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ORDER APPOMTMG 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 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

09 Nov 2005 
APPLICAKl'S ISSUE AND T I E  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON TIE ATTACHED AIR  FORCE DISCHARGE REVLEW BOARD DECISIONAL RATIONALE 

FD-2005-00157 

I Case heard at Washington, D.C. 

I 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to 
submit an application to the AFBCMR. 

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

TO: 

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

JNDORSEMENT 

I 

FROM: 

.  . .L 

. - - - 

- - . . . - - 

DATE:  1119R005 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMhIAND DR.  EE  WING. 3 W  FLOOR 
AhDREWS AFB, hlD 211762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-oo157 

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  applicant  substantiates  an 
impropriety that would justify a change of discharge. 

ISSUE:  Applicant  contends his discharge resulted  from a civil matter between  him  and his spouse and he 
successfully completed his first-term of service with an honorable discharge.  Member states if he had been 
given  the  opportunity  to  complete  his  second  enlistment  he  would  have  received  another  honorable 
discharge.  The records indicated the applicant received two Article  15s, one Letter of Reprimand, and three 
civilian  police  reports.  His misconduct  included  multiple  incidents  of  assault  and violations  of  domestic 
orders, battery,  failure to report to an adult detention  center,  and a civilian court conviction  for assault. The 
DRB  opined  that  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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH SR4) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Cannon AFB, NM on 8 Jul 04 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: 7 Apr 76.  Enlmt Age: 21 5/12.  Disch Age: 28 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-54,  E-72,  G-53,  M-53. PAFSC: 2A352 -  Avionics Systems 
Journeyman. DAS :  9 Jun 03. 

b.  Prior Sv: (1) AFRes 3 Oct 97 -  3 Feb 98 (4 months 1 day) (Inactive). 

19 days, all AMS.  AMN -  4 Aug 98.  A1C -  4 Jun 99.  SrA -  4 Feb 01.  EPRs: 
3,4,4. 

(2) Enlisted as AB 4 Feb 98 for 4 yrs.  Svd: 3 yrs 11 months 

3.  SERVICE  UNDER  REVIEW: 

a.  Reenlisted as SrA 24 Jan 02 for 6 yrs. Svd: 2 Yrs 5 Mo 14 Das, of which 

AMS is 2 yrs 3 months 13 days (excludes 2 months 1 day lost time). 

b.  Grade Status:  Amn  -  30 Mar 04 (Article 15, 30 Mar 04) 

c.  Time Lost:  16 Mar 04 thru 15 May 04 (2 months 1 day) 

d.  Art 15's:  (1) 30 Mar 04, Cannon AFB, NM -  Article 92.  You, who knew 

of your duties at or near Clovis, New Mexico, on or 
about 16 Mar 04, were derelict in the performance of 
those duties in that you willfully failed to report to 
the Curry County Adult Detention Center, as it was your 
duty to do.  Reduction to Airman, and a reprimand. 
(Appeal/Denied) (No mitigation) 

(2) 31 May 03, Osan AB, Korea -  Article 134.  You, were at 

or near Clovis, New Mexico, on or about 6 Feb 03, 
disorderly which conduct was of a nature to bring 
discredit upon the Armed Forces.  You, did, at or near 
Clovis, New Mexico, on or about 25 Feb 03, wrongfully 
violate a Domestic Violation Order issued by Curry 
County in the State of New Mexico, which conduct was to 
the prejudice of good order and discipline in the Armed 
Forces.  Suspended reduction to AlC.  Restriction to 
Base for 45 days, and 45 days extra duty. 
(Appeal/Granted) (No mitigation) 

e.  Additional: Police Report, 14 MAR 04 -  Violation of a Domestic Order 

Police Report, 24 SEP 03 -  Battery against a household 

and assault. 

Police Report, 30 AUG 03 -  Violation of a Domestic Violence 

LOR, 23 APR 02 -  Convicted in civil court for assault. 

Order. 

member. 

f.  CM:  None. 

g.  Record of SV: 04 Oct 01 -  15 May 02  Cannon AFB  4  (CRO) 

16 May 02 -  15 May 03  Osan AB 
16 May 03 -  15 May 04  Cannon AFB  1  (Annua1)REF 

3  (Annual) 

h.  Awards &  Decs:  AFTR, AFLSAR, NDSM, AFOSLTR, AFEM, AFGCM. 

i.  Stmt of Sv:  TMS:  (6) Yrs  ( 7 )  Mos  (5) Das 
TAMS: (6) YrS  (3) Mas  (4) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Apr 05. 

(Change Discharge to Honorable) 

Issue 1:  The discharge resulted from a civil matter between myself and my 

spouse.  My  first enlistment ended in an honorable discharge and I have no doubt 
that the second would have had I had the opportunity to complete my tour. 
Currently, I have no pending issues.  I wish I was about to remove myself  from 
my ex-wife.  If so I feel I would still be in the U.S. Air Force today. 

ATCH 
1. 12 AF/CC Ltr, 01 Jul 04. 
2. Honorable Discharge Certificate. 
3. Air Force Good Conduct Medal. 

