AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE | AFSN/SSAN

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

—cianrmn Alc

 

 

 

 

 

 

“TYPE
UOTHC | X PERSONAL APPEARANCE RECORD REVIEW

“COUNSEL NAME OF COUNSEL AND OR ORGANIZATION — ADDRESS AND OR ORGANIZATION OF COUNSEL. ”
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VOTE OF THE BOARD”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN voTie” OTHER DENY
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“ISSUES eee INDEX NUMBER ~— EXHIBITS SUBMITTED TO THE BOARD
A94.05 A67.70 1 | ORDER APPOINTING THE BOARD
z | APPLICATION TOR REVIEW OF DISCTIARGE
“3 | CETTER OF NOTIFICATION
HEARING DATE ~ CASE NUMBER 4 | BRIEF OF PERSONNEL. FILE ~~
5 FEB 03 FDO1I-00145 ~1 ee

 

‘COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMIFTED AT TIME OF,
PERSONAL APPEARANCE

 

 

 

 

 

| TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

REMARKS

Case heard at Travis AFB, CA

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

 

 

SIGNATURE OF BOARD PRESIDENT

  

 

 

INDORSEMENT DATE: 6 FEB 03
yO: : . FROM: ™ ~—
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

 

(EF-V2) Previous edition will be used.

AFHQO FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp -7901-0200

GENERAL: The applicant appeals for upgrade of his discharge to honorable.

The applicant appeared and testified before the Discharge Review Board without counsel at Travis AFB,
California, on February 5, 2003.

ing additional exhibits were submitted at the hearing: Exhibit #6: Character Letter fromgi
ae P3 Feb 03; Exhibit #7: Intel Employee Evaluation (16 Dec 00 — 15 Dec 01); Exhibit
#8: ITT Technical Institute Certificates (2); Exhibit #9; ITT Technical Institute Certificate — Associates in
Electronics Engineering Technology; Exhibit #10: ITT Technical Institute Transcript.

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

FINDINGS: Upgrade of the characterization of the discharge is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change in the characterization of the discharge.

ISSUES: Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to
his request to be discharged in lieu of court-martial (Chapter 4) for drug abuse — use of methamphetamine.
Applicant contends his discharge was inequitable because it was based on one isolated incident of
misconduct and did not take into account his good duty performance and the assistance he provided to the
Office of Special Investigations (OSI) resulting in the successful apprehension and prosecution of two other
airmen involved in the manufacture, distribution, and use of methamphetamine.

Review of the record discloses the member was charged with use of methamphetamine and as a result, was
facing trial by court-martial. After preferral of charges, the applicant voluntarily submitted a Chapter 4
request. The record clearly indicates the applicant’s request to be discharged instead of proceeding to trial
was granted because of the quality of the assistance the applicant provided to OSI. The only alternative
available to the applicant was to proceed to trail by court-martial, which certainly would have resulted in his
conviction for use of methamphetamine based in large part on his confession. It is therefore clear to the
Board that by receiving the Chapter 4 discharge, the applicant did get the benefit of his service to OST. Air
Force policy in effect at the time of applicant’s discharge, and now, provides that when a member requests
discharge in lieu of court martial, it is customary they receive a UOTHC characterization of service.
Applicant chose not to be tried, and was fully aware he would likely receive a UOTHC discharge.
Furthermore, the Board noted that drug abuse is not compatible with Air Force standards, it is-a serious
breach of discipline, and a gross deviation from standards expected of an airman. Such unacceptable
conduct adversely overshadows the applicant’ otherwise good duty performance and his assistance to OSI.
Moreover, given the applicant’s drug use, the UOTHC characterization is an appropriate description of the

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

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

ae (Former A1C) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Dish fr USAF 96/03/07
UP AFI 36-3208, para 4.12 (Discharge in Lieu of Court Martial).
Appeals for HON Disch.

FD2001-0290

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 01/04/26/ia.

b. The AFDRB reviewed case on 01/06/15 (non-appearance w/o
counsel) & concluded applicant’s discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 01/07/02.
(Change Discharge to Honorable)

I think my “Under Than Honorable Conditions” Discharge that I
received when I was released from the United States Air Force
active duty to my lack of good judgment was justified and should
not be argued. However, since my release, I have attended
college and received an Associate of Applied Science Degree in
Electronic Engineering Technology. While in college, I held a
full time job and algo joined the Tennessee Army National Guard
working as a Cobra helicopter mechanic. After graduating I
received a job with ------- Corporation, and computer
microprocessor manufacturer, as a maintenance technician on the
tool-set used in the manufacturing process. I have been with
them since September of 2000 in Chandler Arizona. I also
transferred from the Tennessee Army National Guard to the Arizona
Air National Guard as a fuel cell mechanic on the KC-135. I have
been a member of the National Guard now since February of 1999.

I graduated collage (sic) with honors and have had excellent
service while in the National Guard and have not been in any
trouble since my release; not even so much as a speeding ticket.

I would like my discharge upgraded to Honorable, even though I
made a mistake in the past, because I have worked hard to prove
myself and excelled in school and continue to serve in the United
States Military. I have a family with two young children that I
need to be an example to. I have learned from my (sic) mistakes
FD2001-0290

andidon’t want a discharge on my record that my hold me back in
any way in the near or distant future.

Thank you for your consideration.

