PERSONAL APPEARANCE X RECORD REVIEW _]
NAME OF COUNSEL AND OR ORGANEZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ~
MEMBERS SITTING HON GEN UOTHC OTHER DENY
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ISSUES INDEX NUMBER EXTIBIS SUMMITIED TO THE BOARD. ne
A94,05 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION |
[ HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
22 AUG 02 FD2002-0126 F COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF —]
PERSONAL APPEARANCE
| TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

SRS ae = a . aa rE r 7 ee I

       

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an application to
the AFECMR,

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 ; AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR

 

ANDREWS AFB, MD 20762-7002
Previous edition will be used.

  

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0126

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 substantiates an inequity
or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant believes his discharge was inequitable because it was too harsh. The record
indicates the applicant received two Article 15’s for being absent from his unit, failure to call his supervisor,
failure to return to duty, and with intent to defraud, falsely pretended to be employed by the Secret Service
and by stating that he was a GS-15 and impersonating a commissioned officer of the Air Force. He also
received a Vacation action on one of the Article 15’s by falsely pretending to be employed by the Secret
Service. In addition, he received a Letter of Reprimand for missing 3 medical appointments. The DRB
found the seriousness of the 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. No inequity or impropriety in his discharge was suggested or found in the course of the records
review. His misconduct was a significant departure from conduct expected of all military members. The
Board concluded that the character and reason for discharge were appropriate due to his misconduct.

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 or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2002-0126
- DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 99/12/23 UP AFI 36-3208,
para 5.50.2 (Pattern of Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 76/04/14. Enlmt Age: 19 11/12. Disch Age: 23 8/12. Educ:HS DIPL.
AFQOT: N/A. A-55, E-50, G-37, M-44. PAFSC: 2T251 - Air Transportation
Journeyman. DAS: 96/10/30.

b. Prior Sv: (1) AFRes 96/04/03 - 96/05/22 (1 month 20 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 96/05/23 for 4°Yrs. Svd: 03 Yrs 07 Mo 01 Das, of which
AMS is 3 yrs 6 months 24 days (Excludes 7 days lost time).

b. Grade Status: AB - 99/11/10 (Article 15, 99/11/10)
AMN - 99/05/13 (Article 15, Vacation, 99/10/07)
Alc - 97/09/29
AMN - (EPR Indicates): 96/05/23-98/01/22

\

c. Time Lost: 7 Days. ‘
j
d. Art 15’s: (1) 99/11/10, Rhein-Main AB, Germany - Article 134. You,
did, on or about 7 Jul 99, with intent to defraud,
falsely pretend to the -------- that you were employed

by the United States Secret Service (USSS) thén knowing
that the pretenses were false, and by means thereof did
wrongfully obtain from ----- services, of a value of
about $6,000.00, to wit: an increase of your credit
limit which conduct was of a nature to bring discredit
upon the armed forces. You, did, on or about 7 Jul 99,
wrongfully and willfully impersonate an agent of the
-United States Secret: Service (USSS) hy stating to ----,
a resentative of ‘the .------- ~, that you were of the pay
grade of GS-15.-with intent to defraud ----- , and you
committed one or more acts which exercised or asserted
the authority of the office you claimed to have to get
an increase of your credit limit, which conduct was of
a nature to bring discredit upon the armed forces.

You, did, between on or about 1 May ~99 to on or about
31 May 99, wrongfully and willfully impersonate a
-commissioned officer of the Air Force by stating via
telephonic loan application to the -------- that you
FD2002-0126

_ were of the rank of a captain of the Air Force with
intent to defaud ------- , which conduct was of a nature
to bring discredit upon the armed forces. Reduction to
AB. (No appeal) (No mitigation)

(2) 99/10/04, Vacation, Rhein-Main AB, Germany - Article
134. You, did, on or about 7 Jul 99, with intent to
defraud, falsely pretend to the -------- that you were
employed by the United States Secret Service then
knowing that the pretenses were false, and by means
thereof did wrongfully obtain from ------ , of a value
of about $6,000.00, to wit: an increase of your credit
line. Reduction to Amn. (No appeal) (No mitigation)

