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‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME.OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB ‘aa.
TYPE .
; X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
f
~~ VOTE OF THE BOARD, 100°
MEMBERS SITTING HON GEN UOTHC OTHER DENY
X*+
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X*+
X*+
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X
X*+
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD c=
A93.12 A67.30 ] ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE “CASE NUMBER 4 BRIEF OF PERSONNEL FILE
19 NOV 02 FD02-0213 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME Ot
PERSONAL APPEARANCE
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, »

   

REMARKS

Case heard at Dobbins ARB, Georgia
Advise applicant of the decision of the Board.

* Change Reason and Authority to Secretarial Authority.

+ Change RE Code to 3K.

 

SIGNATURE OF RE ~ “SIGNATURE OF BOARD PRESIDENT

 

INDORSEMENT.
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCHI
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

Lo _
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0213

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and change
the RE Code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Dobbins ARB, GA on November 19, 2002. Mr. and Mrs. jf the applicant’s parents, appeared as

witnesses.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge to Honorable is granted and reason for discharge changed to
Secretarial] Authority. Also, the reenlistment code is changed to 3K.

The Board finds that the evidence of record substantiates an inequity that would justify upgrade of the
discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Commission of a
Serious Offense. The records indicated the applicant reccived a Special Court martial for writing 12 checks
for over $16,000. After a through and complete consideration of the information submitted by the
applicant, the applicant’s compelling personal testimony, and information contained in the record, the

Board concluded that there was sufficient mitigation and extenuation to substantiate upgrade of the
discharge and to change the reason for the discharge. The Board also agreed to change the applicant’s

reenlistment code.

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. However, in view
of the foregoing findings, the Board also concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge. The applicant’s characterization for discharge should be
changed to Honorable and Secretarial Authority under the provisions of Title 10, USC 1553. Also, the

Applicant’s RE Code should be changed to 3K.

Attachment:
Examiner's Brief
FD2002-0213
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a (Former AB) (HGH ALC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/06/23 UP AFI 36-3208,
para 5.52 (Misconduct - Commission of a Serious Offense). Appeals for Honorable

Disch.
2. BACKGROUND:

a. DOB: 80/11/15. Enlimt Age: 17 2/12. Disch Age: 19 7/12. Educ: HS DIPL.
AFOQT: N/A. A-95, E-77, G-78, M-48. PAFSC: 3C031 - Communications-Computer
Systems Operations. DAS: 98/11/06.

b. Prior Sv: (1) AFRes 98/02/03 - 98/06/16 (4 Mos 14 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 98/06/17 for 4 yrs. Svd: 02 Yrs 0 Mos 7 Das, of which ams 4
is 1 yr 11 mos 14 das (excludes 23 days lost time).

b. Grade Status: AB - 00/04/27 (SCMO Order No 6, 00/04/27)
ec. Time Lost: 23 Days (19 Apr 00 - 12 May 00)
da. Art 15’s: None.
€. Additional: None.
f. CM: Special Court Martial No. 6 - 2000 April 27.
CHARGE: Article 123a. Plea: Guilty. Finding: Guilty.

Specification 1: Did, within the Kaiserslautern Military
Community, Germany, on divers occasions between on or about

31 Aug 99 and on or about 23 Sep 99, with intent to defraud anda
for the procurement of lawful currency, wrongfully and unlawfully
make to Service Credit Union, seven checks for the payment of
money, drawn upon the First Command Bank, of a total amount of
$6,413.00, more or less, with said checks for amounts in excess
of $100, and signed -------- , then knowing that she, the maker
thereof, did not or would not have sufficient funds in or credit
with said bank for the payment of said checks in full upon their
presentment.

Specification 2: Did, within the Kaiserslautern Military
Community, Germany, on divers occasions between on or about

8 Oct 99 and on or about 19 Oct 99, with intent to defraud and
for the procurement of lawful currency, wrongfully and unlawfully
FD2002-0213

make to Community Bank, five checks for the payment of money,
drawn upon the First Command Bank, of a total amount of
$10,400.00, more or less, with said checks for amounts in excess
of $100, and signed -------- , then knowing that she, the maker
thereof, did not or would not have sufficient funds in or credit
with said bank for the payment of said checks in full upon their
presentment. Sentence adjudged by officer members on 19 Apr 00.
Confinement for 30 days, restriction to Ramstein AB for 30 days,
and reduction to the grade of AB.

g. Record of SV: 98/06/17 - 00/02/16 Ramstein AB 2 (Initial) REF
(Discharged from Maxwell AFB)
h. Awards & Decs: AFOUA, AFOLTR, AFTR.

i. Stmt of Sv: TMS: (2) Yrs (3) Mos (28) Das
TAMS: (1) Yx (11) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/09.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one incident
in 24 months of service.

Issue 2: The discharge was improper because it prevents any reentry into
the military, even after reparations have been made.

