AIR FORCE DISCHARGE REVIEW’ BOARD DECISIONAL RATIONALE 

I 

FD02-0078 

GENERAL  The applicant appeals for upgrade of discharge to Honorable and to change the reason and 
authority for discharge 

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 ktm&eading  to the 
discharge 

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1. 

FINDINGS:  Upgrade of discharge is denied 

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity 

or impropriety, which wouldiustify .- 

a change of discharge 

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ISSUE.  Applicant  does not  contest  his  discharge  He states that  he  has  served  his  country  for over  10 
years honorable. with the exception of the events that surrounded his dischargeand he alludes to all his post 
service  activities  The record  indicates  that  the  applicant  received  an  Article  for  unlawhlly  carrying  a 
concealed  weapon  and  for  being  disorderly  He  also  received  four  Letters  of  Reprimand  (LOR)  for 
fighting,  taking  a  female,  not  his  wife,  into  bed  in  unaccompanied  quarters,  failure to provide  accurate 
contact information on a recall  roster,  and  failure to pay just  debts  An  Administrative  Discharge Board 
found the applicant guilty on the Article 15 charge and the first LOR, fighting  He was found Not Guilty on 
the other three  LORs  The DRB  took  note  of the  applicant’s  duty  performance  as  documented  b r k i s  
performance  reports,  and  other information  contained  in  the  records  They  found  the  seriousness of%F 
willful  misconduct  offset any positive  aspects of the applicant’s duty performance  The Board  concluded 
the discharge was appropriate for the reasons that were the basis for this case  The DIU3 was pleased&  see 
that the applicant was doing well and has a good job  However. no inequity or impropriety in his dischwge 
was found in the course of the hearing  The Board concluded the misconduct  of the appllcant appropriately - 
characterized  his term of service 

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CONCLUSIONS:  The Discharge Review Board concludes that the discharie was consistent with the 
procedural and substantive requirements of the discharge regulation and was wi-he 
discretion of the 
discharge authority and-+ 

the applicant was provided full administrative dueyrocess 

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In view of the foregoing-findings the board hrther concludes that there exists no legal or equitable basis-GT 
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 

FD2 002 - 007 8 

(Former SSGT) (HGH SSGT) 

MATTER UNDER REVIEW: 

A p p l   rec’d  a GEN Disch fr USAF 96/08/22 UP AFI 36-3208, 

L. 
iara 5.50.1 (Misconduct -  Discreditable Involvement With Military Or Civil 
luthority).  Appeals for Honorable Discharge and to Change the Reason and 
iuthority for Disch. 
!.  BACKGROUND: 

a. DOB: 67/08/25.  Enlmt Age: 17 11/12.  Disch Age: 28 11/12. Educ: 

3achelor Degree.  AFQT: N/A.  A-87,  E-75,  G-59,  M-76. PAFSC: 4N071 - Medical 
;ervice Craftsman. DAS: 93/11/16. 

b.  Prior Sv: (1) AFRes 85/07/29 -  85/10/31 (3 months 2 days) (Inactive). 

(2) Enlisted as AB 85/11/01 for 4 yrs.  Extended 89/01/31 for 

3 months.  Reenlisted 89/09/28 for 4 yrs.  Extended 96/02/12, for 1 month. 
[xtended 93/02/12 for 12 months.  Svd: 8 yrs 8 months 26 days, all AMs.  AMN-(APR 
ndicates): 85/11/01-86/10/31. A1C-(APR Indicates) :  86/11/01-87/10/31.  SRA-(APR 
ndicates) :  88/05/10-89/03/01.  SGT- (EPR Indicates) :  89/03/02-90/03/01.  SSGT - 
4/01/01.  APRs: 7,7,8,9. EPRs: 4,5,5,5,5. 
.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSGT 94/07/27 for 4 yrs. Svd: 02 Yrs 00 Mo 25 Das, all 

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MS. 

b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  A r t   15’s:  (1) 96/06/20, McConn 11 AFB, KS  - 

L  ic e  3, .  You did, on 

or about 13 Jul 95, unlawfully carry on or about your 
person a concealed weapon, to wit: a loaded Tec-DC9 
Semi-Automatic Assault Pistol.  You  were, on or about 
13 Jul 95, disorderly, which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to 
SrA (suspended until 17 Dec 96) , 45 days extra duty, 
and a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 23 DEC 95 -  Fighting. 

