I 
1  NAME OF SERVICE MEMBER (LAST, RRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I  AFSNRSAN 

TYPE  GEN 
CPuNss 

No 

YES 
X 

PERSONAL APPEARANCE 

NAME  OF COUNSEL AND OR ORGANIZATION 

AMERICAN LEGION 

SSGT 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

WASHINGTON DC DC 20003 

ISSUES 

A92.01 
A94.05 

INDEX NUMBER 

A67.90 

I 

EXHIBITS SUBMITTED TO THE BOAAD 

I  ORDER APPOINTING THE BOARD 
1  APPLICATION FOR REVIEW OF DISCHARGE 

1  1 
2 
3  1  LETTER OF NOTIFICATION 
1  RRlEF OF PERSONNEL FILE 
1  4 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

I 

I 

1 

I  HEARING DATE 
1  20 Mar 2007 

1  CASE NUMBER 
I  FD-2005-00474 

I 

APPLICANT'S  ISSUE AND THE BOARD'S  DECISIOYAL R4TlONAI.  ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCIMRGE  REVIEW BO.ARD DECISIONAI. RAT1ONAl.F 

1  Case heard i n  Washington, D.C. 

A d v i s e  a p p l i c a n t  of the d e c i s i o n  of the Board, the r i g h t  t o  a p e r s o n a l  appearance w i t h l w i t h o u t  c o u n s e l ,  a n d  the r i g h t  to submit an 
a p p l i c a t i o n  t o  t h e  AFBCMR. 

1  Names and votes will be made available to the a p p l i c a n t  at the a p p l i c a n t ' s   r e q u e s t .  
1  *  Reason and A u t h o r i t y  

, - 

.SIGW~IUBF QFRIXPRWK. LLl- .A -. . -. . -. k:-. . -. . -. . -. . -. -. . -. . - L~JGWAT~EE ~F!~W-RP~P.R~%#?'?EN.T 

" 

- -A- - - A - -.- - - - - - - - - - - - - - - 

TO 

I 

SAFIMRBR 
550 C STREET WEST  SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

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

I 

(EF-V2) 

Previous edition will be used 

I 

1 

1 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00474 

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

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 and change of reason and authority for discharge 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: 

Issue  1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  The records indicated the applicant received two Article  15s, a Vacation, a Letter of Reprimand and a 
civilian conviction for misconduct.  The applicant received his first Article  15 for assaulting his wife by 
pushing down on her head with his forearm, assaulting his wife by grabbing her hair, holding her head down 
and punching the back of her head with a closed fist, and violation of a no-contact order.  He was punished 
with a reduction in grade to Technical Sergeant and forfeiture of pay for two months.  His second Article 15 
was for unlawfully head-butting and pushing his wife.  He received a suspended reduction in grade to Staff 
Sergeant, restriction to base for 60 days and a reprimand.  His demotion was later vacated due to disorderly 
conduct.  The record also indicated the applicant received a Letter of Reprimand for failure to obey a lawful 
order and that he had a civilian conviction for domestic violence.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the applicant's  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SSGT)  (HGH MSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Scott AFB, IL on 8 Aug 
05 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable and to Change the Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Apr 70.  Enlmt Age: 17 8/12.  Disch Age: 35 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-73,  G-66,  M-67. PAFSC: 1C771 - Airfield Management 
Operations Technician. DAS: 25 May  02. 

b.  Prior Sv:  (1) AFRes 29 Dec 87 -  11 Aug 88  (7 months 14 days) (Inactive) . 

(2) Enlisted as AB 12 Aug 88 for 4 yrs.  Reenlisted as SrA 21 
Oct 91 for 4 yrs.  Reenlisted as SSgt 31 Jul 95 for 6 yrs.  Extended 3 Apr 00 for 
26 months.  Svd: 12 yrs 8 months 3 days, all AMS.  Arnn  -  12 Feb 89.  A1C -  12 Dec 
89.  SrA -  12 Feb 91.  SSgt -  1 May  95.  TSgt -  6 Feb 98.  EPRs: 
4 , 4 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 .  

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as TSgt 16 Apr 01 for 6 yrs. Svd: 03 Yrs 04 Mo 22 Das, all 

AMS . 

b.  Grade Status:  SSgt -  7 May 04  (Vacation of Article 15, 27 Oct 04) 

TSgt -  28 Jan 03  (Article 15, 28 Jan 03) 
MSgt -  01 Jan 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Oct 04, Vacation, Kadena AB, Japan -  Article 134. 

