AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MRMRER (I,AST, FIRST MIDDLE INITIAL) 

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TYPIC BCD 

Co"NSP.l' 

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No 

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PERSONAL APPEARANCE 

NAME OF COIINSFI. ANll OH OHCANllA I  ION 

GRADE 

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AFSNISSAN 
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RECORDREVIEW 

MEMBEK SITTING 

HON 

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VOTE O F  THE BOARD 
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'  0 I H t . R   1 I3PNY 

INDEX NUMBER 

A68.00 

1  CASE NIRIl&ER 

EXHIBITS SUBMITTED T O  THE BOARD 

ORDER APPOINTING THE BOARD 
APPL.ICATION  FOR  REV1T.W  OF DISCIIAR(.il! 

LETTER OP NOTIFICATION 
BRIEF OF PERSONNEL PILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADnlTlONAI. RXI-IIRITS SURMITTT,D AT TIME OF 
PERSONAL APPEARANCE 

'TAI'E  KECOKDING OF PERSONAL APPEARANCE HE 

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01 Mar 2007 
APPI.ICANT'S  ISSUE ANll THE HOARD'S  1)ECISIONAL RATIONAL ARE DISCUSSED ON TllE ATTACIIED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00375 

Case lieard in Washington, D.C. 

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

Namcs and votes will be made available to the applicant at the applicanl's rcqucst. 

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TO: 

SAFIM 1<13K 
550 C:  STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78 150-4742 

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INDORSEMENT 

DATE-~/I  12007 

FROM: 

SECRETARY O F  THE AIR FOKUE PEKSONNEL COIINCIL 
AIR  FORCE DISCIIAROE REVIEW BOARD 
1535 COMMAND I)R, RE WINC:,3RI)  FI.OOR 
ANUREWS AFB, MU 20762-7002 

A17IIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

A1R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBEH 

FD-2006-00375 

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

The applicant was offered a personal  appearance before thc 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 is denied. 

The Board finds that neither cvidcncc of rccord nor that provided by the applicant provides a sufficient basis 
in clemency for a change of discharge. 

ISSUE: 

The applicant's  issues are listed in the attached brief. 

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable. 
The applicant  reccivcd a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting froin 
a Special Court-Martial conviction. Undcr thc provisions of Section  1553, 10 USC, the only basis for a 
change of a Bad Conduct discharge is clemency.  Thc applicant did not present any evidence which the DRB 
opined that would warrant granting clemency. 

CONCLUSIONS:  The  Discharge  Review  Board  concluded  that  the  applicant's  punitive  discharge  by 
Special Court-Martial is appropriate under  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,  M D  

(Former AB)  (HGH AlC) 

1.  MATTER  UNJ3ER  REVIEW:  Appl rec'd a BCD Disch fr USAF Keesler AFB, MS on 5  Apr 
99 UP SPCMO No.3  (Conviction by Court Martial).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Jul 77.  Enlmt Age: 17 5/12.  Disch Age: 21 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-54,  G-46,  M-41. PAFSC: 3P051 -  Law Enforcement Journeyman. 
DAS: Unknown. 

b.  Prior S v :   (1) AFRes 12 Dec 94 -  13 Jun 95 (6 months 2 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  ~nlisted as AB 14 Jun 95 for 4 yrs.  Extended 17 Jul 96 for 6 months. 

Svd: 03 Yrs 00 Mo 23 Das, of which AMS  is 02 Yrs 11 Mos 05 Das  (excludes 1 month 
18 days lost time) . 

b.  Grade Status:  AB  -  18 May 98 (SPCMO No.3, 19 Jun 98) 

A1C -  14 Oct 96 
A m  -  Unknown 

c.  Time Lost:  18 May 98 thru 6 Jul 98 (1 month 18 days). 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court-Martial Order No.3 -  19 Jun 98 

CHARGE I:  Article 86.  Plea: Guilty.  Finding: Guilty, 

Specification 1:  Did, at Aviano AB, Italy, on or about 14 Mar 98, 
without authority, fail to go at the time prescribed to his 
appointed place of duty, to wit: Building 901, Guardmount. 
Plea: Guilty.  Finding: Guilty. 