(3) 99/05/13, Rhein-Main AB, Germany - Article 86 & 92.
You did, on or about 15 Mar 99, without authority,
absent yourself from your unit, a place of duty at
which you were required to be, and you did remain so
absent until on or about 16 Mar 99. You did, having
knowledge of a lawful order issued by SMSgt ------ on
18 Mar 99, to contact him after your 23 Mar 99 medical
appointment, an order which it was your duty to obey,
did in the Pensacola, Florida area, on.or about 23 Mar .
99, fail to obey the same by wrongfully not calling
SMSgt ------- . You did, having knowledge of a lawful
order issued by SMSgt ------- on 7 Apr 99, to return to
duty at the 626" Air Mobility Support Squadron, located
at Rhein-Main AB, Germany, aS scon as you were cleared
to fly by medical personnel, an order which it was your
duty to obey, you did in the Pensacola, Florida area,
on or about 10 Apr 99, fail to obey the same by
wrongfully not returning to Rhein-Main AB, Germany when
released by medical personnel on 9 Apr 99. You did,
having knowledge of a lawful order issued by TSgt -~----
on 13 Apr 99, to report for duty at the 626 Air
Mobility Support Squadron, located at Rhein-Main AB,
Germany, no later than 0700 hours on 15 Apr 99, an
order which it was your duty to obey, you did in the
Pensacola, Florida area, on or about 15 Apr 99, fail to
obey the same by wrongfully not reporting to work until
18 Apr 99. Reduction to Amn (suspended until 9 Nov
99), 10 days extra duty, and forfeiture of $150.00 pay
per month for two months. (No appeal)* (No mitigation)

.@. Additional: none.
£. CM: none.

g. Record of SV: 96/05/23 - 98/01/22 Rhein-Main AB 4. (Initial)
, 98/01/23 - 99/01/22 Rhein-Main AB 5 (Annual)

- (Discharged from Hurlburt Field)
FD2002-0126

h. Awards & Decs: AFTR, AFOSLTR.

i. Stmt of Sv: TMS: (03) Yrs (08) Mos (14) Das
TAMS: (03) Yrs (6) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/07.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
none.

02/07/03/ia
| FD 2002~ 0/26

7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

WILL NOT BE SUBMITTED, PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

pe ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.)

 

 

a. DOCUMENT 1:

 

b, DOCUMENT 2:

 

 

c. DOCUMENT 3:

8. ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

 

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|} PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION

| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
statement, (U.S. Code, Title 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than § years,

a. DATE /YYYYMMDD)

NAVY & MARI E CORPS AIR FORCE | COAST GUARD

Army Review Boards Agency C eS)
Support Division, St. Louis . ommandant { |
ATTN: SEMR-RBR-SL Bidg. 36 - Washington Navy Yard 550-C Street West, Suite 40 U.S. Coast Guard Headquarters

9700 Page Avenue 901 M Sueet, S.E. Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001
St. Louis, MO 63132-5200 Washington, DC 20374-5023 :

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PDp200°z2— O/2

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

07 DEC 1999
MEMORANDUM FOR 86 AW/JA

FROM: 469 ABG/JA

 

SUBJECT: Legal Review of Discharge — A

 

 
 
   
 

626 AMSS
1. [have reviewed the administrative ib action against ABA x nar ae i
on 18 Nov 99 |gjgiQieeieiinamnaniie pals elie , 626 AMSS/CC, and find it legally sufficient to

support discharge. ood
' to’submit statements. ARIA i waived his right to submit statements. 626 AMSS/CC

recommends that ABE B receive a general discharge without probation and rehabilitation.

2. BASIS FOR THE ACTION: Administrative discharge action is based on
pattern of misconduct during his enlistment. The regulatory authority for this discharge is AFI
36-3208, Administrative Separation of Airmen, Section H, paragraph 5.50.2. The worst service
characterization an individual may receive under this paragraph is under other than honorable
conditions (UOTHC). Sinc@i@ii i Saeeevas not offered a board hearing, the worst service
characterization he may receive is an under honorable conditions (general) discharge. AB
a padischarge is based upon the following:

 

   
  

being absent from his unit without authority and for disobeying a lawful order issued byfillll

cca

petihe squadron first sergeant) and another superior noncommissioned officer Sim
aingin violation of Article 86 and 92 of the UCMJ.