LOR, 23 SEP  94 - Taking female (not his wife) into bed in 

unaccompanied quarters. 

LOR, 27 MAR  95 -  Failure to provide accurate contact 

information on recall roster. 

LOR, 04 NOV 94 -  Failure to pay just debts. 

FD2 0 02 - 0 07 8 

f.  CM:  none. 

g.  Record of SV: 93/08/02 -  94/08/01  McConnell AFB  3  (Annual) 

94/08/02 -  95/04/13  McConnell AFB  3  (CRO) 
95/04/14 -  96/04/13  McConnell AFB  3  (Annua1)REF 

(Discharged from McConnell AFB) 

h.  Awards &  Decs:  AFAM 2/2 DEVS, AFLSAR W/1 DEV, AFTR, AFOSLTR, NDSM, 

NCOPMER, AFOUA W/VALOR W/1 DEV, AFGCM 2/1DEV. 

i.  Stmt of Sv:  TMS:  (11) Yrs  (00) Mos  (24) Das 
TAMS:  (10) Yrs  (09) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 02/01/23. 

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

Discharge) 

LETTER ATTACED TO BRIEF. 

ATCH 
1. Letter to the Discharge Review Board, 23 Jan 01. 
2. DD Form 214. 
3. DD Form 149. 
4. Congressional Correspondence, 29 Jan 02. 
t. Privacy Act Release, 24 Jan 02. 
6. Character Reference. 
7. Certificate of Appreciation. 
8. Associate of Science Degree. 
9. Bachelor of Science Degree. 
10. Certificate of  Completion. 

02/05/20/ia 

Board for Correction of Air Force Records 
SAJ?/MIB 
550-C Street West, Suite 40 
Randolph AFB, TX 78 150-4742 

Dear Board for Correction of Air Force Records, 

1, 

upgraded for the following reasons: 

am writing this 1etter.in hopes to have my Air Force discharge 

1.  I have served my  country for over ten years honorably, with the exception of the 

events that surrounded my discharge. 

2.  I have contributed positively to the community as a role model and mentor by 

tutoring elementary children during my free time. 

3.  I have obtained an associate degree with honors as well as a Bachelors degree with 

honors. 

need in a crisis. 

4. I have donated my resources to the Red Cross to help other people who may have a 

5.  I have climbed the corporate ladder outside of the military at an exceptional rate due 

to my focus on life re-alignment after my discharge. 

6.  I now see the mistake I have made and now wish to correct that mistake. 

First, after looking back, I faithfidly served my country for over ten years. During that 
time I married and had a beautifid son who drew my focus to become a great father. 
However the marriage ended and I was misguided. My feelings were not the same 
because I thought that marriage was forever. During the period of my divorce my ex-wife 
made things more difficult than my normal. Not to point blame, but I am only human and 
situations such as divorce has a very negative effect on someone trying to raise a child for 
the first time. 

Second, I have contributed positively to the community by being a mentor and role 
model. Having a child gives me the strength to teach other children learn and to help the 
teaching society focus on children that do not require as much time for learning. I enjoy 
dedicating my time for a positive cause. My son is far ahead of many children in the 
school he attends and my tutoring shows him that sharing is a valuable quality. 

Third, I have obtained two degrees, with honors since my discharge. I received an 
Associate of Science and a Bachelors of Science. This shows that I now have regained 
focus on life and have decided to maintain a positive focus. 

Fourth, I have become a donator for the Red Cross. After working in the health care 
profession during the last seven plus years of my military career, I can see how this can 
help people during unexpected disasters of their lives. I have always valued my fellow 
persons, and now have a venue to help them positively. 

Fifth, since my discharge I have climbed the corporate ladder to take a position in 
management within a four-year period. Many people in the "civilian" work force spend 
years to grasp a position like this. I manage one of the newest business jets in the world 
and have worked closely with the United States Air Force and The United States Navy to 
provide the next generation military training airplanes, the new PATS. 

