AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

PERSONAL APPEARANCE 

I 

, 

I 

RECORDREVIEW 

- 

MEMBER SITTING 

APPLICATION FOR REVIEW OF DISCHARGE 

1  ORDER APPOINTING THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 

PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPEARANCE 

I 

HEARING DATE 

CASE NUMBER 

09 Jun 2005 
, A P P L ~ ~ ~ S , ~ , ~ ~ ~ @ A & W S  

FD-2005-00057 
-  % 
Case heard at Washington, D.C. 

I 

I 

D F O N A L  RATIONAL ARE DISCUpED ON+THE ATTACHED A&  FORCE DISCHARCJE &VIEW  BOARD DECISIONALRATIONALE 
. 

''1 

' 

Names and votes will be made available to the applicant at the applicant's request. 

TO: 

I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

I 
(EF-V2) 

Previous edition will be used 

I 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00057 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  ( D M ) ,   without  counsel,  at 
Andrews AFB on 09 Jun 2005. 

The following additional exhibits were submitted at the he 
Exhibit #6: A 19 May 2005 email message from Mr 

ffering the applicant a job. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge to Honorable is approved, with no change of reenlistment code. 

The Board found through evidence of record and that provided by  applicant, an impropriety that justifies  a 
change of discharge. 

ISSUE:  The applicant's  implicit main  issue is that his discharge was too harsh,  in that  it was based  upon 
interpersonal relations problems he experienced with his former live-in female partner.  The applicant also 
cited that he was "a  complete asset" to his squadron and performed his [military] duties "to the best of [his] 
abilities  at all times."  The records  indicated the  applicant received  two  Article  15s for  twice unlawfully 
pushing  and  striking his  fianck, on  or  about  9  October  1994, and  again  on  or  about  11 December  1994. 
While the DRl3 does not condone the striking of any female by  a male partner, particularly when there are 
height  and  weight  disparities  as  in  this  case,  the  D m  noted  substantial  evidence  of  inappropriate 
provocation by  the  victim  for the events  occurring on or  about  11 December  1994.  The DRl3 lauds the 
applicant's  self-referral for counseling and anger management following the latter  incident.  However, the 
DRl3 was led to believe that more timely counseling or intervention, directed by the applicant's  supervisory 
chain,  could  have  abated  or  prevented  the  incidents  leading  to  the  applicant's  ultimate  discharge.  The 
DRB's  position is supported by  evidence of a supervisory awareness of the  member's  behavior problems, 
based upon the markdown on the applicant's  EPR for "conduct on and off-duty," covering a period well in 
advance  of the  specific  events resulting  in  his  discharge.  Additionally,  although  the  discharge authority 
operated within its rights when introducing the member's  second Article  15, the Board found that reaching 
back to convert an October  1994 incident (which went without action during the member's  deployment) into 
a career-ending Article  15, rendered on or about 9 March  1995, well after the applicant's  return, raises some 
question of fairness to the member. 

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. 

However,  after  collectively  considering all  available facts  and  circumstances  in  the  applicant's  case,  the 
DRl3 concluded that his military service should be characterized as Honorable. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVllEW BOARD 

ANDREWS AFB, MD 

FD2005-00057A 

(Former AMN) (HGH AlC) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl  recfd a Gen Dish fr .Fairchild AFB, 
FL on 27 Mar  95 UP AFI 36-3208, para 5.50  (Pattern of Misconduct) 
Appeals for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 18 Feb 98. 

b.  The AFDRB reviewed case on 22 Apr 98 (non-appearance 
with counsel) &  concluded applicant's  discharge should not be 
changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 3 Feb 
05.(Change  Discharge to Honorable) 

ISSUE:  I am currently working for the DOD as an Army 

contractor in Iraq.  I work for KBR/LSI under a year contract  in 
KurKuck.  I am seeking an upgrade due to greater responsibility 
of my work enviro~ment in Iraq and for doing a service to my 
country. 

Atch 
None. 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB, MD 

(Former  AMN) 

1.  MATTER  UNDER  REVIEW:  Appl  r e c ' d   a   GEN  Disch  f r  USAF  95/03/27  UP  AFI  36-3208, 
p a r a   5 . 5 0   ( P a t t e r n  of    is conduct).  A p p e a l s   f o r   H o n o r a b l e   D i s c h .  

2 .   BACKGROUND: 

a .   DOB:  73/12/09.  Enlmt  Age:  1 8   5 / 1 2 .   Disch  Age:  2 1   3 / 1 2 .   Educ:  HS  DIPL. 

E-60.  PAFSC:  21431  -  G e n e r a l   P u r p o s e   V e h i c l e  

AFQT:  N/A  M-66,  A-51,  G-57, 
A p p r e n t i c e .   DAS:  93/02/28. 

b.  P r i o r   Sv:  AFRes  9 2 / 0 5 / 1 2   -  9 2 / 0 9 / 2 3  

( 4   months  11  d a y s )  ( I n a c t i v e ) .  