  

b. On 7 Oct 99, the suspended portion of the previous Nonjudicial Punishment was vacated
for intent to defraud and falsely pretending to the United Services Automobile Association

(USAA) that he was employed by the United States Secret Service (USSS) to wrongfully
increase his credit limit in violation of Article 134 of the UCMJ.

c. On 10 Nov 99, he was given Nonjudicial Punishment under Article 15 of the UCMJ for
intent to defraud and falsely pretending to USAA that he was employed by the USSS to
wrongfully increase his credit limit, for wrongfully and willfully impersonating an agent of the
USSS in the pay grade of a GS-15 to increase his credit limit, and wrongfully and willfully
impersonating a commissioned officer in the rank of captain of the United States Air Force with
intent to defraud USAA in violation of Article 134 of the UCMI.

 

d. On 4 Nov 99, he received a letter of reprimand frome
separate medical appointments in violation of Article 86 of the UCMI,

3. MATTERS SUBMITTED BY THE RESPONDENT: After conferring with the Area Defense
Counsel on 18 Nov 99, the respondent waived his right to submit statements in his behalf.
Fp B2OOR-O [22

4. DISCUSSION: The respondent’s commander has recommended that the respondent be
separated from the United States Air Force with a general discharge under AFI 36-3208,
paragraph 5.50.2, Under this paragraph, airmen who engage in misconduct consisting of conduct
prejudicial to good order and discipline are subject to discharge. In this case, the respondent’s
several incidents of misconduct in his current enlistment meet the necessary requirements of this
paragraph. Discharge is appropriate in this case.

5. OTHER MATTERS: I note that before the respondent can be discharged, he must be found
medically qualified for worldwide duty in accordance with AFI 36-3208, paragraph 6.3. AFI 36-
3208, paragraph 6.16, instructs that processing should not be delayed to wait for the medical
report. The convening authority may authorize the discharge, but it will not be executed until the
medical report is complete.

6. CHARACTERIZATION OF SERVICE: Characterization of service should be based on the
quality of the member’s service in the current enlistment. The respondent has 3 1/2 years of
military service. His current enlistment began on 30 May 96 for a term of 4 years. The
respondent has received two EPRs in the current enlistment, one EPR with a promotion
recommendation of 5 and one EPR with a promotion recommendation of 4. The service of an
airman discharged for misconduct can be characterized as honorable, general, or UOTHC. The
respondent’s acts of misconduct in the current enlistment cited as the basis for discharge
constitute significant negative aspects of his service. The respondent’s commander recommends
a general discharge based on that misconduct. | agree. A general discharge is appropriate
because significant negative aspects of A B¥§MiMEEEY conduct outweigh any positive aspects of
his military record.

  
  

7. PROBATION AND REHABILITATION: Under the provisions of AFI. 36-3208, Chapter 7,
the member is entitled to have probation and rehabilitation (P&R) considered by the discharge
authority. P&R includes ordering a discharge and then suspending it until the member has
successfully completed a period of P&R. The respondent’s commander does not recommend
P&R because prior rehabilitative measures have not helped. The respondent has received
rehabilitative measures to include two instances of nonjudicial punishment, creation of an UIF,
vacation of suspended nonjudicial punishment, and a LOR. These have failed to alter his
behavior. The commander feels further rehabilitative measures are not warranted. I concur.

8. ACTIONS WHICH MAY BE TAKEN: As the Special Court-Martial Convening Authority,
you have the following options:

a. Direct that the respondent be retained in the United States Air Force; or,

b. Direct that the respondent be separated from the United States Air Force with a general
discharge, with or without P&R.

c. Forward the case file to 3 AF/CC, recommending that the respondent be separated from the
United States Air Force with an honorable discharge, with or without P&R;

d. Return the case file to the-unit for processing as an administrative discharge board case.
This would permit a service characterization of UOTHC.
PD2602- © 7/26

9. RECOMMENDATION; Direct that the respondent be separated from the United States Air
Force with a general discharge, without P&R, by signing at Attachment 1.

