AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

a AMN

| PERSONAL APPEARANCE X RECORD REVIEW

        

 

oe NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES A94.11 INDEX NUMBER A67.10
A94.05
2_|APPLICATION FOR REVIEW OF DISCHARGE
3 {LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
14 Oct 2010 FD-2008-00557

 

=

 

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, 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.

         

SA SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

  
 

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00557

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge.

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. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15, three Letters of Reprimand, and a Letter of Counseling for misconduct. His
infractions included multiple altercations with his spouse, use of provoking and disrespectful speech,
multiple incidents of disrespect to Non-Commissioned Officers (NCOs), and failure to obey a lawful order.
The DRB opined that through these administrative actions, the applicant had ample opportunities to change
his negative behavior. The Board concluded that the negative aspects of the applicant’s service outweighed
the positive contributions he made in his Air Force career. The characterization of the discharge received by

the applicant was found to be appropriate.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE. ARMED FORCES OF THE UNITED STATES
(Please! read instructions on Pages 3 and 4 BEFORE completing this application.)

  
  

   
 
     
  

| person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

 
 

   

AUTHORITY: 10 U.S.C. 1553; E.O. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social
Security Number is strictly to assure proper identification of the individual and appropriate records.

. 4. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

ee a

b. NAME (Last, First, Middle Initial) c. ee a DISCHARGE d. SOCIAL SECURITY NUMBER

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 a iid

|

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)| 5. BOARD ACTION REQUESTED (X one)

(YYYYMMDD) (If date is more than 15 years HONORABLE | CHANGE TO HONORABLE

ago, submit a DD Form 149)
i GENERALJUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER

    

  

   
 
  

      
   
   

 
  
   

      

  
  

   
 
 
 
  

 

x

  
 

  
 
  
   
  

   

  
   
  

    

  
   

  
    

: HONORABLE CONDITIONS
20080701 SHINGE TG UNCHARRCTERIES
3. UNIT AND LOCATION AT DISCHARGE (Not applicable for Air Fores) —
ORISERARATION aan
SEPARATION:

  
   
 
 

318 MOsmx008 ——

6. gol WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

I feel ithat I was at an unfair advantage. When I appeal the paperwork that was given too me, it was always reviewed by the same
individual. I would produce paperwork that was very significant to the problems, and still receive it. I am requesting for an upgrade

to Honorable. Thanks! ; : -

7. (X if applicable) ) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS: FORM IS SUBMITTED TO.ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE,

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
ia military dociunterts or rinédical ‘yecords are relevant id your’ ‘ease; ‘please send copies. )

N/A" ; | | Bem ee ga

 
    

    
         
  

9. TYPE OF REVIEW REQUESTED (X one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY BEDIMIONAL DOCUMENTATION
SUBMITTED BY ME. t AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

LAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

LAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT :BEFORE A TRAVELING PANEL CLOSEST TO |:
(enter city and state) - (NOTE: The Navy Discharge Review Board does not have a traveling panel, Jin!

10.a. COUNSE! REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS
(See Item 10 of the instructions about counsel/representative.)

 

  
 
 

  
 
 
 
   

 

    

      
 

 

 
   

11. APPLICANT MUST SIGN IN ITEM 12.4. BELOW. lf the record in question is that of a deceased orincompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

  

  
  
   
 
 
 

   

CASE NUMBER
(Do not write in this space.)

    
 

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and'1001; provide’ that aii individual ‘shall’ bé fined Under this title or ‘inriprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20081105
S EDITION IS OBSOLETE.

    
 
 

  
  

0085 F

   
   
  

  

KD 3008
Page 1 of 4 Pages

FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)
N/A

W ONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)

15. REMARKS (ifapplicable)
N/A :

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personne! Boards |
Support Division, St. Louis 720 Kennon Street, S.E. |

9700: Page Avenue Room 309 (NDRB) |

odie “larbe orn pertagen vi Washington Navy Yard, DC. 20374-5023

AIR FORCE COAST GUARD

Air Force Review Boards Agenc U.S. Coast Guard

SAF/MRBR , Commandant (CG-122)

550-C Street West, Suite 40 , 2100 Second Street, S.W. Room 5500
_Randolph AFB, TX_78150-4742 . Washington, DC 20593

 

 

DD FORM 293, NOV 2006 Page 2 of 4 Pages
FD2008-00557

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 Littlerock AFB, AR on 1 Jul 08 UP AFI 36-3208,
para 5.49 (Misconduct: Minor Disciplinary Infractions). Appeals for an Honorable Disch.

