AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-01-00011 

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. 

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

FINDINGS: Upgrade of discharge is denied. 

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The Board -finds the applicant submitted no issues contesting the eqiity or propriety  of the discharge, and 
after a thorough review of the record, the Board was unable to identify any. 

Issue.  Pursuant to his guilty  pleas,  member was convicted  by  Special  Court Martial  (SPCM) of signing 
false oficial documents indicating he was married when in fact he wasn't,  in order to fraudulently obtain 
Basic Allowance for Subsistence (BAS) and Basic Allowance for Quarters (BAQ) at the married  rate, of 
stealing BAS and BAQ of a value over $100, and of signing the name of another person  on a false Alaska 
Certificate  of Marriage.  Punishment  consisted  of  3  months  confinement,  2  months  hard  labor  without 
confinement,  forfeiture  of  $650  pay  per  month  for  5  months,  and  reduction  to  Amn  (E-2)  When 
subsequently processed for-administrative discharge, he consulted  counsel and chose not to submit matters 
in his own behalf.  Applicant now contends he should not have been discharged because the SPCM did not 
result  in a  punitive  discharge  and the judge told  him  he  could  learn  from  his  mistakes  and  turn  his  life 
around.  The Board finds this issue without merit in that the issuance of an administrative discharge after a 
judicial proceeding does not usurp the judicial action of the convening authority because it is a separate and 
distinct administrative action.  Furthermore, an administrative discharge that  severs the military status of an 
individual and characterizes the quality of their service is not the same as a judicial  proceeding  leading to 
punishment  for misconduct.  Applicant  was  subject  to discharge  for  his  misconduct because it  was of a 
nature that tends to disrupt order and discipline within the military community. 

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 
dischargk authority and that the applicant was provided full administrative due process 

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In view of the foregoing findings the board hrther concludes that there exists no legal or equifable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE &VIEW  BOARD 

ANDREWS  AFB, MD 

m-01-00011 

(Former AMN) 

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1.  MATTER UNDER REVIEW:  Appl rec‘d a GEN Disch fr USAF 00/04/21 UP AFI 36-3208, 
para  5.52.3  (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Disch. 

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2 .   BACKGROUND: 

’ 

a. DOB: 79/07/16.  Enlmt Age: 17 10/12.  Disch Age: 20 9/12. Educ:HS DIPL. 

AFQT: N/A.  A-76,  E-38,  G-42,  M-23. PAFSC: 2.5051 -  Inventory Management 
Journeyman. DAS: 97/12/28. 

b.  Prior Sv: AFRes 97/06/05 -  97/08/26  (2 months 22 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 97/08/27 for 4 yrs.  Svd: 2 Yrs 7 Mo 25 Das, of which AMs  is 

2 Yrs 5 Mo 13 Das  (excludes 2 months 13 days lost time). 

b.  Grade Statys:  AMN -  00/02/02 (SPCMO No.2, 00/03/02) 

A1C -  98/12/28 
AMN  -  98/02/27 

c.  Time Lost:  00/02/01-00/04/14 (2 months 13 days). 

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d.  Art 15’s:  none. 
e .   Additional: none. 

f.  CM:  Special Court Martial No.2 -  2001 March 02 

CHARGE I: Article 107. 
Specification 1:  Did, o/a  11 Aug  99, with intent to deceive, sign 
an official document, to wit: AF Form 220, Request, authorization 
and Pay Order Basic Allowance for Subsistence, which dccument was 
false in that the document stated that A1C -------- 
was married, 
and was then known by the said A1C -------- to be so false. 
Plea: Guilty.  Finding: Guilty. 

. 

Specification 2:  Did, o/a 23 Aug  99, with intent to deceive, sign 
an official document, to wit: AF Form 594,  Application and 
Authorization to Start, Stop or Change Basic Allowance for 
Quarters  (BAQ) or Dependency Re-determination, which document was 
false in that the document stated the AlC=-----=- was married, 
and was  then known by the said A1C  --------  to be so false. 
Plea: Guilty.  Finding: Guilty. 

mol-00011 

CHARGE 11: Article 121. 
Specification: Did, o/a 23 Aug  99, steal lawful currency in the 
form of Basic Allowance  for housing and Basic Allowance for 
Subsistence, of a value of over $100.00, the property of the 
United States.  Plea: Guilty.  Finding: Guilty. 

__ 

CHARGE 111: Article 123. 
Specification:  Did, o/a 11 Aug 99, with intent to defraud, 
falsely make the signature of -------- , as Officiate to a marriage 
ceremony on a State of Alaska Certificate of Marriage, which 
signature would, if genuine, apparently operate to the legal harm 
of another.  Plea:  Guilty.  Finding:  Guilty.  Sentence: adjudged 
on 2 Feb 2000:  Confinement of 3 months, hard labor without 
confinement for 2 months, forfeiture of $650.00 pay per month for 
5 months, and reduction to airman. 

__ 

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9.  Record of SV:  97/08/27  99/04/26  Elmendorf AFB  5 

(Initial) 

99/04/27  99/11/01  Elmendorf AFB  5  (CRO) 

(Discharged from Elmendorf AFB) 

h.  Awards &  Decs:  AFTR, AFOUA, AFOSLTR. 
i.  Stmt of Sv:  TMS:  (2) Yrs  (8) Mos  (4) Das 
TAMS:  (2) Yrs  (5) Mos  (13) Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD Fin  293) dtd 00/12/07. 

