1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

MEMBER SITTING 

+ 

J 

- 

+ 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

ISSIIES 

A94.05 

INI)I.,X NllMHER 

A67.30 

1  GRADE 

1  AFSNISSAN 

1 

X*+ 

X*+ 

X*+ 

x*.r 

X*+ 

- 

1 
2 
3 
4 

,  EXHlBITS S'IIBMITTED TO THE BOARD 

ORIII'K  AI'POINTWG  THE BOAKI) 
APPl  ICA'I ION  FOR REVIEW OF IIISCHARGE 
LETTER O F  NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RI+.I.F.ASE TO THE BOARI) 
ADDITIONAI,  EXHIBITS SUBMITTbD A T  TIME OF 
PERSONAI. APPEARANCE 

HEARING  DATE 

C A W  NUMRER 

TAPI;  Kb.CORDING OF PERSONAI. APPEARANCE HL 

08 Feb 2007 
APPLICAKI'S 1SSL.L AtiD THE BOARD'S DECISIONAL  RATIONAL  A M  DISCI'SSFD ON THE AT7ACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATl0YAl.E 

FD-2006-00299 

I 

I 

I 

Case heard in Washington,  D.C. 

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

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

1 

I 

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

AI'BQ  FORM 0-2077, JAN  00 

SECRETARY OF THE AIR FORCE PERSONNEI. COIJNCIL 
AIR FORCE DISCIIARGE  REYIEW  BOARD 
1535 COMMAND DR. EE WING. 3RD FI.OOR 
ANDRKWS AFB, MD 10761-7002 

I 

(EF-V2) 

Previous edition will be used 

-d 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00299 

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  rcason  and  authority  for  discharge,  and  changc  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiatcs  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident in 
38 months of service.  He has expressed a desire for upgrade of his discharge to allow for reenlistment into 
the armed forces.  The records indicated the applicant had a Special Court Martial and was found guilty of 
unlawfully entering the dwelling unit of a female; being drunk and disorderly; and committing an indecent 
assault upon a female.  He was punished with a reduction in grade to Airman, $100.00 fine, 90 days of hard 
labor without coniineinent, restriction to Offutt AFB for 60 days and a reprimand.  Thc Board concluded the 
misconduct was a significant departure lrom 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 thc 
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 DISCIIARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Offutt AFB, NE on 11 Feb 
05 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 for Discharge. 

2.  BACKGROUND: 

a. DOB: 4 Feb 81.  Enlmt Age: 20 8/12.  Disch Age: 24 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-89,  E-78,  G-72,  M-69. PAFSC: 1A331 - Airborne Communications & 
Electronic Systems Apprentice. DAS: 11 Oct 03. 

b.  Prior Sv: (1) AFRes 4 Oct 01 -  18 Dec 01 (2 months 15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Dec 01 for 4 yrs. Svd: 03 Yrs 01 Mo 23 DaS, all AMS. 

b.  Grade Status:  Amn -  13 Oct 04  (SPCMO No.1, 27 Oct 04) 

A1C -  26 Apr 03 
A m  -  26 Jun 02 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial Order No.1 -  27 Oct 04 

CHARGE:  Article 134.  Plea: Not Guilty.  Finding: Guilty. 

Specification 1:  Did, at or near Bldg 365, Room A209, Offutt AFB, 
Nebraska, on or about 7 Feb 04, unlawfully enter the dwelling unit 
of a female.  Plea: Not Guilty.  Finding: Guilty. 

Specification 2:  Was, at or near Offutt AFB, Nebraska, on or 
about 7 Feb 04, drunk and disorderly.  Plea: Not Guilty.  Finding: 
Guilty. 

