PERSONAL APPEARANCE X RECORD REVIEW

NAME OF/COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSET,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER CEPA Ue ED TO TERE

 

 

A405 A67.30 ORDER APPOINTING THE BOARD

 

APPLICATION POR REVIEW OF DISCHARGE

LETTER OF NOVIFICATION

 

 

 

DRIFT OF PERSONNEL FILE

TEARING DATE wr CASE NUMBER

 

6AUG02 F92001-0363

COUNSEL'S RELEASE TO THE BOARD

 

 

ADDITIGNAL EXHIBITS SUBMITTI? AT TIME OF
PERSONAL APPEARANCE

 

CGRDING CF PERSONAT. AFFERANCE HEARING

 

 

 

 

    
   

 

SACRA RD DECISIONAL AAt

 
 

 

 

REMARKS
Case heard at Washington, D.C,

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

 

 

TRE OF DOARD PRESIDENT

   

 

 

S.AP/MIBE SECRETARY UF THE AIR FORCE PERSONNEL COUNCIL
S50 C STREET WEST, SUITE 40 AIR FORCE DISCIIARGE REVIEW BOART

RANDOLPH AFB-TM-7$150-4742 1535 COMMAND. DR, EE WING, 3PP EL GUR

ANDREWS ATT), M1) 20762-7002

(EF V2) - _ Previous edition will be used.

 

 

AFHQ FORM 0-2077, JAN 00.

w ~-
= —or

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FDO1-0363
GENERAL: The applicant appeals for upgrade of discharge to Llonorable.

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

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

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or mmpropriety, which would justify a change of discharge.

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

ISSUE: The applicant felt his discharge was too harsh because he was undergoing some personal
problems. ‘fhe applicant received three Article 15's for driving while drunk, failure to obey a lawful order
to depart the examination room, being drunk and disorderly, for failing to store his firearms in the
depository, and for assaulling another active duty member with a firearm. The Board concluded the
misconduct was a significant departure from conduct of all military members. The Board found that the
seriousness of that misconduct; Commission of a Serious Offense, outweighs the applicant’s otherwise
satisfactory service. No inequity or impropricty in his discharge was suggested or found in the course of
the records revicw. The Board concluded that the character of and reason for discharge were appropriate
due to his misconduct.

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 findings 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
FD2001-0363
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 4948/06/03 UP AFR 39-10,
para 5-49d (Misconduct - Commission of a Serious Offense). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 55/11/13. Enlmt Age: 19 3/12. Disch Age: 32 6/12. Educ:HS DIPL.
AFOT: N/A. A-75, E-90, G-76, M-98. PAFSC: 30373 - Auto Tracking Radar
Specialist. DAS: 85/10/12.

b. Prior Sv: (1) AFRes 75/02/24 - 75/07/10 (4 months 17 days) (Inactive).

(2) Enlisted as AB 75/07/11 for 4 yra. Extended 78/06/02 for
3 months, Extended 79/09/06 for 12 months. Extended 80/08/18 for 6 months.
Reenlisted ag $Sqt 81/03/04 for 4 yrs. Extended 82/12/21 for 6 months. Svd; 8
yra 11 months 25 days, all AMS. AMN-(APR Indicates: 75/07/11-77/05/10. A1C- (APR
Indicates}: 77/05/11-77/09/07. SRA-(APR Indicates): 78/03/02-78/08/02. SSgt -
81/03/01. APRe: 9,9,9,9,8,9,9,9,9,9,9.

3. SERVICE UNDER REVIEW:

a. Reenlisted aa SSgt 84/07/06 for 6 yrs. Svd: 03 Yrs 10 Mo 28 Dag, all
AMS.

b. Grade Status: AIlC - 88/04/20 (Article 15, 88/04/20)
SGT - 65/12/03 (Article 15, @5/312/03)

ec. Time Lost: none.

d. Art 15's: (1) 88/04/20, Mountain Home AFB, ID - Article 134. You
were, on or about OS Apri 98, drunk and digorderly. Article
92. You did, on or about 09 Apr 84, having knowledge of a
lawful order issued by the Commander, 366 Combat Support
Group, to wit: Mountain Home AFB Regulation 125-37, para 6,
dated O01 Feb 88, an order which it wage your duty to obey,
fail to obey the same by wrongfully failing to atere your
firearms in the Consolidated Private Weapons Depository
{CPWD). Reduction to AlLC, and forfeiture of $205.00.
{No appeal) (No mitigation)

(2) 85/12/03, Mountain Home AFB, ID - Article 92. You,
having knowledge of a lawful order issued by MSqt ------ i
to wit: to depart the examination room and stay out of the
examination room, an order which it was your duty to obey,
did, on or about 23 Nov 85, fail to obey the game.
FD2001-0363

