AIR  FORCE DISCHARGE REVIEW  BOARD HEARING RECORD 

7 GRADE 
1  AB 
I 

I 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
;W"  BCu  x 
c ~ ~ m u .  , 

1 

PERSONAL APPEARANCE 

-- 

RECORD REVIEW 

L - - - - - - - - - - - - - - l  

-- 

NAME br c . e t m s r ~  A N D  or o n c n ~ a ~ n o ~  

ADDRFW AND o R  O R L i N I z A T I o N  or ( o U N S L L  

YES 

No 

I 

I 

I 

MEMBER SITTING 

VO'l'k; OF TIE BOARD 

i-C;ENr  U O I H C O T H ~ U ~ Y  

IION 

n -

_

_

_

_

_

_

_

_

_

_

_

_

_

_

_

_

_

_

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

- m  

INDEX NUMRFR 

A68.00 

ISSUES  A94.11 
A92.35 
A92.21 
A93.0 I 
A92.01 
A92.03 
A91.05 
A93.15 
A94.05 

HEARING DATE 

CASE NUMBER 

X  - 
X 

1 
2 
3 
4 

EXHIBITS SltSMl'lVl'ED TO THE BOARD 

ORDER APPOIN'I'ING  T[ IE BOAR11 
APPLICATION FOR REVlFW OF LIISCIIARGF 
LETTER OF NO I  IFlCATlON 
H K I L I  01:  P E R S O N N ~ L  PILE 
COIJNSEL'S RELEASE 'I  0 'I  IIE BOAR11 
ADDITIONAI. tXHIBlTS SUBMI I  1'LD A T T I ~ I ~  
Pb,KSONAL APPEAKANCI: 

O F  

TAPE RECOKDMG OF PERSONAL APPFAKANCE 

28 Mar 2006 
APPl.l('Ah  1 ' S  ISSW NiD THE BOARD'S DECISl()l\',\L  Kr\TIONhL  ARE  DISCI. SStV OK THE ATTACHED hlK FORCE DISCHARGE REVILM' BOARD DECISION4L  KATIONALE 

FD-2004-00081 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board and tllc right to submit an applicatioli to the AFBCMR. 

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

1 

' 

SAFIMKBR 
550 C STREET WEST, SIJ1'1'E 40 

SECRETARY OF TIIK AIR FORCE PERSONNEL COUNCII, 
AIR  FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR. LE WING, 3RD FI,OON 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISTONAL RATIONALE 

CASE NllMBLK 

FD-2004-00081 

GENERAL:  The  applicant  appeals  lor  upgrade  of  discharge to  honorable. 
'I'he  applicant  appeared  and 
testified  before  the  Discharge  Review  Board  (DRR),  without  counsel,  at  Andrews  AFB  on  28  Mar  2006. 
The following additional  exhibits wcrc submitted  at thc hearing:  Exhibit  5(1) & 5(2):  Character Reference 
Letters.  The attached  brief  contains available pertinent  data on the applicant  and thc 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 justifies a changc of discharge. 

ISSUE:  'The applicant received a bad conduct discharge at a special court-martial  for breaking restriction 
and for striking a 15-year old female in the chest with his fist.  1 Ie contends that his punitivc discharge is 
unjust and clcrnency is warranted because:  (1) his "average conduct and efficiency ratingslbehavior and 
proficiency mark (sic) were vcry good;" (2) he received awards and decorations; (3) he has been a "great 
citizen" since his discharge; (3) his court-martial  was [or  "isolated or minor offenses;"  (4) his court-martial 
punishment was harsh and disproportionate to other cases; (5) his ability to serve was impaired by his youth 
and immaturity; (6) he faced discrimination; (7) he was harassed by his command; (8) he was stressed; and 
(9) because he pled guilty for a crirnc 11e  didn't commit. 

The records indicated the applicant received three Articlc  15 actions, one Article  15 Vacation action, one 
Letter of Reprimand, three Letters of Admonishment and other low level counseling.  The applicant's  Articlc 
15s were for thelt, DUI, and assault on a female airman by striking her in the face with his fist.  The records 
also indicated that the applicant was pending involuntary discharge for a pattern of lnisconduct prior to the 
commission of the offcnses that  lead to his bad conduct discharge.  The command recommendation under 
the administrative action was that hc  rcceive an under other than honorable conditions (UOTHC) dischargc. 

