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NAME OF qvpvlrw n n c n n n r n  

AIR FORCE DISCHARGE REVIEW BOARI) HEARING RECORD 
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ITIAL) 

1  CI2AI)E 

TYPE GEN 
VOUNSEC 

YES 

PERSONAL APPEARANCE 

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NAME OF ('OUNSLL AND OR OHC,\N17ATION 

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ADDRESS AND OR OR(;ANIUTION  OF COUNSEL 

.MEMBER SITTING 

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IION 

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VOTE OF T-~RD 

GEN 

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I  UOTHC 

I  OTHER 

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DENY 

lSSllES  A92.35 

I  INDEX NUMRER 

A67,30 

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HEARING OATE 

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CASE NUhlRER 

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I  FD-2005-00303 

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EXAlBJTS SUBMITTED TO THl$ B O W  

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APPLICATION FOR  REVIEW OF DISCHARGE 

1  I  ORDER APPOTNTWG THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE ROARD 
ADDITIONAL EXHlBlTS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

[  TAPE RECORDWG OF PERSONAL APPEARANCE 

13 Feb 2006 
APPWCANT'S ISSUE ANDTHE WARD'S OEClSlONAL RATIONAL ARE DISLTSSW ON THE ATTACHED AIR  FORCE DlSLHARGE REVIEW BOARD DEC1SII)NALRATlONALE 

I 

I 

I 

)  Case heard at Washington, D.C. 

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

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

+  RE Code 
* ,R+ason  and Authority 

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LNDORSEMENT 

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S A F N R B R  
550 C STREET WEST, SUITE 4 0  
RAN W L P H  AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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DATE: 2/13/2006 

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SECRETARY OF THE AIR FOKCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARGE REVIEW BOAKU 
1535 COMMAND DR EE WING, 3RD FI.OOR 
ANDRFWS AFB, MD 20762-7002 

Previous edition will be used 

- -   - .  

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00303 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment  code are 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 based  on one isolated incident in 27 
months of service with no other adverse actions.  The records indicated the applicant was found guilty by a 
General  Court  Martial  of assault  consuminated  by  a battery  upon  his  four  year-old  stepson.  Although  the 
applicant contends he was wrestling  and this incident was unintentional he was found guilty.  The applicant 
was  sentenced  to  confinement  for  179  days.  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 fbund to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requircmcnts 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,  M D  

(Former AB)  (HGH A 1 C )  

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Lackland AFB, TX on 8 Apr 03 
UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jul 78.  Enlmt Age: 20 5/12.  Disch Age: 24 8/12. Educ: HS D I P L .  

AFQT: N/A.  A-74,  E-57,  G-55,  M-23. PAFSC: 4A151 -  Medical Material 
Journeyman. DAS: 19 Jul 99. 

b.  Prior Sv:  (1) AFRes 23 Dec 98 -  30 Mar 99  ( 3  months 8 days) (Inactive). 

3 .   SERVICE UNDER =VIEW: 

a.  Enlisted as AB 31 Mar 99 for 4 yrs. Svd: 04 Yrs 00 Mo 08 Das, of which 

AMS  is 3 Yrs 7 Mo 11 Das  (excluding 4 months 27 days lost time). 

b.  Grade Status:  AB -  11 Sep 02 (GCMO#l, 4 Nov 02) 

A1C -  30 J u ~  00 

c.  Time Lost:  11 Sep 02 thru 7 Feb 03  (4 months 27 days) 

d.  Art 15's:  None. 

e.  Additional: None 

f .   CM:  General Court Martial No.1 -  4 Nov 02 

CHARGE:  Violation of the UCMJ, Article 128.  Plea: Not Guilty. 
Finding: Guilty. 