You, were, at or near Anchorage, Alaska, on or about 3 
Sep 04, disorderly, which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to 
SSgt.  (No appeal)  (No mitigation) 

(2) 7 May 04, Kadena AB, Japan -  Article 128.  You, did, on 
or about 26 Feb 04, unlawfully head-butt and push Athena 
Koch.  Suspended reduction to SSgt.  Restriction to the 
limits of Kadena Air Base, Okinawa, Japan for 60 days. 
Reprimand.  (No appeal)  (No mitigation) 

(3) 28 Jan 03, Kadena AB, Japan -  Article 128.  You did, 

between on or about 1 Jul 02 and on or about 31 Jul 02, 
unlawfully assault your wife by pushing down on her head 

with your forearm.  You did, on or about 4 Nov 02, 
unlawfully assault your wife by grabbing her hair, 
holding her head down, and punching the back of her head 
with your closed fist.  You did, having knowledge of a 
lawful order issued by MSgt: ---------------------. 
:to have no 
contact with your wife, an order which it was your duty 
to obey, on divers occasions between on or about 15 Nov 
02 and on or about 20 Nov 02, fail to obey that order. 
Reduction to TSgt, and forfeiture of $500.00 pay per 
month for two months.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR/UIF, 6 OCT 04 -  Failure to obey a lawful order. 

14 DEC 04 -  Civilian conviction for domestic violence 

assault against his wife. 

f.  CM:  None. 

g.  Record of SV: 04 Jul 00 -  03 Jul 01  Eielson AFB  5  (Annual) 

04 Jul 01 -  01 May 02  Eielson AFB  5  (CRO) 
02 May 02 -  30 Apr 03  Kadena AB 
02 May 03 -  02 Oct 03  Kadena AB 
03 Oct 03 -  02 Oct 04  Kadena AB 

3  (Annua1)REF 
5  (CRO) 
3  (Annual) REF 

h.  Awards &  Decs :  AFCM W/3 OLCS, JSAM, AFAM W/1 OLC, JMUA, AFOUA W/3 
OLCS, AFGCM W/4 OLCS, NDSM W/1 SS, GWOTEM, KDSM, AFOSSTR W/1 OLC, AFLSAR W/3 
OLCS, NCOPMER W/1 OLC, SAEMR, AFTR. 

i.  Stmt of Sv:  TMS:  (17) Yrs  (07) Mos  (11) Das 
TAMS:  (16) Yrs  (11) Mos  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD F h  293) dtd 05 Dec 05. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. SAF/MRBR Ltr, 9 Dec 05. 

2'7 DEC  2005 

..... 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNIT ED STATES 

lflease read instructions on Pwes 3 m d  4 BEFORE com~Ietrirg this 8ppl/cation./ 

3

.

 

' ~ o m i  Approved 
' ' 
OM8 No.  0704-0004 
E~rphs Aug 3 1,2006 

f 

PRIVACY ACT STATEMENT 

&&  DO NOT R E ~ ~ J ~ R N  YOUR  FOW  TO M E  ABOVE ADDREG. RETURN C~h!pLrnD FORM TO THE APPROPRIATE ADDRESS OA.BACK OF THl4 PAGE 
AUTHORfTY:  10 U.S.C.  1553; E.O.  9397. 
P~!N$IPAL PURPOSEISI:  To  apply for a change In the charactsrl~atlon or reason for mlliiry discharge Issued to an Individual. 
R O T E  USEIS):  None. 
DISCLOSURE:  Volunta~/; however,  failure to provide identifying information may impede procesrlng of thls appliaatlon;  Thp request fot 
SO$$  Security Number Is strictly to, assure proper Identificationof the individual and appropriate 'records.  .  , 
.
.
.
.
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2.  DATE OF DISCHARGE OR SEPARATION 

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4.  DISCHARGE CHAFtACiERlZAllON RECEIVED  on&  5,  BOARD ACTION  REQUESTED IX onal 
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8.  lfl SUPPORT OF THlS APPtlCAnON,  THE FOLLOWING ATTACHED D0C;UMENTS  ARE SUBMrrtED AS EVIDENCE: IWkrus k hm  IT. 

,AND THlS FORM IS SUBMITED TO ADD AQDITiONAL ISSUES.  JUSTIFICATION.  OR EVIDENCE 

if ~ p ~ h b 1 d . J  AN  APPUCAnON WAS P&OUSLY 

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5 Dec 2005 

MEMORANDUM FOR REVIEWING AUTHORITY 

FROM: i 

SUBJECT: ~ e ~ u e s t  

for record correction, General to Honorable Discharge 

1.  I am requesting that my General Discharge be upgraded to an Honorable Discharge. 
Throughout the course of the 3 !4  years that I was issued a Letter of Reprimand after receiving 2 
Article 15's and a Civilian Conviction of Misdemeanor Domestic Violence Assault I have now 
discovered much evidence to support my request. 

,-----------------. 