DEPARTMENT OF THE AIR FORCE  F0;.635  - 0 0137 

HEADQUARTERS 27th FIGHTER WING (ACC) 

CANNON AIR  FORCE BASE NEW MEXICO 

FROM:  27 AMXSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, a pattern of misconduct prejudicial to good order and discipline.  The authority for 
this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  Copies of the documents to be 
forwarded to the separation authority to support this recommendation  are attached. 

2.  My reasons for this action are: 

a.  On or about  10 Mar 02, you assaulte- 

by  forcibly removing her 

engagement ring from her hand, and slapping her across the face, as evidenced by a Police Report 
dated  10 Mar 02 and a record of your guilty plea in  Clovis Magistrate Court.  Because you were 
confined in  the Curry County Adult Detention Facility, you were unable to attend a scheduled 
FTD class on  1 1 Mar 02, as evidenced by a Letter of Reprimand dated 23 Apr 02. (Atch a) 

b.  On or about 6 Feb 03, you promised to take your wife to a friend's  house after an  argument 

ensued between the two of you.  On  the way, you  stated you wanted to talk with your wife and 
proceeded past her friend's house.  Your wife demanded she be let out of the car and when she 
attempted to exit the vehicle, you grabbed her hands. prevented her from leaving, and scratched 
her in  the process, as evidenced by  a Police Report dated 7 Feb 03, a record of dismissal of 
charges in Clovis Magistrate Court to allow the Air Force to assume jurisdiction, and an  Article 
15 action, dated 3 1 Mar 03.  On or about 25 Feb 03, you violated a domestic violence order by 
forcing your way  into your wife's  house and yelling at her, as evidenced by a Police Report dated 
25 Feb 03 and an  Article  15 action dated3 I  Mar 03. ( ~ t c h  b) 

, 

c.  On or about 30 Aug 03, you grabbed your wife's  arm and spilled a drink on her at Kelly's 

Bar.  When she left, you  followed her to a residence, pulled up into the front yard, and began 
blowing your horn.  You then parked your car in the middle of the street, as evidenced by a 
Police Report dated 30 Aug 03.  Although you  were found not guilty of battery and violating a 
protection order, as evidenced by a record from Clovis Magistrate Court, your actions were 
clearly inappropriate. (Atch c) 

, 

d.  On  or about 22 Sep 03, you sucked on your wife's  neck, leaving a large mark, and bit the 

side of her stomach, also leaving a mark.  On or about 24 Sep 03, you pushed 
through a doorway and grabbed and pushed your wife. who was holding her two-year-old child. 
through a doorway, as evidenced by a Police Report dated 24 Sep 03.  You pled no contest to 
battery against a household member, and child abuse and battery charges were dismissed, as 
evidenced by a Record from Clovis District Court. (Atch d) 

e.  On or about 14 Mar 04, you entered your wife's  home without her permission and in 
in a headlock, as 

violation of a domestic violence order.  You also placed her frien 
evidenced by  a Police Report dated  14 Mar 04. (Atch e) 

f.  On or about 16 Mar 04, you were released from duty early at 0830 hours after agreeing to 

voluntarily turn yourself into the Cuny County Adult Detention Center at  1100 hours.  You 
failed to turn yourself in as promised and your whereabouts were unknown until approximately 
1900 hours, after which you  were escorted to the Detention Center, as evidenced by a statement 
dated 17 Mar 04, a Police Report dated  16 Mar 04, and an  Article  15 action dated 30 Mar 04. 
(Atch f) 

3.  This action could result in your separation  with an under other than honorable conditions 
(UOTHC) discharge.  I am recommending that you receive a general (under honorable 
conditions) discharge.  The commander exercising SPCM 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. 

4.  You have the right to: 

a.  consul tllegal counsel. 

b.  Present your case to an  administrative discharge board. 

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

d.  Submit statements in your own behalf in addition to, or in  lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision 

to waive any of your rights. 

5.  In the event that you are discharged a medical examination will be scheduled for you. 

6.  Military legal counsel, bldg 600, x29 15 has been obtained to assist you.  Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 5 1-201.  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. 

7.  Confer with your counsel and reply. in  writing, within 7 duty days, specifying the rights you 
clioose to exercise.  The statement must be signed in  the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in 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 will constitute a waiver of the right to the board hearing. 

8.  If you received educational assistance, special pay, or bonuses, and have not completed the 
period of active duty you agreed to serve, you may be subject to recoupment. 

9.  Any personal information you furnish i n  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 or you may download a 

. -  copy from http://afpubs.hq.af.mil/. 

10.  If  you  request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

11.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
a.  Police Report dated  I0 Mar 02, Record of Guilty Plea, and Letter of Reprimand dated 23 Apr 
02 
b.  Police Report dated 6 Feb 03, Record of Dismissal of Charges in Clovis Magistrate Court, 
Police Report dated 25 Feb 03, and Article  15 action dated 3 1 Mar 03 
c.  Police Report dated 30 Aug 03 and Record from Clovis Magistrate Court 
d.  Police Report dated 24 Sep 03 and Record from Clovis District Court 
e.  Police Report dated 14 Mar 04 
f.  Statement dated  17 Mar 04, Police Report dated  I 6 Mar 04, and Article  15 action dated 30 
Mar 04 

...