The DRB recogni~ed that the applicant received an Army Achievement Medal for fccding Army personnel 
transiting his duty station enroute to Operations DESERT SIIIELDISTORM and that he received the Air 
Force Good Conduct Medal.  The DRB also saw, liowcvcr, in the applicant's thrce Enlisted Perlormance 
Reports (with overall ratings of 4, 3, and 3), that he while he was described variously as a "satislactory," 
"good"  or "excellent"  duty performer, there werc also negative colnrnents on his ability to adhere to Air 
Force standards.  The DRB also recognized that thc applicant was nearly 24 years of age when he conlrnittcd 
the offenses for which he was tricd. 

The DRB was not convinced that the applicant was harassed or discriminated against in light of the long list 
of misconduct across two different duty stations.  'I'hc  I3KH was also not convinced that the applicant's 
recent assertion that he didn't  commit tlie crime was credible in light of contrary statc~ncnts in his court- 
martial stipulation of fact and his sworn testimony during the military judge's  inquiry into the facts 
surrounding his guilty plea.  The IIRH also did not find the applicant's bad conduct discharge to be harsh or 
disproportionate  given thc nature of the offenses for which he was convicted and his previous pattern of 
disciplinary failures.  While the DRB was disappointed to hear that the applicant had another DTJI post 
discharge, it was pleased that the applicailt was doing well and had a good job. 

CONCLUSIONS:  The Discharge Review Board concluded that the applicant's  punitive discharge by 
Special Court-Martial is appropriate undcr the facts and circumstances of this case and there is insufficient 
basis, as an act of clemency, for change of discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AlC) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr Malmstrom AFB, MT on 24 Aug 
94 UP Special Court Martial Order No. 7 (Conviction by Court Martial).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Jun 70.  Enlmt Age: 18 7/12.  Disch Age: 24 2/12. Educ: H S   DIPL. 

AFQT: N/A.  A-86,  E-36,  G-46, M-28.  PAFSC: 3M031 -  Morale, Welfare, 
Recreation, and Services Apprentice. DAS: 6 Mar 92. 

b.  Prior Sv:  (1) AFRes 24 Jan 89 -  19 Oct 89  (8 months 26 days) (~nactive) . 

3.  SERVICE ZMDER  REVIEW: 

a.  Enlisted as AB 20 Oct 89 for 4 yrs, Svd: 4  Yrs 10 Mo 4 Das, of which 

AMS  is 4 yrs 7 months 3 days  (excludes 3 months 2 days lost time). 

b.  Grade Status:  AB  -  12 May 93  (Article 15, 12 May 93) 
A m  -  19 Mar 93  (Article 15, 19 Mar 9 3 )  
A1C  -  11 Feb 92 
A m  -  Unknown 
AB  -  24 Oct 90 (Article 15, 24 Oct 90) 
Amn -  20 Apr 90 

c.  Time Lost:  27 Jul 93 thru 29 Oct 93  (3 months 2 days). 

d.  Art  15's:  (1) 12 May 93, Malmstrom AFB, MT -  Article , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
128.  You, did, 

. . . . . . . . . . . . . . . . . . . . .  

:  by striking her in the face with your fist. 

on or about 17 Apr 93, assault Airman; 
- - - - - - - - - - - -  
: - - - - - - - - - - -  8 1  
Reduction to AB, Forfeiture of $150.00 pay per month for 
2 months, 45 days restriction, and 45 days extra duty. 
(Appeal/Denied) (No mitigation) 

(2) 19 Mar 93, Malmstrom AFB, MT -  Article 111.  You, did, 

on or about 28 Feb 93, at Ave G and Goddard Drive, 
operate a vehicle, to wit: a passenger car while drunk. 
Reduction to Airman, forfeiture of $300.00 pay, 45 days 
restriction, and 45 days extra duty. (~ppeal/~enied) (No 
mitigat ion) 

(3) 11 Dec 90, Rhein-Main AB, Germany -  Article 86.  You, 
did, on or about 15 Nov 90, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to AB. (No appeal) (No mitigation) 

(4) 24 Oct 90, Rhein-Main AB, Germany -  Article 121.  You, 

did, on or about 18 Oct 90, steal one pair of men's 
slacks, one pair of shoes, and two Nintendo home video 
games, of a value of about $122.00, the property of the 
Army Air Force Exchange Service.  Suspended reduction to 
the grade of AB, forfeiture of $75.00 pay per month for 
2 months, and 30 days extra duty. (No appeal)  (No 
mitigation) 

e.  Additional: LOA, 19 FEB 93 -  Making false allegations. 