Reduction to Sgt, forfeiture of $480.00 pay per month for
two montha (suapended until 02 Jun 8&6), 30 days
correctional custody, and reprimand. (No appeal)

(No mitigation)

(3) 83/10/18, Clark AB, Philippines - You did, on or about
08 Oct 43, on Mitchell Highway operate a vehicle, to wit: a
jéep while drunk. Reduction to Sqt (suspended until 17 Apr
84). (No appeal) (No mitigation)

a Additional: none.
ff. CM: none.

gq. Record of SV: 84/03/02 - 95/03/01 Clark AB 9 (Annual)
85/03/02 - 95/08/04 Clark AB 9 (CRO)
05/06/05 - 86/08/04 Mountain Home AFB 9 (Annual)
86/08/05 ~ 87/07/03 Mountain Home AFB 9 (CRO)
87/07/04 - 88/04/22 Mountain Home AFB 8 (CRO}

(Discharged from Mountain Home AFB)
h. Awards & Decs: AFTR, NCOPMER, AFLSAR W/3 OLCS, AFGCM W/2 OLCS, AFQUA.

i. Stmt of Sv: TMS: (03) Y¥rs (03) Mos (10) Das
TAMS: (12) Yre (10) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293} dtd 01/08/30.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

. Applicant's Issues.
Congressional Correspondence.

. better of Recommendation.

- DD Form 214.

Three Certificates of Training.
Four Letters of Appreciation.
Letter of Recommendation.

. Meritorious Service Medal.

Oo ~~ om oO im Wobe

OL/11/29/ia
July 18, 2001

Re: Issues

To upgrade my discharge from the United States Air Force from General to Honorable,
Date of discharge: June 06, 1988.

During my almost 13 years of service with the United States Air Force | always made
every effort to perform in an exemplary manner, My on- the-job performance was
demonstrated by receiving an overall 8.9 of a possible 9 in my numerous personnel
evaluations. [ have also received various accolades from fellow Air Force personnel,
NCOs, and Officers for always exceeding mission expectations.

Yet as a young man I experienced the loss of my Mother in May 1976, and my Father in

December 1978. This created an extreme amount of personal anguish throughout my Air

Force career. Additionally, this grief was compounded with the fact that at the time of

my parents’ death, I also had a much younger sister that I felt anguish for, as now she had

no parents to raise her. Fortunately, a caring and loving older half sister stepped in to

.: fase our sister Faye, as | was not mentally prepared as twenty-year-old to take care of a
12-yeat-bld girl, This i111 pif causedigréat tribulation int of s

carried thege emotions. wil i ie throughout my Air Foreg'Career, aid even to this da yi if |

 

 

 

__ My Father had instilled in me a high degree of moral character and work ethics. Being
that I had failed him in the aspect of taking care of my younger sister, I embraced the Air
Force with a high degree of voracity. There was no mountain too high and no river too
wide. It was with the greatest satisfaction and pride that i served the United States Air
Force and in tum, my Country.

Unfortunately, there were instances in my career that cast shadows and appeared
inconsistent with my drive, commitment and duty. The only way to-explain the reasoning
behind these actions is that in my intense approach in overcoming any obstacle, whether
on the job or off duty, was to throw myself fully and totally without second thought to
myself. With the emotional stone that 1 carried with me constantly, I experienced many
highs and lows in my personal life.

lL always presumed in knowing the distinction of one’s actions between on and off duty.
Yet as an Air Force member, J later realized, there is no distinction. My personal anguish
in the loss of ray parents had caught up with me. I let people down, yet I did it at my

expense, Never did I consciously or otherwise, compromise anyone or anything on my
behalf. ] have always put others before me,
FDP Re0/-O 363

Presently, | have had the great fortune of meeting and marrying my wife Susan, who with
her understanding and compassion, has helped me, look forward and to the future,

without necessarily having to forget the past. She has been a most supportive spouse, and
{ will always be thankful to her for it.

In my effort of continual self-improvement, and in providing a comfortable living for
both Susan and myself, I have made numerous attempts utilizing the vast knowledge and
experience the United States Air Force has afforded me, by improving my occupational
standing in the civilian world. Unfortunately, time and time again, the issue of my
General Discharge although under Honorable Conditions, has proved to be a tremendous

wali in my achieving a position that is commensurate with what the USAF had found so
valuable in me, during my service. |

How does one express definitively, in words, their character, personality and attributes,
specifically to a Board of Review, when documentation on record shows actions that
were less than beyond reproach?

“ Tam not the same person, and yet [ am. J have tempered my emotions, realized my
mistakes, and drawn upon the guidance of family and friends which has had a most
positive influence on my life, As for being the same person, | will always have my
parents to thank for their uncompromising values they initially instilled upon me.

