, 

, 

- 

-  - 

- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

1  AFSNISSAN 

1 

PERSONAL APPEARANCE 

' 

NAME OF COUNSEL AND OR ORGANIZATION 

AMN 
x 

i  RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

TYPE  GEN 

YES 

No 
X 

A94.05 

- 

1  INDEX NU%18ER  A67.10 

I 

I 

EXHIBITS SUBMITTED TO TIIE POARD 

1 I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

07 Dec 2005 
APPLICANT'S ISSUE AND THE B O W S  DECI-AL. 

I  HEAFXNG DATE 
(  Case heard at Washington, D.C. 

I 

CASE NUMBER 

FD-2004-00498 

RATIONAL ARE DISCUSSED ON THF.  AlTACHED AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

I 
I 

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 

I 

TO: 

-  - INDORSEMENT 

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

. --  - - --  - 

DATE:  12/8/2005 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW 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 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00498 

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. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I 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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s.  One for sleeping on his post and the other for domestic battery against 
his spouse.  In addition, he also received four Letters of Reprimand, one Letter of Counseling, and one Letter 
of  Admonishment  for  failure  to  obey  a  lawful  order,  speeding,  reckless  driving  and  failure  to  go.  The 
applicant claims that  he did not commit the offense of domestic violence and bases his issues on that fact. 
The record clearly shows that when the applicant was arrested, he made a statement to the police that he did 
indeed strike his wife.  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  pischarge  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. 

upgrade of discharge, thus the applicant's discharge should not be changed. 

I In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for 
1 Attachment: 

Examiner's Brief 

1 
I 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH SRA) 

MISSING  SOME  DISCHARGE  DOCUMENTS 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Barksdale AB, LA on 6 Oct 04 
UP AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 22 Feb 80.  Enlmt Age: 20 2/12.  Disch Age: 24 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-43,  G-42,  M-45. PAF'SC: 3P051 -  Security Forces Jouneyman. 
DAS: 20 Aug 01. 

b.  Prior Sv:  (1) AFRes 15 May 00 -  02 Oct 00  (4 months 18 days) (~nactive) . 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  03 Oct 00 for 4 years. Svd: 04 Yrs 00 Mo 04 Das, all 

AMS . 

b.  Grade Status:  A m  -  10 Aug 04 (Article 15, 10 Aug 04) 

SrA -  25 Apr 04 
A1C -  25 A u ~  02 
Amn  -  25 Oct 01 (Article 15, 25 Oct 01) 
A1C -  17 NOV 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Aug 04, Barksdale AFB, LA -  Article 128.  You did, 

at or near Bossier City, LA, on or about 18 May 04, 
unlawfully strike your spouse in the face with the palm 
of your hand.  Reduction to A m  and 14 days extra duty. 
Suspended forfeiture of $668.00 pay per month for 2 
months.  (Appeal/Denied) (No mitigation) 

(2) 25 Oct 01, Barksdale AFB, LA -  Article 113.  You, on or 

about 3 Oct 01, being posted as sentinel at Entry 
Control Point 1 of the flightline were found sleeping 
upon your post.  Reduction to A m  and seven days extra 
duty.  (No appeal) (No mitigation) 

e.  Additional: LOA, 28 SEP 03 -  Failure to obey a lawful order. 

LOR, 27 APR 03 -  Failure to Go. 
LOR, 10 AUG 02 -  Failure to keep shot record current. 
LOCI 15 JUL 02 -  Failed to pass fourth QC evaluation. 
LOR, 15 MAY  02 -  Stopped for speeding and reckless driving. 

(MISSING) 

f.  CM:  None. 

LOR, 17 APR 02 -  Failure to obey a lawful Order. (MISSING) 

g.  Record of SV: 3 Oct 00 -  2 Jun 02  Barksdale AFB  2  (1nitial)REF 

3 Jun 02 -  2 Jun 03  Barksdale AFB  4  (Annual) 
3 Jun 03 -  2 Jun 04  Barksdale AFB  3  (Annual) 

h.  Awards &  Decs:  AFOUA, NDSM, AFLSA, AFTR. 

i.  Stmt of Sv:  TMS: (04) Yrs  (04) Mos  (22) Das 
TAMS: (04) Yrs  (00) Mos  (04) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Jan 05. 

(Change Discharge to Honorable.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  DDForm149. 
3.  Letter from Congresswoman Capito. 
4.  Letter from Dad to Congresswoman. 
5.  PA release form. 
6.  Extracts from Discharge Package. 
7.  Bossier City Police Report. 

2 7  JAN  2005 

4 .  

