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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

   

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE X RECORD REVIEW
POUNSE NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
L YES NO
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MEMBERS SITTING SHON GEN

   
 

 

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ISSUES INDEX NUMBER : ERIS SUBMITTED TO THE BOARD:
A94,53, A92.21 A67,10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
4 OCT 02 FD2001-0437 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT ‘TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
TAPPEICANT © ISSUE AND THE TAL Ny  DISCe (HE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE (7/7

 

Cece es
REMARKS

Case heard at Andrews AFB, MD

eae

 

 

 

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

 

 

SIGNATURE OF RECORDER a)

 

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0437

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

‘The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Andrews AFB, MD on October 3, 2002, but after acknowledging intent to appear, failed to do so
without requesting a postponement,

FINDINGS: Upgraded of discharge to Honorable is denied.
Change of reason for discharge and reenlistment code is denied.

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

ISSUES: The applicant’s issues are listed in the attached brief. The applicant contends that his discharge
was inequitable because of mitigating circumstances of suppressed bereavement with depressed feelings,
and immaturity. He also submits that his post service accomplishments support his contention.

The record indicates the applicant received 4 counselings (letters of counseling, record of counseling, verbal
counseling), and 4 Letters of Reprimand for various minor infractions including financial irresponsibility,
dress and appearance, failure to follow established procedures for borrowing equipment, failure to have
required personal gear, and failure to have his dorm room in inspection condition. He received an Article
15 for failure to go at the prescribed time. The DRB took note of the applicant’s very good duty
performance as documented by his lauditory performance reports, letters of recommendation and other
information contained in the record. Members of the Board noted that the applicant had contended in his
letter responding to the Article 15 action that he had evidence that mitigated the circumstances of his Article
15, specifically a letter from the flight chief corroborating his report of a communication error. However he
has not provided a copy of this letter and said letter is not contained in the personnel file. In that letter of
response to the Article 15 the applicant makes no mention of difficulties with bereavement or personal
problems or any sort. The board also noted that the Article 15 punishment that suspended the reduction in
rank is usually reserved for members who the commander intends to retain on active duty. There is no
documentation of misconduct subsequent to the Article 15. The Board also noted the applicant’s report of
post service accomplishments. However no corroborating documentation of his claim were submitted, for
example that he has attained the role of chief of police. After a thorough review of the record, the Board
concluded that the applicant has not shown that there was any inequity or impropriety in his discharge. If
he can provide additional documentation to substantiate his contentions the applicant should consider
exercising his right to review by the Air Force Board for Correction of Military Records.

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, change of reason for discharge and change of RE code, thus the
applicant’s discharge should not be changed.

Attachment
Examiner's Brief
FD2001-0437
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

[oe (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 90/07/18 UP AFR 39-10,
para 5-49b (Pattern of Misconduct). Appeals for Honorable Discharge and to
Change the Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 69/05/31. Enlmt Age: 18 10/12. Disch Age: 21 1/12. Educ:HS DIPL.
AFOT: N/A. A-46, E-56, G-66, M-43. PAFSC: 81150 - Security Specialist.
DAS: 88/10/11.

b. Prior Sv: (1) AFRes 88/04/06 - 88/05/17 (1 month 12 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 88/05/18 for 4 yrs. Svd: 02 Yrs 02 Mo 01 Das, all AMS.

b. Grade Status: Al1C - 89/09/18
AMN - 88/11/18

c. Time Lost: none.

d. Art 15's: (1) 90/05/23, Nellis AFB, NV - Article 86. You did, at
Tonopah Test Range, Nevada, on or about 5 May 90,
without authority, fail to go at the time prescribed to
your appointed place of duty. Reduction to Amn
(suspended until 21 Nov 90), and forfeiture of $100.00
pay per month for two months. (Appeal/Denied)

(No mitigation)

e. Additional: MFR, 03 APR 90 - Failure to return books to the base

library.

LOR, 25 JAN 90 - Violated established procedures.

LOR, 28 DEC 89 - Violation of AFR 35-10, Dress &
Appearance.

LOR, 23 MAR 89 - Dereliction of duty.

RIC, 25 APR 89 - Failure to repair.

LOR, 11 APR 89 - Bad checks.

VBC, 25 NOV 88 - Failed room inspection.