It is with the greatest sincerity in these words above, that I respectfully request in your
consideration to upgrade my discharge to Honarable. I have served with pride.and
dedication for almost 13 years the United States:Air Force, and would willingly serve my
country again. I only wish that I bad more than my Personnel Evaluations, Letters of
Appreciation and this statement to sway you in your decision, as I feel your decision

: | would greatly influence my ability to improve the quality of life for myself and my
| family.

ae

 

Again, i wish to thank you for your consideration on this decision.

Respectfully,
& @. Pool- e787

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS TWELFTH AIR FORCE (TAC)
BERGSTAOM 4IR FORCE BASE TK 78743-5002

 

REPLY TG

AarTn OF: TA ‘ 24 May 1988

   

weeCT Administrative Discharge: i,
366 ECRS, Mountain Home AFB ID

ro: cc

1. I have reviewed subject discharge case and find it legally

sufficient to support discharge. I concur with and adopt the
366 CSG/JA legal review.

ya On 9 Apr 88 the respondent was drunk and disorderly and vio-
lated a lawful written order to store his gun in the Consolidated
Private Weapons Depository. As a result, he was punished under
Article 15, UCMJ, According to the 366 CSG/JA, when the respondent
attempted to drive away from a barracks party, a friend attempted to
stop him because he was intoxicated. The respondent pulled out a
pun and threatened the friend. The friend dented being afraid the
respondent would shoot hin,

3. The respondent is 32 years old.and has 12.years, 10;years total.
active military service. He is a job control ‘pecialist, with 15.

APRs averaging 8.9. He is entitled‘to wear the AFGCM with 3 Oak —
Leaf Clusters (OLC), the AF Overseas Short Tour Ribbon, the AF
Longevity Service Ribbon, the NCO PME Ribbon, and the AF Training
Ribbon. He submitted no statements for your review.

4. You may direct retention, reject the conditional waiver and
direct a board be convened unless the respondent submits an uncondi-
tional waiver, or accept the conditional waiver and order separation
with an honorable or a peneral discharge with or without probation
and rehabilitation.

5s I recommend you accept the respondent's conditional waiver and
direct separation with a general discharge without probation and
rehabilitation.

    

Captain, USA
Assistant Staff Judge Advocate

 

Readiness i4 out Profession
@. : ¥ fFDM-OF CE
DEPARTMENT OF THE AIF FORCE

HEAGOQUARTERS 366TH COMBAT SUPPOAT GROUP (TAC}
MOUNTAIN HOME AIR FOACE BASE, ID 63648-5000

6 MAY S96

 

REPLY TO
ATTHM OF: d A

 

suBsecT: | ogal Review, AFR 39-10 Discharge -

™ 366 CSG/CC

1. Pursuant to the provisions of AFR 39-10, paragraph 5- AQd, discharge act lan

for commission of a serious offense was initiated against ae aki
GP by the Squadron Commander. The Squadron Commander recommends

Respondent be separated frém the service with a general discharge and further

recommends he not be offered probation and rehabilitation opportunities under

the provisions of AFR 39-10, Chapter 7.

  

2. The recommendation for discharge is based on the following information:
He was at Mountain Home Air Force Base, Idaho, on or about 9 April 1988 drunk
and disorderly. He also failed to obey a lawful a written order to store his
firearms in the Consolidated Private Weapons Depository on 9 Apri] 1988. As
a result of this misconduct he was given an Article 15 on 20 April 1988.

..3. The Respondent is. years old... Respondent, has completed approximate ly mn.
twelve years and nine: months of “Sétive service.’ His APRts commencing with the |
most recent are: 9, 9,.9, 9, 9,99, 9, 9, 9,78, 9, 9, Qmand 9. The” aes
Respondent is entitled to wear the Air Force Good Conduct™ Medal W/3 OLC, the =”
Air Force Overseas Short Tour Ribbon, the Air Force Longevity Service Award
Ribbon, the NCO PME Graduation Ribbon, and the Air Force Training Ribbon.

4. Under the provisions of AFR 39-10, Chapter 7, paragraph 7-2f, the Respon-
dent is eligible for probation and rehabilitation. In the instant case, the.
Electronic Combat Range Squadron Commander does not recommend probation and

rehabilitation. If you determine the Respondent is subject to discharge, you
may recommend probation and réhabilitation. ‘However, the seriousness of the
Respondent's offense demonstrates he has little potential for rehabilitation.

