* 

AIR FORCE DJSCYHARGE REVIEW BOARD H E A R I N G  RECORD 

NAML O k  SEKVI('E  hlEMBEK (LASI', FIRS I  h1lDDI.F. Ihl'l IAL) 

/  AFSNRSSN 

. *~-.-- 

7 

- 

..  - 

. - 

- 
'TYPE  GEN 
C*uNsEu 
No 
X 

YES 

PERSONAL APPEARANCE 

NAhlE OF COUNSEL AND OR ORGANI7,ATlON 

. . . . 

-. 

RECORD REVIEW 

MEMBER SITIINC; 

.- 

- 

-- -- 

- - . . . . 

. 

t ION 

ADDRESS AND OR ORC;ANUATION  OF CI)IINliEL 

-  -. ., , 1"- 

VOTE OF THE BOARD-- 
--- 
O I I  IER 

. . . . 
CEN 

. 

UDTHi: 
- 

. .  .-  .- 

T-- 

131-:NY 

.- 

X 

-- 

- 

- 

.. 

. 

-.-- 

-.  . . 

.. 

ISSUES 

A93.01 
A94.05 
A93.09 

(  HEARING  DATE 

ORDEK APPOINTING THE ROAKL) 
MPLlCATlON FOR  KEVIEW O F  DISCHAKCiE 

- ." 

PERSONAL APPEARANCE 

.- 

.> 

I 

/  CASE NIIMIIER 
FD-2005-00159 

I 

I 
1 

07 Dec 2005 
.WPLICANT'S ISSUE ANDTHEBOARD'S  DECISlONALRATlONAl  AKb  UISCUSSED ON THE AT1 A< H t U  AIR FORCE DlSCllARGF  KI*VlbW HOARD DEiClSlONAL RAIIONALE 
I  Case heard at Washington. D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance \vith/without  counsel, and the right to 
subinit an application to the AFRCMR 

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

TO: 

I 

S.4FIMKUK 
550 C:  STRFE'I' WES'I, S1.IIl.E 40 
RANI)OI.I'H  AFH, I X  78150-4742 

AFHQ FORM 0-2077, .IAN 00 

c F C R I l A H I   OF  THE  \IRFORf  I  PLHSOI\YELCOUN(  I1 
\IR  FORCF  Dl\(  HARCE REVIF\\  ROARD 
1535 (:OMMl\ND  DR.  EF. WIN(;,  3RD FLOOR 
ANUREU'S AFA. MD 20762-7002 

I_-_ . - 
(EF-V2) 

Previous c d l t ~ o n  will  hc used 

J 

AIR FORCE DISCHARGE REVIEW HOARD I)F.CISIONAI,  RATIONALE 

CASK NIIMBI. H 

FD-2005-00159 

GENERAL:  The applicant appcals fbr upgrade oS tlischarge to honorable. 

Thc applicant was offered a personal  appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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

FINUINGS:  Upgrade of dischargc is denied. 

The  Board  finds that  neither  thc  evitience  of  record  nor  that  provided  by  the  applicant  substantiates  an 
incquity or impropriety that would justify  a changc of discharge. 

ISSUE 1:  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated the 
applicant received two Article  15s.  One for unlawSully choking another Airman and  for willfully  damaging 
a telephone by  ripping it o u t  of thc wall.  Thc other one for being disrespectful in language toward  a C'MSgt. 
The DRB opined that through these  administrative actions, the applicant had ainplc opportunities to change 
his  negative  behavior.  The  Board  concluded  the  misconduct  was  a  significant  departure  fi-om  conduct 
expected  of all military members.  The characterization of the discharge received by the applicant was found 
to be appropriate. 

ISSUE 2 , 3 , 5 , 1 0  and  14:  Applicant states that his discharge did not take into account the good things he 
did whilc in the service. to include receiving several awards. The DRB took note of the applicant's duty 
performance as documented by  his pcrformance reports, letters of'recomn~cndation and other 
accon~plishments. l'hcy Sound the seriousness oS the willful misconduct ol'fset any positive aspects ol' the 
applicant's duty performance.  'I'he Board concluded the discharge was appropriate for the reasons which 
were the basis for this case. 

