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Veins

1
TYPE

   

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

—

GRADE AFSN/SSAN

SSGT

ha asm |

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

 

 

Pa ar 7

 
 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER

A72.00

ISSUES

A92.37, A94.11, A94,05

    

  

‘ERG Ps SUBSITED 10 THE BOARD
ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

CASE NUMBER

FD2002-0162

HEARING DATE

02-09-17

 

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

ai

-
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

  

REMARKS

Case heard at Washington, D.C,

submit an application to the AFBCMR.

SIGNATURE OF RI

  

  

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

 
 

 

 

ATURE OF BOARD PRESIDENT re

 

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

 

L.

AFHQ FORM 0-2077, JAN 00

 

 
 

(EF-V2)

   

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 | ppo002-0162

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 received an Under Other Than Honorable Conditions (VOTHC) discharge pursuant to his
request to be discharged in lieu of trial by court martial for one count of violating a lawful general order by
having an intimate personal relationship with an applicant while he was recruiter, wrongfully dating said
applicant, wrongfully releasing applicant information to a person outside the Department of Defense,
signing a false official statement given to the county magistrate office for the purpose of deceiving, and
making a false official statement to his commander regarding misuse of his government vehicle. Applicant
contends the discharge was inequitable because it was too harsh compared to other military members who
committed similar or more serious offenses but were allowed to remain in the military service. He states he
expected to receive only an Article 15 and be sent back to his primary career field, and thought was made
an example of by the referral of court martial charges. The Board concluded member’s misconduct was an
extremely significant departure from conduct expected of all military members, and included several
offenses involving an abuse of his position as a recruiter. The Board further notes that voluntarily applicant
submitted his request for discharge in lieu of trial by court martial and acknowledged in doing so his
characterization of service could be deemed under other than honorable conditions. Furthermore, in
accordance with the discharge regulations, airmen discharged under these circumstances usually do have
their service characterized as UOTHC. Therefore the Board found applicant’s issues without merit.

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
FD2002-0162
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

— (Former SSGT) (HGH SSGT) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a UOTHC Disch fr USAF 97/04/17 UP AFI 36-
3208, para 4.3(Discharge in Lieu of Trial by Court-Martial). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 68/04/01. Enlmt Age: 18 3/12. Disch Age: 29 0/12. Educ: HS DIPL.
AFOT: N/A. A-48, E-74, G-70, M-94. PAFSC: 3P051 - Security Journeyman.
DAS: 95/10/15.

b. Prior Sv: (1) AFRes 86/07/18 - 87/04/05 (8 Mos 18 Days) (Inactive).

(2) Enlisted as AB 87/04/06 for 6 yrs. Svd: S Yrs 4 Mos 0
Days, all AMS. AIC - 87/05/20. SRA - 89/09/08. APRs: 9,9. EPRs: 5,5,4,5,

3. SERVICE UNDER REVIEW:
a. Reenld as SRA 92/08/28 for 6 yrs. Svd: 4 Yrs 7 Mo 20 Das, all AMS.

b. Grade Status: SSGT - 93/06/01.

c. Time Lost: None.
d. Art 15’s: None.
e. Additional: None.

£. CM: None.

g. Record of SV: 92/05/02 - 93/05/24 Grand Forks AFB 5 (Annual)
93/05/25 - 94/05/02 Fairmont WV 5 (CRO)
94/05/03 - 95/05/02 Fairmont WV 5 (Annual)
95/05/03 - 96/05/02 Fairmont WV 5 (Annual)

(Discharged from Wright Patterson AFB)

h. Awards & Decs: AFCM (10LC), AFLSW (1OLC), AFPTR, AFOLTR, NDSM, SAEMR,
NCOPMER, AFOUA (1OLC), AFGCM (20LC).

i. Stmt of Sv: TMS: (9) Yrs (9) Mos (0) Das
TAMS: (10) Yrs (0) Mos (12) Das
FD2002-0162

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

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant’s Issues.
2. DD Form 214

02/07/31/cer
FO AA02~ O62

April 5, 2002

Dear Sir or Mam

My name is SRR T spent 10 years in the Air Force and loved
every minute of it. I was a career oriented person and I made the Air Force

