AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
wy AB

TYPE BCD PERSONAL APPEARANCE X RECORD REVIEW

S "|| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
ee x
ay x
FLCC | x
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ISSUES Ag 4 05 INDEXNUMBER 4 9 9 oe S THE BOARD”

1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
20 Dec 2005 FD-2005-00211

 
  

 
 
 

AN THE,

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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:

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2005-002114

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for being disrespectful in language toward Sgt RH. In addition, he received
a Special Court Martial for stealing a washing machine and two clothes dryers from the military. The
applicant did not receive an administrative discharge, thus his contention of inequity is not applicable. The
applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from a
Special Court-Martial conviction. Under the provisions of Section 1553, 10 USC, the only basis for a change

of a Bad Conduct discharge is clemency. The applicant presented evidence which the DRB opined did not
warrant granting clemency.

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
FD2005-00211

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

>” (Former AB) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr Elemendorf AFB AK on 16 Jul
96 UP Special CMO #4, 10 Jul 95. Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 28 May 72. Enlmt Age: 17 2/12. Disch Age: 24 1/12. Educ: HS DIPL.
AFQT: N/A. A-Unk, E-Unk, G-Unk, M-Unk. PAFSC: 3E331 - Structural Apprentice.
DAS: 18 Dec 90.

b. Prior Sv: (1) AFRes 17 Aug 89 - 04 Jul 90 (10 mos 18 das) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 5 Jul 90 for 4 years. Extended 23 Nov 93 for 12 months.
Extended 8 Sep 94 for 11 months. Svd: 06 Yrs 00 Mo 12 Das, all AMS.

 

b. Grade Status: AB - 05 May 95 (SPCM, 5 May 95)
SrA - 05 Jul 93
A1C - 05 Nov 91
Amn - 05 Jan 91

c. Time Lost: None.

d. Art 15’s: (1) 14 Jan 93, Elemendorf AFB, AK - Article 91. You, on or
about 11 Dec 92, were disrespectful in language toward
S 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 need to hear no shit from you, about
the way I drive," "I'm sick of hearing shit from people
and I don't need no shit from you, too," and "I don't
give a shit, I don't have to take no shit off you" or
words to that effect. Suspended reduction to Airman.

Forfeiture of $50.00 pay per month for 2 months, and 30
days extra duty. (No appeal) (No mitigation)

e. Additional: Unknown.
£f. CM: Special Court Martial - 5 May 95.
CHARGE IT: Article 121.
Specification: Did, at or near Elmendorf AFB AK, on or about 12

Mar 95, steal one Speed Queen washing machine and two Kenmore
clothes dryers, military property, of a value of more than
FD2005-00211

$100.00, the property of the United States Government. Plea: G.
Findings: G.

Specification: Did, at Elmendorf AFB AK, on or about 12 Mar 95,
unlawfully enter Warehouse Number 18 of the 3°¢ Civil Engineer

Squadron. Plea: G. Findings: G. Sentence adjudged on 5 May 95:
Reduction to AB, 3 months confinement and Bad conduct discharge.

g. Record of SV: 5 Jul 90 - 4 Mar 92 Elemendorf AFB 4 (Initial)
5 Mar 92 ~ 4 Mar 93 Elemendorf AFB 2 # £4(Annual) REF
5 Mar 93 - 4 Mar 94 Elemendorf AFB 4 #£(Annual)
5 Mar 94 - 4 Mar 95 Elemendorf AFB 5 (Annual)

h. Awards & Decs: AFTR, AFLSAR, AFOSLTR, NDSM, AFCM.

i. Stmt of Sv: TMS: (06) Yrs (11) Mos (00) Das
TAMS: (06) Yrs (00) Mos (12) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 25 May 05.
(Change Discharge to Honorable)

Issue 1: I feel I was punished (sic)for a single act crime in the efort
(sic) to make an example, my punishment was severe and when it came to my
discharge this alone was looked at, and not my 5 years prior service which
included several awards.

ATCH
None.

14JUL05/day
FD 2005 O04If

Se ee

 

DEPARTMENT OF THE AIRFORCE
HEADQUARTERS THIRD WING (PACAF)
Elmendorf Air Force Base, Alaska 99506-2850

  
 
 
  
 
 
 
     
 
 
   

10 July 1995

 

INN sitet States. Aix Force, 3rd Civil Engineer Squadron,
Air Force Base, Alaska, on the following offénses at a court-martial convened by this

a Sr United States Air Force, 3rd Civil Engineer
ce Base, Alaska, on or about 12 March 1995, steal one Speed Queen
uilitary property, of a value of more than $100.00, the property

* Sentence adjudged on'5 May 1995

 

 

United States Air Force, 3rd Civil

discharge,

/sfHiugh C. Cameron
: HUGH C. CAMERON, Colonel, USAF

SPCMO No. 4
-. PD 2e045~ 002)

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS ELEVENTH AIR FORCE (PACAF)
Elmendorf Air Force Base, Alaska 99506-2430
Pata 10 June 1996
General Court-Martial Order ms, -
No. 11 YF ,

In the special court-martial case of SENIOR AIRMAN ———

United States Air F orce, 3rd Civil Engineer Squadron, the sentence to bad conduct discharge,
confinement for three months, and reduction to airman basic, as promulgated in Special Court-
Martial Order No. 4, Headquarters Third Wing (PACAF),-dated 10 July 1995, has been finally
affirmed. Article 71(c) having been complied with, the bad conduct discharge will be executed.
The sentence was adjudged on 5 May 1995. (ACM $29095)

 

Lieutenant General, USA.
Commander

_ DISTRIBUTION:

   
  
 
  

104 Northwood Drive, Anchorage AK 99517 (ACC)

9 FS, Elmendorf AFB AK 99506 (PRES)
USAF Judiciary Western Circuit, 461 1st St., Bldg 251, Travis

1098-1635 (DC)

| 2 3 CPTS/EMEP. ‘Elmeridorf ‘AFB AK 99506-2430

’ GCMO No. 11