AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE WAIBER 

FD02-0050 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 to Honorable is denied. 

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

ISSUE:  The applicant states that his discharge was inequitable because it was based on one isolated 
incident in 13 years of service with no other adverse action.  The records indicate the member was 
convicted in a civilian court of law for arson.  Having been convicted of a civil offense, a punitive discharge 
would be authorized for the same or a closely related offense under the Manual for Courts-Martial.  The 
applicant was separated with an Under Other Than Honorable Conditions Discharge.  The DRB opined that 
the seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance 
The Board concluded the civilian conviction for arson was a significant departure from the conduct 
expected of all military members.  The Board found no evidence of impropriety or inequity in this case on 
which to base an upgrade of 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 findings the Board hrther 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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

/ 

FD2002-0050 

(Former TSGT) (HGH TSGT) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a UOTH Disch fr USAF 92/08/18 UP AFR 39-10, 
para 5-48 (Civilian Conviction).  Appeals for General Disch. 

2.  BACKGROUND: 

a. DOB: 60/02/05.  Enlmt Age: 19 5/12.  Disch Age: 32 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-82,  E-99,  G-99,  M-89. PAFSC: 23171 - Graphics Technician. 
DAS: 91/08/15. 

b.  Prior Sv: (1) Enlisted as AB 79/07/31 f o r   4 yrs.  Reenlisted as SRA 

83/05/06 for 4 yrs.  Extended 85/11/02 for 5 months. 
all AMs.  AMN-(APR Indicates): 79/07/31-80/07/30. A1C -  80/07/31.  SRA - 
82/06/01.  SSGT- (APR Indicates) :  83/10/03-84/10/02.  APRs: 8, 9,9,9,9,9,9,9,9. 

Svd: 8 yrs 2 months 4 days, 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 87/10/06 f o r   4 yrs.  Extended 89/11/20 f o r   5  months. 
Extended 91/06/20 for 17 months. Svd: 04 Yrs 10 Mo 12 Das, of which AMs  is 4 yrs 
10 months 7 days  (excludes 5 days lost time) . 

b.  Grade Status:  none. 

c.  Time Lost:  91/12/13-91/12/18 (5 days). 

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

f .   CM:  none. 

g.  Record of SV: 87/08/18 -  88/08/17  Langley AFB  9  (Annual) 
88/08/18 -  89/08/17  Langley AFB  9  (Annual) 
89/08/18 -  90/01/07  Langley AFB  5  (HAF  Dir) 
90/01/08 -  90/11/03  Langley AFB  4  (CRO) 
90/11/04 -  91/06/22  Langley AFB  3 

(CRO) 

(Discharged from Pentagon) 

h.  Awards &  Decs:  AFCM 2/1 OLC, AFAM, AFOUA W/2 OLCS, AFOEA, AFGCM W/3 

OLCS, NDSM, AFOSSTR, AFLSAR 2/2 OLCS, NCOPMER, SAEMR, AFTR. 

i.  Stmt of Sv:  TMS: (13) Yrs  ( 0 0 )   Mos 
TAMS:  (13) Yrs  (00) Mos 

13) Das 
13) Das 

FD2002-0050 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 0 2 / 0 1 / 1 8 .  

(Change Discharge to General) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 13 years of service with no other adverse action.  Please review 
Attachment 1 Personal Statement. 

Issue 2:  Prior to my  accepting a hearing before an Administrative Discharge 

Board.  I was offered a General, Under Honorable Conditions discharge type.  I 
declined this in hopes of an Honorable discharge type at the end of my normal 
enlistment. 

ATCH 
1. Personal Statement to the Discharge Review Board. 
2. Character Witness. 
3 .   VA Cover Letter. 

02/05/16/ia 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR  FORCE DISTRICT OF WASHINGTON 

BOLLING AIR  FORCE BASE DC 2 0 3 3 2  

REPLY TO 
A l T N O F :  

,JA 

SUBJECT: 

T O  

1100  ABG/CC 

AFR  33-10  Discharge  Action  -  T S g t  

1;' 

J u l y   3.992 

roceedingr;  i s   l e q a l  l y   su1:ficierit  t o  
1.  The  a t t a  
s e p a r a t i o n   from  t h e   A i r   Force  f o r  
warra.nt  T S q t  
Mi  :ended  in 1 i eu of  f i f teen years probat ion arid 
restitution of  S14,832.30  (Gvt Exhibit 5). 