LOC, 22 NOV 88 - Missed Appointment.

ff. CM: none.

gq. Record of SV: 88/05/18 - 90/01/17 Nellis AFB 4 (Initial)

(Discharged from Nellis AFB)
FD2001-0437

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (02) Yrs (03) Mos (13) Das
TAMS: (02) Yrs (02) Mos (01) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/10/10.

(Change Discharge to Honorable and Change the Reason and Authority for
Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH

. Applicant's Issues.

Resume.

Two Certificates of Membership.
Two Certificates of Training.
Character Reference.

Two Certificates of Training.
Certificate of Appreciation.
Certificate of Training.

. Certificate of Membership.

0. Character Reference.

1. Three Certificates of Training.

PHO OIKRUMPwWhNe

02/02/13/ia
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7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space Is needed.)

 

a. DOCUMENT 1:
Post military achievements(career resume)
b. DOCUMENT 2:

 

 

 

c. DOCUMENT 3:

8. ISSUES
The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to

determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concer to you Unless those issues are listed or incorporated by Specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

-M4 HUMBLEST GREETINGS AND SIKCERE GRATIIDE To THE BOARD, FoR. AFFORIING ME __

TRE, QREORTURITY “ro PETITION “FOR UPGRADE GT MH MILITARY DISCHARGE. THE CRUX
“AND EA WANLTAR RECOARS Te ENTEREDR THE US: AIR FORCE AT AGE IR.
_AM MOTWATION FoR ENUSTNENT FAR EVERUTHING To BO WITH A STRONG
__ PATRIOTIC " WCLINATIGN “To SERVE Ane PROTECT MY “COUNTRY AND HECN TO
“SATEGDARD THE UVALOES AND” PRINCIBLES OF EREEBOM And REMOCRACY,

_ THIS. | STRONG | SENSE OF PATRIGTISM HAS RENAINEO with ME TO THIS _
DAY, ADT V5 wl CER A SENSE OF _BISCONFORT Anh SHAME FoR |
__ HAVING “To SOME BEGREE EAUER MY counmTRY By MY IWABIUTYH
_ FOWSROS “TRE CATTER PART OF 4 MILTARY SERVICE. TF SEEK TO

~~ PRONDE THE BOARD Wik A COMPLETE PICTURE Ob WKY THAT occured.

_- PURIVGE NY TRADING (lO THE OS: AIR FORCE TWAS. ComTENBING volt

A _MULTOUDE OF (SSUES ERG GIRTHE To ThE AGE OF [RT US
RAISED. BY KAU FATERIDAL AUNT. “SHE ESSENTIACH JOO YE “i AND)
__ RAZED MG AS HER out Softy UNTIL HER DEATH FROM CERVICAL
CANCER, VOICH  OccNRED Aust PRIOR TO MY _ENUSTMENT. HER

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ATTACH MEAT

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date}
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION

}make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
Statement. (U.S. Code, Tithe 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years,
or both.) / |

a. DATE (YYYYMMDD) f a rr:

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW

ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E. SAF/MIBR Commandant (G-WPM)

Greoieee Rm. 309 (NDRB) 550-C Street West, Suite 40 | 2100 Second Street, S.W.
St. Loule MQ. 63132-5200 Washington Navy Yard, DC * | Randolph AFB, TX 78150-4742 | Washington, DC. 20593-0001

(See hitp://arba.army.pentagon.mil) | 20374-5023

 

DD FORM 293, DEC 2000 Page 2 of 4 Pages
FDLCH-~ SF 37

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES

BLOCK 8. ISSUES (continued from preceding page)