:  I have discovered that there are many lies she 
2-  MY spouse at the time was: - - - - - - - - - - - - - - - - - t .  
had twisted and told to me making me believe that things were a certain way in our relationship 
only to discover now that I was, for lack of better words, a sucker.  During a post-divorce claim 
she claimed that I had given her a sexually transmitted disease, I do not have this disease.  Who 
gave it to her?  The bruises utilized in Police Records did not come from me!  Where did they 
come from? At this time, I cannot answer it.. .I am still working on this. 

3.  I doApleted all of the Men's Group classes required both, by the Air Force and the Alaska 
Civilian Authorities.  My Alaska Probation will be considered served on  14 Dec 2005, without 
incident.  I f&l that I have utilized the information taught to me in order to learn from my "life 
mistakes" and have started on my journey to make a better life for myself without violence. 

4.  While working in the military as an Airfield Management specialist I consistently worked 
long hours thihdng that my hard work and dedication w& going to pay off if something bad were 
to ever happen that required my character to be reviewed or scrutinized. This is just my nature, 
not because I felt that I was a bad person and would ever have that type of situatian.  I plead that I 
made a bad choice in a marriage paxtner and only had the best intehions of keepinkbe marriage 
together because I felt that it was the right thing to do, not because I liked my par&ei's 
promiscuity, ill-mannered behavior or misconduct.  I will probably never know the extent of her 
behavior but I am making positive steps toward making sure I do not get close to problematic 
situations again! 

' 

5.  I took a General Discharge because I felt that it was the better of two evils.  I could be 
discharged for the situation I had put myself in under "Dishonorable" (being left up to the board, 
and things were already not favoring me) or take the "Gened"  in order save what I had left of a 
career.  I still bleed blue and would love nothing more than to complete my 3 years of a career.  I 
would even be willing to start at my  12-year point if I could only rejoin and serve in any branch! 
Please upgrade my discharge fiom General to Honorable. 

6.  I apologize for my actions and. ~h~~qe.s~in-&c 

feel fiee to contact me at;-- -- ------- -- -- I. 

p d  If you have any questions orconcerns 
+' 

. - L A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 18 WGICC 

7 April 2005 

FROM:  1 8 WG/JA 
SUBJECT:  Legal Review Administrative Discharge - ssgt[-- -- ----- ----- -- --- ------- -- --- -- mi 

18 OSS, Kadena AB, Japan 

-..-.-....-....-.-..-.- 
- . . . . . . . . . . . . . . . . . . . .,-'' 

1.  Basis of Action.  Lt Coli 
discharge action against SSgt; ------------------ ;for  a Pattern of Misconduct - Conduct 
Prejudicial to Good Order and Discipline, updel-he provisions of AFI 36-3208, paragraph 
5.50.2.  18 OSSICC recommends that ssgt i-. .. .-.!conditional  waiver be accepted 'and that 
he be separated with a general discharge without suspension'for probation and rehabilitation. 

: 18 OSSICC, initiated this administrative. 

2.  Summary of Evidence in Support of the'~ischar~e. 

, - - - - - - 

a.  Between 1 Jul02 and 3 1 Jul02, SSgt\-- -- - /assaulted his wife by pushing down on her 

head with his forearm.' 

-..-.-. 

b.  On 4 Nov 02, S S d -  -----!assaulted his wife again by grabbing her hair, holding her 

head down and punching the back of her head with his fist. 

, - - - - - - 

o.  On several occasions between  15 Nov 02 Ad 20 Nov 02, SSgt l- - - - - jviolated  a lawful 

order to have no contact with his wife. 

------- 

As a result of the above listed misconduct, SSgt ; -----;received an Article 15 on 28 Jar~ 03. 
His punishment included a reduction to TSgt,  forfeiture of $500 pay per month for two 
months and a reprimand (Tab 1 - 1). 
------- 
d.  On 26 Feb 04, SSgt ;. .. .- :head-butted  and pushed his wife.  As a result, he received an 

Article 15 on 7 May 04.  His punishment included a suspended reduction to SSgt, 60 days 
restriction to base and a reprimand (Tab 1-2). 

e.  On several occasions between 12 Mar 04 and 1 Jun 04, SSgt l.. . . . i violated a lawful 

order to have no contact with his wife.  As a result, he received a Letter of Reprimand (LOR) 
on 6 Oct 04 and an Unfavorable Information File (UIF) was established (Tab 1-3).' 

, - - - - - - a  

-------- 

' SS@\ ------- kvife at the time was:  -.-....-.... , We are advised they were subsequently divorced at some 
point in the Dec 03-Jan 05 timeframe, though the exact date is not reflected in the file. 

. - - - - - - - - - - - - , 

Note that the 6 Oct 04 LOR provides a good summary backgr0und.a~ to the many incidents and events that 

undergird this discharge action. 

