og.) | AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

ty NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
Een AB | alanine.
TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW
LEANER 2] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

MEMBERS SITTING HON GEN Wornc OTHER DENY
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ISSUES INDEX NUMBER

     
 

 

 

A94,05, A92,37, A94,53 A67.30
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

02-10-29 FD2002-0156

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

Case heard at Washington, D.C,

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

   

SIGNATORY OF RECORDER tal ililoail i SIGNATURE OF BOARD PRESIDENT

 
  

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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
AFHQ FORM 0-2077, JAN 00 (EF-V2) . Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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 or that provided by the applicant substantiates an
impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for misconduct, commission of a serious offense. Member was tried at
General Court Martial for writing 16 bad checks totaling $8,930.00 to the 18" Services Squadron at Kadena
AB, Japan. He pled guilty to and was found guilty of the charges. Applicant infers the discharge was
inequitable because it was too harsh because it was so close to his normal expiration of term of service.
Although not used as a basis for discharge, the record also reflects member was in two motor vehicle
accidents, was driving recklessly with excessive speed on two occasions, left the scene of an accident, failed
to maintain his motor vehicle insurance, had his driver’s license suspended three times, and ultimately
revoked for 6 months. Member also had an Enlisted Performance Report rated an overall referral “2” that
referenced conduct prejudicial to good order and discipline, lack of personal and professional initiative, and
a fitness test failure. The Board concluded member’s misconduct that resulted in his court martial
conviction was an extremely significant departure from conduct expected of all military members, and not
compatible with Air Force standards. The Board could find no inequity or impropriety on which to suggest
a basis to upgrade the discharge.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. While
the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of
equity or propriety that warrants an upgrade.

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
FD2002-0156

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

ee (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 02/03/05 UP AFI 36-3208,
para 5.52.3 (Misconduct -~ Commission of a Serious Offense). Appeals for
Honorable Disch.

 

2. BACKGROUND:

a. DOB: 79/11/21. Enlmt Age: 17 8/12. Disch Age: 22 3/12. Educ: HS DIPL.
AFOT: N/A. A-79, E-65, G-57, M-46. PAFSC: 1C131 - Air Traffic Control

Apprentice. DAS: 99/03/23.

b. Prior Sv: (1) AFRes 97/08/12 - 98/07/28 (11 Mos 17 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/07/29 for 4 yrs. Svd: 3 Yrs 7 Mo 7 Das, all AMS.

b. Grade Status: AB - 01/04/11 (GCMO #3, 01/10/19)
Alc - 99/11/29
AMN - 99/01/29

c. Time Lost: None.
d. Art 15’s: None.
e. Additional: None.
£. CM: General Court Martial No.3 - 2001 October 19
CHARGE: Article 123a. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Kadena AB, Okinawa, Japan, on
Divers occasions between on or about 10 Aug 00 and on or about
29 Sep 00, with intent to defraud and for the procurement of
lawful currency, wrongfully and unlawfully draw upon -----~----
Credit Union and utter to 18™ Services Squadron, sixteen drafts,
of a total amount of $8,930.00, then knowing that he did not or
would not have sufficient funds in or credit with said credit
union for the payment of said drafts in full upon their
presentment. Sentence adjudged by military judge on 11 Apr Ol:
Confinement for 6 months, reduction to AB.

g. Record of SV: 98/07/29 - 00/03/28 Kadena AB 4 (Initial)
00/03/29 ~ 01/02/22 Kadena AB 2 (CRO) REF
FD2002-0156

(Discharged from Robins AFB)
h. Awards & Decs: AFTR, AFOSLTR, AFOUA.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (24) Das
TAMS: (3) Yrs (7) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/01.
(Change Discharge to Honorable)

Issue: My name is ~------ - On April 11 2001 I was court-martialed at
Kadena AB during a general court martial. I was court martialed for writing bad
’ checks. As previously stated I know that this was and I should have never done
this. During my court martial I was awarded 6 months confinement but no
discharge. I was released from confinement on Sep 10 2001. At that time it was
up in the air as to what would happen to me. So I did details and whatever else
was told to me to the best of my abilities for the mission. I even worked six
days a week my last 4 months there. Due to a mixup in paperwork at the time of
release, I had to wait for my paperwork to be reprocessed. This took a little
over 5 months. During this time no one ever said what was being planned for me.
On the 14 of February 2002 I was told I was (sic) be discharge under honorable
conditions. I asked to have my discharge be honorable since I was close to my
ETS and I wanted my G.I. Bill. I am requesting my discharge be upgraded to
honorable so that I can get my G.I. Bill. Thank you for your time.