Specification 2:  Did, at Aviano AB,  Italy, on or about 14 Mar 98, 
without authority, go from his appointed place of duty, to wit: 
Guardmount.  Plea: Guilty.  Finding: Guilty. 

Specification 3:  Did, at Aviano AB, Italy, on or about 15 Mar 98, 
without authority, fail to go at the time prescribed to his 
appointed place of duty, to wit: Building 901, Guardmount. 
Plea: Guilty.  Finding: Guilty. 

Specification 4:  Did, at Aviano AB, Italy, on or about 17 Mar 98, 
without autority, fail to go at the time prescribed to his 
appointed place of duty, to wit: Building 1135.  Plea: Guilty, 
Finding: Guilty. 

CHARGE 11:  Article 89.  Plea: Guilty.  Finding: Guilty. 

- 

:.-..-..-..-..-....--------m 

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

:, 

: face and saying to him "Fuck 

Specification 1:  Did, at Aviano AB, Italy, on or about 18 Mar 98, 
behave himself with disrespect toward Captain ............................ 
his superior commissioned officer, then known by the said A1C 
........................... 
:to be his superior commissioned officer, by 
spraying water in Captain; ------------. 
youu and "You are all racist motherfuckersIfl (amended after 
arraignment to include the words, "You are all racist 
motherfuckersIt merged from Charge 11, Specification 11) or words 
to that effect.  Plea: Guilty. Finding: Guilty. 
Specification TI:  Did, at Aviano AB, Italy, on or ------------------ 
98, behave himself with disrespect toward Captain l.................: 
,--- ------ 
.................................. 
saying to him, "You are all racist motherfuckers," or words to 
that effect.  Plea: Guilty.  Finding: Merged with Charge IT, 
Specification 1. 

about 18 Mar 
3  his superior commissioned officer, the known by the said 
: to be his superior commissioned officer, by 

+ % % % % % % % % % % - - - - - - - - - - - - - - - - - - - - - -  

CHARGE 111:  Article 91.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at Aviano AB, Italy, on or about 18 Mar 98, 
was disrespectful in language toward SMSgt I .........................  1 , U. S . 
--------- 
U. S . Air Force, noncommissioned 
Air Force and MSgt :----------------------it 
officers, then known by the accused to be superior noncommissioned 
officers, who were then in the execution of their office, by 
saying to them, "You all are racist motherfucker~,~ or words to 
that effect,  Plea: Guilty.  Finding: Guilty. 

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

CHARGE IV:  Article 108.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at Aviano AB, Italy, on or about 18 Mar 98, 
without proper authority, willfully destroy by knocking to the 
floor two pictures, each of a value of less than $100.00, military 
property of the United States.  Plea: Guilty.  Finding: Guilty. 
Sentence adjudged on 18 May 98:  Bad conduct discharge, 
confinement for 60 days, forfeiture of $617.00 pay per month for 2 
months, and reduction to E-1. 

g.  Record of SV: 14 Jun 95 -  15 Jul 97  Aviano AB  4  (HAF Dir) 

h.  Awards &  Decs:  AFTR, NDSM, NATOM, AFOSLTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (05) Mos  (07) Das 
TAMS: (02) Yrs  (11) Mos  (05) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Sep 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. 31 FW/CC Ltr, Required Excess Leave. 
3. Special Court Martial N0.3,  19 Jun 98. 
4. Request  for Appellate  Defense Counsel. 
5.  AF  Form 286A. 
6. DD Form 214. 
7. DD Form 4 .  
8. AF  Form 1411. 

To Whom It May Concern: 

.------------------------, 
19;.  -. -. . . . . . -. -. . . - - - - - - - -1 

:haw recently decided to request an upgrade of my 

discharge to honorable.  My reasons for doing so are bssed on a number of facts.  Just as 
eight years ago I redly don't  blieve in making excuses for myself even if I do feel like 
the des for deciding my punishment were unjust. What I do still believe in, just like 
before, is fairness and that is what I'm banking on to upgrade my discharge. 

