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BSlES “oo RORYAUCMRER — ~ “7 EXHETTS SUBMITTED TO THE BOARD” __
AUT IS AGT.LG, A67.50 1 | ORDER APPOISTISG THE BOARD
> APPLIC ATION FOR REVIEW Ur DISCHARGE
3) | LETTER OF NOTIFICATION
WEARING DATF mo EEN oO a 4 [ PRICE Gt PERSONNEL FILE
02 09 19 FID2002-0080 ” COCNSEU'S RELEASE 10 THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT LIME OF
PPRSOS AL ARETE AR ANCE
7 1 APE REC ORUING OF FE RSONAL \PET # ANCE HE. ARING

 

 

 

ARRLICANT S SUE AND THE BOARD 5 DEC SFONAL RATIONAL ARE INSU SSLD ON THE ATTACHED AIR PORCE DISCHARGE REVIEW ROARL| DECISORAL RATIONALE,

REMARKS ‘
Case heard at Washington, Dd.

The AFRDB determined the applicant's recolistment code (RE) would be changed to 3K. and that the reason for discharge
should be "Secretarial Authority”

The Board finds tbe evidence of record and that provided by the applicant substantiates an inequity or impropricty which
justifies upgrading bis discharge [rom general to honurable.

Advise applicant of the decision of the Board.

 

 

 

IIMOHESEMES Wr DATE: 02 09 19
, im: oo . , ue “ee FRO. , “ = 7" — ~ .
SAE/MIBE os SECRITARY OF THE AIR FORCL PERSONNEL COUNCIL
330 STREET WESE SLIT 40 AUR FORCE DISCHARGE REVICW BOARD
RANDAOLPEL AID. TX, 28150-4742 BRA COMMAND OR ER WING 8) FL OOK,
ANDRE ws AEB. NIT? W762 FOF
AFHQ FORM 0-2077, JAN () i  (ER-V2) , Previous edition Will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 2002-0080

GENERAL. The applicant appeals for upgrade of discharge to Honorable. change of reason for discharge.
and change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB). at Andrews AI-B. MD on
September 19. 2002.

The following additional exhibits were submitied at the hearing:

Exhibit 5: Applicant's contentions
Exhibit 6: Newspaper article

FINDINGS: The Board grants the relief requested.

Issue. The member received a general discharge for misconduct minor discrphnary infractions. The
misconduct inchided stealing a television. which was military property. adultery. and communicating
threats. Applicant states the discharge was improperly based on insufficient evidence and a failure to
conduct a proper invesngation. After a thorough and complete consideration of the information submitted
by the applicant. the applicant's compelling personal testimony, and information contained in the record,
the Board concluded there was sufficient mitigation and extenuattion to substantiate upgrade of the
discharge. to change the reason for discharge. and to change the RE code. The Board agreed there was not
cnough information in the file to substantiate the issue of adultery or cnough information lo substantiate the
issuc regarding the communication of threats. However. the Board did find the stealing of the television
was misconduct but the board did not find this to warrant the discharge that the member received.
Specifically. the Board found the characterization was too harsh. However they did not condone the
apphecant’s misconduct.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the
procedural and substantive requirements of the discharge regulation and that the improprieties in this record
require a change to his service charactenzation and re-enlistment code. The Board concludes the following
changes should be made to the applicant's records: (1) the applicant’s service charactenzation should be
changed from “General” to “Honorable”: (2) the reason for discharge should be changed from “AFI 36-
3208" to “Secretarial Authority”: and (3) that his re-enlistment code changed from “2B to "3K".

Attachment:
Examiner's Brief
FD2002-0080

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

{Former AlC} (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/05/22 UP AFI 36-3208,
para 5,49 (Misconduct - Minor Disciplinary Infractions}. Appeals for Honorable

Pisch.
Z. BACKGROUND:

a. DOB: 78/10/10. Enlmt Age: 18 1/12. Disch Age: 22 7/12. Educ:HS DIPL.
AFOT: N/A. A-S4, E-43, G-46, M-50, PAFSC: 21351 - Special Purpose Vehicle «&
Equipment Maintenance Journeyman. DAS: 00/08/29.

b. Prior Sv: {1} AFRes 96/11/22 - 97/02/12 (2 months 21 days) (Inactive).

