AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
(COUNSEL, 6° |__| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
Xx |

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

gt x
i ————— SM x
2 ».4
ISSUES INDEX NUMBER a re Cee
A92.35; A92.21 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 Nov 02 FD2002-0302

 

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

: SECONT Se ;
REMARKS
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.

 

 

RE OF RECORDER i , - 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
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0302

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 the 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 1. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other information contained in the records. They 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.

ISSUE 2 applies to the applicant’s post-service activities. The DRB was pleased to see that the applicant
was doing well and has a good job. However, no inequity or impropriety in his discharge was found in the
course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his
term of service.

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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0302
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

Ee. (Former AMN) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/07/28 UP AFI 36-3208,

para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 75/10/14. Enlmt Age: 17 10/12. Disch Age: 23 9/12. Educ: HS DIPL.
AFQT: N/A. A-60, E-88, G-88, M-91. PAFSC: 3C052 - Communication Computer
System Program Journeyman. DAS: 97/08/14.

b. Prior Sv: (1) AFRes 93/09/08 - 93/11/14 (2 Mos 7 Days) (Inactive) .

(2) Enid as AB 93/11/15 for 4 yrs. Ext: 1 ¥r 11 Mos. Svd: 3
Yrs 10 Mos 18 Das, all AMS. AMN - 94/05/15. Al1C - 95/03/15. SRA - (EPR
Indicates: 96/07/15-97/02/28). EPRs: 5,5,5.

3. SERVICE UNDER REVIEW:

a. Reenld as SRA 97/10/03 for 4 yrs. Svd: 1 Yr 9 Mos 26 Das, all AMS.
b. Grade Status: AMN - 99/04/08 (Vacation of Article 15, 99/07/12)
ec. Time Lost: None.

da. Art 15’s: (1) 99/07/12, Vacation, Peterson AFB, CO - Article 86.
You, did, on or about 10 Jun 99, without authority,
fail to go at the time prescribed to your place of
duty, to wit: mandatory weigh in appointment.
Reduction to the grade of AMN. (No appeal) (No
mitigation)

(2) 99/04/09, Peterson AFB, CO - Article 92. You, who knew
or should have known of your duties, from on or about
14 Dec 98 to on or about 17 Mar 99, on divers
occasions, were derelict in the performance of those
duties in that you willfully failed to refrain from
using your government Visa for personal use. Article
134. You, being indebted to --~-------- in the sum of
$327.91 for unauthorized government Visa transactions,
which amount became due and payable on or about 30 Jan
99, did, from on or about 30 Jan 99 to on or about 4
Mar 99, dishonorably fail to pay said debt. Suspended
reduction to the grade of AMN, and 30 days correctional
custody. (No appeal) (No mitigation)
AFGCM.

FD2002~-0302

(3) 98/07/16, Peterson AFB, CO ~- Article 134. You, did, on
or about 21 May 98, willfully and unlawfully alter a
public record, to wit: Air Force Form 899, Request and
Authorization for Permanent Change of Station -
Military. Suspended reduction to the grade of AMN, and
suspended forfeiture of $463.00 pay per month for 2
months. (No appeal) (No mitigation)

Additional: None.
CM: None.

Record of SV: 97/03/01 - 98/03/20 Peterson AFB 5 _ (Annual)
98/03/21 - 99/03/20 Peterson AFB 3 (Annual) REF

(Discharged from Peterson AFB)

Awards & Decs: AFAM, AFCM, AFLSA, AFTR, NDSM, SAEMR W/DEV, AFOEA,

Stmt of Sv: TMS: (5) Yrs (10) Mos (21) Das
TAMS: (5) Yrs (8) Mos (14) Das

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

Issue: My discharge was inequitable because it was based on a short period
of time during my six years of otherwise faithful and honorable service. An
explanation of this time period and supporting documentation regarding time in
service are covered in the attachments listed above in 7a, 7b, and 7c.

ATCH

1. Applicant's Memo to the Board.
2. Evaluation and Performance Feedback.
3. Copies of Award and Letters of Appreciation.

02/10/23/cer
+ ARM EB ey

. MEMORANDUM FOR 21 SW/G

FD 2002-0 20>
DEPARTMENT OF THE AIR FORCE

21ST SPACE WING (AFSPC)
f

23 TN 44

   

FROM: 21 SW/IA

ean te

SUBJECT: Legal Review, Administrative Discharge Action i ,

1. SUMMARY: On 15 July 1999, Qe, Det 11/CC, initiated an involuntary
discharge action against giiaeelaagar: for a Pattern of Misconduct (Conduct Prejudicial to
Good Order and Discipline), under the provisions of AFI 36-3208, paragraph 5.50.2. He

recommends an Under Honorable Conditions (General) discharge. obey i is not entitled
to a discharge board, but he has submitted matters for your consideration and has requested that

you separate him with an Honorable discharge. I have reviewed the case file and find it legally
sufficient. I recommend that you sign the proposed memorandum at Tab 1, separating:

ei the United States Air Force with a General discharge, without probation and
rehabilitation.

