in verbal and physical 

e.  Additional:  (Examiner's Note:  The following additional derogatory 

infractions were taken from 56 FW/JA Memorandum For 56 FW/JA, 24 Oct 
01.  Actual documents are missing from the file). 

LOR, 10 JUL 01 -  Failure to go. 
RIC, 02 JUL 01 -  Failure to go. 
LOA, 16 APR 01 -  Failure to go. 
RIC, 10 APR 01 -  Failure to go. 
LOR/UIF, 29 MAR 01 -  Civil arrest for domestic violence, 

assault, and criminal damage. 

LOR, 12 DEC 00 -  Failure to go. 
LOR, 23 JUL  00 -  Civil arrest for domestic violence 

violence and assault. 

f.  CM:  None. 

g.  Record of SV: 31 Mar 99 -  15 Oct 00  Luke AFB  4  (HAF ~ i r )  

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (11) Mos  (22) Das 

TAMS:  (2) Yrs  (6) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 May 04. 

(Change Discharge to Honorable) 

Issue 1:  I would like to change my discharge from Honorable to General 

(sic) to enhance my education.  Since 2001 until now I have grown spiritually, 
mentally, and I've become more mature.  I have realized that my actions in 2001 
were inappropriate, but I have changed those ways.  I now have a wife and three 
kids and I need to better myself and be a good role model for my family and 
provide financially for them.  I would appreciate if you would consider changing 
my discharge to Honorable, so help me be a better man for my family, so that I 
can contribute to my community.  I am a minister of the Lambs Temple, one of the 
three youth ministers.  I tutor in the afternoons after school, and I teach 
youth Sunday School.  I'm also a member of God's Favor, a local gospel group in 
Tallahassee, FL.  So if you would please grant me this opportunity to enhance my 
education it would be appreciated.  Thanks in advance. 

ATCH 
None 

'

 

rX"PARTMENT OF THE AIR F b d  
(

56th Fighter Wing (AETC) 
~ u k e ' ~ i r  Force Base Arizona 

MEMORANDUM FOR 56 F W C  

FROM:  56 FWIJA 

I  FD&B/?( 

2  4 CCT 

1.  ACTION:  This case is before you for review and action in your capacity as the separation 
authority.  The 62 FS/CC recommends the Respondent be separated from the United States Air 
Force with a general discharge without probation and rehabilitation  pursuant to AFI 36-3208, 
paragraph 5.50.2 for a Pattern of Misconduct.  I concur. 

2.  BACKGROUND:  The Respondent is 21 years old and has been on active duty in the United 
States Air Force for approximately 2 years and 6 months.  He is currently servins a 6 year 
enlistment.  His AQE scores are:  Admin - 77; Elect - 50; Gen - 48; and Mech -17.  The 
Respondent's  awards and decorations include the Outstanding Unit Award and the Air Force 
Trainins Ribbon. 

3.  FACTS:  The following actions from the Respondent's current enlistment establish a pattern 
of misconduct under paragraph  5.50.2: 

a.  On 23 Jul 00, the Respondent was arrested by  the Glendale Police for domestic vioIence 
and assault.  He received a Letter of Reprimand.  An Unfavorable Information File (LrlF) was 
established. 

b.  On 12 Dec 00, the Respondent failed to report to his appointed place of duty at the time 

prescribed and received a Letter of Reprimand. 

c.  On 29 Mar 01, the Respondent was arrested by the Avondale Police for domestic violence, 

assault, and criminaI damage.  He received a Letter of Reprimand which was placed in his 
existing UIF. 

d.  On or about 10 Apr 01, the Respondent failed to report to his appointed place of duty at the 

time prescribed and received a Record of Individual Counseling. 

e.  On  16 Apr 01, the Respondent failed to report to his appointed place of duty at the time 

prescribed and received a Letter of Admonishment. 

This work product has been prepared by an attorney in the course of performing legal duties on behalf of a client, and is not to be 

provided to anyone outside the Air Force without approval of the originator or higher authority.  It is exempt from diiciosure under the 
Freedom of Information Act under 5 U.S.C. §55t(b)(5) and protected from release under FRCP 26(b)(3). 

--Attorney Work hoduct- 

f.  On 2 Jul 01, the Respondent failed to report to his appointed place of duty at the time 

prescribed and received a Record of Individual Counseling. 

g.  On  10 Jul 01, the Respondent failed to report to his appointed place of duty at the time 

prescribed and received a Letter of Reprimand. 

h.  Between on or about 27 Jul01 and on or about 18 Aug 01, the Respondent failed to obey a 

lawful order.  On 19 Sep 01, he broke restriction.  For these offenses, he received an Article 15 
and his punishment was a reduction to E-1. 

4.  RESPONDENT'S MATTERS:  The Respondent has met with military defense counsel and 
waived his right to submit a written statement regarding this discharge action. 

5.  CHARACTERIZATION OF DISCHARGE:  The Respondent's  commander recommends a 
e m  of service.  A general (under honorable 
general service characterization fo 
ate if the airman's service has been honest and 
conditions) characterization of ser 
faithful, and if significant negative aspects of the airman's conduct or duty performance outweigh 
the positive aspects of his record.  The evidence in this case clearly supports the commander's 
ic violence incidents and 
recommendation.  The Respondent has had two serious o 
as received two additional 
received an LOR and a UIF entr'y in  both  instances.  Also, 
Letters of Reprimand, two Records of Individual Counseling, a Letter of Admonishment, and an 
Aritcle  15 during his enlistment.  The negative aspects outweigh the positive aspects of his 
service record; therefore, a general discharge is appropriate. 

6.  PROBATION AND REHABILITATION (P&R):  P&R, in  accordance with A H  36-3205, 
Chapter 7, would be i 
order and discipline. 
efforts and there is no evidence to suggest that further attempts to correct his behavior would be 
effective. 

as been  unwilling or unable to respond to past rehabilitative 

in this case and is clearly contrary to the best interests of good 

7.  LEGAL SUFFICIENCY:  There is a sufficient factual basis to support this discharse. 
Further, this file has been prepared in substantial compliance with the provisions of AFI 36-3208. 
Finally, the Respondent has been  notified of this discharge, has met with the Area Defense 
Counsel and elected not to submit a statement concerning this action.  For these reasons, we find 
this case file legally sufficient. 

8.  OPTIONS:  As the separation authority you have the following options: 

a.  Retain the Respondent; or 

b.  Separate the Respondent with a general discharge: with or without probation and 

rehabilitation; or 

c; Forward the case to 19 AFICC recommending the Respondent receive an honorable 

discharge, with or without probation and rehabilitation; or 

9.  RECOMMENDATION: Based on the foregoing, I recommend you separate the Respondent 
from the United States Air Force with a general discharge without probation and rehabilitation.