2. BACKGROUND:
a. DOB: 10 Jun 85 Enimt Age: 20 4/12 Disch Age: 23 0/12 Educ: HS DIPL.

AFQT: N/A. A-37, E-35, G-47, M-36. PAFSC: 2R151 — Maintenance Management Production
Management Journeyman.

DAS: 26 Jun 06.
b. Prior Sv: AFRes 10 Jun 05 — 24 Oct 05 (4 Mos, 14 Das) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB on 25 Oct 05 for 4 yrs Svd: 2 Yrs, 8 Mos, 4 Das, all AMS.
b. Grade Status: AMN - 1 May 08 (Article 15)
A1C -25 Feb 07
AMN - 25 Apr 06

c. Time Lost: None.

d. Art 15’s & Additional:

LOR 1 Jun 07 Had a verbal and physical altercation with your spouse, poked her in
the head by committing this offense you violated the UCMJ article 128
assault.

LOC 18 Jul 07 Was unprofessional and disrespected two NCOs.

LOR 21 Aug 07 Had an altercation with your spouse left her with several bruises on

her legs after you pushed her over a couch.

LOR 17 Jan 08 Used provoking speech toward an NCO and had to be escorted from
the football field.

Article 15 1 May 08 Litlerock AFB, AR — Article 92. You, who knew of your duties at or
near Littlerock AFB, AR, on or about 25 Mar 08, were derelict in the
performance of those duties in that you willfully failed to not send out

a.

DEPARTMENT OF THE AIR FORCE

463 MAINTENANCE OPERATIONS SQUADRON
LITTLE ROCK AFB, ARKANSAS 72099

FROM: 314 MOS/CC

 

09 JUN 208

SUBJECT: Notification Memorandum

1. Iamrecommending your discharge from the United States Air Force for Misconduct: Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph
5.49. If my recommendation is approved, your service will be characterized as an Under Honorable
Conditions (General) Discharge. 1 am recommending that your service be characterized as an Under

Honorable Conditions (General) Discharge.

2. My reason for this action is:

_ a, Onor about 1 May 2007, aa... notification that you and
your wife had been in a verbal and physical altercation. en he arrived on scene, both of you were

being questioned separately by 314th Security Forces. Both you and your wife were charged with
Article 128, simple assault. Your spouse also made a sworn statement that you “poked her in the head
and then clinched your fists at her as she pushed you away”. By committing this offense, you violated
the Uniform Code of Military Justice, Article 128, Assault. For.this misconduct, you received a Letter
of Reprimand (LOR) dated 1 June 2007 (Attachment 1-1).

b. On or about 16 July 2007, at or near the ISO Dock, during a Predock meeting, a discussion
became heated. Although the discussion was of an unprofessional manner, you continued to show
disrespect toward an NCO at which point you were asked to leave the meeting and you were counseled
by two SNCOs. Unacceptable actions toward an NCO include; rolling eyes, raising voice, not
utilizing proper terms of address, not standing at parade rest when being corrected, and any other acts
that would cause loss of your military bearing. These actions, and your disregard for respect, not only
affect your image, but the overall image of our work section. For your actions, you received a Letter
of Counseling dated 18 July 2007 (Attachment 1-2).

c. On or about 6 August 2007, you came i and stated that the previous
night you and your spouse were engaged in an ar . d that she hit you as you were
attempting to leave the apartment and your response was to push her. You used enough physical force
to cause her to fall over a couch causing several bruises on her legs. For you misconduct, you

received an LOR dated 21 August 2007 (Attachment 1-3).

d. On or about 29 October 2007, you were in violation of Article 117 of the Uniform Code of
Military Justice. Specifically, during an intramural flag football game you used provoking speech
toward an NCO and had to be escorted from the football field. For this misconduct, you received an
LOR dated 17 January 2008 (Attachment 1-4).