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 end 4 BEFORE completing this application.) 

Form Approved 
 OM^ No. 0704-0004 
m i r e s  Aug 31, 2006 

I 

The public reparLing burdm for  thin collection of information is a b a t e d  to average 30 minutes per response,  hduding h e  tlmc for nviewlng hsin~ctionr, searching edsting data awrcas. 
grtherhra d maintanma the dam needed. .nd c o m ~ k t i n a  m d  reviewii ¶he  c o l l e M  of hfwmatim.  Send mmman. maardna this burden h a t s  M am othU aspect of f h i  w l W i n  
for I n f o r m a h  Opendons a d  Reports 10704-00041. 
of hf&tlors 
1215 Jefferson  Davis Wghway.  Suite 1204. Mmgton, VA  22202-4302.  Respondents shwld be a w e  that  norwlthstanding  any other  provis'mn of law.  no person ahan be wbiest to any 
penahy for faUmg to wmply wim a mPection 
PLEASE DO NOT RETURN YOUR  FORM TO  THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO  THE APPROPRIATE ADDRESS  ON BACK OF THlS PAGE. 

for rducing md burden.  to ~epartm-zm of Defense, Washington Headquarten ~ e r v i c u r ~ i r e ~ o r s t e  

of inforrnatbn If h does not display a armndy valid OMB c o n a ~ l  nurnbar. 

including wgg&'ona 

PRIVACY ACT STATEMENT 

AUTHORITY:  1 0  U.S.C. 1553;  E.O.  9397. 
PRINCIPAL PURPOSEGSI:  To apply for a change in the characterization or reason for military discharge issued to an individual. 
ROUTINE USEISI:  None. 
DISCLOSURE:  Voluntary;  however,  failure t o  provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly t o  assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The  penon whose discharge is  to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH  OF SEAVICE  (X one)  I  1 ARMY 

I  COAST GUAFKI 

NIARINE  CORPS 

( NAVY 

- 

( 

( XI AIR  WRCE 
d 

c.  GRADE1  NK AT DISCHARGE 

E - 2  7 Airman 

2 DATE OF DISCHARGE OR  SEPARATION 

(YYWMMDD) (If dare is more than  15 years 
ago, submit a D  Fom 149) 

o+ R0/.4 

3.  UNIT AND LOCATION A T  DISCHARGE 

OR  SEPARATION 

4.  DISCHARGE CHARACTERlZATlON RECEIVED (X one) 

X 

HONORABLE  CONDITIONS 

HONORABLE 
GENERWUNDER 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only) 
UNCHARACTERIZU) 
OTHER  (Explaint 

5.  BOARD ACTION REQUESTED fX one) 
X 

CHANGE TO  HONORABLE 
CHANGE TO  GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATlVE REASON FOR 
SEPARATION TO: 

I 

I 

I 

I 

7. (X rapplicable/ AN  APPLICATION WAS PREVIOUSLY 6UBMITm3 ON W M M D D I   2004 

AND THlS FORM IS SUBMI-rfED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION. OR  NJDENCE. 

/ 6  BD Fmnr( (9 

8.  IN SUPWRT OF THlS APPLICATION,  THE FOLLOWlNG ATTACHED DOCUMENTS ARE SUBMllTED AS EVIDENCE: (Convnue in ftem  17. 

If m17itary documents or medical records are relevant to your  case, please send copies.) 

~t+kr+ Ctmqresrulcm- 
g h d  m y  chi*  4 ~ S a i r  and  q r 0 ~ ~ 1 ~  

c a p &   w;&  Privacy  ~ c t , R r \ e  G ~ w  

unlus+  ~ m v t ' t + r q ~ .  

-

.

-

.

 

X  CONDUCT A RECORD R M E W  OF MY DISCHARGE BASED ON  MY MILITARY PERSONNEL FILE AND ANY  ADDITIONAL DOCUMENTATION 

SUBMITTED BY  ME.  I AND/OR /counseVrepresentative) WILL NOT APPEAR BEFORE THE BOARD. 
I ANDlDR (counseU'represenraiive~ WlSH TO  APPEAR AT A HEARING AT NO  MPENSE TO  THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  METROPOLITAN AREA. 
I AND/OR IcounseUrwresentarive/ W I S ~  TO APPEAR AT A HWRING AT NO  EXPENSE TO  THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
Discharge ~ & e w  Board does not have a travdmg panel.) 
(enter cihr and statel  . 

(NOTE:  The 

I , , (See ftem 10 of tf~& 

instructions abou?couns&pm~atve./ 

c.  E-MAIL  - 

-

.