3 June 3.992 
ate Penitentiary, 

E ? .   Photographs taken by Officer 

extent of the damage to the condominium (Gvt Exhibit 6). 

wh i c h de p i c t  t h e 

Tast i3erformance evaluations, inciuciinq a 
f .   TSgt 
p r i o r   t o  the commission of  the offense 
poor  EPR  recor 
and a referral EPR  which was  ordered as a result of  t h e   o f f e n s e  
(Gvt Exhibit  7). 
4 .   Evidence for the Re:?pondent : 

a.  An unsworn written statement :by  TSgt 

states his innocence, claims he  will  see 
conviction, and requests h i s   reterltion i 
Exhibit A).  Throughout the letter, TSgt 
contributions he  has:  made  t o   the  Air Far 
year career and argues he ca.n continue to be  a productive Air 
Force member. 

b.  An unsworn wr'itten  stateinent from T S g t  

which explains his Bresence  n  Hampton on  the night of the fire 
CJ  ?le was wearing  (Res 
and accounts for the unusual 
Exhibit A).  According to Ms 
their family had 
during their time in 
experienced i3robl enis wi th a 
Hampton, and as a result, 19s 
had asked her husband not to 
check on the c 
feared he would be h u r t .  
believes her husband drove to Hampton on 
Therefore, Pls. 
the night of  t 
e without her knowledqe not because he 
wanted to set fire to the condominium, but because he did not 

wife 

want her to worry  ahout hint  while he c!iecked  on the apartment. 
Also, 14s. 
now claims she made the clothing worn by her husband 
when  he w 
ucjh  she denied iiiakinq  the o u t f i t   wiien 
s t e e r   e 
on the night of  the tire. 
questioned by  Inspector 

Letter:; of  apprec- i at ion and recoimiienda t i on from TSqt 
past co-workers ane  supervisors (Res Exhibits B  through AW) . 
5 .   Errors and Irresularities:  I noted no errors or irregularities 
affecting the substantive rights of  the ResiDondent. 
6.  SPCM  Convening Authority Options:  Commander, 1100th Air Rase 
Group, has the following options (see AFR  39-10, para 5-53): 

a.  Retain Respondent 
b.  Eli scharqe Res2ondent with a General 
Conditions) Discharge and award probation and 
c .   D i  scharye Resi3ondent with a General 
Conditions) Discharge without probation a.nd r 

Under Horiorabl e 
rehabilitation 
Under Honorable 
habilitation 

ci. 

Recommend that Commander, Headquarters Air Force District 

of  Washington, discharge Respondent with a.n  Under Other Than 
Honorable Conditions Discharge 

e.  Recommend that Commander, Hea,dqua.rters Air Force District 

of  Washington, discharge Respondent and of fer hiin  probat ion arid 
rehabilita.tion 

7.  Discussioa: 

a.  Respondent's  civilian conviction for arson c l e a r l y  

established a basis for discharge under AFEi  39-10, para 5 - 4 8 .   A l s o ,  
the same or closely related offense is punishable by punitive 
1 .   Therefore, the board 
discharge under the Manual  for Courts Ma 
had  sufficient reason to reconlinerid TSqt 
be di scharged from the 
Air Force Under Other Than Honorable Con 
s .  

the offense, the board's  recommendation should be followed.  T S g t  

b.  Because of the circumstances surrounding the coiiimission of 
ire to his condominium late at night without 
of  the residents of  t h e   adjoining units. 
learly intended to conceal his presence  in 
Moreover, TSgt 
Ha.mptom by  wearing an outfit which included a  padded shirt, black 
ski g m t s  and a black knit cap with a wig sewn in to it.  Setting 
this fire was not an accident or a minor off 
rather, it was a 
in order to cure 
pre-ineditated operation undertaken by TSgt 
Ited in more 
his financial problems, but which could ha 
serious injury to both ixrsons and property. 

CI  .  Add i t i orla 1 i y  %sqt 

on  the  job  performance  had 

’ 

decrea.sec?. ;?Tior  t o   t h e   i n c i d e n t ,   a.nd.  h i s   performance  has 
declined  f u r t h e r   s i n c e   h i s   a r r e s t   arid  c o n v i c t i o n .   Hi::  EPR 

4  November  1 9 9 0   through  2 2   June  1 9 9 1   p o i n t s   t o   T S g t  
numerous  hours  away  from  h i s   job and  a t t e n t i o n   t o  
x t i v i t i e s   as  ma.)or  impediments  t o   h i s  
accoiiii31 ishnierit  of  the  mission.  Apparently,  T S g t  
Force  c a r e e r   had  cea.sed  t o   be  a  p r i o r i t y   t o   him  even  before  h i s  
c i v i l i a n   conviction,  and  his  perforinance  s u f f e r e d   a s   a  r e s u l t .  
d .   F i n a l l y ,   t h e   s e p a r a t i o n   a u t h o r i t y   must  consider  t h e  