LOR, 28 JAN 93 -  Playing stereo at excessively loud levels. 

f.  CM:  Special Court Martial No.7 -  2 Sep 93 

CHARGE:  Article 128.  Plea:  Guilty.  Finding:  Guilty 

Specification:  Did, at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
93  unlawfully strike L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
of 16 years, on the chest with his fist.  Plea:  Guilty.  Finding: 
Guilty. 

Great Falls, Montana, on or about 12 Jun 
I  a child under the age 

11 

CHARGE:  Article 134.  Plea:  Guilty.  Finding:  Guilty 

Specification:  Having been restricted to the limits of Malmstrom 
AFB, Montana, by a person authorized to do so, did, at or near 
Great Falls, Montana, on or about 12 Jun 93, break said 
restriction.  Plea:  Guilty.  Finding:  Guilty.  Sentence adjudged 
on 27 Jul 93:  Confinement for four months, forfeiture of $300.00 
pay per month for four months, and a bad conduct discharge. 

g .   Record of  SV: 20 Oct 89 -  19 Jun 91  Rein-Main AB  4  (Initial) 

20 Jun 91 -  15 Feb 92  Rein-Main AB 
16 Feb 92 -  15 Feb 93  Malmstrom AFB  3  (Annual) 

3  (CRO) 

! 

I 

h.  Awards &  Decs:  AAM, AFOUA W / 1   OLC, AFGCM, NDSM, AFOSLTR, AFTR, AFLSAR 

i.  Stmt of Sv:  TMS:  ( 5 )   Yrs  ( 3 )  Mos  (10) Das 
TAMS: (4) Yrs  ( 7 )   Mos  (2) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 12 Apr 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Two Character References. 
3. Enlisted  Performance Report  Draft. 

UNITED STATES AIR FORCE 

DOCUMENT: 4 
RR: j 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

DEAR DRB: 
The following issues are the reasons I believe my discharge should be upgraded to 
honorable. If  you disagree, please explain in detail why you disagree. The presumption of 
regularity that might normally permit you to assume that the service acted correctly in 
characterizing my service as less than honorable does not apply to my case because of the 
evidence I am submitting clemency is warranted, because it is an in justice for me to 
confine to suffer the adverse consequences of a bad conduct discharge. Also my average 
conduct and efficiency ratingshehavior and proficiency mark were very good. I received 
awards and decoration. I have been a great citizen since my discharge. My record of court 
- martial convictions indicates only isolated or minor offenses, Also my ability to serve 
was impaired by my youth and immaturity. I also faced racial discrimination and that 
impaired my ability to serve. The punishment I got at discharge was too harsh, it was 
much worse than most people got for the same offense. Also at the time of my discharge 
my first sergeant and commander had done a lot of thing to me I very much disapprove of 
and I was so stress out at them. I was unable to serve my country to the best of my ability. 
I just wasn't myself at the time of my discharge. I had the first sergeant following me 
around. Taking things out my room without me knowing anything about it. Harassing me 
day after day. I love the USAF, and I will love to get back in the air force, if I can. I never 
wanted to get out, but I was unable to serve, with thing happen like that. I have a family 
now and I have learned a lot. I'm very much mature than I was, and I'm still around the 
usaf, because my wife is in the air force. I miss it and if there's any way I can get back in 
the air force I will do anything to get back in. Please consider what I'm saying to you and 
upgrade my discharge. 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  
H E A D Q U A R T E R S  4 3 D   A I R   REFUELIN0 WIND  I A M C )  

FROM:  43  MWRSS/CC 

7314 Dormitory Court 
Malmstrom AFB, Montana  59402-7548 
SUBJt  Notification Letter -- Board Hearing 
TO:  AB j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