------- 
f.  On 3 Sep 04, in Anchorage, AK, SSgt:-a-.:was 

disorderly by yelling at his wife.  As a 
- - - - - .  on 27 Oct 04 and he 
result, the suspended portion of his nonjudicial punishment.was . - - vacated 
received a reduction to SSgt.  Additionally, as a result of SSgt: L. .-. .-., :misconduct, he missed 
-----  was compelled to hurriedly 
his scheduled deployment and another member of the squadron 
pack his bags and deploy to fill the gap caused by  SSgt 1 ----I (Tabs 1-3, 1-4). 

, - - - - - - . 

g.  On 3 Sep 04, in Anchorage, AK,  SSa..-..-:  assaulted his wife by  punching her in the 

face,  As a result, on 14 Dec 04, a judgment was entered against SSgk..-..;for 
violence assault in the District Court for the State of Alaska at Anchorage.  The imposition 
of sentence was suspended and he was placed on probation for a period of one year, subject 
to the following orders and conditions:  to pay a $500 fine plus a $50 surcharge, to make 
restitution, to commit no jailable offenses during the period of probation, to complete a 
domestic violence intervention program and to have no contact with Ms: .-..-....-..-.. 
J qTab 
1-5). 

domestic 

I - - - - - - -  

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

3.  Summary of Evidence for the Servicemember. 

a.  ~~gtc--::--:-:is  a 34-year-old Chief, Airfield Management Operations (CAMO) who 

entered active duty on  12 Aug 88.  His AQE scores are A-76 E-69 G-64 M-62.  He is 
entitled to wear the AF Commendation Medal with four oak leaf clusters, AF Achievement 
.Medal with two oak leaf cluster, Joint Services Achievement Medal with one oak leaf 
cluster, NCO Professional Military Education Ribbon with one oak leaf cluster, Small Arms 
Expert Rifle Ribbon, Longevity Service Award with three oak leaf clusters, AF Overseas 
Service Ribbon, AF Outstanding Unit Award with three oak leaf clusters, National Defense 
Service Medal with one oak leaf cluster and the Air Force Training Ribbon. 

b.  Overall ratings on Enlisted Performance Reports (Tab 5): 

03 Oct 03. - 02 Oct 04 (3) Referral 
2 May 03 - 2 Oct 03 (5) 
I  May 02 - 30 Apr 03 (3) Referral 
4 Jul01 - 1 May 02 (5) 
4 JuI 00 - 3 JuI 01 (5) 
9 Dec 99 - 3 Jul00 (5) 
9 Dec 98 - 8 Dec 99 (5) 
5 Dec 97 - 8 Dec 98 (5) 
5 Dec 96 - 4 Dec 97 (5) 
2 Jun 96 - 4 Dec 96 (5) 
2 Oct 95 - 1 Jun 96 (5) 
2 Oct 94 - 1 Oct 95 (5) 
1 1 NOV 03 - 1 Oct 94 (5) 
29 Jan 93 - 10 Nov 93 (5) 
25 Jul92 - 28 Jan 93 (5) 
3 Mar 92 - 24 Jul92 (5) 
1 Sep91 -2Mar92  (5) 
19Feb 91 -31  Aug91 (5) 
12 Apr 90 - 18 Feb 91 (4) 
12 Aug 88 - 1 1 Apr 90 (4) 
------- 
------. 

9. On  1 1 Mar 05, 
c.  SSgtl-._-. Iconsulted military defense counsel (Capti ...-..-..-..-..-.. 
SSgt:-----;subrnitted  a waiver of his right to an administrative discharge board hearing on 

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

the condition he receive no less than a general discharge.  On the same date, SSgt ;-- - - 
submitted a request for lengthy service consideration and probation for the time he needs to 
reach minimum retirement eligibility.  These requests are JAW AFI 36-3208, paragraph 6.35 
and MI 36-3203~'~ 

(Tab 4). 

I - - - - - - ,  

4.  Errors and Irregularities. 

a.  The 3 Mar 05, Letter of Notification, paragraph 2, incorrectly reflects-that SSgt ;..-..: 

, - - - - - . 
received a reprimand  as part of his 28 Jan 03, Article 15 punishment.  This minor error does 
not affect the legal sufficiency of this action. 

b. -Np_teyhat both a state court, conviction and a vacation action followed in the wake of 

SSgli--------!3 Sep 04 conduct while on leave in Alaska.  With respect to the 27 Oct 04 
vacation action, note that the MCM, Part V, paragraph 1 f(5) as implemented by AFPD 5 1-2, 
paragraph  7 prevents-absent  SAF approval-the 
punishment of personnel under Article 15, 
UCMJ for substantially the same conduct for which a state court has tried them.  That noted, 
this limitation is inapplicable here as the "vacation of a suspended nonjudicial punishment is 
not itself nonjudicial punishment."  See the MCM, Part V, paragraph 6a(5)). 

