i -  AB 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

" t8'%-;  ; 
YES 

PERSONAL APPEARANCE 

NAME OF COUNSLL AND OR ORGANIZATION 

TYPE GEN 

No 
X 

X 

MEMBER SITTING 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

RECORD REVIEW 

ADDRESS  AND OR ORGANIZATION OF COUNSEL 

I*, 

2 
.*.,  9 y  
HON 

& ~ Q T F ~ ~ ~ ~ ~ B o ~ @ D ~  
GEN 

1  OTHER 

1  UOTHC 

1  DENY 

 

 

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1 

INDEX  NUMBLR 

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A67.10 

1  1  I  ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 

PERSONAL APPEARANCE 

HEARING DATE I 1  15 Dec 2005 
I  APPLICANT'S ISSUE AND THE B O W S  DECISIONAL RATIO?&  ARE DISCWED ON THE ATIACHEn AIR PORCE DISCHARGE REVIEW BOARDDECISIONAL RATIONALE 
r I Case heard at Washington, D.C. 

TAPE RECORDING OF PERSONAL APPEARANCE 

CASE NUMBER 

I 

I 

i 

Advise applican~6f t h ~ d k i s i o n  of the Board, the right to a personal appearance withiwithout 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. 

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INDORSEMENT 

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FROM: 

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*+.. , .d 

S AFIMRBR 
550 C STREET WE&,  SUITE 40 
RANWLPH M B ,  TX 78150-4742 

. 

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DATE:  12/19/2005 

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

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

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TO: 

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?  AIR FORCE QISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F

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I 

I 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. 

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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 an Article  15 for assaulting his wife and  for damaging a wall in base housing.  He also 
received  three  Letters  of  Reprimand  and  seven  Records  of  Individual  Counseling  for  various  acts  of 
misconduct to include failure to return to duty, failure to obey instructions, bringing a weapon (BB Gun) into 
the  work  center  and  placing  it  to  the  temple  of  another  airman,  late  for  duty,  dereliction  of  duty, 
unacceptable duty performance, speeding, violating a no-contact order, and assaulting 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  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. 

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 
I Attachment: 

Examiner's Brief 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER W I E W :   Appl rec'd a GEN Disch fr Elmendorf AFB, AK  on 19 Feb 
99 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Nov 78.  Enlmt Age: 17 5/12.  Disch Age: 20 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-35,  E-50,  G-62,  M-48. PAFSC: 2A651A -  Aerospace Propulsion 
Journeyman. DAS: 13 Mar 97. 

b.  Prior Sv:  (1) AFRes 18 Apr 96 -  30 Jul 96  (3 months 13 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 Jul 96 for 4 yrs. Svd: 2 Yrs 6 Mo 19 Das, all AMS. 

b.  Grade Status:  AB -  13 Jan 99 (Article 15, 13 Jan 99) 

A1C -  30 NOV 97 
Amn  -  31 Jan 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jan 99, Elmendorf AFB, 

on or about 7 Dec 98, assault 
grabbing her, pushing her 
her throat.  Article 108.  You did, on or about 7 Dec 
98, without proper authority, willfully damage by 
punching a hole in the wall of your on-base housing 
unit, military property of the United States Government, 
the amount of said damage being in the sum of about 
$117.98.  Reduction to AB.  (No appeal) (No mitigation) 

ife to 

e.  Additional: LOR/UIF, 18 DEC 98 -  Speeding, failure to stop at a stop 
sign, failure to stop for security 
forces vehicle, and becoming non- 
compliant and argumentative with 
patrolman. 

RIC, 30 NOV 98 -  Traffic ticket for speeding. 
LOR/UIF, 22 SEP 98 -  Assaulting wife and violation of 

verbal order of non-contact. 

RIC, 02 SEP 98 -  Unacceptable duty performance and late for 

RIC, 24 AUG 98 -  Dereliction of duty. 
RIC, 24 AUG 98 -  Late for duty. 

work. 

RIC, 13 MAY 98 -  Late for work. 
LOR, 31 OCT 97 -  Bringing a weapon  (BBgun/Pistol) into the 
work center and placing it to the temple 
of another Airman. 

