4
. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE [NITIAL) GRADE AFSN/SSAN
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TYPE

| X PERSONAL APPEARANCE RECORD REVIEW

 

 

NAME OF COUNSEL AND OR GRGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

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MEMBERS SITTING
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|

ISSUES INDEX NUMBER EEO eR EBS RUD WEEE WE Te

A94.06 A70.00 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

26 SEE DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

SEP 02 FD2001-0553 , | COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

| TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

  
 

 

 

 

REMARKS

Case heard at Washington, D.C.

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

 

 

 

 

 

— OF RECORDER T SIGNATIRE OF ROARN PRESIDENT
. CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0553

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the reason for the
discharge, and to change his reenlistment code.

   

 

    
   

  

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, MD on September 26, 2002.

  
 

The following additional exhibits were submitted at the hearing:

 
   
 
   

Exhibit 5: Applicant’s contentions.
Exhibit 6 through 26: Character Letters, Achievement awards and Certificates.

  
   

  

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

  
   

  

FINDINGS: Upgrade of discharge to Honorable is denied. However, the Board grants an upgrade of
discharge to General. Change of Reason and Re Code is denied.

      
 

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

ISSUE: The applicant contends his discharge was inequitable because it was too harsh. The records
indicated the applicant was discharged with an Under Other Than Honorable Discharge in Lieu of a Court
Martial for wrongfully and fraudulently obtaining telephone services on a government telephone line, The
Board concluded the misconduct was a significant departure from conduct expected of all military
members. While the DRB did not condone the applicant’s misconduct, they did feel it would have been

more equitable to give him a General 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.

 
   
 

However, in view of the foregoing findings the Board also concludes that the overall quality of the
applicant’s service is more accurately reflected by a General discharge. Therefore, the applicant’s

characterization for discharge should be changed to General.

 
     
    
   

Attachment:
Examiner's Brief
FD2001-0553

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former A1C) (HGH AiC)

 

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch.fr USAF 89/12/14 UP AFR 39-10,

para 4-12a (Discharge in Lieu of Court Martial). Appeals for Honorable
Discharge, to Change RE Code, and to Change the Reason and Authority for

Discharge.
2. BACKGROUND:
a. DOB: 69/05/14. Enlmt Age: 17 9/12. Disch Age: 20 7/12. Educ:HS DIPL.

AFOT: N/A. A-Unknown, E-Unknown, G-Unknown, M-Unknown. PAFSC: 27650 -
Aerospace Control & Warning Systems Operator. DAS: (APR Indicates): 87/08/04-

88/08/03.

b. Prior Sv: (1) AFRes 87/02/20 - 87/08/03 {5 months 14 days) {Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 87/08/04 for 4 yrs. Svd: 02° Yrs 04 Mo 11 Das, all AMS.

b. Grade Status: Al1C - 88/12/04
AMN-(APR Indicates): 87/08/04-88/08/03

c. Time Lost: none.
d. Art 15’s: none.

e. Additional: none.

f£. CM: none.

g. Record of SV: 87/08/04 - 88/05/03 Tyndall AFB 9 (Annual)
88/08/04 - 89/08/03 Tyndall AFB 4 (Annual)

(Discharged from Tyndall AFB)

h. Awards & Decs: AFTR.
FD2001-0553

trouble over large phone bills (of which all have been paid). I was told by
some communications guys that if I used the dorm phone for long distance it was
equal to the watts lines that the military used all the time to make free or low
charge phone calls. I didn't know any different being young and dumb (or naive)
at the time. I began using the phone for calling my girlfriend (who is now my
wife) and we would talk for long periods of time.

As you can guess, we ran up large bills on the military dorm phone, I was in a
lot of trouble, and very scared. I had gotten the word from another
communications guy (whe was more honest than the others) who told me they were
looking for the people who ran up the phone bill for that dorm. Well, at that
point I turned myself in not really understanding what [I had done, since I
thought that it was supposed to be free (if I had known the truth, or been less
naive I would not have done such a thing). I am not a criminal, I have never
been arrested, never been in any trouble & I don't drink or smoke or drugs of

any kind.

I am self employed and have been since 1995, I have built two internet companies
and we are a full communications company, we provide wireless phones as an ----
agent, we provide a wide range of computer services such as dialup internet
access and wireless broadband, I am a certified computer repair technician
(among other things). I also have a wonderful little boy named Johnathan who is
6 years old, who has given me new hope in life and made me a better person than

I ever thought I could be.