With all this in mind, I now see that it takes years to come to rest with an unidentified 
mistake in my  life. I have since re-married and expect Gother child. I am elated to have 
the life I now have and feel that I do not ever have to worry about my past problem. My 
son has grown to be a wondefil asset in my life. My wife enhances life to the fillest and 
my  expected child can only prosper from my life experiences. 

Please take the time to carehlly review my request. I do whole-heartedly believe that you 
will understand that my positive focus will be beneficial. Not many people look at life the 
way I do, and I do believe the saying that you learn by your mistakes. 

Please feel free to contact me with any concerns that pertain to this request and thank you 
in advance for taking the time to review my request. 

Sincerelv. 

,% 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 22D AIR REFUELING WING (AMC) 

STAFF JUDGE ADVOCATE 

McCONNELL AIR FORCE BASE, KANSAS 

21 Aug 96 

MEMORANDUM FOR 22 ARW/CC 

FROM:  22 ARWIJA 

SUBJECT:  Involuntary Discharge 

UMSTANCES.  On  17 July  199 

ed from the United States Air Force purs 

eceive  an  Under  Other  Than  Honorable  Conditions 

hearing.  On 3 1 July  1996, a board of c o r n  
should be discharged.  The board rccommcn 
to AFI 36-3208, paragraph 5.50.1, with a General (Under Honorablc Conditions) discharge and that he not 
be offered probation and rehabilitation. 

ened to determine wheth 

2.  EVIDENCE: 

a.  Evidence for the Government: 

received a Letter 

having a partially dressed 
former first sergeant) and 
Government also entered 

ss statements concerning the incident. 

(2) The Government introduced a Letter of Reprimand 

his rent on time (Gov Exhibit 17). 

(3) The Government introduced a Letter of Reprim 

correct information on a recall roster (Gov Exhibit 16). 

received for failing to p5y 

received for failing to give 

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(4)  The Government introduced an Article  15 
eceived for carrying a  concealed 
weapon in his vehicle and for disorderly sonduct. (Gov 
e Wichita Police Officers and an 
OS1 agent testified regarding this incident.  The weapon itself was placed into evidence. (Gov E h b i t  19). 
The Wichita Police report (Gov Exhibit 8) and two victim statements (Gov Exhibits 9 and  10) were also 
introduced into evidence. 

(5) The Government introduced a Letter of Reprimand (Gov Exhibit 7). 

beating his girlfriend. This included photos of the bruises suffered by the girlfriend. 

received for 

all testified concerning 

AMC-GLOBAL REACH FOR AMERICA 

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(7) Lastly, the Government submitted SSgt Andrews’  EPRs (Gov Exhibit  18).  The three most 

recent EPRs are an overall 3, with the previous EPRs being an overall 5. 

b.  Evidence for the Respondent: 

(1) The Respondent submitted four character references (Res Exhibits L, M, N, and 0). 

(2)  SSgt Jennifer I. Andrews also testified for the Respondent concerning the Letter of Reprimand 

SSgt Andrews received for failing to pay his rent on time. 

(3)  Ms. Conicka Thomas testified concerning the incident involving the concealed weapon and the 

disorderly conduct. 

(4)  The Respondent made an unsworn  statement and introduced his  three citations for the Air 

Force Achievement Medals (Res Exhibits F, G and H). 

(5)  The Respondent introduced three positive performance feedback records completed by  Capt 

Susan Drennon in 1995 and 1996 (Res Exhibits I, J and K). 