Specification:  Did, at or near San Antonio, Texas, on or about 10 
Jun 01, commit an assault upon ML, a child under 16 years, by 
unlawfully striking him on the torso, head, and back with means to 
produce death or grievous bodily harm, to wit: with his fists, 
arms and/or legs in such a manner as to damage ML's liver and 
pancreas and to cause bruising around his left eye.  Plea: Not 
Guilty.  Finding:  Not guilty, but Guilty of the lessor include 
offense of Assault Consummated by a Battery Upon a Child Under 16 
Years.  Sentence adjudged on 11 Sep 02:  Confinement for 179 days 
and reduction to E-1. 

g.  Record of SV: 31 Mar 99 -  29 Nov 00  Lackland AFB  5  (Initial) 

30 Nov 00 -  29 Nov 01  ~ackland AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  ( 0 3 )  Yrs  (10) MOS  (20) Das 
TAMS:  (03) Yrs  (07) MOS  (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Jul 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  I feel that my discharge was inequitable, since it was based on 

one isolated incident in 27 months of service with no other adverse action.  I 
have paid my debt to society, that was my punishment.  Allow me to be able to 
provide to my family the lifestyle that they deserve.  After the result of my 
action, I went back into my squadron and worked the sam way as before and after 
the incident with excellence.  Let me say this, it might have no bearing in your 
decision, however, we are still together as a  family.  Please let me fulfilled 
(sic) my destiny of becoming an Air Force Officer; to keep protecting the 
country and to use my experience to guide military members.  Since I'm currently 
a full time student, by getting my discharge upgraded, I would have the 
opportunity to use my education benefits. 

ATCH 
1. Signature Verification. 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  M D  

(Former AB)  (HGH A 1 C )  

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Lackland AFB, TX on 8 Apr 03 
UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jul 78.  Enlmt Age: 20 5/12.  Disch Age: 24 8/12. Educ: HS D I P L .  

AFQT: N/A.  A-74,  E-57,  G-55,  M-23. PAFSC: 4A151 -  Medical Material 
Journeyman. DAS: 19 Jul 99. 

b.  Prior Sv:  (1) AFRes 23 Dec 98 -  30 Mar 99  ( 3  months 8 days) (Inactive). 

3 .   SERVICE UNDER =VIEW: 

a.  Enlisted as AB 31 Mar 99 for 4 yrs. Svd: 04 Yrs 00 Mo 08 Das, of which 

AMS  is 3 Yrs 7 Mo 11 Das  (excluding 4 months 27 days lost time). 

b.  Grade Status:  AB -  11 Sep 02 (GCMO#l, 4 Nov 02) 

A1C -  30 J u ~  00 

c.  Time Lost:  11 Sep 02 thru 7 Feb 03  (4 months 27 days) 

d.  Art 15's:  None. 

e.  Additional: None 

f .   CM:  General Court Martial No.1 -  4 Nov 02 

CHARGE:  Violation of the UCMJ, Article 128.  Plea: Not Guilty. 
Finding: Guilty. 

Specification:  Did, at or near San Antonio, Texas, on or about 10 
Jun 01, commit an assault upon ML, a child under 16 years, by 
unlawfully striking him on the torso, head, and back with means to 
produce death or grievous bodily harm, to wit: with his fists, 
arms and/or legs in such a manner as to damage ML's liver and 
pancreas and to cause bruising around his left eye.  Plea: Not 
Guilty.  Finding:  Not guilty, but Guilty of the lessor include 
offense of Assault Consummated by a Battery Upon a Child Under 16 
Years.  Sentence adjudged on 11 Sep 02:  Confinement for 179 days 
and reduction to E-1. 

g.  Record of SV: 31 Mar 99 -  29 Nov 00  Lackland AFB  5  (Initial) 

30 Nov 00 -  29 Nov 01  ~ackland AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  ( 0 3 )  Yrs  (10) MOS  (20) Das 
TAMS:  (03) Yrs  (07) MOS  (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Jul 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  I feel that my discharge was inequitable, since it was based on 

one isolated incident in 27 months of service with no other adverse action.  I 
have paid my debt to society, that was my punishment.  Allow me to be able to 
provide to my family the lifestyle that they deserve.  After the result of my 
action, I went back into my squadron and worked the sam way as before and after 
the incident with excellence.  Let me say this, it might have no bearing in your 
decision, however, we are still together as a  family.  Please let me fulfilled 
(sic) my destiny of becoming an Air Force Officer; to keep protecting the 
country and to use my experience to guide military members.  Since I'm currently 
a full time student, by getting my discharge upgraded, I would have the 
opportunity to use my education benefits. 

