1  NAME OF SERV1C:E I\IER.IBER (IASI", FIRST MIDDLE INITIA12) 
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AIR FORCE DISCHARGE RKVIEW BOARD HEARING RECORD 

1  GRAI)E 
AMN 

(  AFSNISSAN 
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C.-.-......-.-.-... 

'OUNSEI* 

NAMh OF COUNSEL AND OH ORGANIZATION 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATlOhl O F  COllNShL 

YES 

No 

X 

I 

I 

MEMBER SITTING 

I 

VOTE OF TIIF, BOARD 
, A   -  -- 

I I 

- 

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ISSUES 

A93.01 

I  INDEXNClMAFR 

A67.10 

HEARING OATE 

1  22 Feb 2007 

CASE NUMBBH 

1  FD-2006-00252 

I 
:XtlXBITS SUBMTI'TED TO THE BOARD 

I 

I 

ORDI'R  AI'I'OMTMG  TI IF. BOARD 
AI'PI.ICATION  I'OK  REVIEW  01' DISCHARGE 
LETTI'K OF NOTIFICAI'ION 
HRIEF OF PBKSONNEL FILE 
COUNSEL'S  RELEASE TO THC BOARD 
ADDI'I'IONAL EXHIBI'I'S SUBMITTEL) AT TIME 01' 
PERSONAL APPEAKANCE 

TAPE RI'C:ORDING  OF PERSONAL APPI'ARANCE  HE 

1 
2 
3 
I  4 

I 

1 

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1 

Advise applicant of thc decision of thc Board, ihe right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMR. 

1  Na~nes and votes will be made available to the applicant at the applicant's  request. 

550 C STREET WEST, SUITE 40 
RANDOLPH AFH. 'I  X 781 50-4742 

SECREI'AHY OF TllE AIR  FORCE PERSONNEL COUNCII. 
AIR FORCE  DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANI)HF.WS  AFB, ~ ~ ' 2 0 1 6 2 - 7 1 t O 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-ZU06-00252 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicailt 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 dischargc. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds the  applicant  submitted no  issues  contesting  the  equity or propriety  of the  discharge, and 
after  a thorough review of the record, the  Board  was unable  to  identify  any that  would justify  a change of 
discharge. 

ISSUES: 
Issue  1 .   Applicant conteilds discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s and two Letters of Reprimand for misconduct.  The misconduct included 
failure to go, making verbal threats to another airman, conspiracy to commit an assault and battery, and 
unlawfully striking another airman. The DRB opined that through these administrative actions, the applicant 
had ample opportunities to change his negativc behavior.  The Board concluded the misconduct was a 
significant departure from conduct expected of all military members.  The characteri~ation of the dischargc 
received by the applicant was found to be appropriate. 

Issue 2.  Applicant coiltends that he  should not be  penalized  indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 20 years of age when the discharge took place.  However. there is no 
evidence he  was immature  or  did  not  know right  from wrong.  The Board  opined the  applicant  was  older 
than  the vast  majority of  first-term members who properly  adhere to the  Air Force's  standards of  conduct. 
The  DRB  concluded  that  the  characterization  of  the  applicant's  discharge  was  appropriate  due  to  the 
misconduct. 

Issue 3.  The applicant stated he was told his discharge would automatically be upgraded  in six months.  The 
DKB  noted  the  issue  was common, the result  of  miscommunication.  A discharge  is upgraded  only  if  the 
applicant  and the DRB can establish an inequity  or impropriety took place at the time of discharge.  In this 
case, none was found. so the Board denied the appeal. 

CONCLUSIONS:  Thc  Discharge  Revicw  Board  coilcludcs  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  rcquireinents  of  the  discharge rcgulation  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 dischargc, 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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Tinker AFB, OK on 25 Mar 
97 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Apr 76. Enlmt Age: 18 7/12.  Disch Age: 20 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-86,  E-71,  G-55,  M-78. PAFSC: XlA531 -  Aircrew Airborne Computer 
Systems Apprentice. DAS: 9 Feb 96. 

b.  Prior Sv:  (1) AFRes 19 Nov 94 -  14 Mar 95  (3 months 26 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Mar 95 for 6 yrs. Svd: 02 Yrs 00 Mo 11 Das, all AMS. 

b.  Grade Status:  A m  -  24 Oct 96  (Vacation of Article 15, 6 Mar 97) 

A1C  -  29 Apr 95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 06 Mar 97, Vacation, Tinker AFB, OK -  Article 117. 

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

You. did. on or about 1 Dec 96. wronqfullv communicate 
to SrA 1 .................... 
: a  threat to kick his ass and cap him 
in the knee.  Article 86.  You, did, on or about 26 Feb 
97, without authority, absent yourself from your place 
of duty at which you were to be, to wit:  building 282 
room 126, located at Tinker AFB, OK, and did remain so 
absent until on or about 28 Feb 97.  Reduction to A m .  
(No appeal) (No mitigation) 

d 

(2) 24 Oct 96, Tinker AFB, OK -  Article 81.  You, did, on 

or about 24 Sep 96 conspire with SrA 1 ...................... 