(2) Enlisted as AB 97/02/13 for 4 yrs. Svd: 3 yrs 2 months 3
days, all AMS, AMN - 97/08/13. AlC@ - 98/06/13. SRA - 00/02/13. EPRe: 4,4,

3. SERVICE UNDER REVIEW:

a. Reenlisted aga SRA 00/04/17 for 6 yrs. Svd: 01 Yrs 01 Mo OS Das, all
AMS.

b. Grade Status: ALC - 01/04/16 (Article 15, 01/04/16)
SRA - 00/02/13
Blc - 98/06/13
AMN - 97/08/13

c. Time Lost: none,

d. Art 15's: (1) 01/04/16, Kunsan AB, Korea + Article 121. You did, on
er about 23 Feb 01, steal an ------ television,
military property, of a value of more than $100.00, the
property of the United States Armed Forces. Reduction
to AlC, (No appeal) (No mitigation)

@. Additional: LOR, 09 APR 01 - Adultery.
LOR, 09 APR G1 - Communicating threats.

£. CM: none,
g. Record of SV: 99/10/13 - 00/07/08 McGuire AFB 5 (CRO)
(Diacharqed from Kunsan AB)
h. Awards & Deca: AFAM, AFLSAR, AFTR, HSM W/1 DEV, AFOUA W/2 DEVS, AFGCM.

+

i. Stmt of Sv: TMS: (04) Yrs (06) Mos (01) Das
FD2002-0080
TAMS: (04) Yrs (03) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/18.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1. Personal Statement.

2. Wife's Personal Statement.
3. Criminal Record.
4

Copy of Military Personnel Record.

02/06/19/ia
Ppzc02- 20 0

DEPARTMENT OF THE AIR FORCE
8TH FIGHTER WING (PACAF)
APO AP 96264-2090

 

MEMORANDUM FOR 8 FW/CC ‘ 7 MAY 0)
FROM: 8 FW/JA

SUBJECT: eel Review, Administrative Discharge, . submitted responses requestin : thie
‘not be discharged, but instead, be given a chance to rehabilitate himsel fgg see

cites AF] 36-3208 para 5.27, as authority that the AFI “requires that he be afforded every
opportunity for rehabilitation.” eee is wrong. Section E, paragraph 5.27 talks about
preprocessing actions for airman subject to discharge for unsatisfactory performance. This is
generally the type of discharge for airmen who just don’t do wel] at their job, or in PME, ote aii.
ie is being discharged for minor disciplinary infractions. This falls under section H,
Misconduct of the AFI, not section E, Unsatisfactory Performance. Furthermore, paragraph 5.2.3
states “an alleged or established inadequacy in previous rehabilitative efforts does not provide a bar

to separation.” Despite © QMMMMMBR a sscrtions that discharge is not appropriate because
there has not been sufficient rehabilitation, this discharge package is legally sufficient.

    

c. Additionally, this case could have been initiated under paragraph 4.52, Commission of a
serious Offense. Paragraph 5.47.7 states that if the reason for discharge is one serious offense, the
counseling and rehabilitative requirements are not applicable. A serious offense is one in which a
punitive discharge would be authorized for the offense under the MCM. In this case, the serious

offense is theft. AF] 36-3208, para. 5.52. Theft of military properly of a value of more than $100
has a maximiuin punishment of a dishonorable discharge, forfeiture of all pay and allowances and
confinement for 10 years. (Art 121, MCM). Therefore, the theft alone warrants a discharge, There
is additional misconduct in this case which resulted in two LORs. This was the basis for initiating
discharge for minor disciplinary infractions. A discharge proceeding under minor disciplmary

infractions is legally sufficient.
Cp 2as2-CcOo DP

d. Ifyou conclude oo -manl 10 be discharged, you must also choose how to
characterize his service. @ has not met Air Force standards of acceptable conduct, The
significant negative aspects of his conduct outweigh any positive aspects of his military record.
Therefore a general discharge is appropriate in this case. Mis service 18 not otherwise 50

meritorious that an honorable discharge would be appropriate. Additionally, his conduct is not so
egregious that an under other than honorable conditions discharge is warranted.

e. pe: not recommend P&R. A court-martial coukl have resulted in a
dishonorable discharge. SMR ¢onsicerca the entire record and determined that discharge
was more appropriate. The offenses in this case ure so severe that rehabilitation is not an option,
Therefore, P&R is not appropriate in this case.