2. BASIS FOR ACTION: The basis for this action involves the following facts:

a. On or about 10 Jun 99, niin failed to go to his mandatory weigh-in
appointment in Building 2025. For this misconduct, his suspended Nonjudicial Punishment
under Article 15, UCMJ, dated 9 Apr 99, was vacated on 12 Jul 99. Punishment consisted of
reduction to the grade of Airman, with a new date of rank of 8 Apr 99. (Tab 3)

b. Between on or about 14 Dec 98 and on or about 17 Mar 99, at or near Colorado

Springs, Colorado, @ggg§Miiused his government Visa Card for personal use on multiple
occasions. For this misconduct, ‘ }received an Article 15, dated 9 Apr 99.

Punishment consisted of reduction to the grade of Airman, suspended until 8 Oct 99, and 30 days
correctional custody. (Tab 3)

c. From on or about 30 Jan 99 to on or about 4 Mar 99 , Gmetities dishonorably
failed to pay $327.91 to Nations Bank for unauthorized government Visa Card transactions. For
this misconduct, silos received the punishment mentioned above in Paragraph 2(b).
(Tab 3)

d. On or about 21 May 98, at or near Colorado Springs, Colorado, dues
willfully and unlawfully altered a public record, to wit: Air Force Form 899, Request and

Authorization for Permanent Change of Station — Military. For this misconduct, @naeigiuma,
received an Article 15, dated 16 Jul 98. Punishment consisted of reduction to the grade of
Airman Basic, suspended until 15 Jan 99, forfeiture of $463.00 pay per month for two months,
suspended until 15 Jan 99, and the establishment of an Unfavorable Information File, dated

STRENGTH AND PREPAREDNESS
F-22002. ~OD7 0 >

18 Aug 98. (Tab 3)

3. PERSONAL DATA: @qgggMi is 23 years old. He has five years and eight months of
active duty service with a TAFMSD of 15 Nov 93. He has five enlisted performance reports
with the following overall ratings and closeout dates: 20 Mar 99 — 3; 20 Mar 98 — 5; 28 Feb 97 —
5; 14 Jul 96 — 5; 14 Jul 95 - 5. He is entitled to wear the Air Force Commendation Medal, the
Air Force Achievement Medal, the Air Force Excellence Award, the Air Force Good Conduct
—eneat HRS National Defense Service Medal, the Air Force Longevity Service Award, the Small
Arms Expert Marksmanship Ribbon, and the Air Force Training Ribbon.

4. SUMMARY OF MATTERS SUBMITTED BY (QR ENeRES agrees

that he should not be part of the Air Force anymore but requests that you separate him with an
Honorable discharge. He admits that missing his mandatory weigh-in was an oversight on his
part and states that he made several attempts to correct the situation. He also explains that his
two Article 15s were caused by family and financial problems, including having his oldest
daughter taken away from him by the Department of Social Services right before his wedding.
He claims that his duty performance has met and exceeded Air Force standards and believes that
the “couple of mistakes” he made are outweighed by “six years of faithful and honorable
service.” He requests an Honorable discharge so that he can have “options for a decent
employment opportunity” and so that he can take care of his wife and two daughters. He also
has submitted six performance feedback worksheets, four EPRs, nineteen letters of appreciation,
and four certificates for your consideration. (Tab 4 )

5. DISCUSSION:

a. SEPARATION AUTHORITY: IAW AFI 36-3208, paragraph 5.56.1.1, you are the
Separation Authority for notification discharges based on Misconduct that result in a General
discharge. 14 AF/CC is the separation authority for discharges based on Misconduct that result
in an Honorable discharge. AFI 36-3208, para 5.56.2.1.

b. IS DISCHARGE APPROPRIATE? Yes. IAW AFI 36-3208, para 5.50.2, airmen may
be discharged for a Pattern of Misconduct that includes conduct that tends to disrupt order,
discipline, or morale within the military community (and usually involves causing dissent,
disruption, and degradation of mission effectiveness) or conduct that tends to bring discredit on

the Air Force in the view of the civilian community. In light of NRF multiple acts of
misconduct and the rehabilitative actions taken to correct his behavior (outlined above),

administrative separation is warranted.

c. CHARACTERIZATION: aa has reviewed GME service record,

including the matters that AgguMiABRM has submitted for your consideration, and recommends

that SiemgERpEr:eccive a General discharge. Under AFI 36-3208, para 1.18.2, if an airman’s
service has been honest and faithful, a General service characterization is warranted whenever

significant negative aspects of the airman’s conduct or duty performance outweigh the positive
aspects of the airman’s military record. ama nisconduct has significantly marred his
military record, thus making a General discharge appropriate. QMS, however, requests
FP 2002.-O8O 2

