a
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
"| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPEGEN |X | PERSONAL APPEARANCE RECORD REVIEW
ee hee : eq NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
= = =
MEMBER SITTING HON GEN | voTHc | OTHER | DENY
} x
| |x
Xx
x
ISSUES A941 1 INDEX NUMBER A67.1 0 a
A94,05 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3. | LETTER OF NOTIFICATION .
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITION ITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
14 Apr 2004 FD-2002-0091
Case heard at Washington, D.C.
Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

Pd

SIGNATURE OF
fF Be LZ
& Ne
To: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WESTAUITE 40 Ads CORBELND AE EE WINE EBT CODR
RANDOLPH AFB, 78150-4742 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 FD-2002-0091

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

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Dobbins AFB, Georgia, in November, 2002, but did not respond to formal notification of the hearing date
and failed to appear without requesting a postponement. The applicant was again scheduled for a personal
appearance before the DRB at Fort Gillem, Georgia, in April 2004, but again failed to respond to formal
notification of the hearing date and did not request a postponement.

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

FINDINGS: Upgrade of discharge is denied.

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

Issue. Applicant contends he was singled out, disciplined and discharged due to personality conflicts with
his chain of command. The records indicated the applicant was discharged for minor disciplinary infractions
after an earlier suspended discharge with probation and rehabilitation was vacated due to additional
misconduct. The original basts for the suspended discharge was no longer in the record and therefore
unavailable for review. However the basis for vacating the suspended discharge was member’s co-
habitation with a woman not his wife, allowing the woman to reside in his on-base quarters contrary to base
housing regulations, and receiving variable housing allowance he wasn’t entitled to. The record further
reflected that member had received two Articles 15 for misconduct that consisted of assault, being drunk and
disorderly, and making a false official statement. Additionally, applicant’s last two Enlisted Performance
Reports were rated an overall referral “3” and referral “2” and documented his poor off-duty conduct. At the
time of the discharge, applicant consulted counsel and submitted a statement explaining the mitigating and.
extenuating circumstances of each new offense of which he was accused, and requesting his period of
probation and rehabilitation be allowed to continue. The DRB was unable to find merit in applicant’s claims
of unfair bias against him, and opined that through the unit’s extensive administrative actions, the applicant
had ample opportunities to change his negative behavior. The Board concluded the misconduct was a

significant departure from conduct expected of all military members and the characterization of the
discharge received by the applicant was appropriate.

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
FD2002-0091
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_— (Former SRA) (HGH SSGT)

pee

1, MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 96/02/23 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 62/06/15. Enlmt Age: 18 10/12. Disch Age: 33 8/12. Educ:HS DIPL.
AFOT: N/A. A-29, E-78, G-76, M-87. PAFSC: 2W051 - Munitions Systems
Journeyman. DAS: 92/02/18.

b. Prior Sv: (1) AFRes 91/04/23 - 81/10/25 (6 months 3 days) (Inactive).

(2) Enlisted as AB 81/10/26 for 4 yrs. Reenlisted as SRA
85/10/25 for 4 yrs. Extended 86/07/19 for 26 months. Svd: 9 yrs 9 months 21
days, all AMS. AMN - 82/04/26. Al1C - 82/10/26. SRA/SGT - (LOE Indicates):
86/04/30-96/07/20. SSGT - {APR Indicates): 88/03/03-88/10/01. APRs:
9,9,9,9,9,9,9,9,9. EBEPRs: 4.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SSGT 91/02/14 for 6 yrs. Svd: 05 Yrs 00 Mo 09 Das, all
AMS.

b. Grade Status: SRA - 95/02/06 {Article 15, 95/02/06)
c. Time Lost: none.

d. Art 15’s: ({1) 95/02/06, Eielson AFB, AK - Article 107. You, did, on
or about 30 Sep 94, with intent to deceive, sign an
official record, to wit: Military Pay Order, which
statement of the departure date of your dependents, ---
---- and ------ , was totally false, and was then known
by you to be so false. Reduction to SRA.
{(Appeal/Denied} (No mitiagation)

(2) 91/10/01, Anderson AFB, AK - Article 128. You did, on

or about 16 Sep $1, unlawfully strike ----- in the
chest with your fist and unlawfully bite ----~-- on the
arm with your teeth. Article 134. You were, on or

about 16 Sep 91, drunk and disorderly. Reduction to
SRA (mitigated to forfeiture of $50.00 pay 09 Jan 92).
Forfeiture of $325.00 pay per month for 2 months
{suspended until 01 Oct 91). (No appeal)

e. Additional: (1) - Cohabiting with a woman not his wife.
FD2002-0091

{2) - Allowing a woman not his wife to live in his
quarters.
(3) - Receiving VHA for which he was not entitled.

£. CM: none.

gq. Record of SV: 90/04/15 ~ 91/04/14 Anderson AFB 5 (Annual)
91/04/15 — 92/04/14 Anderson AFB 3 (Annual)
92/04/15 - 92/10/07 Anderson AFB 4 (CRO)
92/10/08 - 93/10/07 Eielson AFB 4 (Annual)
93/10/08 - 94/10/07 Eielson AFB 5 {Annual)
94/10/08 — 95/09/09 Eielson AFB 3 (Cmdr Dir) REF
95/09/10 - 96/01/10 Eielson AFB 2 (Cmdr Dir) REF

(Discharged from Eielson AFB)

h. Awards & Decs: AFAM W/3 DEVS, AFCM W/1 DEV, AFLSAR W/2 DEVS, AFTR
AFOSSTR W/3 DEVS, AFOSLTR, NDSM, SAEMR, NCOPMER W/1 DEV, AFOUA W/2 DEVS, AFGCM
W/3 DEVS.

i. Stmt cf Sv: TMS: (14) Yrs (10} Mos (01) Das
TAMS: (14) Yrs (03} Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/25,
' (Change Discharge to Honorable)

Issue 1: I feel that I was unduly jetisoned do to bad feelings and
personality conflicts between my command over me. I was doing my part to write
the ship (myself) and was unfairly treated by my command and forced cut using
old and dredged up issues.