 

I 
I 
IUST SIGN IN ITEM 13.a.  BELOW.  If t h e h c o r d  in question is that of a deceased or incompetent person,  LEGAL PROOF OF  I 

d.  FAX  N U M B ~ n d u d e  Area Code) 

I 

DEATH OR INCOMF'EENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant. indicate 

11,  APPUCANT M 

name Ip&nintl 

?. 

and relationship by marking a box below. 

SPOUSE 

WIDOW 

WIDOWER 

NEXT OF KIN 

12.a.  CURRENTMAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

and  7001, provide that an individual shall be finedunder this title or imprisoned not more than 5 years, 
or both.) 

( 
I a;  ' SIGNANRE - REQUIRED L4pplicanr or person in Item  1 1 above) 

1 b.  DATE SIGNED - REQUIRED 

d.  FAX NUMBER ~lnclude  r  Code) - fl- 
- -   - 

I 

- 

1 
I  -e- ~ A A ~ J  2  I 

(Do not write in this s~ace.1 

CASE NUMBER 

lairn,  with full knowledge of the 
S.  Code,  Tdle  18, Sections 287 

14. CONTINUATION OF mM  6,  ISSUES (If applicable/ 

1 foe\+Ld r d e c i s i m   made  4~  e d  m y  m : l ; b r y   car*? 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
. 
9700 Page Avenue 
St. Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mil) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
550-C  Street West, Suite 40 
~andoiih AFB, TX  781 50-4742 

I 

I 
D D  FORM 293. AUG 2.003 

. 

. 

I 

I 

N A W  AND MARINE CORPS 
. - 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W.  Room 5500 
Washington, DC  20593 

I 

1 
Page 2  of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D BOMB WING 

BARKSDALE AFB, LOUISIANA  71110 

MEMORANDUM FOR I-! 

FROM:  2 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct:  minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation ofAirmen, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason foi this action is: 

a.  On or about 18 May 04, you unlawfully struck your spouse 

with the palm of your hand.  For this incident, you received 
04. 

in the face 

b.  On 28 Sep 03, you failed to obey a lawful order to detail-clean the up-armored HMMV7s 
assigned to the WSA interior patrols.  For this incident, you received a Letter of Admonishment, 
dated 28 Sep 03. 

. 

c.  On 24 Apr 03, you reported late for a scheduled EOC test, resulting in you not being able to 

take your EOC test.  For this incident, you received a Letter of Reprimand, dated 27 Apr 03. 

d.  On 7 Aug 02, you failed to meet a suspense to update your annual shot records.  For this 

incident, you received a Letter of Counseling, dated 10 Aug 02. 

e.  On  12 Jul02, you failed your second Quality Control (QC) practical evaluation for the 

position of Response Force Member.  Including two verbal (QC) failures for the position of Close 
in Sentry, this was a total of four failures.  For these incidents, you received a Letter of Counseling, 
dated 15 Jul02.  . 

f.  On 12 May 02, you were stopped by a Law Enforcement patrol for excessive speed and 

reckless operation of a vehicle.  For this incident, you received a Letter of Reprimand, dated 15 
May 02. 

g.  On 17 Apr 02, you had to be relieved off post to accomplish required tasks prior to a 

mandatory PHA appointment scheduled for 18 Apr 02.  Your failure to accomplish these tasks in 
advance of the appointment as instructed adversely effected the post rotation of your peers.  For 
this incident, you received a Letter of Counseling, dated 17 Apr 02. 

h.  On 3 Oct 01, you were found sleeping on duty while posted a sentinel at Entry Point 1 of the 

flightline.  For this incident, you received Nonjudicial Punishment, dated 25 Oct 01. 

3.  You have the right to consult counsel.  Mi 
have made an appointment for you to consult 
Floor, on  \C Scp GY  , at  0 33 6 
h 
expense. 

ained to assist you.  I 
Bldg. 4714, Third 
ounsel at your own 

4.  You have the right to submit statements in your own behalf. 
separation authority to consider must reach me by/ a, ZoS- 
receive an extension for good cause shown.  I will send them tothe s'eparation authority. 

tatements you want the 
unless you request and 

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 exarninati  n  You must report to 2d Medical Group, 
243 Curtiss Rd.,  Suite 100 on 
medical records to appointments. 

1 b 5 t h  at  B %&' 

hours for the examination.  Bring 

7.  Any personal information you fhmish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use at AF PUBS site. 

8.  Execute the attached acknowledgment and return it & me immediately. 

Attachments: 
1. Receipt of Notification Memorandum 
2.  Supporting Documents