8 Jun 93 

1.  I am recommending your diechargs from tha.United States,Wr 
Force for A Pattern of Misconduct, ~iscreditable'Invo~vemsnt W i t 1 1  
Military or Civil Authorities.  The au 
AFR  39-10, paragraph 5-47a.  I am re 
be characterized as Under Other Than 

2.  My reasons for this action are: 

a.  On or about 18 Oct 90, you s 
slacks, one pair of shoes, and two Ni 
value of about $122.00 from the Army 
Ramstein ABI Germany.  For this niscond 
15 resulting in reduction in grade form 
forfeiture of $75.00 pay per  month for t 
duty on 29 O c t   90, 

b.  On or about 15 Nov 90, you failed 
place of duty at the prascribed time.  Far 
Article 15 suspension of reduction in grad 
vacated on 11 Dec  90. 

c.  On 23 Jan 93, you were disruptive in t 

your stereo at an excessively loud level. 
received a Letter of Reprimand on 28  Jan  9 

itory by playing 

1  You 

d ,   On 25 Jan 93, you wrongfully accused an NCO of;stealing 

$150.00 which you claimed was secured under a pisce'of stereo 
equipment inside your stereo cabinet.  For this misconduct, you 
received a Letter of Admonishment on 19 Feb 93.  . 

e.  On or about 28 Feb 93, you operated a passenger vehicle while 
drunk.  For this misconduct, you received an Article 15'rasulting in 
reduction in grade from A1C to Amn,  forfeiture of $300.00 pay, 45 
days restriction to Malmstrom AFB and 45 days extra duty on 23 Mar 
93. 

f.  On or about 17 Apr  93, you assaulted another aisman by 

striking her in the face with your fist.  Far this misconduct, you 
received an Article 15 resulting in reduction in grade  £ram Amn  to 
AB,  forfeiture of $150.00 pay per month for 2 months, restriction to 
Malmstram AFB  for 45 days and 45 days extra duties on 7 Jun 93. 

AMC -GLOBAL  REACH FOR A M E R I C A  

3 .   This action could result in your separation with an Under Other 
Than Honorable Conditions discharge.  I am recommending that you 
receive an Under Other Than Honorable Conditions discharge.  The 
commander exercising SPCM jurisdiction or higher authority will make 
the final decision in this matter.  If you are discharge, you will be 
ineligible for reenlistment. 

4.  You have the right to: 

a.  Con~ult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a b~ard~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 .   You muet receive a medical examination.  Yau.are  rtchsduled  for a 
medical examination at the 43d Aerospace Medical Group a t  N/A hours 
on  N/A.  You recently had a medical examination on '22 Apr 9 3   at 0730 
hours, therefore one is not required, 

< 

6.  Military legal counsel, Area Defense Counsel, has been obtained 
to assist you.  An appointment has been scheduled for you at WcJYm 
hours on 9 Jun 93 at Bldg 2050,  Instead of the appointed counsel, 
you may have another, if the lawyer you request isjin the active 
military service and is reasonably available as determined according 
to AFR  111-1.  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 counsal.  Civilian counssl, if 
employed, must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 work- 
days, specifying the rights you choose 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.  1 will eend 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 r i g h t   t o   a 
board  hearing. 

8 .   Any personal information you furnish in rebuttal is covered by 
the Privacy Act Statement as explained in AI"R  39-10, Atch  6.  A  copy 
of AFR  39-10 is available for your  use at the 43 MWRSS Orderly Room. 

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

------------------------------------------------------------------. 

. ,: 

L--cb-Kiina6-------------------Y--------------------------. 

r 

! 

3  Atchs 
1,  supporting documents f o r  

the reasons f o ~  discharge: 
a.  Axticle 15,  21 Oct 90 
b.  id? PG=  3212, Vacation 

of  Suspension, 
11 Dec 90 

c ,   LOR,  28  Jan 93 
d.  LOAj 19 Feb  9 3  
e.  Article 15,  23 Mar  9 3  
f .   W t i c l e   15,  7 Jun 93 
2,  Documents with derogatory 
i n f o m a t i o n  which axe  not 
listed in the notification 
ltr r 

3 .   Aiman's  receipt of 

notification l t r