ATCH
L. VA Form 21-22.

02/06/12/ia
Fr2062~ 00 F/

DEPARTMENT OF THE AiR FORCE

PACIFIC AIR FORCES

 

FEB 1 4 1996
MEMORANDUM FOR 354 FW/CC

FROM: 354 MXS/CC
1347 Loop Circle Ste 153
Eielson AFB AK 99702-2795

SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge Action

St) SS pmD (PAC AF)

1. IT have reviewed the vacation of suspension of discharge package of SrA (RR 4
RM 2nd find that it is legally sufficient to support the proposed action. [ concur with
the recommendation of the unit commander that SrA @QQQMMBeeneral discharge based on

Misconduct - Minor Disciplinary Infractions, AFPD 36-32 and AFI 36-3208, paragraph 5.49, be
executed.

 
 

2. The following incidents form the basis for this action:

a. Between on or about 18 Aug 95 and on or about 17 Nov 95, SrA SR was
cohabiting with QM a woman not his wife. This conduct was of a nature to bring
discredit upon the Air Force.

b. Between on or about 15 Sep 95 and on or about 17 Nov 95, SrA @@@Mallowed
GMs (0 live in his quarters at QM Street, Eielson Air Force Base, Alaska.

This was in direct violation of family housing policies that require permission of the base
commander for guests to stay for over thirty days. These policies were briefed to him prior to
housing assignment.

c. Between on or about 18 Aug 95 and on or about 14 Sep 95, SrAQQMe cceived
$90.80 in VHA for which he was not entitled. During this time period, he had been rent sharing

with SQQRAMPMa nd not entitled to that portion of VHA.

3. All procedures required by AFPD 36-32 and AFI 36-3208 have been properly complied with,
and the case has been appropriately processed. SrA Qs entitled to and has conferred with
legal counsel, He has elected to submit a statement for your consideration. His statement is
attached to this package.
Ep2cck~O® 4]

4. You, as special court-martial convening authority, are the separation authority for this action.
You may:

a. Approve the recommendation and direct execution of the general discharge.

b. Recommend that the respondent be separated with an honorable and forward the case
to the general court-martial convening authority (11 AF/CC) or his designee (11 AF/CV) for
action.

c. Disapprove the recommendation and direct that the P&R period be continued.

5. RECOMMENDATION: I recommend you execute the approved discharge separating the
respondent with a general discharge. STAC continued presence in the Air Force is not
consistent with the interest of the Air Force in maintating proper discipline, good order,

leadership, and morale. SrA Siti: given ample opportunity to rehabilitate himself but
failed to do so. I believe the Air Force’s best interest is to execute SrA SR ischarge

without delay. I agree with the recommendation of the initiating commander that SrA abe
separated with a general discharge.

   

Chief, Military Justice

I concur.

  

Deputy Staff Judge Advocate

Attachment:
Discharge Package -SrA QE,
Ep 200 2~ 207

DEPARTMENT OF THE AIR FORCE.
PACIFIC AIR FORCES

 

MEMORANDUM FOR SRA

FROM: 354 MXS/CC
1347 Loop Circle Ste 153
Eielson AFB AK 99702-2795

SUBJECT: Notification Letter-- Vacation of Suspension of Discharge

1. Tam recommending your suspended discharge from the United States Air Force for Minor
Disciplinary Infractions according to AFPD 36-32 and AFI 36-3208, under the provisions of
paragraph 5.49, be vacated and that your approved discharge be executed, under the provisions of
paragraph 7.12. Copies of the documents to be forwarded to the separation authority to support

this recommendation are attached.

2. My reasons for this action are:

a. Between on or about 18 Aug 95 and on or about 17 Nov 95, you, a married man, were

cohabiting with tiie. a woman not your wife. This conduct was of a nature to bring
discredit upon the Air Force.

b. Between on or about 15 Sep 95 and on or about 17 Nov 95, you allowed qualia
- MARBBEHO live in your quarters at GREP ect, Eiclson Air Force Base, Alaska. This was

in direct violation of family housing policies that require permission of the base commander for
guests to stay for over thirty days. These policies were briefed prior to housing assignment.

. c. Between on or about 18 Aug 95 and on or about 14 Sep 95, you received $90.80 in
_ VHA for which you were not entitled. During this time period, you had been rent sharing with

“CER and not entitled to that portion of VHA.

3. This action could result in your separation with a general 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.
FDROOR-OO Ff

4. You have the right to:
a. Consult legal counsel.
b. Submit statements in your own behalf.

c. Waive the above nights. You must consult legal counsel before making a decision to waive
any of your rights.

5. You have/have-not been scheduled for a medical examination. You must report to Physical
Examination Section, 354th Medical Group, Building 3349, at OT3D_on_/¢ Jad 9b

 

6. Military legal counsel (Captain (quis Arca Defense Counsel, Building 3112,
Room 155, Eielson AFB, Alaska, Duty Phone $M has been obtained to assist you. An
appointment has béen scheduled for you to consult him on at

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 AFI 51-201. 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 counsel. Civilian counsel, if employed, must be
readily available.

 

7. Confer with your counsel and reply, within 7 workdays, with a rebuttal or a waiver of the
right to rebut. The statement must be signed in the presence of your counsel who also will sign
it: 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 your rights.

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 orderly room.

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

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