..-..-..-.-..-..-....-. 
if  A-  L -------------------------: 
and 

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if  A m :  

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I - - - - - - - - - - - - - - - - - - - - - - - - - -  

i 

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

:to commit an offense under the Uniform 

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

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Code of Military Justice, to wit: assault consummated by 
a battery and in order to effect the object of th-c--------- 
conspiracy you, SrA : 
.------ 
----- 
'  Amn 1 .-..-..-....-..-..-.---. 
i and: 
: ~ - ~ ~ - ~ ~ - ~ ~ ~ - ' ~  
invite A m ;  .-....-..-..-.-..-----------: 
to room 105, building 5903 
...-..-..-.-..- 
where he was in fact assaulted.  Article 128.  You, did, 
.------------- 
on or about 24 Sep 96 unlawfully strike A m  1 ------------- 1 
-------------. 
Suspended reduction to Airman.  Forfeiture of $228.00 
pay and 14 days extra duty.  (No appeal) (No mitigation) 

:in the face and arms with your closed fist. 

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a-nn L - - - - - - - - - - - :  
: did 

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

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. 

e.  Additional: LOR, 27 FEB 97 -  Failure to go. 

LOR, 27 JAN 97 -  Making verbal threats via telephone. 

f.  CM:  None. 

g.  Record of SV:  15 Mar 95 -  15 Oct 96  Tinker AFB  2  (HAF Dir)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS: (02) Yrs  (04) Mos  (07) Das 
TAMS: (02) Yrs  (00) Mos  (11) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  It has been 8 years, I was told after 6 months could be move to 

honorable,  I have grown as a man,  I am a Father &  Husband now and would like 
to be able tell my children I was Honrably  (sic) released. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

552d OPERA'I'IONS GROUP (ACC) 

TINKER AIR FORCE BASE, OKLAHOMA 

l

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20 March 1997 

MEMORANDUM FOR AI c I-.~.-. 

............................................... 
: 965 AACS 

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

FROM:  965 AACSICC 

Tinker APB OK  73 145 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Misconduct.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49, Minor Disciplinary 
Infractions.  If my recommendation is approved, your service will be characterized as honorable 
or general,  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

L.-....-.-- 

----------- 

, - - - - - - - - 

a.  On 24 Sep 96  you conspired with SrAL ----- -- ; ~ m n  
30 invite Amni 

; md  - - - - - - - - 
--------- 
i into a room for the purpose of committing an offense 
upon 
h the face and arms with your fist.  As a result, you received kn 
unlawfijly strike 
Article 15, dated 24 Oct 96.  Punishment was reduction to the grade of airman (suspended until 
23 Apr 97), forfieiture of $228 pay, and  14 days extra duty.  See Atch 1. 

....................... 
L - - - - - - - - - - - - , - - - - - - - - - - - - - - - - - - - - i,  specZcally assault and battery,  At that time, you did in fact, 

.-.t  .-.-....-. ....-.- 
....................... 

- - - - - - - - - - 

--------  hi"--"-" 
i . . . . . . . i 

--------- 

b.  On 1 Dec 96, you made verbal threats to SrAi 

a Letter of Reprimand (LOR), dated 27 Jan 97.  See Atch 2. 

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

!.  As a result, you received 

c.  On 26 Feb 97 and 27 Feb 97, you failed to go to your place of duty, Bldg 282, Tinker 
AFB OK.  You also did not make yourself available to be contacted about reporting for duty.  As 
a result, you received a Letter of Reprimand, dated 27 Feb 97.  See Atch 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 and, if you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for reenlistment. 

3.  You have the right to consult counsel.  Military  legal counsel bas been obtained to assist you. 
I have made arrangements for you to consult Capt: ------------------ I  at Bldg 452, Tinker AFB OK 
on 24 March 1997, at 1030 hours,  If it is necessary to change this appointment time, call Capt 
Mobly's office at 4051739-7713.  You may consult civilian counsel at your own expense. 

g L d o l P o w g r  for  o 4 m r r i e a  

4. You have the right to submit statements in your own behaK  Any statements you want the 
separation authority to consider must reach me by 25 March 1997, unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  You were scheduled for a medical examination on 19 Mar 97, and you should have reported to 
the Tinker AFB Hospital, Physical Exam Section, on that date for the examination. 

7.  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 in the orderly room. 

. 

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

C . . - . - . - . . . . - . - . . . . . . ~ . ~ . . . . ~ . ~ . ~ . . . . ~ . - . . . . . . ~ . ~ . . . . ~ . ~  

Squadron Section Commander, 965 AACS 

Attachments: 
1.  Art 15, dtd 24 Oct 96 
2.  LOR, dtd 27 Jan 97 
3.  LOR, dtd 27 Feb 97 
4  Acknowledgment Ltr