ISSUE 4 applies to the applicant's post-service activities.  The DKH was pleased to see that the applicant 
was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or 
Ibund in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately 
characteri~ed his term oS service. 

ISSUE 6.  Applicant coiltends that he should not be penalized indefinitely for a mistake he made when 
young.  The DKB recognized the applicant was 22 ycars ol'age  when the discharge took place.  However, 
tllcre is no evidence he was immature or did not know right from wrong.  The Board opined the applicant 
was older than the vast majority of first-term members who properly adhere to the Air Force's  standards of 
conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to 
the misconduct. 

ISSUE 7 and 8 are without merit.  The case went through legal sufficieilcy and handled properly.  Each case 
is handled differently and cannot be compared to another case. 

ISSUE 9, 11 and  12:  The DRB took note of the applicant's personal and financial problenls and his 
background and found that these issues arc not a matter of inequity or impropriety.  The Board concluded the 
dischargc was appropriate for the reasons which were tlle basis for this case. 

ISSUE 13:  The applicant cited his desire to receive the (3.1. 13ill benefits as justification  for upgrade.  The 
DRR noted that when the applicant applied for these benefits, he signcd a statement (DD Forin  2366) that hc 
understood he must receive an Honorable discharge to receive Silture educational entitlements.  The Board 
was sympathetic to the impact the loss of these benefits was having on the applicant, 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  or the 
discharge authority and that the applicant was provided full administrative due process. 

In  view of the foregoing findings the Hoard 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 

AIR FORCE DISCHARGE  REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH SRA) 

I.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Nellis AFB, NV  on 17 Sep 03 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Mar 81.  Enlmt Age: 19 4/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-84,  E-81.,  G-66,  M-85. PAFSC: 2W151 - Aircraft Armament Systems 
Journeyman.  DAS: 13 Feb 01. 

b.  Prior Sv:  (1) AFRes 14 Jul 00 -  24 Jul 00  (11 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Jul 00 for 6 years. Svd: 03 Yrs 01 Mo 23 Das, all 

M S .  

b.  Grade Status:  Amn  -  12 Aug 03  (Article 15, 12 Aug 03) 

SrA -  09 Feb 03 
A1C -  08 Sep 00 

c.  Time Lost:  None 

d.  Art 15's:  (1) 12 Aug 03, Nellis AFB, NV  -  Article 91.  You, on or 

about 18 Jul 03, were disrespectful in language toward 
CMSgt Clinton Bess, a noncommissioned officer, then 
known by you to be a superior noncommissioned officer, 
who was then in the execution of his office, by saying 
to him, "I don't know what you are smiling about.  I'm 
not a piece of fucking shit" and "I'm tired of everybody 
treating me like I'm a fucking piece of shit," or words 
(Appeal/Denied) (No 
to that effect.  Reduction to Amn. 
mitigation) 

(2) 09 Aug 02, Nellis AFB, NV  -  Article 128.  You did, on 
or about 1 Aug 02, unlawfully choke A1C Tobias Mendoza 
Jr. aroung the neck with your arm.  Article 108.  You 
did, on or about 1 Aug 02, without proper authority, 
willfully damage a telephone by ripping it out of the 
wall, the telephone being millitary property of the 
United States, the amount of said damage being in the 
sum of less than $100.00.  Suspended reduction to Amn. 
Forfeiture of $250.00 pay per month for two months. 
Fourteen days extra duty and Reprimand.  (No appeal)  (No 
mitigation) 

e. 