f. The discharge package is legally sufficient to support a general discharge without P&R.
The package contains no errors or regularities that adversely affect the legal sufficiency of the

discharge or matenally prejudice the rights of iin The recommended action is appropriate
for the offenses, and it is consistent with the maintenance of good order and discipline.

eB. You may:
(1) Discharges vith a general characterization with or without an offer of P&R;

{2) Recommend 7 ABCC dischare i with an honorable characterization with or
without an offer of P&R;

(3) Direct reimttiation of the discharge as a board-entitled case if you determine a UOTHC
characterizalion is warranted;

(4) Withdraw this action and direct initiation of discharge under a more appropriate
paragraph of AFI 36-3208; or

(5) Retains in the USAF.

5, RECOMMENDATION. Discharge elias iar
PER.

 

vith a general discharge without an offer of
pp.2002- 20 &>

DEPARTMENT OF THE AIR FORCE
8TH FIGHTER WING (PACAF)
APO AP 96264-2090

 

wate RNS 24 APR 2001

 

MEMORANDUM FORs
FROM: 8 TRNS/CC
SUBJECT: Notification Memorandurn

1. Tam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authonty for the action is AFPD 36-32 and AFI 36-3208, Chapter 5, paragraph
5.49, Tf my recommendation is approved, your service will be characterized as Creneral, Under
llonorable Conditions (General). | am recommending that your service be charactenved us
General,

2. My reasons for this action are:

a. You did, at or near Eunsan AB, ROK, on or about 23 Feb 01 steal an RCA Television set
that belonged to the United States Armed Forces. For this infraction you received an Article 15,

dated 11 Apr Ol. (Atch 2)

b. You, at or near Kunsan Air Base, Republic of Korea, between on or about 29 Aug 00 and
on or about 9 Apr 01 engaged in sexual relations with a woman not your spouse. Your total lack of
judgment in this type of relationship while yourself being married, is bchavior totally unacceptable
to the United States Air Force. For this infraction, you reccived a Letter of Reprimand (LOR),
dated 9 Apr O1 (Ateh 3), and an AF Form 1058/AF Form 1137 (UIF), was established. (Atch 5)

¢. You did, at or near Runsan Air Base, Republic of Sorea between on or about 29 Aug 00
and on or about 9 Apr 01 communicate two threats toll wees. The first threat was

to the effect that * ‘{ pata s pregnant you might have to hit her i in the stomach (as implied
by a hitting motion to her stomach) or push her down the stairs.” And the second threat was “if

you get me in trouble (U1 kill you.” For your unprofessional and threatening manner to another
alrman, you received a Letter of Reprimand (LOR), dated 9 Apr 01 which was placed in a UIF.
(Atch 4-5)

3. Copies of the documents to be forwarded to the scparation authority m support of this
recommendatton are aliached. The commander exercising SPCM jurisdiction or a higher authority
will decide whether you will be discharged or retained in the Air Force, and, if you are discharged,
how your service will be characterized. If you are discharged, you will be ineligible for
teenhsiment in the Air Force, and any special pay, bonus, or educational assistance funds may be

subject to recoupment.

   

ie

4. You have the right to consult counsel. Military legal counsel has been obtamed to assist you.
You should cong a Wim through the local Arca Defense Counsel, Building 301,

782-4848. You may consult civilian counsel at your own expense.

 

5. You have the nght to submit statements in your own aT py statements you want the
separation authority to consider must reach me by /¥2 0 aA, er 2001 (3 duty days),

Attaquez et Conquerez
Pp 2082-25 &68

unless you request and receive an extension for good cause shown. I will send your matters to the
separation authority.

6. If you fail to consult counscl or to submil statements in your own behalf, your fatlure will
constitute a waiver of your night to do so.

7. You have been scheduled for a medical examination, You must report to the &th Medical

Group Physical Exannnations section, Kunsan AB, ROK at ivalbjn hrs on walk -ja oo
2001. Take the attached medical clearance letter with you to the appomtment.

&. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208, 1s available for your use al the Arca Defense Counsel’s office.

  

Attachments:

1. Acknowledgment of Receipt of Notification Memorandum
2. Article 15, dated 11 Apr OL

3. Letter of Reprimand, dated 9 Apr 01

4. Letter of Reprimand, dated 9 Apr 01

5. APF Form 1058, dated 13 Apr 01