Specification 3:  Did, at or near Bldg 365, Room A209, Offutt AFB, 
Nebraska, on or about 7 Feb 04, commit an indecent assault upon a 
female, a person not his wife, by putting his arm around her and 
groping her breasts, with intent to gratify his sexual desires. 
Plea: Not Guilty.  Finding: Guilty.  Sentence adjudged by officer 
members on 29 Sep 04:  Reduction to Airman, $100.00 fine, 90 days 
hard labor without confinement, restriction to Offutt AFB, 

Nebraska for 60 days and a reprimand. 

g.  Record of SV: 19 Dec 01 -  15 Jan 04  Offutt AFB  5  (Initial) 
16 Jan 04 -  07 Oct 04  Offutt AFB  3  (CR0)REF 

h.  Awards &  Decs:  AFAM, NDSM, MUA, GWOTSM. 

i.  Stmt of Sv:  TMS: (03) Yrs  (04) Mos  (08) Das 
TAMS:  (03) Yrs  (01) Mos  (23) Das 

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

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

Discharge) 

Issue 1:  My discharge is inequitable because it was based on one isolated 

incident in 38 months of service with no other adverse action. 

Issue 2:  The discharge is improper because a jury of Officers in my Special 

Court Martial did not find that my actions merited a discharge.  If possible I 
am also hoping for a change in my RE code so I can hopefully serve my country 
again in the future. 

ATCH 
1. Air Force Achievement Medal. 
2. Certificate of Appreciation. 
3. Enlisted Performance Report. 
4. AF Form 100. 
5. DD Form 214  (Member-1). 
6. Response to Letter of Notification of Discharge 
7. Two Letters of Recommendation, 
8. Discharge Acknowledgement. 
9. Two Character References. 

,  , 

b 

DEPARTMENT OF THE AIR FORCE 

Headquarters, 55th Wing (ACC) 
Mutt Air Force Base, Nebraska 

fZDw6-d02F'f7 

FROM: 1 ACCS/CC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct- 
Commission of a Serious Offense.  The authority for my recommendation is AFPD 36-32 and 
AFI 36-3208, paragraph 5.52.3.  If my recommendation is approved, your service will be 
characterized as honorable or general (under honorable conditions).  1 am recommending that 
your service be characterized as general. 

2.  My reason for this action is: 

a.  On or about 7 February 2004, you unlawfully entered the dwelling unit of a female. 
For this incident you were convicted by a Special Court-Martial resulting in a reduction to the 
grade of E-2, a $100.00 fine, 90 days hard labor without confinement, restriction to Offitt Air 
Force Base, Nebraska, for 60 days and a reprimand.  (Atch) 

b.  On or about 7 February 2004, you were drunk and disorderly.  For this incident you 

were convicted by the same Special Court-Martial identified in paragraph 2.a. above. (Atch) 

c.  On or about 7 February 2004, you committed an indecent assault upon a female, a 

person not your wife, by putting your arm around her and groping her breasts, with the intent to 
gratify your sexual desires.  For this incident you were convicted by the same Special Court- 
Martial identified in paragraph 2.a. above.  (Atch) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to cons  t Ca  tain: ------- -- -- -- -- -- -- -, 
-----------------~------ 
I Bldg 323C, Room 
. YOU  may consult civilian counsel at 
302, .Phone 4-3939, at  (00 0  on 
your own expense. 

1  FJ O< 

5.  You have the right to submit statements on your own 
separation authority to consider must reach me by  b/ 
receive an extension for good cause shown.  I will send them to the separation authority. 

alf.  Any statements you want the 
5 
unless you request and 

Personal Data - Privacy Act of 1974 Applies 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 55th Medical 
Group,  f I+ MPL~Lz. at  O 'I 15  on 
your medical records prior to your appointment. 

I  & b 05  for the examination.  Please pick up 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 3236, at 
lQi3Qon 

with your escort. 

1  R h 0 5  

9.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

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

1.. 

-.-..-..-..-.-..-..---------------------: 

%mmander,  1 st Airborne Command and Control Squadron 

Attachment 
Special Court Martial Order No.  1 

Personal Data - Privacy Act of 1974 Applies