k
‘| TYPE:
UOTHC
PERSONAL APPEARANCE
| NAME OF COUNSEL AND OR ORGANIZATION
ee
MEMBERS SITTING
‘ed -_ =_— : a a a TTT f
i
ee a Se
X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
OTHER
HON VOTHC
ISSUES INDEX NUMBER
A94,05, A92,37, A01.13 A73.00
HEARING DATE CASE NUMBER
02-10-01 FD2002-0168
a
REMARKS
Case heard at Washington, D.C.
ts
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
ORDER APPOINTING THE BOARD
LETTER OF NOTIFICATION
APPLICATION FOR REVIEW OF DISCHARGE _
ajol so) =
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERA’
NCE HEAR
ING
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 AFRBCMR.
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.
(EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢p9902-0168
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 applicant substantiates an inequity
or impropriety that would justify a change of discharge.
Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his
request to be discharged in lieu of trial by court martial, for dereliction of duty, false swearing, and carnal
knowledge. Member had a previous Letter of Reprimand for an unprofessional relationship with a
dependent female under the age of 18, and an Article 15 for failing to refrain from having unescorted
female minors in his dormitory room. Member had been well forewarned the restrictions against having
such relationships with young dependent females, yet persisted, resulting in the court martial charges. The
Board concluded member’s misconduct was an extremely significant departure from conduct expected of
all military members, and member was well aware of the Air Force’s policy in this area. The Board further
notes that applicant voluntarily submitted his request for discharge in lieu of trial by court martial, thus not
attempting to establish his innocence, and in doing so acknowledged his characterization of service could be
deemed under other than honorable conditions; in accordance with discharge regulations, airmen discharged
under these circumstances usually do have their service characterized as UOTHC. The Board found no
wrongful action by the Air Force, and finds the discharge proper and without basis for 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
FD2002-0168
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former SRA) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 02/02/08 UP AFI 36-
3208, para 4.3 (Discharge in Lieu of Trial by Court-Martial). Appeals for
Honorable Disch.
2. BACKGROUND:
a. DOB: 80/01/19. Enlmt Age: 17 11/12. Disch Age: 22 0/12. Educ: HS DIPh.
AFQT: N/A. A-30, E-62, G-52, M-20. PAFSC: 1N251 - Signals Intelligence
Production. DAS: 99/10/27.
b. Prior Sv: (1) AFRes 97/12/20 - 98/09/15 (8 Mos 26 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/09/16 for 4 yrs. Svd: 3 Yrs 4 Mo 23 Das, all AMS.
b. Grade Status: SRA - 01/03/01
AlC - 98/10/31
c. Time Lost: None.
d. Art 15’s: (1) 00/08/22, Misawa AB, Japan - Article 92. You, who knew
or should have known of your duties, on divers
occasions, from on or about 29 Apr 2000 to on or about
27 May 2000, were derelict in the performance of those
duties in that you willfully failed to refrain from
allowing unescorted minors in your dormitory room, as
it was your duty to do. Suspended reduction to the
grade of AMN, forfeiture of $200.00 pay per month for 2
months, and 30 days extra duty. (No appeal) (No
mitigation). ,
e. Additional: None
£. CM: None
g. Record of SV: 98/09/16 - 00/04/15 Misawa AB 5 (Dir HAF)
00/04/16 - 01/04/15 Misawa AB 3 (Annual) REF
(Discharged from Misawa AB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (4) Yrs (1) Mos (19) Das
FD2002-0168
TAMS: (3) Yrs (4) Mos (23) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/04.
(Change Discharge to Honorable)
ISSUES ATTACHED TO BRIEP
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