5.  Discussion. 

a.  Basis for Discharge. 

(1)  AFI 36-3208, paragraphs 5.50 and 5.50.2, provide,  in pertinent part (paraphrased 

to a degree for clarity purposes) as follows: 

Airmen  are  subject  to  discharge  for  a  Pattern  of  Misconduct  for  acts  of 
misconduct in the current enlistment which arc, in whole or in part, more serious 
than  minor. disciplinary  infractions.  Conduct  Prejudicial  to  Good  Order  and 
Discipline includes conduct of a nature that tends to dismpt order, discipline, or 
morale  within  the  military  community.  This  category  of  misconduct  usually 
involves causing dissent, disruption, and degradation of mission effectiveness.  It 
also includes conduct of a nature that tends to bring discredit on the Air Force in 
the view of the civilian community. 
(2)  SSgt ; .-. .-. .-! lengthy  disciplinary  record  in  this  enlistment-which 

I - - - - - - - - -  

began  16  Apr  01--underscores 
a  long-running  and  established  pattern  of 
domestic-related  violence  and associated  misconduct.  He has repeatedly  broken 
..-..-. grabbed, 
no-contact  orders towards his wife, who he has at various times pushed, 
punched  (one time in the face) and head-butted.  As a result,  SSgt- -- --j received 
an L O N I F ,  two Article  15 actions, a vacation action and a civilian conviction; in 
addition, he has received two (deserved) referral "3"  EPRs.  While his misconduct 
largely  occurred off-duty,  it had  significant  negative effects on  the mission.'  Of 

If 5 AF/CC directs the separation of SSgt 1 ----;and does not offer P&R  IAW AFI 36-3208, Chapter 7, 
5 AF/CC must withhold the approved discharge and send his recommendation regarding lengthy service 
probation through PACAFlDP to HQ AFMPCXIPMARSZ, for review and furthw processing. 

- - - - - ,  

-------------- 

4  IAW 
SAFO 240.8,17 Dec 99, paragraph 3b(8) the Director, Air ~ o r A  Review Boards Agency (SAFNRB, 
Mr,; ------------- 3 is delegated the authority to act for the SAF in enlisted lengthy service probation cases. 
---------------- 
--------- 
' Among others, thr:t%~y?tk>-e~?$$ .commanders at Kadena AB (Lt Col 1- --- --- ---_-- - 
; Lt Coil - - - - - - - -i 
--------- 
- --- 

- - - - - - - - - - - - - - - - - -  have been compelled to devote substantial time and effort to SSgt 

-bm-l  Lt c ~ ] ;  

importance, his  3 Sep 04 conduct while on  leave in  Alaska  and en  route to Iraq 
in  a local jail -------- 
resulted in  his confinement I - - - - - - - - - - - - -  
and compelled  his unit to send a short- 
!) in  his steada6 In  short, discharge 
notice replacement (S Sgtl- - - - - - - - - - - - - - - - - - - - - - - 
under this provision in both lawful and well-warranted. 

b.  Characterization of Discharge. 

(1)  Types of Service Characterization.  There are three types of discl~arges that may 

be issued to SSgtj 

:.  They are: 

- - - - - - , 
- - - - - - ,  

(a)  Honorable.  AFI 36-3208, paragraph I .18.1, states that an honorable 

discharge should be issued when the airman's service has generally met Air Force standards 
of acceptable conduct and performance of duty or when a member's service is otherwise so 
meritorious that any other characterization would be inappropriate. 

(b)  General.  AFI 36-3208, paragraph 1.1 8.2, states that a general discharge 

should be issued when the airman's  service has been honest and faithful.  This 
characterization is warranted when significant negative aspects of the airman's conduct or 
performance of duty outweigh positive aspects of the airman's military record. 

(c)  Under Other Tban Honorable Conditions (UOTHC).  AFI 36-3208, 

paragraph 1.18.3, provides that an Airman's  service may be characterized as UOTHC only if 
the member is given an opportunity for a hearing by an administrative discharge board or 
requests discharge in lieu of trial by court-martial.  Characterization of service as UOTHC 
may be appropriate when the reason for separation is based on a pattern of behavior or one or 
more acts or omissions that constitute a significant departure from the conduct expected of 
Airman.  Examples of such behavior, acts, or omissions include, but are not limited to: 

The use of force or violence to produce serious bodily injury or death. 

Abuse of a special position of trust. 
Disregard by a superior of customary superior - subordinate relationships. 

a  Acts or omissions that endanger the security of the United States. 

Acts or omissions that endanger the health and welfare of other members of 
the Air Force. 

Deliberate acts or omissions thot seriously endanger che health andsafety of 
otherpersom (AFI 36-3208, paragraph  1.1 8.3).  (Emphasis added.) 