Additional: None. 

f.  CM:  None. 

g.  Record of SV: 25 Jul 00 -  25 Mar 02  Nellis AFB  4  (Initial) 

26 Mar 02 -  25 Mar 03  Nellis AFB  3  (Ilnnua1)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/1 BOLC, AFOEA. 

i.  Stmt of S v :   TMS:  (03) Yrs  (02) Mos  (04) Das 
TAMS:  (03) Yrs  (01) Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Mas 05 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues 
2 .   Four letter's of S 
3.  Letter from Senator 
4.  DD Form 214. 
5.  Authorization of Release of Confidental Information. 

i 

I 
DEPARTMENT OF THE AIR FORCE 
5 T H  AIRCRAFT MAINTENANCE SQUADRON (ACC) 

f 

NELI-IS AIR FORCE BASE, NEVADA 

MEMORANDUM FOR A m  

FROM:  57 AMXSICC 

0 4  SEP  2003 

SUBJECT:  Notification  Memorandum - Administrative Discharge AFI 36-3208 

1.  I am recommending you for discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Administrative 
Separation of  Airmen, paragraph  5.49.  If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  You did, at or near Nellis Air Force Base, Nevada, on or about 1 Aug 02, unlawfully choke 
Airman First Class 1 around the neck with your arm.  For your actions, you were 
punished under Article 15, Uniform Code of Military Justice (UCMJ) on 9 Aug 02 consisting of a 
suspended reduction to the grade of airman, forfeiture of $250.00 pay per month for 2 months, 14 
days extra duty, a reprimand, and an Unfavorable hformation File (UIF) was established; 

b.  You did, at or near Nellis Air Force Base, Nevada, on or about 1 Aug 02, without proper 
authority, willfully damage a telephone by ripping it out of the wall, the telephone being military 
property of the United States, the amount of said damage being in the sum of less than $100.00.  For 
your actions, you were punished under Article  15, UCMJ on 9 Aug 02 consisting of a suspended 
reduction to the grade of airman, forfeiture of $250.00 pay per month for 2 months, 14 days extra 
duty, a reprimand, and a UIF was established; and 

c.  You, at or near Nellis Air Force Base, Nevada, on or about 18 Jul03, were disrespectful in 

a noncommissioned officer, then known by you to be a 

language toward CMS~~- 
superior noncommissioned officer, who was then in the execution of his office, by saying to him, "I 
don't know what you are smiling about.  I'm not a piece of fuclung shit" and "I'm tired of everybody 
treating me like I'm a fucking piece of shit," or words to that effect.  For your actions, you were 
punished under Article 15, UCMJ on  12 Aug 03 consisting of a reduction to the grade of ,airman and 
this action was placed in your existing UIF. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation  are attached.  The commander exercising special court-martial jurisdiction  or a 
higher authority will decide whether you will be discharged or retained in the Air Force, and, if you 
are discharged, how your service will be characterized.  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 consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 on 
XJcfl  ol at  /+' 

hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  You have three (3) duty days 
from the date/time served to submit statements in your behalf.  ~ n y  
statements you want the 
separation authority to consider must reach me by  9 fy 03 
at  / 73 8  hours unless you 
request and receive an extension for good cause shown.  I will send them to the separation authority. 

- - 

--  - 

6.  In the event the commander exercising special court-martial jurisdiction or a higher authority 
approves your discharge,' separations will out-process you.  Your initial separations briefing is 
scheduled for  5 ' c @ ~  03 on  0 8 0 0  

hrs. 

7.  Lf you fail to consult or to submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 

8.  You have been scheduled for a medical  examination at the 99th Medical Group on  9s  Ql 
0770 hrs. @ pd/;c He4  J* 

+' 

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. 

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

Attachments: 
1. Article 15, 9 Aug 02 
2.  Article 15, 12 Aug 03 
4.  A F  Form 1 137 

Commander 

.,<. 

0 4 / 0 6 / 2 0 0 5   0 8 : 2 0   FAX  6 4 1   4 2 3   7514 

BERGLAND  &  CRAM 

Dumont, IA 50625 
(641)  857-3549 

Dear Discharge Review Board: This list of issues are supplement to DD Form 293, page 
1, item 6. It will o u t h e  in detail the reasons I believe you should award me an upgrade 
fkom General to an Honorable Discharge. If you disagree, please explain in detail why 
you disagree. The presumption of regularity that might normally permit you to assume 
that the Air Force characterized my senice in the manner they did does not apply to my 
case becauss o f  the evidence I am submitting. 