Throughout my training, I kept myself preoccupied with the day to day aspects of the military and
continued to suppress my grief. Somehow, by thrusting all of my energies into military life, I was able to
excel in proficiency and command the attention of my superiors. As such, shortly after completion of
training associated with my occupational specialty, I was hand selected for inclusion in a special
assignment, whereby I was granted a Top Secret Clearance and afforded the coveted opportunity to
participate in highly covert, sensitive projects associated with safeguarding the national security and
interests of our beloved country. As a result, I received orders to my first duty assignment, the Nellis Range
Complex in Nevada and what was eventually to be known as the 4450" Combat Support Group. Initially, I
excelled in this assignment as well, being eventually selected to comprise an elite core of security
Specialists on the installation tasked with emergency service team responsibilities including counter-
terrorism, resource protection, testing installation readiness and vulnerability and training. I was good at
what I did and so proud to serve my country. However, I would soon discover that I could not continue to
tun away from my grief issues associated with my aunt’s death for much longer. I began to experience
depression. I was frightened with the prospect of sharing this information with my Commander, since as a
young airman I had heard that if I did so, or requested the assistance of a family counselor, then I would
lose my Top Secret Clearance and lose my special assignment. I’m not sure to this day whether or not that
is true, but as a young, impressionable airman, I took at face value what I had been told in this regard by
my peers. So I continued to stuff my grief and as a means of trying to deal with things. There was also a
sense of guilt from feeling that somehow I was not tough enough to work through this on my own. I felt I
was letting my unit down. Ultimately, my attempts to sidestep and stuff my grief would fail and I began to
lose focus at work, running late, reporting unprepared, difficulty managing my finances, etc. This would
culminate in my Commander notifying me of my imminent discharge. I suppose I could have tried to
explain, but as a young airman standing before his Major, I was intimidated and I did not explain. I loved
imy unit so much and I felt so bad for letting them down, my overwhelming sense of failure also served to
keep me from saying or exercising any appropriate avenues in my defense. After all these years, I want'to
set the record straight once and for all. I so Jove my country, I love my brothers in uniform, I still love the
Air Force. Soon after my discharge, I was able to successfully work through my grief and set about a
campaign to serve my country on the local level. I have amassed over ten years in professional law
enforcement and excelled significantly in my field. My highest held position being that of Chief of Police. I
have done well for myself and for my country. The upgrade of my discharge from General under
Honorable Conditions to Honorable Discharge is the final rung in my hope to correct a blemish on my
service to my country. I urge with deep respect and humility that you look deep into the recesses of your
hearts and minds and grant me this request. I am currently interested in pursuing employment with the U.S.
Military Reserves; I’d hike to do so with honor. There is still opportunity for me to make my country proud
by again donning the uniform and serving now with greater maturity, life experience, courage,
determination and above all, honor.

Thank you in advance for your consideration and may God Bless You, and may God Bless America.
Ep 2eor-0 $37

DEPARTMENT OF THE AIR FORCE

HEADQUAATERS 37TH TACTICAL FIGHTER WING (TAC)
NELLIS AIR FORCE BASE NV 89191-5000

   
 

   

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REPLY TO JA

ATTN OF:

suect, Legal Review of Administrative Discharge Proceedings Under AFR
39-10, Para 5-47b, AlC QiQOINREEE., FReaaiRe

TO: cc
1. Action: This case is before you in your capacity as the

Discharge Authority for your review and action. The commander,
Major Sage, 37th Security Police Squadron, initiated this action

on 9 July"90 recommending that respondent be discharged for a
pattern of misconduct. The case has been processed by notification
procedure. As the Discharge Authority, you have the following
alternatives: |

a. Direct that the respondent be retained in the United
States Air Force; or,

b. Direct that the respondent be discharged with a general
discharge; or,

c. Return the package to the unit commander and direct
reinitiation of the package with an under other than honorable
conditions discharge; or,

d. Send the package to 12th AF/CC with a recommendation that
the respondent receive an honorable discharge with or without
probation and rehabilitation; or,

e. Direct discharge as in b. above, but offer the respondent
probation and rehabilitation.

2. Facts:

a. For the Government: The file clearly shows that the
respondent has engaged {in a pattern of misconduct which consisted
of conduct prejudicial to good order and discipline. It is shown
by the following evidence:

1. On or about 5 May 1990, he failed to go to his appointed
place of duty, to wit; Building 217, Tonopah Test Range, Nevada,
for which he was given an Article 15 on 14 May 1990

2. On or about 3 Apr 1990, he failed to return a TTR library
book that was 2 weeks overdue and for which he had received two
late notices.

3. On or about 25 Jan 1990 he violated established procedures
by attempting to take a recording tape player and cassette tapes
from TTR without proper authority for which he received a letter of
reprimand.

 

Readiness t4 OUT (Pro esston

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Pp 200l- OF 37

4. On or about 28 Dec 1989, he was placed on the Control
Roster after receiving a LOR for a gross violation of 35-10 and

failure to maintain sufficient funds for which he was counseled
on 16 Oct 1989.

5. On or about 23 March 89 he was inattentive on post in
violation of Art 92 for which he received a LOR.

6. Between 3 and 5 April 89, he failed to properly prepare
for duty by failing to have a poncho, forcing him to sign a poncho
out from supply.

7. On or about 11 Apr 89 he mismanaged his personal funds and
wrote bad checks for which he was given a letter of reprimand.