RIC, 23 OCT 97 -  Failure to obey instructions. 
RIC, 12 MAY 97 -  Failure to return to duty. 

f.  Cq:  None. 

g.  Record of SV: 31 Jul 96 -  30 Mar 98  Elmendorf AFB  3  (Initial) 

1 

h.  Awards &  Decs:  AFTR, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (10) Mos  (2) Das 
TAMS: (2) Yrs  (6) MOS (19) Das 

4.  BASIS ADVANCED FOR REWIEW:  Appln  (DD Fm 293) dtd 6 Jun 05 

(Change Discharge to Honorable) 

Issue 1:  Because I didn't feel I deserved that type of discharge and it's 

not allowing me to advance in my employment. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

JAN  28  1939 

FROM:  3 CRSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct based on 
minor disciplinary infractions.  The authority for my recommendation is AFPD 36-32 and AFI 
36-3208, paragraph 5.49.  If my recommendation is approved, your service will be characterized as 
honorable, general, or under other than honorable conditions.  I am recommending your service be 
characterized as general. 

. 

2.  My reasons for this action are: 

a.  On or about 7 Dec 98, you assaulted- 

at Elmendorf Air Force Base, by 

grabbing her, pushing her down and putting a knife to her throat.  On or about 7 Dec 98 you willfully 
damaged the military property of the-united States by punching a hole in the door of your on-base 
housing unit, the amount of said damage being in the sum of about $1 17.98.  For these offenses, you 
received an Article 15, dated 7 Jan 99, an Unfavorable Information File (UIF) entry, and were 
reduced to the rank of Airman Basic with a new date of rank of 13 Jan 99. 

b.  On or about 5 Dec 98, you drove your vehicle in a reckless manner, on Elmendorf AFB, by 

exceeding the posted speed limit, failing to stop at a stop sign, and failing to stop for a security 
forces vehicle.  For these offenses you received a Letter of Reprimand (LOR), dated 
18 Dec 98, and an UIF entry. 

c.  On or about 29 Aug 98, you a

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 pushing her into walls and 

grabbing her neck.  On or about 30 Aug 98, you failed to obey a lawful order given by 

by returning to your residence and contacting 

offenses you received a LOR, dated 22 

when you were ordered 

d.  On or about 21 Oct 97, you communicated a threat by placing a weapon (BB Gun) against the 

On or about 21 Oct 97, you made a false official statement to 
at you stated you did not hold a weapon to -head, 
received a LOR, dated 3 1 Oct 97. 

when you had. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher authority 
will decide whether you are 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 any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

4.  You have the right to consult legal counsel.  Military le  a1 counsel has been obtained to assist 
you.  I have made an appointment for you to consult Cap b 5 5 2 - 3 8 8 7 ,  at Bldg 6-920, 
. You may consult civilian counsel at your own 
Rm 330 onJgr8d  99 
expense. 

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5.  You have the right to submit statements ib:j.our  own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

6.  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. 

' 

7.  You have been scheduled for medical examinations.  You must report, with your medical records, 
on &'& 99  for your 
to the 3rd Aerospace Medicine Squadron, Bldg 24-850, at  0 7 
first exam, at which time you will be notified of the time for your second exam.  You are to refrain 
from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours, prior to 
examination.  Bring eyeglasses (and contact solution if using contacts) if applicable.  You must be in 
uniform for these examinations. 

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8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to the 
on A 4 T+3  99  . YOU have also been scheduled for a 
Family Support Center at  /.Yj/F 
TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 2-900 (People 
Center), Rm 247 at 
appointments. 

on  v h  9 9  . You must be in uniform for all 

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 at your Squadron Orderly Room. 

. 

? 
Attachments: 
1.  Article  15,7 ~ d 9 9  
2.  LOR,  18 Dec 98 
3.  LOR, 22 Sep 98 
4.  LOR, 3 1 Oct 97 
5.  3 CRSICC Memo, 15 Jan 99 
6.  3 MDOSISGOH Memo, 21 Dec 98 
7.  AF Form  174,30 Nov 98 
8.  AF Form 174,2 Sep 98 
9.  AF Form  174,24 Aug 98 
10. AF Form  174,24 Aug 98 
11.  AF Form 174,13 May 98 
12. AF Form 174,23 Oct 97 
13. AF Form 174, 12 May 97