‘Se. Onor about 25 March 2008, you were derelict in the performance of your duties in that you
willfully failed to not send out missing form letters via e-mail and you failed to not label the aircraft
781 forms, as it was your duty to do. Also, on or about 25 March 2008, you received a lawful order
wee.

from an NCO in which you willfully disobeyed. You also did treat with disrespect in language toward
two NCOs by saying, “I am not going to do that,” and “no” or words to that effect. For your
misconduct, you received nonjudicial punishment under Article 15 of the Uniform Code of Military
Justice consisting of reduction to the grade of Airman Basic, with reduction below Airman suspended
through 31 October 2008, after which time it will be remitted without further action, unless sooner
vacated. The new date of rank for Airman is 1 May 2008. You also received 15 days extra duty,
suspended through 31 October 2008, after which time it will be remitted without further action, unless

sooner vacated (Attachment 1-5).

f. Onor about 12 May 2008, you failed to correctly sign in from leave. You took leave from 3-9
May 2008 and you left the local area by airline on 3 May 2008. When you returned from leave, you
documented that you took leave from 5-9 May 2008. When questioned why you only reported 5 days
instead of 7, you responded you forgot. When you were asked if you knew you must account for the
days you were not in the local area you said yes. This behavior is unacceptable and for your actions,
you received a Letter of Admonishment dated 28 May 2008 (Attachment 1-6).

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 higher authority will

decide whether you will be discharged or retained in the United States Air Force and, if you are
discharged, how your service will be characterized. If you are discharged, you will be ineligible for
reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be subject
to recoupment. The separation authority will make the findings and recommendations required under

10 U.S.C. Section 2005(g).

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. |
have made an appointment for you to consult the Area Defense Counsel at Little Rock AFB, on 10

June 2008, at 0830 hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by [2 TU We O8 umless you request and receive
an extension for good cause shown. I will send them to the separation authority.

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

7. You are scheduled for the following appointments. You must first report to the Military Personnel
Flight, Separations Section, located at 1255 Vandenberg Blvd, Room 100 on 9 June 2008 at 1430
hours. You must then report to the Medical Clinic, located at 1090 Amold Drive at 1520-hours on
11 June 2008 for your examination. You must fast 14 hours prior to the examination and may drink
only water during that time. You must not smoke 14 hours prior, nor may you consume alcohol 72
hours prior to your examination. If you wear glasses, bring them with you. If you wear contact
lenses, bring a container to store them in during your eye examination.

8. 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 at the orderly room.
9. Execute the attached acknowledgment and seturn it to me immediately.

 

Attachments:
1." Supporting Documents
2. Receipt of Notification Memorandum
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004
FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
Oct 31, 2009

public. reporting h a mati ed to average 30 minutes per response, including the tme for reviewing instructions, searcl Ing existing data sources, gathering and}.
aintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including

‘uggestions for reducing the burtien, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no

2efsoN shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON.BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.O. 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.
ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social
Security Number is strictly to assure proper identification of the individual and appropriate records.

. 1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (Xone) | [ARMY |__| MARINE CORPS >| AIR FORCE | _ | COAST GUARD

c. GRADE/RANK AT DISCHARGE
E-2

 

 

ANT OR PERSON NAMED IN ITEM 11 (Forward

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (X one)| 5. BOARD ACTION REQUESTED (X one)
MMDD) (If date is more than 15 years ,
(Or MWMIMDD) (kde is ove than 1S ears’ [HONORABLE SSS S~SS*d;C | CHANGE TO HONORABLE
: X| GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
20080701 CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION fees | I IAERIVERE SCI na

: TES SEPARATION:

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

Page 3.
I feel that I was at an unfair advantage. When I appeal the paperwork that was given too me, it was always reviewed by the same

individual. I would produce paperwork that was very significant to the problems, and still receive it. I am requesting for an upgrade
to Honorable. Thanks! ; :

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO.ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Conthue in tom 74.
lf military documents oF inédical records ‘are relevant to your'case; please send copies.)

N/A

ms

vee

9. TYPE OF REVIEW REQUESTED (x one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. i AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD. .

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

LT AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TOR

(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.) »..'
10.a. COUNSEL/REPRESENTATIVE (ifany) NAME (Last, First, Middle Initial) AND ADDRESS A a

(See Item 10 of the instructions about counsel/representative.)

 

 

 

 

 

 

 

 

 

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. |If the record in question is that of a deceased orincompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER, © -.
_ penalties Involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
net diieiimmemminameelia’ {1S oF iriprisoned not more than 5 years, or both.) |’

b. DATE SIGNED - REQUIRED

(YYYYMMDD) 008 0087 7
20081105 - FD }

IOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
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