1.  Clemency is warranted because it is an injustice for me to continue to suffer the 
adverse consequences of a bad discharge. It is in common belief among all who 
h o w  me that their characterizing me in such a way was an injustice, as stated in 
letters submitted for your review by those who served with me at the time. I was 
often placed in charge of sensitive maintenauce practice where only a skilled, 
competent, and worthy individual would suffice, This is why I suffer from the 
injustice of a General Discharge, 

2.  My EPR reports which reflected a less than favorable report where flawed. The 
numerical scores depict poorIy while the written statemmts evoke high scores 
with statements such as: ''performs  efficiently and professionally all tasks 
presented to him".  I believe my EPRs where flawed and did not represent me 
correctly. 

3.  I received National Defense Service Medal, Air Force Outstanding Unit Award 

with one device, Air Force Organizational ExcelIence Award, and countless 
Letters of Commendation from my Training Commander Lt. Col, Lewis, and 
from my Flight Chief. Receiving these awards demonstrates my ability to work 
with others and perform a job with excellence. 

4.  I have been a good citizen since 1 let the military. Xn support of this I have 

included letters eom my most recent employers. 

5.  I joined the military for the most sincere of reasons- 1 wanted to make a difference 

in my country's military. 

6. My choices during my service where impaired by my maturity- this has becn 

remedied with time and experience. If given mother chance I am more than sure 
that 1 would be able to keep my nose clean and avoid the problems I had before. 
7.  Because my discharge was not correctly handled by those in charge of me or the 

proceedings Icading to my discharge. A miscommunication on the part of my 
flight chief and those appointed to supervise me lead to my being late for my 
appointment with the commander possibly ill-affecting his decision. Also, I was 
put back ta working with dangerous equipment while facing my dischargc and 
was forced to work more hours than the commander had assigned me leading to 
additional stress and a lack of time to prepare for my case. 

8  Because an Airman who was being punished at the same time and with the same 

number of Article 15's was not discharged for his illegal drugs related offense. 
This denlonstrates to unfair enviroxunent in which the decisions where made to 
discharge me. His name was Airman Il)of the 57 M
 Viper 
Unit- 

S

9. 1 had personal and financial problems, which added stress to my everyday life, 

subsequently affecting my judgment leading to the incident than initiated my 
Article 15, which in turn resulted in my discharge. 

10. I had preformed other acts ofmerit which where not presented to my commander, 
these acts mcluded, teaching self defense to both civilian and enlisted personnel. 
The many times I was forced to perform maintenance by myself while those I 
worked with sat indoors conversing over non mission related subjects. I had 
received many thanks for my diligence by the pi1~l.s and other personnel in charge 
of the aircraft. 

1 1. My ability to serve was impaired by my deprived background. As an individual of 
mixed racial background I have always found it difficult to associate with others. 
This, lack of exposure led me to become somewhat socially inept and lack the 
social eloquence sought after by those I worked with. This lead to me being 
segregated from within my unit and my subsequent hostility toward them. I have 
analyzed this lack of personality in myself a d  found a reasonable solution. 
Because of this 1 am stronger than before and more than adequate for military 
service- there by dese~ving the upgrade I have requested. 

1 2. All aspects of my financial life have been and continue to be adversely affected 
by my discharge and standing with the US Government including but not limited 
to my ability to get academic financial aid, credit, and all other matters 
concerning money. 

13. When I signed up for the Air Force 1 was promised CLRP for college loan 

repayment, MGTB,  and fie ability to take school as much as I wanted. None of 
this materialized and I believe I was unjustly denied benefits most other Airmen 
had more than adequate access to. During my enlistment I was only allowed to 
take: two classes in nearly fow years of service. 

14. I was unfairlypersecuted because of my size, physique, and martial arts 

background. I was unfairly harassed and treated as a threat by all who saw  me as 
intimidating. I can not help that I am the size I am and those I worked with and 
the command that lead the pursuit of my discharge was blinded by their prejudice.