AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

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NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

ISSUES  A94.05 

INDEX NUhIBER 

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A67.90 

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1 
2 
3 
4 

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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 
1  TAPE RECOYDING OF PERSONA1  APPEARANCE 

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HEARING D A  . E 
25 Aug 2004 
A P P u y S  ~

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C A S E  MIMHFR 

S m  T B O A R J ) ' S  T)q";j% WnONAL ARE DISCUSSED 9 T H t i A V A W  

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AIR FORCE DISCW$~E l y T p f j C 1 . 4 ~ ~  DECISIONALRATIO~A~ 

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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 

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/ INDORSEMENT 

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DATEq WW004 
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SAFIMRBR  / 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COhIMAND DR. EE  WWG, 3RD FI.OOR 
ANDREWS AFB. MD 10762-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00142 

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

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) but was 
unable to attend and requested his records be reviewed in his absence. 

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. 

ISSUES: 

Issue 1.  Applicant contends that the reasons for his discharge are inconsistent with the actions that 
transpired that day and may have been racially motivated due to the history and documented record of RAF 
Lakenheath, UK.  The records indicated the applicant received one Article 15 for dereliction of duty and for 
causing a disturbance in complete view of the public by swearing at and striking an NCO and resisting 
apprehension, one Letter of Reprimand for inappropriate behavior and disrespect of authority, and one Letter 
of Admonishment for dereliction of duty.  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 and found no evidence in the 
record to indicate that the reasons for his discharge were racially motivated.  The characterization of the 
discharge rcccived by the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to join the reserves, but this is not a matter of inequity or impropriety 
which would warrant an upgrade. 

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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH ~ i s c h  fr McGuire AFB, NJ on 17 Nov 03 
UP AFI 36-3208, para 5.50.2 (Misconduct -  Conduct prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Nov 79. Enlmt Age: 21 10/12. Disch Age: 23 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-65,  G-44,  M-33. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 19 Oct 02. 

b.  Prior Sv: (1) AFRes 18 Oct 01 -  15 Apr 02 (5 months 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Apr 02 for 4 yrs. Svd: 1 Yrs 7 Mo 2 Das, all AMS. 

b.  Grade Status:  AB  -  17 Sep 03  (Article 15, 17 Sep 03) 

A m  -  16 Oct 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Sep 03, RAF Lakenheath, UK -  Article 
received a lawful order from SSgt 
,  a noncommissioned officer, then know by you to 
oncommissioned officer, to stand at the position 
of attention, an order which it was your duty to obey, 
did on divers occasions, on or about 3 Jul 03, willfully 

ing received a lawful order 
a noncommissioned officer, 
oncommissioned officer, to 

put your hands behind your back, an order which it was 
your duty to obey, did, on or about 3 Jul 03, willfully 
disobey the same.  You were, on or about 3 Jul 03, 

tful in language and deportment to ~Sgt- 
, a noncommissioned officer, then known by qou 

to be a noncommissioned officer, who was then in the 
execution of his office, by saying to him, "I don't give 
a fuck," "you ain't gonna do shit," "fuck you, fuck this 
shit, you can't touch me," and "I will fucking hurt you, 
go ahead and touch me," or words to that effect. 
Article 92.  You, who knew of your duties, on or about 3 
Jul 03, were derelict in the performance of those duties 
in that you willfully failed to complete a Random Anti- 
Terrorism Measure as directed, as it was your duty to 
do.  Article 95.  You did, on or about 3 Jul 03, resist 

d you.  Article 

did, on or about 3 Jul 03, assault SSg- 

who then was and was then known by you to be 
a person then having and in the execution of Air Force 
security police law enforcement duties, by striking him 
in the chest.  Reduction to AB, forfeiture of $500.00 
pay, 45 days restriction, 45 days extra duty, and a 
reprimand. (No appeal) (No mitigation) 

e.  Additional: LOA, 02 APR 03 -  Dereliction of duty. 

LOR, 16 MAR 03 -  Inappropriate behavior and disrespect of 

authority. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFBTR, BFPB. 

i.  Stmt of Sv:  TMS: (2) Yrs  (1) Mos  (0) Das 
TAMS:  (1) Yrs  (7) Mos  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Apr 04. 

(Chauge Discharge to Hon.orahle\ 

Issue 1:  I wish to meet with the board to explain the events that led to my 

discharge out of the Air Force.  The reasons for my discharge are inconsistent 
to the actions that transpired that day.  I think some of the motives were 
racially motivated due to the history and documented record of my base.  I would 
like to upgrade my discharge so I may be able to join the reserve and help the 
many soldiers that are fighting for there lives in Iraq.  I feel I can be used 
for the betterment of the country, because I was good at being a cop and I have 
the tactical training and weapons training to be of some service to my fellow 
airman and my country. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

48TH FIGHTER WING (USAFE) 

MEMORANDUM FOR 

FROM:  48 SFSICC 

48 SFS 

SUBJECT:  Notification Memorandum -- Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force for Pattern of 
Misconduct, specifically, Conduct Prejudicial to Good Order and Discipline, in accordance with 
AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative 
Separation ofAirmen, under the provisions of paragraph 5.50.2.  Copies of the documents to be 
forwarded to the separation authority to support this recommendation are attached. 