Issue 3: The discharge was improper because I had displaied (sic) remorse,
and was correcting my mistakes, which my commander said otherwise.

ATCH
1. Applicant's Letter to Board Members.
2. Copy of DD Form 214.

02/08/21/cr
oo a ED 2002-0 2/2

DEPARTMENT OF THE AIR FORCE
AIRLIFT WING (USAFE)

 

gun 0

MEMORANDUM FOR 86 AW/CC |

FROM: 86 AW/JA

SUBJECT: Legal Review of Discharge _ ‘que ie

1. I have reviewed the administrative discharge action against ARAM nitiated

on 24 May 00 by Senn 786 CS/CC, and it is legally sufficient to support

discharge.

 

2. BASIS FOR THE ACTION: Administrative discharge action was initiated pursuant to
AFI 36-3208, Section H, paragraph 5.52, Misconduct, Commission of a Serious Offense. The
worst characterization of discharge a member may receive under this paragraph is under other
than honorable conditions (UOTHC). . Mt discharge is based upon the following:

 

a. She did, on divers occasions between on or about 31 Aug 99 and on or about 23 Sep 99,
within the KaisersJautern Military Community, GE, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully make to Service Credit Union, seven
checks for the payment of money, drawn upon the First Command Bank, of a total amount of
$6,413.00 more or less, with said checks for amounts in excess of $100.00, and signed a,

hen knowing that she, the maker thereof, did not or would not have sufficient funds

in or credit with said bank for the payment of said checks in full upon their presentment.

b. She did, on divers occasions between on or about 8 Oct 99 and on or about 19 Oct 99,
within the Kaiserslautern Military Community, GE, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully make to Community Bank, five
checks for the payment of money, drawn upon the First Command Bank, of a total amount of
$10,400.00, more or less, with said checks for amounts in excess of $100.00, and signed Age

een then knowing that she, the maker thereof, did not or would not have sufficient funds
in or credit with said bank for the payment of said checks in full upon their presentment...

For the actions in 2a ~ 2b, she was tried and convicted by Special Court-Martial on
19 Apr 00. Punishment imposed was confinement for 30 days at the U.S. Army Correctional
Facility, Mannheim, GE, restriction to Ramstein AB and Landstuhl Regional Medical Center,
GE, for 30 days, and reduction to the rank of airman basic. The Convening Authority found the
sentencing correct in law and fact on 8 May 00.
(2D 1002- O18

3. MATTERS SUBMITTED BY THE RESPONDENT: Respondent consulted counsel on
25 May 00 and submitted statements on her behalf on 31 May 00. Respondent asks that she not

be discharged from the military and if discharge is deemed appropriate, that she be allowed to

stay in the Air Force until after the delivery of her baby sometime in Aug 00. iia
states that she understands that what she did was wrong and that she brought shame to the Air

Force, her family, her unit, and herself. She truly apologizes for her misconduct. Aine:
states that if given a chance, she knows she can regain the trust that the Air Force once had in

her. She has taken steps to pay off all her debts and rebuild her credit. SRN: \s0 gave
her word that she will not apply for another checking account.

4, DISCUSSION:

a. 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 5.52, for
misconduct, commission of a serious offense. I concur.

b. The respondent was convicted of a serious offense. She wrote approximately 12 checks
for over $16,000.00 knowing that she did not or would not have sufficient funds for payment.
She asks that she not be discharged, or that if discharge is deemed appropriate, that she be
allowed to stay in the Air Force until after the delivery of her baby sometime in Aug 00.

However, according to Chis US AFE/SG, if AB Hollinshed receives a

general discharge characterization, she will be entitled to medical treatment regarding the
pregnancy and child birth, up to 6 days after the baby is born, on a space available basis at a
military medical treatment facility.

5. OTHER MATTERS: Before the respondent can be discharged, she must be found medically

qualified for worldwide duty in accordance with AFI 36-3208, paragraph 6.3. gage
had her medical appointment on 25 May 00 and processing should not be delayed to wait for the

medical report, You may authorize the discharge, but it will not be executed until the medical
report is complete.

6. CHARACTERIZATION OF SERVICE:

a. Characterization of service should be based on the quality of the member's service in the current
enlistment. The respondent has one year and eleven months of military service. Her current
enlistment began on 17 Jun 98 for a term of 4 years. The respondent has received one EPR with a

promotion recommendation of 2.

b, The service of an airman discharged for misconduct, commission of a serious offense, may
be characterized as honorable, general, or under other that honorable conditions (UOTHC). For
the respondent to receive a UOTHC, this discharge action would need to be withdrawn and re-
instituted as an administrative discharge board case. However, it should be noted that according
to AFI 36-3208, paragraph 1.21.3, only the Secretary of the Air Force may approve of a VOTHC
FO 2002-6212

in any discharge action when the sole basis for discharge is a serious offense that resulted in a
conviction by a court martial that did not adjudge a punitive discharge.

c. A general characterization is warranted when an airman’s service has been honest and faithful,
but significant negative aspects of the airman’s conduct or performance of duty outweigh positive
aspects of the airman’s military record.

d. In this case, the respondent's writing of checks with the intent to defraud on divers occasions
during the current enlistment constitute significant negative aspects that outweigh the otherwise
positive aspects of her service. However, the nature of the respondent’s actions is not such that a
board of officers would likely recommend a UOTHC discharge. The respondent’s commander

recommends a general discharge. I agree.