 
    
 

Maptain, USAF
ge Advocate

Assistant Staff Jud

onconcur

 
 
   

meMajor, USAF

Staff Judge Advocate

Attachments:

1. Proposed Memo for 86 AW/CC
2. Discharge Package

Ist Ind, 86 AW/JA
MEMORANDUM FOR 86 AW/CC

I concur with the above recommendation...

    

udge Advocate

L heave revicwed this Kege | pevlev, ond

»

heveby adopt rts con beats as my Ow Nn.
PD290Z-0 /Z'e

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

  

MEMORANDUM FOR ABS ity 626 AMSS 1B Nov

FROM: 626 AMSS/CC

SUBJECT: Notification Letter

1. [am recommending your discharge from the United States Air Force for a pattern of
misconduct, conduct prejudicial to good order and discipline according to AFPD 36-32 and AFI
36-3208, under the provisions of Section H, paragraph 5.50.2. If my recommendation is
approved, your service will be characterized with either an honorable or under honorable
conditions (general) discharge. I am recommending that your service by characterized with an
under honorable conditions (general) discharge.

2. My reasons for this action are:

a. On 13 May 99 you were given Nonjudicial Punishment under Article 15 of the UCMJ for
being absent from your unit without authority and for disobeying a lawful order issued by, [Set

(the squadron first sergeant) and another superior noncommissioned officer il
n violation of Article 86 and 92 of the UCMJ.

 
   

   
 

b. On 7 Oct 99 you received a vacation of suspended Nonjudicial Punishment (AF 366) for
intent to defraud and falsely pretending to the United Services Automobile Association (USAA)

that you were employed by the United States Secret Service (USSS) to wrongfully increase your
credit limit in violation of Article 134 of the UCMJ.

c. On 10 Nov 99 you were given Nonjudicial Punishment under Article 15 of the UCM] for
intent to defraud and falsely pretending to USAA that you were employed by the USSS to
wrongfully increase your credit limit, for wrongfully and willfully impersonating an agent of the
USSS in the pay grade of a GS-15 to increase your credit limit, and for wrongfully and willfully
impersonating a commissioned officer in the rank of captain of the United States Air Force with
intent to defraud USAA in violation of Article 134 of the UCMJ.

  

d. On4 Nov 99 you received a letter of reprimand from iG for missing three

separate medical appointments in violation of Article 86 of the UCM.
FD2Z02-OC/2@

3. Copies of the documents to support this recommendation are attached and will be forwarded
to the separation authority. The commander exercising Special Court-Martial 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 United States Air Force and will probably be denied enlistment
in any component of the armed forces. Additionally, any special pay, bonus, or education
assistance funds you have received may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made a telephonic appointment for you to consult Captain Alig A ra Defense Counsel,
telephone number 480-2182, at 1000 hours on 18 November 1999. You may consult civilian
counsel at your own expense. Civilian counsel, if employed, must be readily available.

5. You have the nght to submit statements in your own behalf. Any statement you want the
separation authority to consider must reach me by 24 Nov 1999 unless you request and
receive an extension for good cause shown. | will send them to the separation authority.

6. If you fail to consult counsel or submit statements in your own behalf, your failure will
constitue a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the 469" Medical
Group, Physical Exam Section, at 0745 hours on 19 Nov 99. An additional examination will be
scheduled if necessary.

8. Any personal information you furnish is covered by the Privacy Act of 1974. A copy of AFI
36-3208 is available for your use in the unit orderly room.

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

   

ee ae Colonel; USAF
Commander, 626 AMSS

Attachments:

1. Supporting Documents
a. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dtd 4 May 99
b. AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial
Punishment, dtd 4 Oct 99
c, AF Form 3070, Record of Nonjudicial Punishment Proceedings, dtd 25 Oct 99
d. Letter of Reprimand, dated 3 Nov 99
e. AF Form 1127, Unfavorable Information File Summary

2. Airman’s Acknowledgment