! 
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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AB 

I  RECORD REVIEW 

L - - - - - - - - - - - - - - l  

addington, Gonzalez & Myatt, LLC 

114 Pleasant Home Road, Suite B 
Augusta, GA 30907 

MEMBER SITTING 

HEARING  DATE 

13 Jun 2007 

CASE NUMBER 

FD-2006-00399 

Case heard in Washington, D.C. via video teleconference between Robins AFB, GA and Andrews AFB, MD. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

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

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SAFlMlU3R 
550 C STREET WEST, SUITE 40 
RANDOLPI I A FB, TX 78 1 504742 

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PATE;  6114DOM 

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

-- 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00399 

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

The applicant appeared and testified  before the Discharge Review Board (Board), with his counsel Mr. J.L. 
M. of the law firm of W, G, and M, via video teleconference between Andrews AFB, MD and Robins AFB, 
GA on 13 Jun 2007.  No witnesses testified on the applicant's  behalf. 

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  notes the  applicant's  case  was  submitted  for review  pursuant  to  the  Board's  clemency power, 
under  the  provisions  of  Section  1553,  10  USC.  After  a  thorough  review  of  the  record  and  a  lengthy 
presentation  by  the  applicant  and  his  counsel,  the  Board  found no  basis  to justify  a  change of discharge. 
Although the Board was sympathetic to the past and ongoing mental health issues raised by the applicant and 
especially to the disabling physical  injuries (and resulting paraplegia) suffered by the applicant due to a car 
wreck two years ago, the Board decided the punitive discharge from a Special Court-Martial was more than 
justified  and  insufficient  additional  information  was  offered or found  to justify  an upgrade  to  any  type  of 
administrative  discharge,  considering his  entire  record  and  the  testimony  at  the  hearing.  The  applicant's 
very  short  active  duty  service was  significantly  marred  by  a  nonjudicial  punishment  action  while  still  in 
firefighter technical school, eight letters of reprimand  and a letter of counseling from command officials at 
his initial duty station, and a Special Court-Martial for fraudulent enlistment, numerous uses of two different 
illegal drugs, and for assaulting another Airman both by  choking him and by pointing an unloaded weapon at 
him during a party at the applicant's own home. 

The Board did not find a sufficient basis which would warrant changing the applicant's  punitive discharge to 
an administrative discharge as an act of clemency. 

CONCLUSIONS:  The  Discharge  Review  Hoard  concludes  that  the  discharge  was  consistent  with  the 
procedural and substantive requirements  of federal law and Air Force regulations,  was within the discretion 
of the discharge authority, and that the applicant was provided full administrative and appellate due process. 

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 A m ,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a BCD Disch fr USAF Lackland AFB, TX on 1 
May 05 UP Special Court Martial Order #13, 4 Feb 05.  Appeals for General Disch. 

2.  BACKGROUND: 

a. DOB: 27 Mar 83.  Enlmt Age:  19 4/12.  Disch Age: 22 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-64,  G-49,  M-73.  PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: Unknown. 

b.  Prior Sv:  (1) AFRes 08 Aug 02 -  16 Sep 02  (1 month  9 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Sep 02 for 6 years. Svd: 01 Yrs 11 Mo 20 Das, of 

which AMS is 01 Yrs 02 Mos 15 Das  (ex. 9 Mos 05 Das lost Time). 

b.  Grade Status:  AB  -  2 Dec 03  (SPCM, 2 Dec 03) 

A1C -  1 Nov  02 

c.  Time Lost:  2 Dec 03 -  6 Sep 04  (9 Mos 5 Das) 

d.  Art 15's:  (1) 13 Feb 03, Goodfellow AFB, TX -  Article 134. You did, 

at or near San Angelo, Texas, on or about 25 Jan 03, 
wrongfully consume alcoholic beverages while underage, 
in violation of Texas Alcoholic beverage Code Annotated, 
Section 106.04, which conduct was to the prejudice of 
good order and discipline in the armed forces. 
Forfeiture of $575.00 pay per month  for 2 months. 
Thirty days correctional custody, suspended. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  Special Court Martial No.2 -  8 Jan 04. 

CHARGE I:  Article  83. 