3.  SERVICE  UNDER  ReVIEW: 

a .   Enld  as:  AB  9 2 / 0 9 / 2 9   f o r ( 4 )   Y r s .   Svd:  2   Y r s   11  Mo  5   Das,  a l l  AMS. 

b.  Grade  S t a t u s :   AMN  -  9 5 / 0 3 / 0 9  

(ART  1 5 ,   9 5 / 0 3 / 0 9 )  

c .   T i m e   L o s t :   n o n e .  

d .   A r t   1 5 ' s :  

(1) 9 5 / 0 3 / 0 9 ,   F a i r c h i l d   AFB,  WA  -  You  d i d ,   o / a   9   O c t   94, 

- 
u n l a w f u l l y   p u s h   and  s t r i k e   --------- .  Rdn  t o  Amn.  (No 
a p p e a l )  (No  m i t i g a t i o n )  . 

( 2 )   9 4 / 1 2 / 2 2 ,   F a i r c h i l d   AFB,  WA  -  You  d i d ,   o / a   11  Dec  94, 
u n l a w f u l l y   s t r i k e  A1C  ---------  i n   t h e   s i d e   w i t h   t h e  
b a c k   o f   y o u r   hand,  a n d   p u s h   h e r   a g a i n s t   t h e   w a l l   w i t h  
y o u r   h a n d s .   Rdn  t o  Amn 
e x t r a   d u t y .   (No  a p p e a l )  (No  m i t i g a t i o n ) .  

( s u s p   ti1  2 1   J u n   9 5 ) ,   a n d   7   d a y s  

e .   CM: 

none. 

f .   Record  o f   SV:  9 2 / 0 9 / 2 9  

F a i r c h i l d   AFB 
( D i s c h a r g e d   from  F a i r c h i l d   AFB) 

94/05/28 

4 

( I n i t i a l )  

g .   Awards  &  Decs:  AFOUA,  NDSM,  AFTR. 

h .  

Stmt  o f   Sv:  TMS: 
TAMS: 

( 2 )   Y r s   ( 1 0 )   Mos  ( 1 5 )   Das 
( 2 )   Y r s   (11) Mos 

( 5 )   Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln 

( D D   RTI  293)  d t d   9 7 / 1 2 / 2 8 .  

(Change  D i s c h a r g e   t o   H o n o r a b l e )  

I s s u e   1: 

I  was  d i s c h a r g e d   f r o m   t h e   A i r   F o r c e   d u e   t o   my  r e l a t i o n s   w i t h   ----- 

, which  n o   l o n g e r   e x i s t s .  

I  p e r f o r m e d   my  d u t i e s   t o   t h e   b e s t   o f   my  a b i l i t i e s   a t  

all times.  I was a complete asset to my squadron due to my effiecy.  I have all 
ready been punished by not completing my Air  Force goal. 

ATCHS 

none. 

98/02/18/ia 

PROM: 92 TRNS/CC 

S U I ~ J E ~ * :  

Notification Letter 

- 

I m recommending your discharge from the United States Air Force for a pattern of 

1. 
zxxkmmduct,  The authority for this olction is MI  36-3208, paragraph 5.50,  If my 
reemm-on 

is appved, your service will be charactP;riZie61 by a gerreral 

2. My mscms for this adoo m: 

a.  On or about 1 1 D m m b  1993, you u n l a ~ ~ l y  

struck Amn 

'n the side' 

Article 15 dated 27 
ofahnm d 7 days extra duty.  An m f h y d l e  informdon file was zllso established 

1994.  Funisbent consislred~f suspended reduction to the grde 

b.  On or about 9 W o k  1994, you unlawfully pushed 
hident, you received an Article 1 5 dated 1 0 &far&  1995. 
t l l e r n o f b a  

. - 

-

.

 

3.  This action wdd result in your sqxmtion with a general discharge. The wmmdd=r 
emmising SPCM jmhiiction or a him authoxity will make ffie final decision in this maerr If 
you are disch;ngBd, you wifl be ineligible fix reenlistment in the Air Fam. 

- 

4.  You have the right to c o d t  cowel. Military kgaf  cowlset has been obtained 
Building 2245 on 

appointment for you to consult ~qpt-at 
hours,  You may consult civilian counsel at your o m  e-xpense. 

5.  You have the right to submit statements in your own behalf.  Any statements you \;ant  the 
separation authority to consider must reach me by 1 %% 
receive an extensidn for good cause shown.  I will send than to Ule separation authority. 

unless you request and 

6. ff you fail to wnsult t=owel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so.  - 

7. You are schedded for a physical examination.  You must report to the 92d Medical Group, 
Phydcaf Exams, Bldg 901 0, Room 1 19 at 0700 hours on  % mcrr 4 5  , for. the examination. 
You must be in uniform and have your medicaI records ~vith you.  If you have any questions 
regding your appointment, call Physical Exams at Ext-5757. 

8.  If you need any assistance with moving yo&.household goods, please contact TMO at Ext- 
5815. 

9.  Any personal information you hrnish in rebuttal is covered by the Privacy Act Statement as 
explained in AF'I 36-3208, attachment 2.  A copy of AFI 36-3208 is available for your use in 
your unit orderly room. 

10.  Execute the attached acknowledgment and return it to me immediately. 

I 

4 Atchs 
1.  Article 15 dated 27 Dec 93 
2.  Article 15 dated 10 Mar 95 
3. kesponse to Article 15 
4.  Investigation Report 

Cominander, 92d TRNS 

. 

. 

.-