(Change Discharge to Honorable) 

Issue 1:  I  feel my discharge was not just in the fact that when I was 

Courts-Martialed I was not sentenced to be discharged.  The judge told me he 
felt "I could turn myself around and learn from my mistakes."  My commander 
apprently though different and released me. 

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ATCH 
none. 

01/01/08/ia 

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DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 3 WG/CC 

FROM:  3WGlJ 

8517 20th Street, Suite 330 
Elmendorf AFB AK 99506-2470 

SUBJE 

c 

APR  18 

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SUPSKC, recommends th 
ischarge pursuant to AFI 36- 

e involuntarily 
, for commission of 

a serious offense.  The reasons set forth in the Commander's Recommendation for Discharge 
Letter, with accompanying documentation, are legally suffici 
under this provision of the instruction.  Prior to final discharg 
cleared for separation. 

2.  FACTS (See Tab 4.): 

a.  The followidg event  form th  basi  For  this discharge action: 

ed an offxial document which he knew to be false 
On 11 Aug99,th 
igned an official 
and forged the signature 
document which he knew to be false and stole lawfil currency in the form of Basic Allowance 
for Housing and Basic Allowance for Subsistence.  For these offenses he plead guilty before a 
special court-martial and was sentenced to confinement for 3 months, hard labor without 
confinement for 2 months, forfeiture of $650.00 pay per month for 5 months, and reduction to 
the grade of airman.  These offenses are evidenced by an Air Force Form 1359, Report of Result 
of Trial, and a stipulation of fact signed by th 

23 Aug 99, the 

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b.  Other derogatory data or disciplinary conduct: 

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3.  Airmen subject to separation for misconduct may be discharged under honorable, general, or 
under other than honorable conditions.  Should you decide discharge is appropriate, you must 
consider whether probation and rehabilitation (P&R) is warranted.  Approving P&R allows YOU 
to suspend execution of anppproved discharge for a period of not less than six months nor more 
than twelve months.  The respondent's retention is thereafter contingent upon completion of the 
P&R period without further misconduct.  If you determine P&R is inappropriate, you must state 
the reasons for your decision.  The 3rd Supply Squadron Commanderrecornrnends a general 
discharge and is opposed to P&R.  I concur with that recommendation. 

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4.  After consuIting couns- 

..  ected not to submit a statement.  (See Tab 6.) 

5.  You may take one of the following actions in this case: 

a.  Direct this action be discontinued an 

e retained; 

b.  Forward this case file to 11 AF/CC if you beli 

the United States Air Force with an Honorable 

hould be separated-gom 
ut P&R; 

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eparated fiom the United States Air Force with a General 
R; or 

se be processed under Chapter 6, SectionG-(Board Hearing), if 
arated with an Under Other Than Honorable Conditions 

d.  Direct 
you determin 
Discharpe. 

6. RECOMMENDATION:  I recommend you dischar 
fiom the United States 
Air Force under the provisions of AFI 36-3208, paragraph 5.52.3.  I krther recommend you 
approve a general discharge and do not off& P&R. 

-  Staff Judge Advocate 

Attachment: 
Case Fil 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM:  3 SUPSKC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for the commission of a 
serious offense.  The authority for this action is AFPD 36,32  and AFI 36-3208, paragraph 5.52.3. 
I f  my recommendation is approved, your service will be characterized as honorable, general, or 
under other than honorable conditions.  I am recommending your servicebe characterized as 
general. 

2.  My reason for this action is: 

On or about 11 Aug 99, you signed an official document which you knew to be false and 
falsely made the signature of another person.  On or about 23 Aug 99, you signed an official 
document which you knew to be false and stole lawful currency in the form of Basic Allowance 
for Housing and Basic Allowance for Subsistence, of a value of over $1 00.00, the property of the 
United States.  For these offenses you plead guilty before a special court-martial and were 
sentenced to confinement for 3 months, hard labor without confinement for 2 months, forfeiture 
of $650.00 pay per rponth for 5 months, and reduction to the grade of airman.  This offense is 
evidenced by an Air Force Form  1359, Report of Result of Trial, and a stipulation of fact signed 
by you. 

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 a higher 
authority will decide whether you are discharged or retained in the 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. 

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4.  You have the right to consult legal counsel. 
you.  I have made an appointment for you to cons 
. 
Rm330on  5+-,, 
expense. 

at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

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

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7.  You have been scheduled for medical examinations.  You must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 24-850, at 
-TOR 
for your first exam, at which time you will be notified of the time for your second exam.  You are 
. 
to refrain from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours, 
prior to examination.  Bring eyeglasses (and contact solution if using contacts) if applicable. 
You must be in uniform for these examinations. 

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8.  You have been scheduled for a Transition Assistance Program briefing.  You must feport to 
. You have also been scheduled 
the Family Support Center at 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85 I7 
. You must be in uniform for 
(People Center), Rm 247 at 
all appointments. 

on m D  

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9.  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 your Squadron Orderly Room. 

Commander 

Attachment : 
1.  Report of Result of Trial, 2 Feb 00