What I am asking for, is for someone to please consider helping me get my
discharge upgraded to general or honorable so I can have more opportunities and
possibly serve my country again in some way and hopefully make up for any wrong

doing I may have inadvertently done.

ATCH
1. Applicant's Issues.

02/03/28/ia
— fp2ee/- 2 SS3
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS FIRST AIR FORCE ITAC}
LANGLEY AIR FORCE BASE VA 23665-5009

 

REPLY TO

armNor: JA 5 December 1989
SUBJECT: hale Discharge in Lieu of Trial by Court-Martial - enn.
to: CC = 2 mes

1. I have reviewed the attached case file concerning a request for discharge
in lieu of court-martial submitted by amamgnemiiaen. aaelie: Tyndall

AFB, FL. The case file is legally sufficient and complies with ‘the
requirements of AFR 39-10, Chapter 4,

2. On 20 November 1989, the commander of the 325th Technical Training

Squadron, _—— preferred a charge under the Uniform Code
of Military Justice (UCMJ) against ee. The charge alleges a
violation of Article 134, UCMJ, in that ‘wrongfully and

fraudulently obtained telephone services on a government telephone line of a
value of more than $100 during the period from 1 September through 1 November

1989.

3. On 25 October 1989, MMM provided a statement to the Office of
Special Investigations (OSI) after proper advisement of his rights under
Article 31 of the Uniform Code of Military Justice. confessed to
receiving collect calls from his girl friend on the government phone located
in his dormitory. These calls occurred from September through November 1989
and amounted to more than 65 calls costing in excess of seven hundred
dollars. Records from the local telephone company confirm the calls.

4. Both the accused's commander and the commander, USAF ADWC, have
recommended approval of the request for discharge. They both recommend the
issuance of an under other than honorable conditions discharge. They base
these recommendations upon the fact that epee: has no history of prior
misconduct and that he has made full restitution to the telephone company.

5. In accordance with AFR 39-10, Chapter 4, paragraph 4-11, you must
personally take action on the request for discharge in lieu of court-martial.
If you approve the request, you must also determine the type of discharge to

be issued. If you disapprove the request, you may take action to refer the
case to trial by court-martial.

 

= - a fc ern mmm IA
.  PeZeoi- 0 F936

court-martial. I recommend you take action to approve the request for
discharge. I further recommend the issuance of an under other than honorable
conditions discharge.

1 Atch

Case file —smiRAiiiaeitice.
PODBY-O2>5 |
CHARGE SHEET 2

(. PERSONAL DATA
2. SSN 3. GRADE OR RANK

ain, inpaainens: aAIc

5. UNIT OR ORGANIZATION 6. CURRENT SERVICE

Z625th Technical Training Squadron a. INITIAL DATE
, 4 Ang 87 4

Tyndall Air Force Base, Florida 32403-S81L5
7, PAY PER MONTH ’ |. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED

b, SEA/FOREIGN DUTY

#859.90 me 858.970

ll. CHARGES AND SPECIFICATIONS
10. CHARGE: VIOLATION OF THE UCMJ, ARTICLE 474 ‘

 

 

 

 

SPECIFICATION: Tr, that AIRMAN FIRST CLASS @ggeeweeanner United States Air
Force, 3625th Technical Training Squadron, Tyndall Air Force Base, Florida,
did at Tyndall Air Force Base, Florida, on one or more occasions from on or
about 1 September 1989 tp on or about 1 November 1989, with intent to defraud,

falsely pretend to telephone operators that he was entitled to accept collect
telephone calls on a government telephone line, then knowing that the pretenses

were false, and by means thereof did wrongfully obtain from St Joseph
Telephone Company services, Of a value of more than £100.00, to wit: personal

long-distance telephone calls at telephone number Flocated in the
dayroom of Building #1152.

  
   

 
 
    

 
     

 

 

 

lit, PREFERRAL
dts. NAME OF ACCUSER (Last, First, MD) ¢. ORGANIZATION OF ACCUSER
3. SIGNATUBE-OF ACCUSER " — ®. DATE.
Jere ape Ze or £:
ve a eae
AFFIDAVIT: Before me, the updersigned, authorized by,law to administe s in cases of this character, personally appeared the
above named accuser this day of Ween ,19 , and signed the foregoing charges and specifications

 

under oath that he/she is a person subject to the Uniform Code of Military Justice and that, he/she either has personat knowledge of

nw hac tnwactinatad the matters cot farth therein and that the same are true to the best of his/her knowledge and belief.