5. The Respondent has consulted with military legal counsel and has specifi-
cally waived his right to submit statements in his behalf. The Respondent has
submitted a conditional waiver of his right to have his case heard before an
administrative discharge board. The waiver is conditioned upon the receipt of
a general discharge. .

e are no errors in the file which prejudice the substantial rights of
— oe It should be insured that a copy of the Respondent's separation
physical 1s included in the discharge package before he is separated. As the
convening authority, you may recommend the Commander 12 AF, accept the
conditional waiver for discharge. You may reject the conditional waiver and
notify the respondent that either an unconditional waiver or request for a
board hearing may be submitted. You may also recommend either retention of

   
   

Neadiness t4 Out [Pio faAaCOMR
® iB EDOl~ OS65

the Respondent or an honorable discharge or a general discharge as recommended
by the Squadron Commander. Finally, you may recommend an honorable or a
general discharge but recommend conditionally suspending its execution and
offering probation under Chapter 7, AFR 39-10.

7. Rased on the available facts, I concur with the recommendations of the
Squadron Commander. The Respondent's record has demonstrated he is subject to
discharge. He is an unsuitable candidate for probation and rehabilitation
because he has little demonstrated potential For rehabilitation. Retaining
him on active duty in a probatfonary status is not consistent with the
maintenance of good order and discipline in the Air Force. I therefore
recommend you recommend approval of the conditional waiver for a general
discharge and that he not be offered probation and rehabilitation
opportunities under Chapter 7, AFR 39-10.

  
 
  

r ” 7
re.

 

an Peep, USAF
Pssistant Staff Judge Advocate

I concur.

 

Her

    

‘Staff Judge Advocate

 

 

ete
REPLY TG
ATTN OF;

SUBJECT.

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS J667H TACTICAL FIGHTER WING (TAC)
MOUNT AIM HOME AIR FORCE BASE ID 87548

366 ECRS/CC

Letter of Notification - Board Hearing

ais gia oii E a ie i eh eect
TH: | ,

 

1. I am recommending your discharge from the United States Air Force for
commision of a serious offense according to AFR 39-10, under the provisions
of paragraph 549d. Copies of my recommendation and the documents to be
forwarded to the separation authority in support of this recommendation are
attached.

.
2. My reasons for this action are: You were at Mountain Air Force Base,
Idaho, on or about 9 April 1988, drunk and disorderly. You also failed to
obey a lawful written order to store your firearms in the the Consolidated
Private Weapons Depository on 9 April 1988. As a result of this misconduct
you were given an Article 15 on 20 April 1988.

3. This action could result in your separation with an honorable, general or
under other than honorable conditions discharge. I am.recommending that you -_
receive-a general Separation. “The Commander , 366th Combat Support? Group or a#

higher ‘authority wis] make the final decigton in this matter. Ifmyou are 9.
discharged, you will be ineligible for reenlistment in the Air Force,

 

4. You'have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counse | at a board hearing.

d. Submit statements jin your own behalf in addition to, or in lieu of,
the board hear ing. ;

e. Waive the above rights. You must consult legal counsel before mak ing
a decision to waive any of your rights.

5. You have been scheduled for a medical examination at @7Jo? hours on

AY 3% __ for the examination. The military uniform 1S required and
7

you wear glasses, wear them and also have your shot records with you.

—zadinass i4 OUT Profession

keri
6. Military Jegal counse! Capt'\QRG Building 2426, telephone
number 2675, has been obtained for you to consult on AMAYSS at 7
hours. You must ensure that a copy of your discharge package is provide

your counsel for his review. Instead of the appointed counsel, you may have
another, if the lawyer you request is in the active military service and 1s
reasonably available as determined according to AFR 111-1. In addition to
military counsel, you have the right to employ civilian counsel. The Air Force
does not pay expenses incident to the employment of civilian counse}.

Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statements must be signed
in the presence of your counsel who also will sign it. If you waive your
right to a hearing before an administrative discharge board you may submit
written statements in: your own behalf. I will send the statements to the
discharge authority with the case file to be considered with this

recommendation. If you fail to respond, your failure will constitute a
waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy
Act as explained in AFR 39-10, Atch 6. A copy of AFR 39-10 is ave Hebe ‘in

mB unit orderly room Forz.your use, on :g. Be ss hee

dbus, as. : . Ser . “Wee

the unit orderly room not later than 3 MAY SF ~. THIS

letter authorizes you to proceed to the Security Police, Pass and

Registration Section, building 278, where you will be issued a temporary
permit good for 90 days.

10. You will surrender your ID card to me immediately. You are directed to
report to the Customer Service Section, CBPO, building 278, with this letter
of notification to complete an ID card application. This temporary ID card
will be valid for 90 days. If your discharge. action is stil] pending at the
end of the first 90 days, another temporary ID card will be issued until the
case is finalized

11. Execute the attached acknowledgment and return it to me immediately.

Seemann: USAF... .... 2 Atch.. .
Squadron, Commander 1. Support ing Documents for the
Reasons for Discharge
2. Airman's Acknow tedgment

 

92° You will turn in you’ MHAFB vehicle-sticker and your USAF vehicle dec to oe