(2)  Discussion.  A UOTHC discharge can be viewed as a potential outcome here. 

I - - - - - - - - -  

Given the above criteria, SSgt: --------- jconduct appears to subject him to a UOTHC discharge 
in light of the serious and recurring nature of his misconduct and its effect on mission 
readiness and execution (i.e.,  his missing a movement to deploy).  Although only this 
. - - - - - - - 
.-..-..- 
l -. . -. .-:situation as have Family Advocacy personnel at both Kadena AB and Eielson AFB (SSgl- - - - - - -! 
previous base of assignment). 

- 

-- 

- 

See Tab 1-3, LOR, 6 Oct 04, paragraph 3. 

enlistment is subject to characterization in this action, it is clear that SSgt;-----;has a lengthy 
record of excellent on-duty performance that is fatally marred by his conduct towards his 
family and wife in particular.  On balance, we believe acceptance of the conditional waiver 
with a service characterization of general to be an appropriate disposition here. 

. - - - - - - a  

c.  Probation and Rehabilitation  (P&R)/LRngthy Service Consideration.  IAW 

..-.-..-, 

AFI 36-3208, paragraph 5.2.1,  Ainnen must be formally counseled concerning their 
deficiencies and given an opportunity to overcome them before a commander recommends 
discharge for misconduct.  IAW AFI 36-3208, paragraph 6.35, Airmen who havc completed 
at least I6 but less than 20 years'  active service credible toward retirement are entitled to 
special consideration for probation upon their request.l  18 OSSfCC reviewed and evaluated 
I - - - - - - - -  :records, which document the unit's attempt to correct his behavior.  In light of 
SSgt l . . . -. . -. 
the recurring and significant nature of SSgt; -- --- --- :misconduct, 18 OSSfCC 
advocates against P&R for this Airman; we wholeheartedly agree.  SSgt: L - - - - - - ,   was given 
multiple chances to correct his behavior over the course of this enlistment and displayed no 
intention of changing course.  In the reprimand portion of his 7 May 04, Article 15 
(Tab 1-2), (then) TSgt; - - - - -! was given a very clear warning from the previous .I 8 OSSICC 
as to his tenuous position in the AF and the repercussions of additional rniscond~ct.~ His 
response in turn was to break the no contact order on multiple occasions, threaten his wife 
and subsequently cap it off with the above-noted altercation in ~ l a s k a . ~  
other conduct noted in the file (Tab 2)-some 
' IAW AFI 36-3208, paragraph 6.38,  lengthy service review cases may be disposed of in one of four ways: 

of which is not listed as a basis for this 

In conjunction with 

- - - - - strongly 

- - , 

I - - - - - -  

An offer of probation for the time the Airman needs to get minimum retirement eligibility according to 
AFI 36-3202. 

An offer of P&R for a specific period of time IAW AFI 36-3208, Chapter 7. 

Concurrence in the execution of the discharge. 

Other action as directed by  the Office of the Secretary of the Air Force. 

The reprimand reads as follows: 

You  are hereby  reprimanded.  hmestic violence is  a  serious crime,  and this  is  your 
second Article  15  for  substantially the  same  conduct.  While  you  havc  been  a  good 
performer on-duty, you  have proven to be an abysmal failure in your home life with two 
subsequent wives.  Your conduct also necessitated an enormous waste of command time 
dealing with this situation.  You have demonstrated an inability to control your anger or to 
tell  the  truth  regarding  activities in  your  home.  You  need  to  know  that  I  seriously 
considered a hard bust to Staff Sergeant.  Whether or not you remain in the service, this 
aspect of your life needs serious attention.  You  will  come to grips with  your  problems 
and  conduct yourself,  both  on-  and off-duty, as  befits  a  noncommissioned officer and 
member of the United States Air Force. 

9  One th.r.cg.tjpPhis wife is particularly r p e j i n g  as to his judgment and character.  In his 10Aug 04, ernail to 
his wife; ------- p a b  1-3), (then) TSgt 

:wrote as follows: 

.----- 

Look Bitch, 

If you even think about telling my command that I broke the no contact order, I will ruin 
you.  That stays our little secret or you will get the wrath.  You  already cost me one stripe, 
don't  even think about costing me another one.  You have been warned. 

------- 

is clear that SSgt! 

action-it 
probation.'O~" Nor should fiii~6&mand be required to further carry ("limpy') him along to 
1 1 Aug 08-his 

!does not merit further chances via P&R or lengthy service 

20-year retirement eligible date. 

6.  Commander's Options.  As the Special Court-Martial Convening Authority, you may: 

a.  Direct that this action be discontinued based upon a finding that the recommendation 

for discharge is not supported by the evidence. 

b.  Refuse to accept the offered conditional waiver and direct that an administrative 

discharge board be convened. 

c.  Forward this discharge package .-..-.. 

to 5 AFICC with your recommendation that he accept 

the conditional waiver, separate SSgt;------)Jith an honorable discharge with or without 
suspension for probation and rehabilitation, and make a recommendation for or against 
lengthy service probation. 