2.  The basis for this discharge is established by the following misconduct: 

a.  At or near RAF Lakenheath, UK, on or about 3 July 2003, yo.  were derelict io the 

perfomaoce of your dutics Il; that you v;dEiPj  f d d  to cornpieit; a h n c i u i u  Anti-Terrorism 

.  Measure as directed, as it was your duty to do. 

b.  At or near RAF 
order fiom Staff Serge 
a noncomissioned offi 

r about 3 July 2003, you failed to obey a lawful 
a noncommissioned officer, then known by you to be 

position of attention. 

c.  At or near RAF Lakenheath, UK, on 
language and deportment to Staff Sergean 
known by you to be a noncomissioned o 
saying to him, "I don't give a fuck," "you ain't gonna do shit," "fuck you, fuck this shit, you can't 
touch me," and "I will fucking hurt you, go ahead and touch me," or words to that effect. 

03, you were disrespectful in 
a noncomissioned officer, then 
in the execution of his office, by 

ath, UK, on or abou 
Airman First Class 
Forces members, p 

resisted apprehension by 
and Airman First Class 
o apprehend you. 

e.  At or near RAF Lakenheath, UK, on or about 3 July 2003, you assaulted Staff Sergeant 

who then was and was then known by you to be a person then having and in the 
orce security police law enforcement duties, by striking him in the chest.  For 
the conduct at paragraphs 2.a through 2.e, you received nonjudicial punishment dated 17 Sep 03. 

f.  At or near RAF Lakenheath, UK, on or about 30 March 2003, you abandoned your post to 

go eat.  For this you were given a Letter of Admonishment (LOA), dated 2 April 2003. 

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g.  At or near RAF Lakenheath, UK, on or about 16 March 2003, you were derelict in the 

performance of your duties.  For this you were given a Letter of Reprimand (LOR), dated 
1 6 March 2003. 

h.  At or near RAF Lakenheath, U 
inappropriately towards Master Serge 
your were given the same as in paragrah 2.g. 

ruary 2003, you behaved 

e at the position of attention.  For this 

3.  This action could result in your separation with an Under Other T)lan Honorable (UOTHC) 
discharge. I am recommending that you receive a UOTHC discharge.  The commander 
exercising special court-martial 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, 
bonuses, or education assistance funds may be subjected to recoupment. 

5.  You have the right to:  '  ': 

a  Consult legal counsel; 

b.  Present your case to an' administrative discharge board; 

c.  Be represented by legal counsel at a board hearing; 

d.  Submit statements ia y o u  w m  behalf in addition to, or in lieu of, the board hearing; Ed 

e.  Waive any of the above rights. 

6.  You must report to the Physical Exam section at the 48th Medical Group between 1300-1400 
hrs Monday thru Thursday.  At this time, an appointment at Family Practice will be scheduled 
for you.  If you wear eyeglasses, you must bring them with you.  If you are unable to make any 
of your scheduled appointments, you must contact the First Sergeant immediately. 

Area Defense Counsel, Bldg 948 has been 

7.  Military legal counsel, 
obtained to assist you.  An appointment has been scheduled for you on \[AD, Q~J.&oP  Instead of 
the appointed counsel, you may have another, if the lawyer you request is ih the active military 
service and is reasonably available as determined according to AFI 5 1-201, Administration of 
Military Justice.  In addition to military counsel, you have the right to employ civilian counsel. 
The Air Force does not pay expenses incident to the employment of civilian counsel.  Civilian 
counsel, if employed, must be readily available. 

8.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements on your own behalf  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation. If you fail to respond, 
your failure virlll constitute a waiver of the right to the board hearing. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your unit orderly room. 

oard and you fail to appear without good cause, your failure to appear 
your right to be present at the hearing.. 

recommendation results in an approved discharge, you may request that it 
ffice of the Secretary of the Air Force prior to execution. 

ackow]edgment and r e m  it to me immediately. 

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Atta,ihmedts:  . . 
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1. NJP,$td  17 Sep 03,. 
2.; L(j&giJ'i*j;  03, ipg 
3'.  LO%  dtd 1 6 Mqr 03,2pgs 
4.  ~ c k n o w l e d ~ e ~ t  
letter 
5.  Receipt of Notification Letter 
6. Recoupment Letter 
7.  Records Review RIB