3.  DISCUSSION.  In my opinion, the evidence in the file is factually and legally sufficient to support the 
board’s recommendation that SSgt Andrews be involuntarily discharged from the Air Force prior to the 
expiration of his term of service for discreditable involvement with military or civil authorities. 

a.  Basis for Discharge.  The board determined that SSgt Andrews was disorderly when he engaged in a 
fight with Conicka Thomas and that his conduct was of a nature to bring discredit upon the armed forces. 
They also found that he carried a concealed weapon in his  vehicle.  Based upon these two findings they 
recommended that he be discharged.  While the board determined that he did not commit the remaining 
allegations,  these  two  acts  are  legally  sufficient to justify  a  General  (Under  Honorable  Conditions) 
discharge. 

b.  Discharge Characterization.  Pursuant to AFI 36-3208, Section B, paragraph 1.18.2, a member’s 
service should be characterized as General (Under Honorable Conditions) if the airman’s service has been 
honest and faithful but significant negative aspects of the airman’s conduct or performance outweigh the 
positive aspects of the airman’s  military record.  Considering the guidance provided in AFI 36-3208 and 
the  adequate  on  duty  performance  of  the  Respondent,  a  Genera*  (Under  Honorable  Conditions)  is 
appropriate.  Because the Board did not recommend an Under Other Than Honorable Conditions discharge, 
you do not have this option of directing this type of discharge. 

c.  Probation and Rehabilitation.  AFI  36-3208,  paragraph 7.5,  indicates that  you,  the  separation 
The  board 
Given  the  severity  of  the  acts,  we  also  do  not 

authority,  may  offer  probation  and  rehabilitation  if  you  deem  that  it  is  appropriate. 
recommended  against  probation  and  rehabilitation. 
recommend probation and rehabilitation. 

d.  Your Options.  As the Special Court-Martial Convening Authority, you may: 

(1)  Direct that  SSgt Andrews  be  discharged  with  an Honorable or General (Under  Honorable 

Conditions) discharge, with or without probation and rehabilitation; or 

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(2)  Retain 

4.  RECOMMENDATION: 

a.  Considering all of the evidence in 
ommendation of the board, I  recommend that 
you  sign the attached letter directing tha 
discharged from the United States Air Force 
with  a  General (Under  Honorable Conditions)  discharge pursuant  to  AFI 36-3208,  paragraph  5.50.1, 
without hrther probation and rehabilitation. 

b.  I you have any questions or require additional information, I can be reached at 3590. 

Deputy Staff JGdge Advocate 

I have carefdly reviewed the foregoing legal opinion. I concur with the recommendations contained therein 
and adopt them as my own. 

Staff Juge Advocate 

I 

Attachments: 
1.  Letter Directing Discharge 
2.  AFI 36-3208 Discharge Package 
3.  Record of Discharge Proceedings 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 22D AIR REFUELING WING (AMC) 

McCONNELL AIR FORCE BASE, KANSAS 

17 JUl96 

MEMORANDUM FO 

FROM:  22 MDOS/CC 

SUBJECT:  Notification Letter - Board Hearing 

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  Discreditable 
Involvement  with  Military  or  Civil  Authorities  according to  AFPD  36-32  and  AFI  36-3208, 
paragraph 5.50.1.  Copies of the documents to be forwarded to the separation authority to support 
this recommendation are attached. 

2.  My reason for this action is: 

1995 in Wichita, Kansas, disorderly, in that you engaged in a 
which misconduct was of  a nature to  bring  discredit upon  the 
120317, 
ichita Police Department incide 
dated 23 December  1995, and  6 photographs of injuries to yon an 
aken on 
23 December 1995.  You received a letter of reprimand for this misconduct, dated 28 May 96. 

rces,  as  evidenced  by  Wichita Police  Departmen 

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received  nonjudicial punishment for Yis  offense,  as  evidenced  by  AF Form  3070 (Record  of 
Nonjudicial Punishment Proceedings) dated 10 Jun 96. 

c.  You did, at or near Wichita, Kansas, on or about 13 Jul 95, unlawfblly carry on or about 
your  person  a  concealed  weapon,  to  wit:  a  Tec-DC9  Semi-Automatic  Assault  Pistol,  as 
evidenced  by  Wichita- Police  Department incident  report  number  95C065274,  dated  13 July 
1995, the additional info 
and Fort, the summarized, 
sworn testimony  of  Offi 
96,  and  a  Tec-DC9  semi- 
automatic assault pistol with case, magazine, and 9-millimeter rounds, seized fi-om your 