ATCH
None

02/07/23/er
FD 2202Z- 0/S&

DEPARTMENT OF THE AIR FOKWCE
PACIFIC AIR FORCES

 

12 FEB 2002

MEMORANDUM FOR 18 WG/CC

FROM: 18 WG/JA

SUBJECT: Legal Review - Administrative Discharge - ABQQAMMNMMIRGIO?, FR YSIRENREOS:

18 OSS (PACAP), Kadena AB, Japan

1. BASIS: Lt Col *XQQQRRRMINRM, 18 OSS/CC, initiated this administrative discharge action
against AB agg for Commission of a Serious Offense — Other Serious Offenses.
The authority for this recommendation is AFPD 36-32 and AFI 36-3208, paragraph 5.52.3. The
initiating commander has recommended an under honorable conditions (general) discharge
without probation and rehabilitation.

2. GOVERNMENT'S EVIDENCE: On 9 Apr 01, AB 4 pled and was found guilty ina
General Court-Martial by a judge alone, for making, drawing or uttering check, draft, or order
without sufficient funds, in violation of Article 123a, UCMJ. The specifications and the sentence
adjudged are briefly described as follows:

 

a. Between on or about 10 Aug 00 and on or about 29 Sep 00, on divers occasions, at or near
Kadena Air Base, Okinawa, Japan, AB Pedi, with intent to defraud and for the procurement
of lawful currency, wrongfully and unlawfully draw upon Pentagon Federal Credit Union and
utter to 18" Services Squadron, sixteen drafts, of a total amount of about $8,930.00, then
knowing that he did not or would not have sufficient funds in or credit with said credit union for
the payment of said drafts in full upon their presentment. As a result, on or about 11 Apr 01,

AB GM pled and was found guilty by a General Court-Martial. (Tab 1-1).

b. AB WRI sentence, adjudged by military judge alone on 11 Apr 01, was reduction from
the grade of Airman First Class (E-3) to the grade of Airman Basic (E-1) and confinement for 6
months (Tab 1-1).

*

3. RESPONDENT'S EVIDENCE:

a, The respondent, a 21 year-old airman, originally enlisted on 29 Jul 98. His AQE scores are:
A-79, E-65, G-57, and M-46. This airman has received two (2) Enlisted Performance Reports
(EPRs). He received an overall rating of two (2) in his latest EPR dated 22 Feb 01. The airman
is entitled to wear the medals, awards, and ribbons outlined in the commander's recommendation.

b. The respondent consulted military defense counsel and has elected to submit a statement in
response to this discharge action (Tab 3). In his written statement, AB aga@i¥requests that he not
be discharged from the Air Force or if he is discharged, then he asks that he receive an honorable
discharge. He states he is still very young and has used poor judgment in adapting to Air Force
standards. He feels ashamed and apologizes for his actions. AB 4M also asserts that he has
e=FD 2cr0o2- O4 Se

become a much better person since serving time in confinement. If given another chance, he
could prove himself to be a great asset to the Air Force.

4. ERRORS OR IRREGULARITIES: None.
5. DISCUSSION:

a. AFI 36-3208, paragraph 5.52.3, authorizes the involuntary separation of airmen who engage
in a Commission of a Serious Offense — Other Serious Offenses if the Manual for Courts-Martial
(MCM) authorizes a punitive discharge for the same or a closely related offense. AB QRYPwas
found guilty by a General Court-Martial under Article 123a for intentionally writing worthless
checks. A punitive discharge is authorized under the MCM for this offense. Therefore, _
discharge under this provision is lawful and warranted.

b. According to AFI 36-3208, paragraph 1.21.3, AB RMibecannot receive an under other than
honorable conditions (UOTHC) characterization when the sole basis for discharge is a serious
offense that resulted in a conviction by a court-martial that did not result in a punitive discharge
unless the UOTHC is approved by the Secretary of the Air Force. However, AB Mie can
receive a under honorable conditions (general) when significant negative aspects of an airman’s
conduct or performance of duty outweigh the positive aspects of his military record. AB Pg
knowing that he lacked sufficient funds in his account, wrote $8,930.00 in worthless checks.

His conduct is equivalent to stealing. His serious misconduct overshadows any identifiable
positive aspects of his military record. Accordingly, characterization of AB B service as
under honorable conditions (general) is appropriate.

c. I concur with Lt Col @@@# that probation and rehabilitation (P&R) is not appropriate for
AB According to AFI 36-3208, paragraph 7.2.3, favorable consideration for P&R is
premised on the member’s potential for rehabilitation and further useful military service. AB

MBM exhibits little potential for rehabilitation given the serious nature of his misconduct and his

unacceptable duty performance (See Tab 6). His continued presence in the military would
undermine unit cohesiveness and hinder mission accomplishment. Probation and rehabilitation

is therefore not a reasonable option.
6. OPTIONS: As special court-martial convening authority, you may:
a. Retain ABQ, if you consider discharge unwarranted;

b. Recommend that 5 AF/CC direct an honorable discharge with or without probation and
rehabilitation; or

c. Direct an under honorable conditions (general) discharge with or without probation and
rehabilitation.

d. Direct reinitiation of the package if you believe an under other than honorable conditions
service characterization based on misconduct is warranted.
o fo 200 2- O/ SO

7. RECOMMENDATION: I recommend that you direct an under honorable conditions
(general) discharge without probation and rehabilitation by signing the attached memorandum.