A i  I 

i n   deciding  whether  t o   accept  and  a c t  

2 o s s i b i l i t y   of  appeal 
upon  t h e   boa.rd’s  recommendations.  While  t h e   discharge  board  may 
consider  t h e   inerits  of  t h e   a c t i o n   and  make  i t s   recomiiiendations 
i n   s p i t e   of  t h e   p o s s i b i l i t y   of  appeal,  t h e   general  policy  i s   t o  
withhold  execution  of  a  recommended  di scharqe  f o r   a  c i v i  1 ian 
conviction  u n t i l   t h e   outconie  of  an  appeal  i s   known  ( s e e  AFR 
39-10, parayrash  6 - 5 7 ) .   However,  a  check  w i t h   t h e   Hampton 
C i r c u i t   Court  on  7  J u l y   1 9 9 2 ,   four  days  a . f t e r   t h e   deadline  f o r  
f i l i n q   a  tiiiiely  appeal  i n   TScJt 
case,  revealed  t h a t   no 
been  f i l e d .   While 
n i c a l l y   does  n o t   preclude 
appe 
i n   t h e   f u t u r e ,   i t   p r a c t i c a l l y  
fro111  f i 1 i n y   a n   appeal 
TSgt 
assu 
t  t h e   a p p e l l a t e   c o u r t   w i l l   r e f u s e   t o   hear  h i s   claim. 
Therefore,  t h e   seTaration  a u t h o r i  
,  suspend  i t s   d.ecision  because  T S y t  
untimely  aapeai  sometime  i n   t h e   f 

u l d   n o t   feel  bound  t o  
might  p o s s i b l y   f i l e   an 

8 .   Recommend3,t ion:  t h a . t   you  recommend  t o   Commander, 
Headquarters  A i r   Force  D i s t r i c t   of  IJas.hin(jton,  t h a t   T S q t  

be  discha.r(jed  from  t h e   A i r   Force  w i t h   a n   Under 

Conditions  Discharge,  wi t h o u  t  an  award  of 

Atch 
Roard  Proceedings 

DEPARTMENT OF THE AIR  FORCE 

7TH COMMUNICATIONS GROUP 
WASHINGTON  DC 20330-6345 

REPLY  TO 

ATTNOF:  MS 
suwuEcT:  Notification Letter - Board Hearing 

29 Apr 92 

_-_ . 

Unit:  7th Communications Group, Office Sym:  GNEV 
1.  I am recommending your discharge from the United States Air 
Force for Misconduct - Civilian Conviction, according to AFR 39-10, 
under the provisions of paragraph 5- 48.  Copies of the documents to 
be forwarded to the separations authority to support this 
recommendation are attached. 
2.  My reason for this action is: 

On or about 26 Mar 92, you were found guilty of Arson, a felony 

in the Circuit Court in Hampton, VA. 
3.  This action could result in your separation with an Under Other 
Than Honorable Conditions discharge.  I am recommending that you 
receive an Under Other Than Honorable Condition discharge. 
The 
commander exercising SPCM jurisdiction or a higher authority will 
make the final decision in this matter.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force. 
4 .   You have the right to: 

a.  Consult legal counsel. 

Present your case to an administrative discharge board. 

b. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your own behalf in addition to, or in 

lieu of, the board hearing. 

- 

e.  Waive the above rights.  You must consult legal counsel 

before making a decision to waive any of your rights. 
5 .   You have been scheduled for a medical examination.  You must 
report to Malcolm Grove Medical Center, Andrews AFB, MD at 0700 hrs 
on 1 May 92.  You cannot consume any alcoholic beverages 72 hrs 
prior to this appointment, cannot engage in any type of physical 
exercise 24  hrs prior to this appointment, and cannot eat any meals 
14 hrs prior to this appointment.  Also, if you wear contact lenses, 
do not bring them with you to this appointment. 

Military legal counsel  has been obtained to assis 
6- 0 
appointment has been scheduled for you to consult Capt 
on 4 May 92, at 1000 hrs, at Andrews AFB, MD, Building 1430, 
Commercial (301) 981-6624.  Instead of the appointed counsel, you 
may have another, if the lawyer you request is in the active 
military service, and is reasonably available as determined 
according to AFR 111-1.  In addition to military counsel, you have 
The Air Force does not pay 
the right to employ civilian counsel. 
expenses incident to the employment of civilian counsel.  Civilian 
counsel, if employed, must be readily available. 

Confer with your counsel and reply, in writing within 7 
7. 
workdays, specifying the rights you choose to exercise.  The 
statement 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 Statement as explained in AFR 39-10, attachment.2. 
A copy of AFR 39-10 is available for your review in the 7th 
Communications Group Mission Support Section, located in 1D1000. 
You are required to return AFR 39-10 when your case has been 
completed. 
9.  Execute the attached acknowledgment and return it to me 
immediately. 

2 Atch 
1.  Supporting Documents 
2.  Airman's  - 
Acknowledgment 

,