Specification:  Did, within the Continental United States, on or 
about 7 Aug 02, by means of deliberate concealment of the fact 
that he had used Cocaine and OxyContin prior to his enlistment, 
procure himself to be enlisted as an airman basic in the United 
States Air Force, and did thereafter, at or near Lackland Air 
Force Base, Texas, at or near Goodfellow Air Force Base, Texas and 
at or near Elmendorf Air Force Base, Alaska, receive pay and 
allowances under the enlistment so procured.  Plea:  Guilty. 

Finding:  Guilty. 

CHARGE 11:  Article 112a. 

Specification 1:  Did, at or near Anchorage, Alaska, on divers 
occasions between on or about 15 Apr 03 and on or about 31 May 03, 
wrongfully use OxyContin, a Schedule I1 controlled substance. 
Plea:  Guilty.  Finding:  Guilty. 

Specification 2:  Did, at or near Anchorage, Alaska, on divers 
occasions between on or about 9 Jul 03 and on or about 12 Aug 03, 
wrongfully use marijuana.  Plea:  Guilty.  Finding:  Guilty. 

CHARGE 111:  Article  128. 

Specification 1:  Did, .+t--?r--vg$-;--+-~gb-qragg~,~ 
2 6   Jul 03, assault Amn : .................................  iby pointing an 
unloaded firearm at him.  Plea:  Guilty.  Finding:  Guilty. 

Alaska, on or about 

Specification 2:  Did, at or near Anchorage, Alaska, on or about 
26 Jul 03, unlawfully choke Amn : 
neck with his hands.  Plea: Guilty.  ~lnding: ~ u l l t y .  Sentence 
adjudged on 2 Dec 03:  Bad Conduct Discharge, confinement for 11 
months, forfeiture of $767.00 pay per month or 11 months and 
reduction to airman basic. 

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1 - - - - - - - - - - ? - -  - - - - - - - - - - - - - - ?  

j  around the 

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g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (03) Mos  (24) Das 
TAMS:  (01) Yrs  (02) Mos  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Oct 06. 

(Change Discharge to General) 

Issue 1:  I was diagnosed and treated for Bi-Polar disorder at Elemendorf 

(sic) AFB AK.  I feel that my Bi-Polar caused my Bad conduct and since I got 
this disorder in the military I feel it was a contributing factor and wish to 
have my discharge upgraded to general under honrable conditions. 

ATCH 
None. 

J

.

 

DNA processing required. 10 UeS*C. 8 1565 

DEPARTMENT OF THB AIR FORCE 

HEADQUARTERS THIRD WING (PACAP) 

ELMBNDORF AIR FORCE BASE, ALASKA 995W28SO 

- m'r CLASS: -. . -. . . . -. . -. . -. . -. -. ,-. . -. . -. -. . -. . - !, 

C o u r t - M O r d e s  

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8 J8tl~ary 2004 

Engineer Squadron, was arraigned at3&lmmdorfAir Forw Base, Alaska, on the following 
offats at a cowt-marlial convened by this headquarters. 

' United Stat8 Air Force, 3rd Civil 

- 

CHARGBI: M c l e  83.  Plcl:  G, Piding:  G.  . 

. 

Specihcatio~~; Did, within tho Continental United State3, on or about 7 August 2002, by means 
of &fibemto concealmeat of the fact that he had used Cocaine and OxyOdn prior to hb 
anahmbasi~intheUaitedStatas~Force, and 
~ t
did hereafter, at ur nwr L a c W  Air Force Base, Texas, at or near Goodfellow Air Farce Base, 
Texas and at or atar Blmmckf Air Fom Base, Ah&,  &ve  pay and Sll0wanc.a mdez the 
dbttnent so pmcurd Plea:  G. Finding;  G. 

, p r o ~ u r e ~ I f

t o b e ~ a a  

.  . 

CHARGE Ik Article 1 12a  Plea:  G. Finding:  G. 

Spedicaticm 1:  Did, at or nest. Anchorage, Alaska, on divm e o n s  between on or about 

15 April 2003 and on ctr about 3 1 May 2003, ~~ use OxyContin, a Schedule 11 controlled 

substance. Plea:  G. Finding  0. 

SpecXcatiw 2:  Did, at or near Anchorage, Alaska, on divers ~ o n s
9 July 2003 and on or about 12 August 2003, wrongfully use marijuana.  Plea:  G. Finding:  G. 

betwean on or about 

 

-GI3 

Article 128. Plea:  G. Finding:  G. 