8. On or about 25 Nov 88 he maintained his assigned dormitory
room in total disarray to the prejudice of good order and
discipline.

9. On or about 17 Nov 88 he failed to attend a Flight
Training Appointment for which he was given a Letter of Counseling.

b. For the Respondent: The Respondent has served
approximately 2 years and I month as a member of the United States
Air Force.

c. His Airman Performance report is: EPR ~ 4

d. His test scores are: Adm-46, Elect-56, Gen-66, Mech-43

e. You nust consider all statments submitted by the
Respondent.

3. Errors and Irregularities: There are no errors or
irregularities which affect any substantive right of the
respondent. This legal review is contingent upon the respondent's
physical exam showing that he is qualified for world-wide duty.

4. Conclusions:

a. Legal Sufficienc The file has been prepared in
compliance eaTth AFR 39- TO. All substantive rights under AFR 39-10
have been afforded this respondent. The file will support the
discharge of this respondent prior to the normal expiration of his
enlistment should you decide to take that course of action.

b. Should the Respondent be Discharged: The squadron
commander has recommended discharge. I concur. The file contains
ample evidence to support discharge in this case. The

respondent's numerous infractions clearly establish a pattern of
wisconduct and beahvior adverse to Air Force standards.

c. Characterization of Discharge: The squadron commander

 

recommends a general discharge. TI concur.
PD 200-8437

d. Probation and Rehabilitation: I concur with the
recommendation of the squadron commander that this member not be

offered probation and rehabilitation. This respondent is an
unsuitable candidate for the probation and rehabilitation program.
Previous counseling and other rehabilitative efforts made by
training squadron and current squadron failed to turn his behavior
around.

 

5. Recommendations: I recommend that you order this respondent

discharged from the United States Air Force with a general
discharge and that he not be offered probation and rehabilitation.

  
   

eee, Major, USAF
Staff Judge Advocate
DEPARTMENT OF THEAIRFORCE 3 =9— FP20O1- 9450

HEADQUARTERS 37TH TACTICAL FIGHTER WING (TAC)
NELLIS AIR FORCE BASE NV 69191-5000

 

netytd 37 gps/CC JUL 09 990

suvect. Notification Letter

ro, AlC CuRNGiinn, Framemmmeniiett

1. YI am recommending your discharge from the United States Air
Force for a pattern of misconduct. The authority for this action
is AFR 39-10, paragraph 5-47b. If my recommendation is approved,
your service will be characterized as honorable or general. [I am
recommending that your service be characterized as general.

2. My reasons for this action is:

. a. On or about 5 May 1990, you failed to go to your appointed
place of duty, to wit; Building 217, Tonopah Test Range, Nevada,
for which you were given an Article 15 on 14 May 1990.

b. On or about 3 Apr 1990, you failed to return a TIR library
book that was 2 weeks overdue and for which you had received two
late notices.

c- On or about 25 Jan 1990 you violated established procedures
by attempting to take a recording tape player and cassette tapes
from TTR without proper authority for which you received a letter
of reprimand.

d. On or about 28 Dec 1989, you were placed on the Control
Roster after receiving or a LOR for gross violation of 35-10 and
failure to maintain suffictent funds for which you were counseled

16 Oct 89.

e. On or about 23 March 89 you were inattentive on post in
violation of Art 92 for which you received a LOR.

£. Between 3 and 5 April 89, you failed to properly prepare
for duty by failing to have a poncho, forcing you to sign a poncho
out from supply.

g- On or about 11 Apr 89 you mismanaged your personal funds

and wrote bad checks for which you were given a letter of
reprimand.

h. On or about 25 Nov 88 you maintain your assigned dormitory
room in total disarray to the prejudice of good order and
discipline.

i. On or about 17 Nov 88 you failed to attend a Flight

Training Appointment for which you were given a Letter of
Counseling.

Readiness {4 OUT Profession
FO2CO/-O437

You have the right to consult counsel. Military legal counsel
has been obtained to assist you. I have made an appointment for
you to consult the defense counsel on Monday,®1 3 680 , at 0900
at the Area Defense Counsel's office, Bldg P-47. You may consult

civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf.
Any statements you want the separation authority to consider must
reach we by no later than three duty days from the date you
received this notice, unless you request and receive an extension
for good cause shown. I will send them to the separation authority.

5S. I£ 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.

6. You were scheduled for a medical examination on 5 July 1990 at
0630 at the USAF Hospital Nellis AFB.

7.