my life. I spent 6 % years as a Security Specialist then I got into Recruiting
where I spent 3 % years. Recruiting is a career that was not for everyone
and it was definitely not for me. Upon completion of my tour, I intended to
return to my primary career field. This was not a secret any time I was
asked what my intentions towards Recruiting were I gave an honest reply.
Recruiting takes a lot of time and effort to be good at it and for me it took
extra because I struggled with it at first. I overcame my problems and
became a very good Recruiter. While in Recruiting | also went through
some hard times. My marriage began falling apart. My mother was
diagnosed with lung cancer and died. My Aunt was diagnosed with liver
cancer and died. All of this transpired over years time period. I then made a
terrible mistake; I wanted out of my marriage because I was very unhappy. I
had a young lady that had stopped into my office and was talking with my
office partner about the Air Force. She then started talking with me about
personal things. This young lady started coming in on a daily basis chatting
with me. Then one weekend while at my father’s house I got a phone call
from her asking me to go to a Birthday party at her house. I did and things
quickly developed between her and I. Shortly afterwards we moved in
together. She was fully aware that I was married and working on getting
divorced. After being together for a couple of months I started to realize that
J was being used. She had no job, so I was paying for everything. I bought
her a dog from pet store that cost me $1,200.00. Then people started looking
for her over bounced checks to include the police. I paid out over$1,500.00
to help keep her out of jail. After that we split up and she left. I then learned
that I had a $300.00 phone bill that she had ran up. She had moved in with
her parents and I attempted to contact her there because I wanted
reimbursed. I had involved her mother, which created problems for her
there at home making her mad.

She contacted my supervisor Sq and informed him
of our relationship and he instructed her on how to go about reporting me.
After being reported an investigating officer was sent to question me. I fully
admitted what I had done to him. I was then pulled from my office in
Bridgeport, WV and made to drive to our Squadron in Cannonsburg, PA.
FOZ 2-0/6 2-

This was 130 miles round trip every day. This started in October 1996. My
duty uniform went from Service Dress to BDU’s. I was then put to work on
display in our Squadron doing trivial stuff, cleaning the warehouse,
transporting furniture, transporting vehicles, helping move offices and doing
thousands of mail out’s (stuffing and addressing envelopes), 1 did this for
about six months while they were completing their investigation and
deciding what to do with me. During this time period I remained
professional and did what was expected of me. J also became curious as to
what my out come would be so I started looking into it. I had been advised
to get a copy of the last Recruiter Impropriety Report. This report was and
unofficial report done up by Headquarters Recruiting stating what recruiters
from the previous year had done and what their punishment was. This report
was a negative type of motivation that was addressed to us during our
Squadron Annual Awards Banquet. I did and by looking at it J, expected to
get an Article 15 and be sent back to my primary career field. During my
investigation in the media there was a female Captain in North Dakota being
brought up on Adultery Charges and there were Army Basic Training
Instructors being charged With Misconduct. This investigation drug on for
months. I was then approached by a friend mean who advise me
that “I was going to be made an example of’. My Commander gia
@Gie did just that, he decided to court-martial me. Rather than be court-
martialed, I was advised of a Chapter 4 release. I gladly applied and
received the release however it was under Other Than Honorable
Conditions. a
Shortly after getting out my. old office partner eae - mati saw
me and informed me that iq , CRIN from the
Health Professions side, Ce a career recruiter. ) had

gotten in the same type of trouble for getting involved with one of his nurse
recruits, <—eivabie ave seer ar Article 15. He lost his

line number for MSgt and was sent back to his old career field.

   

1 know what I did was wrong and I admitted what I did and I expected to be
disciplined for it, but I did not believe it would be so harsh. Up until that
point of my career I had never been in trouble and even in recruiting I had
never been in trouble. I had never received even a letter of concealing. In 10
years of service J had one bad EPR it was a 4. The rest were all 9 APR’s and
5 EPR’s. Even in recruiting I received 5’s. If you read my 214 until you get
to the discharge block it looks exemplary. J thought the Military Justice
System was supposed to be fair and that the punishment was to fit the crime.
I believe J was punished for about six months and then sentenced. If I was
Pip ZeaZ- Of © 2-

made an example of, Why did the next person get and Article 15? I lost 10
years and a career; he lost a line number!

The ideal resolution for me would be reinstatement to my old career field at
my old rank and allowed finishing my career in the Air Force. I know that is
an impossibility so I am only requesting that my Discharge be upgraded to
an Honorable Discharge.

Thank You.

Sle
| F)2222-3/6 72.

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS, 88TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

11 April 1997

MEMORANDUM FOR 88 ABW/CC

FROM: 88 ABW/1A QRS

SUBJECT: Request for Discharge in Lieu of Trial by Court-Martial --

Eee

1. I have reviewed the request for discharge in lieu of court-martial and the commander’s

recommendation. I concur with the commander’s recommendation. The request package is
legally sufficient.

*

2. Background:

a. Between on or about 10 November 1995 and 30 June 1996, @gaienaenaaiaitinr:

engaged in an adulterous relationship with genni, an applicant to the USAF.
When that relationship ended, he misused his position as a recruiter in the USAF to obtain

derogatory information about@iiiieigums from the Saga County Magistrate's Clerk. He
compounded that offense by leading the clerk to believe that Q@@MEMMMatewas currently an

applicant to the USAF, at the time she was not, and that the information obtained would be used
to evaluate her application to the USAF. On or about 1 November 1996 ai made a
false official statement when he denied allowing oh. accompany him in his GOV
while he transported applicants, a statement known by him to be false at the time he made it.

b. On or about 21 March 1997,