I somewhat understand what I believe is normally required in these type of 

proceedings, but I want to go a different mute, I could get family members to protest ia 
writha form why they think I dewwe a discharge but tbat is like cheating because family 
will do or say just about anything to improve their relative's wellWi.  I could try to get 
statements from governmeat officials, pastors, teachers, ca-workers, and other assumed 
trustworthy professionals but I have to be honest and say that those people really don't 
know enough about me to pass accurate judgment. 

I don't  honestly know whether I deserve an upgrade and I respect and understand 
that those given that authority should be left with that decision.  What J will do is tell you 
why I feel I should be given a fair and equal heating. 

1.  I did serve my country for three whole years. 
2.  Since 98', which is when I was discharged, I have worked and probably paid 

3. 

more taxes than the average citizen within that timeframe. 
I've remained out of trouble with the law d u h g  aII that time and I have a 
clean criminal record to show for it. 

4.  I have paid thousands of dollars of my own hard earned cash to federal 

universities and other public schools of higher learning in order to enable 
myself to be a more productive citizen. 

. 

Now that may not seem like a lot to some people but I h o w  its a lot more than what I've 
seem some of these so-called citizeas dofie and they get grants, loam, and other benefits 
to do whatever they f e l  like and they have not done the &st  thing to earn it. 

What I feel that I did wrong was mfiw to be wuseled during the time of my 

procedures for punishment before I was court-martialed.  But I took my punishment like 
a soldier without bringing any of my comrades down.  I saved my time in military 
confinement, I paid my forfeitures, I worked fulltime for an extra couple of months even 
after my rank was taken, and I've legally survived in this country without access to any 
real veteran benefits due to the bad-conduct discharge.  The other thing I felt that I did 
wrong was I did not w e  the time that I had sworn in to m e  back in 95'  when I 
enlisted.  So I am willing to consider serving my country in a resewed role as long as the 
profmsion tmhfidly helps &seming people and that it compatible with my moral kliefs 
and I feel tbat our military should have some kind of position in my area that fia those 
requirements.  So what I am saying is that, if it is necessary, I would like to finish my 
term as a reserve, serving my area in order to earn my upgrade and good m e ,  I hope 
that this letter finds those who have been given the authority to decide over my case and. I 
wish tbat it serves its purpose. 

P.S.  I will not be able to appear before a hearing not out of disrespect, but because of 
mod and professional obligations. 

~ ~ 8 5 : 5  '5  ' 1 3 0   a w l  p a A l a 3 a I  

DEPARTMENT OF THE AIR FORCE 

I3EADQUARTERS SECOND AIR FORCE .(AETC) 

KEESLER AIR FORCE BASE, MISSISSIPPI 39534-2804 

Special Couit-Martial Order 
No. 12 

............................. 
the special court-martial case of AIRMAN FIRST CLASS 1 ----------------------------I 

: United States Air Force, 3 1 st Security Forces Squadron, Aviano Air Base, Italy, 

In i....nn....nnw 
L-......-.-......-..r 
. - -  
the sentence to a bad conduct discharge. confinement for 60 days, forfeiture of $617.00 pay per 
month for two months, and reduction-td' the grade of E-I, as prbmulgatcd in Special 
Court-Martial Order No. 3, Headquarters 3 1 st Fighter Wing (USAFE), dated  19 J~urc 1998, has 
been finally affirn~ed. Article 71(c)  having been complied with, the bad conduct discharge will 
be executed.  The sentence w m u d g e d  on 18 May 1998. (ACM S29573) 

....-.-......-.-......-.~......~-....I.~.~......~.~~.....~.., 
Commander 

9 106 old HWY  24,  M C C O ~ ~ ,  MS 3964s (ACC) 

(MJ) 

BOX ~ ~ g : ; 6 i p u : ~ : g ~ p ~ 4 - ~ d i g o  

! USAF Trial Judiciary, European Circuit, Unit I 0305, 

3 1 FWIJA, U11it 6 140, Box 1 15, APO AE 09604-0 1 15 (TC) 