AbIC-GLOBAL  REACH FOR AMERICA 

GOVTW-  3 

automobile on 13 July  1995; you received nonjudicial punishment for this offense, as evidenced 
by an AF Form 3070 (Record of Nonjudicial Punishment Proceedings) dated 10 Jun 96. 

d.  You did, on 7 Sep 94, tak 

a female who is not your wife. into 
your  bed  in  your  unaccompanied  NCO  quarters,  as  evidenced  by  an  Air  Force  Form  3545 
Form  1168  (Statement  of 
(Incident  Report)  dated  7  September  1 
SuspectlWitness/Complainant) completed 
dated  7  Sep  94.  For  this 
misconduct you received a letter of reprimand dated 23 September 1994, which was placed  into 
an Unfavorable Information File on 4 November  1994. 

e.  You did, between on or about 27  Feb 95 and  15 Mar 95, fail to provide accurate contact 
information on your unit recall roster and on your AF Form 988 (Leave Form) as evidenced by 
an AF Form  1058 dated 27  Mar  95, a letter of reprimand dated 27  Mar 95, and a copy  of the 
Acute Care Clinic Staff Phone Roster. 

f.  You did , between on or about 6 August 1 994 and 3 1 October 1994, at the Buttonwood Tree 
living  complex, dishonorably fail  to pay  your debts  when  due,  as  evidenced by  a  letter  from 
Buttonwood  Tree  apartments dated  31 Oct  94.  For  this  misconduct  you  received  a  letter  of 
reprimand dated 4 Nov 94, which was placed into an unfavorable information file on 4 Nov 94. 

3.  This action could result  in  your  separation with  an under  other  than honorable conditions 
(UOTHC)  discharge.  I  am  recommending  that  you  receive  an  under  other  than  honorable 
conditions  (UOTHC)  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 and will probably be denied enlistment in any component of the 
armed forces. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

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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. 

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5.  You have been scheduled for two mandatory medical exams.  You are to report to the 22d 
Medical Group Phvsical Exams section on 24 Jul 96 at 0730 and  1040.  Your amointment will 
be wit 
you.  If you we& glasses take them with you.  If 
you wear contacts have them out 12 hoars prior to the exam. 

Take your records with 

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Area  Defense  Counsel (ADC),  Little Rock  Air  Force 
6 .   Military  legal  counse1,i 
Base, Arkansas, has been detailed to assist you.  I have scheduled a telephone appointment for 
you to consult him on 23 Jul 96 at 0900.  You can reach him at DSN 731-3260.  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 AFT  52-201.  In addition  to  or 
instead of military counsel, you have the right to employ civilian counsel.  The Air Force does 
not pay expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, 
must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifjring the right 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 &I  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 the recommendations.  If you fail to respond, 
your failure will constitute a waiver of the right to a board hearing. 

8.  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 in your squadron orderly room. 

9.  If  you  request a  board  and  you fail to  appear without good  cause,  your  failure to  appear 
constitutes a waiver of your right to be present at the hearing. 

10.  The discharge board or, the discharge authority will make the finding and recommendations 
required under 10 U.S.C. 2005(g). 

1 1.  Execute the attached acknowledgment and return it to me immediatelv. 

Comm&der,  22d Medical Operations Squadron 

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Attachments: 
1.  WPD 95C120317,23 Dec 95 
2.  6Photos 
3.  LOR, 28 May 96 
4.  WPD95C065274,13 Jul95 
5.  Fatkin Testimony, 8.Feb 96 
6.  Culver Testimony, 8 Feb 96 
7.  AF Form 11 68,8 Dec 95 
8.  AF Form 1168,7 Aug 95 
9.  AF Form 3070,lO Jun 96 
10.  LOR, 19 Jun 96 
I. AF Form 3545,7 Sep 94 

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13. LOR, 23 Sep 94 
-14. AF Form 1058,4 NOV 94 
15. AF Form 1058,27 Mar 95 
16.  LOR, 27 Mar 95 
17.  Phone Roster 
18.  MFR, 31 Oct 94 
19.  LOR, 31 Oct 94 
20.  Airman’s Receipt of Notification Memorandum