Specification 1:  Did,  at or near Anchorage, Alaska, on or about 26 July 2003, assault Airman 
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by pointing an unloaded firearm at him, Plea:  G. Fiading:  G. 

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W E  

I l$AF MASTR PERSONNEL RCDS GF 
-DATE  dl 4-  OY 
INIW-+B, 

. 

SPCMO 

.  s p e ~ 5 ~ 0 n . 2 : -  -Di&-atar-nm -@dmmge,  Alaska, on or about 26 July 2003, unlawfully choke  . 

i mund the neck with his hands.  Plea:  G.  Finding  G. 

Airmiti 

C...-..-....-..-.-.----------, 

SENTENCE 

sentence @dged on.2 I h e m b r  2003 by military judge:  Bad conduct didmg~confinemmt 
for 11 month, fMaiture of $767.00'pay per month for 11 months and reduction to aimran basic. 

' 

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

' United States Air 
:, 
Inthe-of-mT-SI 
Fchq 3rd Civil Engineer Squadron, the 8entenw ia approved and, acept fiu the bad Coaduct 
discharge, will be exc~ued. Ths Air P o w  C o d o n s  System is designated for the pi;lrpose of 
will bo served h d n  or elsewhere as the Director, Air Force 
confinement, and the GO-ent 
 Mhion, may 
UIIl=  c q p e t a  - r i ~ ~ o t h ! ~ ~ & t s , - w  
~

campMq of the m.mlm to m f i a w  - BASK - - - - - - - - - - - - - - - - - - - - - - 

rssoirsd, wider Artiple 764 UCUI; to take lowe 
conviction 

completion of appdaod review of the, 

:will be 

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1

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Colonel, USAF 
Commander 

FOR THl3 COMMANDER 

C 

. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 1 ITH WING 

+ 

BOLLING AIR FORCE BASE, DC  20032-0101 

o u r t - M a r t

NO. 13 

i a l

 Order 

In the  specla1 court-martlal  case  of  AIRMAN  FIRST  CLASS i ....................... 
------------------ 
-L 
r  United'States Air Force, 3rd  Civil Engineer Squadron, the sentence to a 

. .-,~7jadWrji3ii~:~~argeI confinement-for 1 .l..rnonths,  forfeiture of $767.00 pay permonth  -  - 

for 11 months, and reduction to airman basic, as promulgated in Special Court-Martial 
Order  No.  2,  Headquarters Third 'Wlng (PACAF),  dated  8 January  2004,  has  been 
finally  affirmed.  Article 71(c) having been complied with,  the bad-conduct discharge 
will be executed..  The sentence was adjudged by military Judge on 2 December 2003. 
(ACM 53051 7) 

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Commander 

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QQ506 (TQ 

Travis ~F~-CA:giF535-2478 
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- - - - - - - - - - - - - - - - - - - - - - - - ,  
i (ACC) 
i, Western Clrcuit Judiciary, 540 Airlift Drive, Sulte B-123, 

DISTRIBUTION: ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
1 - Airman Basl.~; ..........,.-..........--._.-.F.F_.F.F.F.'C'C'C'C'C'C'C-.-.....-F-...--'C_..--._-.'C'C'C'C'C 
1 - Colonel i 
1 - Captaiq  ............... ?  3 WGIJA, 851 7:2Oth Stfeet, Suite 330, Elmendoff AFB AK. 
-aphin.l- 
1 - 3 WGICC,  '1 1550 Heritage Circle, Suite 200, ElmendorF AFB kj< 99508-2850 
1 - 3 CESICC, 6326 Arctic Wanjor Drive, Elmendorf AFB AK 99506-3240 
1 - 3 MSGICC, 11550 herttage Clrcle, Elmendorf AF B AK 90506-2830 
1 - I 1 AFICC, 9480 Pease Avenue,  Suite 101, Elrnendorf AFB AK 99506-2100 
1 - 3 WGNA,8517 20th Street, Suite 330, Elrnendorf AFB AK 99506-2470 
1 - 11 AFIJA, 10471 20th Street, Suite 262,  Elmendoff AFB AK 9950&.2250 

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SPCMO No.