ATCH 
1. Signature Verification. 

i 

1 

DEPARTMENT OF THE AIR FORCE 

WILFORD HALL MEDICAL CENTER (AETC) 

LACKLAND AFB TEXAS 

~ ~ ~ r n 3 -  

mm5 

MEMORANDUM FOR AB 

FROM:  59 LS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Commission of a 
Serious Offense.  The basis for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.52.3.  If 
my recommendation is approved, your service could be characterized as Honorable, Under 
Honorable Conditions (General) or Under Other Than Honorable Conditions Discharge,  I am 
recommending your service be characterized as General. 

2.  My reason for this action is that on about 10 Jun 01, you committed an assault upon a child 
under 16 years, by unlawfidly striking him on the torso, head, and back with means to produce 
death or grievous bodily harm, to wit:  with your fists, arms andlor legs in such a manner as to 
damage the child's  liver, pancreas and to cause bruising around his left eye.  As a result, you 
were convicted by a General Court-Martial on 11 Sep 02 and your sentence was confinement for 
179 days and reduction to AB (E-1). 

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 will be discharged or retained in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel can be obtained to assist you. 
An appointment can be made for you to meet with the Area Defense Counsel (ADC) at Bldg 
l000on  / p d d  03  at  D8'& 
expense. 

. You may consult civilian counsel at your own 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (allow 3 workdays) 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

~3 

unless 

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 haye been scheduled for a medical examination.  You must report to Willford Hall 
Medical Center, Family Medicine Clinic on  43d b 3   at 
your medical, immunization, and dental records prior to the examination 

itDL4C 

hours.  You must pickup 

& 

i 

1 

DEPARTMENT OF THE AIR FORCE 

WILFORD HALL MEDICAL CENTER (AETC) 

LACKLAND AFB TEXAS 

~ ~ ~ r n 3 -  

mm5 

MEMORANDUM FOR AB 

FROM:  59 LS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Commission of a 
Serious Offense.  The basis for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.52.3.  If 
my recommendation is approved, your service could be characterized as Honorable, Under 
Honorable Conditions (General) or Under Other Than Honorable Conditions Discharge,  I am 
recommending your service be characterized as General. 

2.  My reason for this action is that on about 10 Jun 01, you committed an assault upon a child 
under 16 years, by unlawfidly striking him on the torso, head, and back with means to produce 
death or grievous bodily harm, to wit:  with your fists, arms andlor legs in such a manner as to 
damage the child's  liver, pancreas and to cause bruising around his left eye.  As a result, you 
were convicted by a General Court-Martial on 11 Sep 02 and your sentence was confinement for 
179 days and reduction to AB (E-1). 

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 will be discharged or retained in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel can be obtained to assist you. 
An appointment can be made for you to meet with the Area Defense Counsel (ADC) at Bldg 
l000on  / p d d  03  at  D8'& 
expense. 

. You may consult civilian counsel at your own 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (allow 3 workdays) 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

~3 

unless 

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 haye been scheduled for a medical examination.  You must report to Willford Hall 
Medical Center, Family Medicine Clinic on  43d b 3   at 
your medical, immunization, and dental records prior to the examination 

itDL4C 

hours.  You must pickup 

& 

8.  You have been scheduled for a Transition Assistance Program (TAP) briefing.  You must 
report to the Family Support Center, Bldg 1249, 1561 Stewart Street, on 
/ 8 3 ~ 6  0 3   at 

/ D trO 

hours for an appointment with ; 

I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - -  

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9.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the Unit Personnel Office. 

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

Commander 

4 

Lt Col, USAF 

Attachment: 
1.  GCMO No. 1, dated 4 Nov 02 
2.  Lost Time Data Rip