DISTRIBUTION 
I  - ~ n i  ,,,,,,,,,,,,,,,,,,J------ 
1 - Lt €a 
1 - Capt ; .....-.-......,----- 
1 - Capt L ....,........ 1,  AFLSNADC, 'Unit 10020, Box 575, APO AE 09094-5575 (ADC) 
1 - 2 MICC, 721  Hangar Rd, Stc 101, Keesler AFB MS 39534-2804 
1 - 3 1 FWICC, Unit 6 140, Box 100, APO AE 09604-0 100 
I - 31 SFSICC, Unit 3 1301, APO AE 09613 
1  - 16  AFISA, Unit 7090 Box 125, APO AE 09601 
1 - 16 AFICC, Unit 6365 Box 125, APO AE 09601 
2 - Mannheim Con,Finernet~t Facility USACFIMllM Unit 29723 Box LL, APO AE 09028 
2 - 3 1  CPTSIFMF, APO AE 0960 1-5000 
4 - 3 1 MSSQ/MSPOA, APO AE 0960 1-5000 
1 - 31 SFSISFAJ, 'Unit 6130, Box 205, APO AE 09604-0205 
3  - 31  FW/JA, Unit 6140, Box 1 15, APO AE 09604-01 15 
1 - 2 AFIJA, 721  angar Rd, Ste 102, Keesler AFB MS 39534-2804 d 12 Luke Aue, Stc 343, Bolling AFB DC 20332-8000 
4 - HQ AFSFC/SFC, 1720 Patric'k St, Lackland AFB TX 78236-5226 
1 - 11 WGIJAJR, 20 MacDill Blvd, Rrn 207, Bolling AFB DC 20332-5 1 10 
I  - DFAS-DEIFYAB, 6760 Easr Irvington Place, Denvcr, CO 80279-7000 

. .  ,- 

SPCMO No, 12 

UPHP  Hnl Ju  1.111 

cnann  nu1  ann7-cn-  ran 

spraying water in Captain: 
rnotherfickers,"  (amended afer arraignment to include the words, "You are all racist 
mothwfuckers" rnergcd from Charge TI, Specification 11)  or words to that effect. 
Plea:  G. Finding:  G. 

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

iface and saying to him "Fuclc you"  and "You  are a11 racist 

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

Specification 11:  Did, at Aviano Air Base, Italy, on or about 18 March 1998, behave himself with 
disrespect toward Captain: -----r___________________ 
;,-his superior comlission,cd officer, then known 
by the said Ainnan First Class  ------- ------- ------ 
:to be his superior com.missioned officer, by 
saying to him "You are all racist mothcrkckess.''  or words to that effect.  Plea:  G. Findii~g: 
Merged with Charge 11,  Specification 1. 

CHARGE 111:  Article 91  Plea:  G. Finding:  G. 

Specification:  Did, at Aviano Air Base, Italy, on or about I8 March  1998, was disrespectful j,n 
U.S. Air Force and Master Sergeant 
language towmd Senior Master Sergemt;---------dddddddddj 
..................... 
: U.S. Air Force, noncomrnissio~~ed oficers,  then known by thc accused to be 
: ...-... ...-... ...--- ? 
superior noi~commissioned officers, who were then j,n the execmion of their office; by saying to 
them, "You  all are racist motherfuckers," or words to that effect.  Plea G. Finding G. 

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

CHARGE IV:  M c l e  108 Plca:  G. Finding:  G. 

Specification: Did, at Aviano Air Base, Italy, 011 or about 18 March 199 8, without proper 
authority, willfully destroy by lcnocking to the floor two pictures, each of a value of less than 
$100.00, nlilitrvy property oftlle United States.  Yl,ea G.  Fhdiilg G. 

SENTENCE 

Sentence adjudged 011 18 May  1998: Bad co~~duct discharge, confinernet~t for 60 days, forfeiture 
of$617.00 pay per month for 2 rno~sihs, and reduction lo E-1. 

ACTION 

United States Air 
In the case of ' 4 I W  F~RST CLASS; ------- --- ------- ------- ------- ------- ------ 3 
Force, 3 1"  Security Forces Squadron, only so ~ i i u c l ~  of  the se~itence as provides for a bad conduct 
discharge, confin,emeiat for 60 days, forfeiture of $617.00 pay per 

for M o  

and 

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