AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUN  2 6  @ 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03552 
COUNSEL:  None 
HEARING DESIRED:  No 

Applicant requests that his under other than honorable conditions 
discharge be upgraded to honorable.  Applicant's submission is at 
Exhibit A. 
The Air Force Discharge Review Board  (AFDRB) denied applicant's 
request on 18 N o v   97.  In accordance with policy, the application 
was  forwarded  to  this  Board  for  further  consideration 
(Exhibit C ) .  
The  decision  of  the  AFDRB  was  forwarded to  the 
applicant for review and response  (Exhibit D).  As of this date, 
no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The  facts and 
opinions  stated  in  the  AFDRB  Brief  appear  to be  based  on  the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed, - *  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the Board Mr. Wayne  R. Gracie, Mr.  Dana J. Gilmour, 
and Mr. Allen Beckett considered this application on 23 June 1998 
in  accordance  with  the  provisions  of  Air  Force  Instruction 
3 6 - 2 6 0 3 ,   and the governing statute, 10, U . S . C .   1552. 

l J a p P . Q ~  

WAYNE  R. GRA  IE 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  AFDRB Brief 
D.  AFBCMR  Ltr Forwarding AFDRB B r i e f  

;;I I 

"0 

I MR. WILLIE F. TOOMER (Father) 

5765 LOST CREEK DR 
SUMTER, S C 29154 

A92.35,  A94.11 

97 11 17 

A6730 

FO97-00043 

a 

I 
~OFWFIWTILIY 

Case heerd at Washington, OC. 
DO Form 149 submitted.  Advise applicant of tha decision of the Board and that the case has bean forwarded to the AFBCMR for further processing 

AfHa FOAM 0-2077, JAN 94 

EF-Vl)(PSFORM PRO) 

Previous sdition win be used. 

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to 
exercise this right. 

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

FINDINGS:  Upgrade of  discharge is denied. 

The B o d  finds that neither evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety which would justify a change of discharge. 

The  applicant's issues are iisted in the attached brief. 
Issue 1.  The applicant states that the reason for his discharge was an isolated incident in his 24 months of 
service.  The Board recognized the precipitating incident was, indeed, isolated, but the seriousness of the 
misconduct, i.e.,  providing alcoholic beverages to minors and committing indecent acts on a minor, 
outweighs the positive aspects of the applicant's service. His records show other administrative and non- 
judicial actions in his service yeam which were not addressed inhis discharge but which indicate other than' 
exemplary service being rendered.  No inequity or impropriety was found in this case upon which to base 
an upgrade of discharge. 
Issue 2.  The applicant states that his commanding officer had a personal grudge against him and worked to 
ensure his discharge under the characterization rendered.  The incident that prompted his discharge came 
within a very short time of when the applicant was scheduled for an early separation to attend college 
under a basketball scholarship, and he was kept on administrative hold until appropriate action could be 
taken for his serious misconduct.  The Board found no evidence to support the applicant's contention as 
stated and also found no inequity in the course of events leading to his discharge. 

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 the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing fmdings 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 

0-454, FEB 77 

.- 

3 

, I .  

DEPARTMENT  OF  THE  A I R   FORCE 

AIR  FORCE  DISCHARGE REVIEW  BOARD 

ANDREWS  AF'B,  MD 

(Former A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a UOTHC  Disch fr USAF 95/08/24  UP  AFI 36- 
3208,  Ch 6 ,   Para 6 . 1 3 . 1   (Misconduct).  Appeals for HON Disch. 

2 .  

BACKGROUND: 

a .   W B :   7 2 / 0 7 / 0 9 .  

Enlmt Age: 20  10/12.  Disch Age:  23 2 / 1 2 .   Educ: (RIP 
reflects) 60- 89 S / H .   AFQT:  Unk.  AQE:  M-43,  A-95,  G - 7 0 ,   E-67.  PAFSC:  2E031B  - 
Air Traffic Control Radar Apprentice.  DAS:  94/04/22. 

b.  Prior Sv: 

9 3 / 0 2 / 1 1   -  93/06/02 

( 3   Mos 22  Das) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 
a.  Ehld as A l C   9 3 / 0 6 / 0 3   for  4  yrs.  Svd:  2  Yrs 2 Mos 21 D a s ,   all AMs. 
b.  Grade Status: 
C.  Time Lost:  NONE 
d.  Art 1 5 ' s :  

(1)  9 5 / 0 3 / 2 2 ,   Altus AFB,  in viol of UCMJ, Art 9 1 ,   You 

NONE 

having received a lawful order from SSgt L--- D--- S - -  
a noncommissioned officer, then known  by you to be a 
noncommissioned officer, to not drink any  further 
alcoholic beverages while on standby duty, an order 
which it was your duty to obey, o/a 9 5 / 0 3 / 1 0 ,  
willfully disobey the same.  (Oral/written 
mitigation).  ~ d n  AMN,  For€ $223  pay  (SUSD until 
95/09/21), &  5  das extra dy.  (No appeal). 

(2)  9 5 / 0 7 / 1 0 ,   at or near Altus, Oklahoma, in viol of UCMJ, 
Art 1 3 4 ,   You did, o/a 95/06/13,  commit an indecent act 
upon the body of C--- M---, a female under 16 yrs of 
age, not your wife, by fondling her andglacing your 
hands upon her body and private parts, w'lth the intent 
to gratify your sexual desires. 
You did, supply  alcohol to a fifteen yrs old female 
and  this conduct was of a nature to bring discredit 
upon the armed forces.  (Written mitigation).  No 
punishment.  (No appeal) . 

e.  CM:  NONE 

I 

f.  Record of Sv:  93/06/03  95/02/02  Altus AFB  3 
g.  Awards &  Decs:  AFTR,  &  NDSM 
h.  Stmt of Sv:  TMS:  2 Y r s   6 Mos  13 Das 
TAMS:  2 Yrs 2 Mos  21 Das 

(Initial) 

BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 96/11/13. 

4. 
(Change Discharge to Honorable) 

My undesirable discharge was inequitable because it was based on one 
ISSUE 1: 
isolated incident in 24 months of service with no other severe adverse actions. 
My undesirable discharge was inequitable because my commanding officer 
ISSUE 2 :  
had  a personal grudge against me; since I was approved €or early separation to go 
back to school on a basketball scholarship. 

, 

ATCH 
Request &  Authorization for Separation AF  Ftn  100 

97/06/24/drh 

2