¥

that you characterize his service as Honorable. AFI 36-3208, para 5.48.4, states that a member
separated for Misconduct may receive an Honorable discharge only if the member’s record has
been so meritorious that any other characterization would be clearly inappropriate. In light of

SRM i sconduct, his record arguably has not been “meritorious,” and it certainly has
not been so meritorious that any other characterization would be clearly inappropriate; to the
contrary, as discussed above, a General discharge is appropriate in this case.

d. PROBATION AND REHABILITATION (P&R): gage is eligible for P&R
eee ALT 30-3208, Chapter 7. However, AFI 36-3208, para 7.2.7, states that P&R should be
offered only in cases where “there seems to be a reasonable expectation of rehabilitation.” In

this case, ARMAS Unit tried to rehabilitate him by giving him two Article 15s, but gig
SBA onetheless continues to act in ways unacceptable for an airman in the United States
Air Force. He has not demonstrated a capacity to be rehabilitated, and his retention would be

inconsistent with maintaining good order and discipline. Therefore, as recommended by Qe

eae discharge should not be suspended for a period of P&R.

6. IRREGULARITIES: When @giggediafietsuspended Article 15 punishment from 9 Apr 99
was vacated on 12 Jul 99, AMiAT-M—MM/jiRy was erroneously given a new date of rank of 8 Apr 99,

instead of 9 Apr 99. However, this error benefited pees and does not affect the legal
sufficiency of his discharge in any way.

7. OPTIONS: You have the following options:

a. Direct that ggpmigngaye be retained;

b. Recommend to [4 AF/CC that @jagaitiiiitigmms be separated with an Honorable discharge,
with or without P&R;

c. Direct that 4a be separated with an Under Honorable Conditions (General)
discharge, with or without P&R;

d. Direct that this case be reinitiated and processed as a board hearing discharge, if you
believe that an Under Other Than Honorable Conditions (UOTHC) discharge is appropriate.

8. RECOMMENDATION: ApprovegiR@Q®? recommendation to separate Qa
with a General discharge, without probation and rehabilitation, by signing the proposed

memorandum at Tab 1.

  

B Lt Col, USAF

Staff Judge Advocate
- * FP 2002- OF0 2

DEPARTMENT OF THE AIR FORCE

21ST SPACE WING (AFSPC)

 

15 JUL 1999

MEMORANDUM FOR¢

 

ne ere

"FROM: DET 11/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Pattern of
Misconduct (Conduct Prejudicial to Good Order and Discipline). The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your
service will be characterized as either Honorable or Under Honorable Conditions (General). I am
recommending that your service be characterized as General.

2. My reasons for this action are that:

a. You did, on or about 10 Jun 99, without authority, fail to go to your mandatory weigh-
in appointment in Building 2025, For this misconduct, your suspended Nonjudicial Punishment
under Article 15, UCMJ, dated 9 Apr 99, was vacated on 12 Jul 99. Punishment consisted of
reduction to the grade of Airman, with a new date of rank of 8 Apr 99. (Atch 1) .

b. You, who knew or should have known of your duties at or near Colorado Springs,
Colorado, between on or about 14 Dec 98 and on or about 17 Mar 99, on divers occasions, were
derelict in the performance of those duties in that you willfully failed to refrain from using your
government Visa Card for personal use. For this misconduct, you received an Article 15, dated 9
Apr 99. Punishment consisted of reduction to the grade of Airman, suspended until 8 Oct 99,
and 30 days correctional custody. (Atch 2)

 

c. You, being indebted to Nations Bank in the sum of $327.91 for unauthorized
government Visa Card transactions, which amount became due and payable on or about 30 Jan
99, did, at or near Colorado Springs, Colorado, from on or about 30 Jan 99 to on or about 4 Mar:
99, dishonorably fail to pay said debt. For this misconduct, you received the punishment
mentioned above in Paragraph 2(b), (Atch 2)

d. You did, at or near Colorado Springs, Colorado, on or about 21 May 98, willfully and
unlawfully alter a public record, to wit: Air Force Form 899, Request and Authorization for
Permanent Change of Station — Military. For this misconduct, you received an Article 15, dated
16 Jul 98. Punishment consisted of reduction to the grade of Airman Basic, suspended until 15
Jan 99, forfeiture of $463.00 pay per month for two months, suspended until 15 Jan 99, and the
establishment of an Unfavorable Information File, dated 18 Aug 98. (Atch 3)

STRENGTH AND PREPAREDNESS
FIP 2002- OFA >

3

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 Air Force and, if
you are discharged, how your service will be characterized. If you are discharged, you will be
ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
—~._Uhave.magg an appointment for you to consult qa the Area Defense
~Gounsel, on [5