'O  This other information may not be used in determining whether a basis for discharge exists.  It may however, 
be considered in determining the characw of the discharge and whether P&R  or lengthy se~vicc probation 
should be offered. 

I '   Tab 2 includes a chronological listing of Family Advoapya.dpns  in this cake along with associated civil 
curtactions.  The conduct in Tab 2 makg-$lear th$$$gt  l- - - ---:situation extends to his most recent ex-wife 
t.. -. . i), ex-wife t--------------iB 
daughter (  ; alkalal- - - 1 and stepchildren (. -. . - ., -. . -. -. .  and is not 
L - - - - - -   ; (Note that ssgt:.  . . . :has one 
limited or situation-specific with respedliliis most recent ex-wife,:------' 
other daughter+- - - - - - - - - - - - 
It includes: 

age 17, who lives in Tacoma, WA-who 

is not reflected in any of the actions.) 

-------------- 

*  26 Aug  01--spanking  with paddle of daughter: - - - - - - - - - :(age 9) for kissing a boy-spanking 

I - - - - - - - - - -  

visible bruises three day later.  Incident occurred at Eielson AB. 

left 

, - - - - - - - - - - - - - - -  

----- 

30 Aug Old..  -. -. . -. . -. . -. Isworn submission in her filing for a protective order which was granted 
by the court  It reads as follows: 
24 Aug 01.  During a weekend visit with her father,: ----- :was hit 3 timw with a paddle on 
her bottom, leaving considerable bruising [sic] which were very visible when I picked her 
up from his home 2 days later.  At that time 1 reported it to officials and Bassett Army 
Hospital that she had been hit with w~bject. Since our divorce, my 8 year-old child have 
1 - - - !continues to be mentally abused by  her father. 
[sic] been verbally abused b6:--:!, 
Before our divorce was final, while still. in  our home, my ex-husband tried to choke me, 
and kicked and stepped on my  legs because I would not give him the phone to call his 
girlfriend who is now his wife. 
26 Dec 01-mutual  minor affray with wifei --- --- --- --. i.  Incident occurred at Eielson AFB. 
*  7 Nov 02-~~y@?!~~1seof Hfe: - - - - - -:(part of basis for action) as well ;s ------------------ 

emotional maltreatment 
:, age 10, which appeared to include stepson; - - - - - - - - - - - - - - - - - i age 

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

------------ 

I - - - - - - -  

of stepson: 
15, a5 well. 

*  Dec 03-Feb 04-multiple 

incidents of spousal abuse as reported by stepchildren and wife,:---.--;. 

I - - - - - - -  

Note that the 26 Feb 04 was documented by command action (Tab 1-2). 

d.  Forward this discharge package , - to - - - 5 - - AFICC with your recommendation that he accept 

the conditional waiver,  separate SSgt;-- 
suspension for probation and rehabilitation,  and make a recommendation for or against 
lengthy service probation. 

with a general discharge with or without 

7.  Recommendation.  I recommend you forward this discharge package to 5 AFICC wit11 
.................... 
the recommendation that he accept the conditional waiver, separate SSgtl-------------------: 
with a general discharge without suspension for probation and rehabilitation, and 
recommend that lengthy service probation not be offered.  Should you concur, a proposed 
memorandum to effect such action is attached. 

I concur. 

b................,......,....>.....,...,~.,,..' 

Chief, Adverse Actions,  18th Wing 

..-. .-..-..-....-..-..------------------------- 
Staff Judge Advocate,  1 8th Wing 

1 

Attachments: 
1.  Notification Memorandum w/atchs 
2.  Other Derogatory Data (Family Advocacy Records and civil court actions) 
3.  Airman's Receipt of Notification Memorandum 
4.  Airman's Response 
5.  EPRs 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR SSGT 1..  . . -. . . . -. . . . -. . -. -. . -. -. , . -. . -. . . . -. . . . -: 

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

FROM:  1 8 OSSICC 

SUBJECT:  Notification Memorandum-Board  hearing 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  A 
Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this 
action is AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative 
Separation ofAirmen,  paragraph 5.50.2.  Copies of the documents to be forwarded to the 
separation authority to support this recommendation are attached. 

2.  My specific reasons for this action are as follows: 

a.  Between 1 Jul02 and 3 1 Jul02, you assaulted your wife by pushing down on her head 

with your forearm. 

b,  On 4 Nov 02, you assaulted your wife again by grabbing her hair, holding her head down 

and punching the back of her head with your fist. 

c.  On several occasions between  15 Nov 02 and 20 Nov 02, you violated a lawful order to 

have no contact with your wife. 