7. PROBATION AND REHABILITATION: Under AFI 36-3208, Chapter 7, the member is
entitled to have probation and rehabilitation (P&R) considered by the discharge authority.
Approval of 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 the respondent’s misconduct consists of writing over $16,000 in bad checks with
the intent to defraud in a three-month period. The respondent's commander considered these

incidents so serjous that she preferred court-martial charges against aia Due to the
severity of the offenses committed by the respondent’s, her commander does not believe

probation and rehabilitation are appropriate in this case. ] concur.

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

a. Direct that the respondent be retained in the USAF;

b. Forward the case file to 3 AF/CC, recommending that the respondent be separated from the
USAF with an honorable discharge, with or without P&R;

c. Direct that the respondent be separated from the USAF with a general discharge, with or
without P&R; or,

d. Return the case file to the unit for processing as an administrative discharge board case.
This would permit a service characterization of UOTHC.
wo LD 2002 - O2) 2

9, RECOMMENDATION: Direct that the respondent be separated from the USAF with a
general discharge, without P&R, by signing Attachment 1. 4.

  

Attachments:
1. Proposed Memo for 86 AW/CC
2. Discharge Package
3. Respondent's Documentation
a, Airman's Receipt
b, Airman's Statement
c, WHR esponse w/atchs
FO 2002~ OLI3

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

 

os 4] Mayd0
me786 CS

 

MEMORANDUM FOR
FROM: 786 CS/CC
SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for Misconduct,
Commission of a Serious Offense, The authority for this action is AFPD 36-32 and AFI 36-
3208, paragraphs 5.52. If my recommendation is approved, your service will be characterized as
honorable or general. J am recommending that your service be characterized as general.

2. My reasons for this action are:

a. You did, on divers occasions between on or about 31 Aug 99 and on or about 23 Sep 99,
within the KaisersJautern Military Community, GE, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully make to Service Credit Union, seven
checks for the payment of money, drawn upon the First Command Bank, of a total amount of
$6,413.00 more or less, with said checks for amounts in excess of $100.00, and signed 00

ela en knowing that you, the maker thereof, did not or would not have sufficient funds
in or credit with said bank for the payment of said checks in full upon their presentment.

b. You did, on divers occasions between on or about 8 Oct 99 and on or about 19 Oct 99,
within the Kaiserslautern Military Community, GE, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully make to Community Bank, five
checks for the payment of money, drawn upon the First Command Bank, of a total amount of
$10,400.00, more or less, with said checks for amounts in excess of $100.00, and signed ii

apa: then knowing that you, the maker thereof, did not or would not have sufficient funds
in or credit with said bank for the payment of said checks in full upon their presentment.

For the actions in 2a — 2b, you were tried and convicted by Special Court-Martial on
19 Apr 00 (Atch 1a), Punishment imposed was confinement for 30 days at the U.S. Army
Correctional Facility, Mannheim, GE, restriction to Ramstein AB, and Landstuhl Regional
Medical Center, GE, for 30 days, and reduction to the rank of airman basic. The Convening
Authority found the sentencing correct in Jaw and fact on 8 May 00 (Atch 1b).

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court martial jurisdiction, or a
higher authority, will decide whether you will be discharged or retained in the USAF and if you
are discharged, how your service will be characterized. If you are discharged, you will be
ineligible for reenlistment in the USAF, and any special pay, bonus, or education assistance
funds you have received may be subject to recoupment.
, Va) 200 2 — O2/?

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult with Gy eee Arca Defense
Counsel, Building 2111, DSN 480-21 82/2492 on 25 May 00 at 0900. You may consult civilian
counsel at your own expense.

5.. You have the right to submit statements on your behalf. Any statements you want the

separation authority to consider must reach me by <3/ Ce e%@ at Jt 2g unless you request
and receive an extension for good cause shown. I will send them to the separation authority.

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

7. You have been scheduled for a medical examination. You must report in uniform with your
medical records and an escort to the Ramstein Air Base Clinic, Physical Exams, Building 2182
on 25 May 00 at 0700 for the evaluation. If you wear glasses, you must bring them with you. If
you wear contacts, you must be able to remove them.

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

   

Commander

Attachments:
1. Supporting Documents:

a. Special Court-Martial Order, 27 Apr 00

b, Action of the Convening Authority, 8 May 00
2. Airman’s Receipt of Notification Memorandum