NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

PERSONAL APPEARANCE
: COUNSEL NAME OF COUNSEL AND OR ORGANIZATION
ves_[RO__|

 

MEMBERS SITTING

  

ISSUES INDEX NUMBER

A94,05 A68.00

CASE NUMBER

FD2002-0107

HEARING DATE

20 DEC 02

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER

‘ INDORSEMENT

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00 (EF-V2)

 

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE | AFSN/SSAN

AB a ee

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

VOTE OF THE BOARD
| HON GEN ote omer DENY
x
X
xX
| | jf | |
x

 

 

 

 

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

ge] Ga] bBo] mm

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

RE OF BOARD PRESIDENT

| DATE: 20 DECO2

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3®° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0107

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 is denied.

The board finds that neither evidence of record nor that provided by the applicant provides a sufficient basis
in clemency for a change of discharge.

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable.
The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting
from a Special Court-Martial conviction. Under the provisions of Section 1553, 10 USC, the only basis for
change of a Bad Conduct discharge is clemency. The Applicant presented evidence, which the DRB
opined, did not warrant granting clemency.

CONCLUSIONS: The Discharge Review Board concluded that the applicant’s punitive discharge by
Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient
basis, as an act of clemency, for change of discharge.

Attachment:
Examiner's Brief
FD2002-0107
. DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SGT)

 

1. MATTER UNDER REVIEW: Appl rec'd a BCD Disch fr USAF 94/01/12.UP AFR 39-10
(Conviction by Court Martial). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 65/08/07. Enimt Age: 20 1/12. Disch Age: 28 5/12. Educ:HS DIPL.
AFOT: N/A. -A-67, E-32, G-39, M-74. PAFSC: 2A353J - Aircraft Maintenance
Journeyman. DAS: 92/06/09.

b. Prior Sv: (1) AFRes 85/09/18 - 86/01/10 (3 months 23 days) (Inactive) .

(2) Enlisted as AB 86/01/10 for 4 yrs. Extended 88/07/05 for
4 months. Svd: 3 yrs 10 months 6 days, all AMS. AMN ~ 86/07/10. AIC -"
87/05/30. SRA - 89/01/10. APRs: 9,9,9.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 89/11/17 for 4 yrs. Svd: 04 Yrs’ 01 Mo 26 Das, of
which AMS is 4 yrs 1 month 26 days, all AMS. .

b. Grade Status: AB - 92/04/28 (SPCMO No.3, 92/04/28)
SGT - (EPR Indicates): 89/01/10-90/01/09

ce. Time Lost: 92/02/18 thru 92/04/06 (1 month 19 days).

d. Art 15's: {1) 91/11/27, Osan AB, Korea ~ Article 134. You were, on
"or about 27 Oct 91, drunk and disorderly, which conduct
was of a nature to bring discredit upon the armed.
forces. Reduction to A1C (suspended until 26 May 92),
and forfeture of $75.00 pay per month for two months
ile appeal) (No mitigation)

e. Additional: none..

f. CM: Special Court Martial Order No.3 - 92 April 28.

Ny

CHARGE I: : Article 107. Plea: Guilty. Finding: Guilty.

Specification 1: Did, on or about 27 Oct 91, with intent to.
deceive, sign an official document, to wit: Military Pay Order,
which was false in that the dependent of said --------+ had not
arrived in country.on 27 Jul 91, and was then known by said
------- to be so false. Oo

Specification 2: Did, on or about 8 Nov 91,.with intent to
FD2002-0107

deceive, sign an official document, to wit: a Travel Certification

Letter, which document was false in that said -~----- did not
incur an authorized airline expense of $460.00, and was then known
by the said ------- to he false.

CHARGE II: Article 132. Plea: Guilty. Finding: Guilty.

Specification 1: Did, on or about 14 Jul 91, by presenting a DD
Form 1561, Statement to Substantiate Payment of Family Separation
Allowance, make a false claim against the United States in the
amount of $297.00 for family separation allowance, which claim was
false and fraudulent in that the address of the dependent of said.
woe ene was not --------, and was then inLOwn by the said -------
to be so false and fraudelent.

Specification 2: pid, on or about 22 Oct 91, make a false claim
against the United States in the amount of $702.16 for travel
reimbursement. and per diem payments, which claim was false and
fraudulent in. that no travel occurred on 27 Jul 91, and no
vreimburseable taxi or per diem. expense was incurred on 27:‘Jul 91,
and was then known by the said ------- ‘to be so false and
fraudulent. Sentence adjudged on 18 Feb 92: Bad conduct
discharge, confinement for 2 months, forfeiture of $500.00 pay per.
month for six months, and reduction to AB.

g. Record of SV: 89/01/10 - 90/01/09 Davis-Monthan AFB 3 (Annual)
- 90/01/10 - 91/01/09 Davis-Monthan AFB 5 (Annual)
91/01/10 - 92/01/09 Osan AB 3 (Annual) REF

(Discharged from Scott AFB)

h. Awards & Decs: AFAM 2/1 DEV, AFOUA W/1 DEV, AFGCM, AFOSSTR, AFLSAR,
NCOPMER, AFTR.

i. Stmt of Sv: TMS: (08) Yrs (02) Mos (06) Das
TAMS: (07) Yrs (10) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/03/04.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 78 months of service with no other adverse action. Which happened
during a time in my “life while I was going through a tough divérce which
impaired my judgement. I have never been in trouble before or after my problem
in the Air Force. Even after I was court martialed and discharged from the Air |
Force I still supported my country by working for a defense contractor. Today I
work for a major airline and make a pretty good living, the reason I ask for
this upgrade is solely for myself. I believe I did an outstanding job in the
Air Force for. a major part of my career. I know I made a mistake I feel the
punishment was ‘way to extreme. I think 10 years of living with this is
sufficient. Thank you for taking the time to consider this matter and I hope
for a favorable response: —
FD2002-0107

ATCH

1. Letter of Recommendation.
2. DD Forms 214 (Member 1 & 4).

.

02/06/24/ia