As a result of the above listed misconduct, you received an Article 15 on 28 Jan 03.  Your 
punishment included a reduction to TSgt, forfeiture of $500 pay per month for two months and a 
reprimand (Tab 1- 1). 

d.  On 26 Feb 04, you head-butted and pushed your wife.  As a result, you received an Article 
15 on 7 May 04.  Your punishment included a suspended reduction to SSgt, a 60-day restriction 
and a reprimand (Tab 1-2). 

e.  On several occasions between 12 Mar 04 and 1 Jun 04, you violated a lawful order to have 

no contact with your wife.  As a result, you received a Letter of Reprimand (LOR) on 
6 Oct 04 and an Unfavorable Informatioil File (UIF) was established (Tab 1-3). 

f.  On 3 Sep 04, in Anchorage, AK, you were disorderly by yelling at your wife.  As a result, 

the suspended portion of your nonjudicial punishment was vacated on 27 Oct 04 and you 
received a reduction to SSgt.  Additionally, as a result of your misconduct, you missed your 
scheduled deployment and another member of the squadron was compelled to hurriedly pack his 
bags and deploy to fill the gap you caused. (Tabs 1-3, 1-4). 

g.  On 3 Sep 04, in Anchorage, AK, you assaulted your wife by punching her in the face.  As a 

result, on 14 Dec 04, a judgment was entered against you for domestic violence assault in the 
District Court for the State of Alaska, at Anchorage.  The imposition of sentence was suspended 
and you were placed on probation for a period of one year, subject to the following orders and 
conditions:  a $500 fine plus a $50 surcharge, to make restitution, commit no jailable offenses 
during the period of pobation, complete a domestic violence intervention program, and to have 
no contact with Msl--------------- 

---------------- 
:  (Tab 1-5). 
,. 

3. .This action could result in your separation with an under other than honorable conditions 
(UOTHC) discharge.  1 am recommending that you receive a UOTHC discharge.  The 
commander exercising special court-martial jurisdiction or a higher authority will make the final 
decision in this matter.  If you are discharged, then you will be ineligible for reenlistment in the 
United States Air Force and will probably be denied reenlistment in any component of the armed 
forces, and any special pay, bonuses, or education assistance funds may be subjected to 
recoupment. 

4.  You have the right to: 

a. Consult-legal counsel. 

b. Present your case to an administrative discharge board. 

c. Be represented by legal counsel at a board hearing. 

d. Submit statements on 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 have been scheduled for a medical examination.  You must report to the Physical 
Examination Section, 18th Medical Group, Kadena AB, Japan at 
for the examination. 

/52dAfr  on  3mdR $5 

' 

6.  Military legaJ-cgm~e!-xis been obtained to assist you.  I have made an appointment for you to 
consult  Cqpt ! 
at the Area Defense Counsel at Building 1460 on  ?MAR. $5 
at  #9W 
hours.  Instead of the appointed counsel, you may have another, if the lawyer you 
request is in the active military service and is reasonably available as determined according to 
AFI 51 -201, Administration ofMilitaly Justice. In addition to military counsel, you have the 
right to employ civilian counsel. The Military Component does not pay expenses incident to the 
employment of civilian counsel. Civilian counsel, if employed, must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, 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 behalf.  I will send 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 right to the board hearing.  Also, if you request a board and you 

fail to appear without good cause, your failure to appear constitutes a waiver of your right to be 
present at the hearing. 

8.  Under AFI 36-3208, paragraph 6.35, Airmen who have completed 16 but less than 20 years 
active service creditable toward retirement at the time discharge action starts are entitled to 
special consideration for probation upon their request.  They are not discharged until their cases 
have been referred to HQ AFMPCI DPMARSZ for further review according to procedures set 
forth in the AFI.  Accordingly, if this discharge recommendation results in an approved 
discharge, you may request that it be reviewed in the Office of the Secretary of the Air Force 
prior to execution. 

9.  Any personal information that you furnish in rebuttal to this discharge action will be governed 
by the Privacy Act of 1974.  A copy of AFI 36-3208 is available for your use at the Area 
Defense Counsel's  office. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

........................... A .-.-..-.-..-.-..-.-- 

1 . - . . - . - . . - . - . . - . - . - - - - - , I I I I I I I I I I I I I I I - - - - - - - - - - :  
Commander, 18th Operations Support Squadron 

Attachments: 
1. Supporting Documents 

1-1. Article 15, 14 Jan 02 
1-2. Article 15'3 May 04 
1 -3. LOR/UIF,  6 Oct 04 
1-4. Vacation Action, 2 1 Oct 04 
1-5, Civilian Judgment, 14 Dec 04 

2. Receipt of Notification Letter