Atch

1. Letter to the Discharge Review Board.

01/10/30/ia
Fp z0ol- OR FO

FDO1-00121

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

(Former A1C) MISSING DOCUMENTS

 

Appl rec'd a UOTH Disch fr USAF 96/03/07 UP AFI 36-

1. MATTER UNDER REVIEW:
Appeals for Honorable

3208, para 4.12 (Discharge in Lieu of Court Martial).
Disch.

2. BACKGROUND:

a. DOB: 75/09/25. Enlmt Age: 17 6/12. Disch Age: 20 5/12. Educ:HS DIPL.
AFQT: N/A. A-40, E-70, G-53, M-69. PAFSC: 2A333B - Tactical Aircraft

Maintenance. DAS: 94/03/13.

b. Prior Sv: AFRes 93/03/31 - 93/09/22 (5 months 22 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 93/09/23 for 4 yrs. Svd: 2 Yrs 5 Mo 15 Das, all AMS.

b. Grade Status: Alc - 95/01/23
AMN - 94/03/23

c. Time Lost: none.
dg. Art 15’s: none.
e. Additional: none.

f. .CM: none.

g. Record of SV: 93/09/23 95/05/22 Hill AFB LOST
95/05/23 96/01/16 Hill AFB 2 (CRO)REF

(Discharged from Hill AFB)

h. Awards & Decs: AFAM, NDSM, SWASM W/1 BSS, AFTR.

Stmt of Sv: TMS: (2) Yrs (11) Mos (7) Das

i.
TAMS: (2) Yrs (5) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 00/11/30.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
Fu 2eo--0zZ FO

FDO1-00121

ATCH
none.

01/04/26/ia
\
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, OGDEN AIR LOGISTICS CENTER (AFMC)

HILL AIR FORCE BASE, UTAH
MEMORANDUM FOR 75th ABW/CC

00-ALC/CC
FROM: OO-ALC/JAJ

SUBJECT: Legal Review - Request for Discharpe in Licu of Trial by Court-Martial, iia

 
 

1. We have reviewed the referenced action in accordance with AFI 36-3208, paragraph 4.12, and consider it legally
sufficient to be either approved or disapproved.

2. This action was initiated by the applicant on 7 December 1995. The 34th FS/CCopalliggpe commends that the
discharge be approved.

3. Charges have been preferred, but not yet referred to trial by special court-martial.
4. The statutory basis for this action is Title 10, United States Code, Section 1169.

5. In accordance with AFI 36-3208, paragraph 4.4.2, the 75th ABW commander is the reviewing authority, The 75th
ABW commander’s options are to:

a, recommend approval of the request and, together with a recommendation as to the type of discharge, send your
recommendation to the General Court-Martial Convening Authority; or

b. recommend disapproval of the request and forward your recommendation to the general court-martial convening
authority.

6. In accordance with AFI 36-3208, paragraph 4.12, the OO-ALC commander, as general court-martial convening
authority, is the approval/disapproval authority. The center commander’s options are to:

a. reject the request and allow the applicant to stand trial; or

b. accept the request and order an honorable discharge, general discharge, or discharge under-other-than-honorable
conditions, with or without probation or rehabilitation.

7. We recommend that this case be forwarded to OO-ALC/CC with a recommendation that the request be approved and the

applicant be given an under-other-than-honorable-conditions (UOTHC) discharge without probation and rehabilitation.
oe of wrongfully using methamphetamine, The charge arose when OSI received information that

 
 
 
    

 
 
 
  

Swere allegedly manufacturing and using
w} did apparently use methamphetamine, but
sooperated with OSI and our office in building a
. [believe approval of this discharge is in our best interest. I ikely that

would have. ccessfully prosecuted without the cooperation ie In
fact, it was the potential tes of mee: persuaded: o plead guilty, The Article 32

Investigating Officer, recommended trial by
ne

punishment under Article 15. It is the belief

methamphetamine at an base residence. OSI determined thg
that he was not involved in the manufgct.0.re of the drug. s

  
   
 
 

  

ecial court-martial, or an offer of non-judicial
tter treatment than the other

  

two parties involved. Due —eirie cooperation and the nature of the offense charged, I recommend that the
- | ~~ POD A20l> DAIO

”

ee

Chapter 4 be approved and he be discharged with an under other-than-honorable conditions discharge (UOTHC) without
probation and rehabilitation.

8. We note no administrative errors of legal significance.

 

Attachments:
1, 34 FS/CC ltr
2. Chapt 4 Request w/atch
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 34th FIGHTER SQUADRON (ACC)
HILL AIR FORCE BASE, UTAH

18 FEB Alo

MEMORANDUM FOR OO-ALC/JA
75 MSS/DPMPP
75 MSS/DPMP
75 MSS/DPM
75 ABW/CC
OO-ALC/CC
IN TURN

FROM: CC

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

34th Fighter Squadron

1. I recommend that the attached request for discharge in lieu of trial by court-martial be
approved for the following reasons:

eiite:.:: been charged with wrongful use of methamphetamine.

b. Up to this timestigg@peduty performance has been satisfactory. a6
cooperated nae with the government in the investigations of ! eebeck an _

for manufacturing methamphetamine. But for cooperation,

the government would not be able to successfull prosecuie these other cases. Compared to the
allegations agains ; fne time use is relatively

minor. Under the circumstances, I believe it would be in our best interest to approve this
discharge.

  
 
 

 

2. If this request for discharge is approved, I recommend tha gp . given an under-

other-than-honorable-conditions discharge THC) without probation and rehabilitation. I have
made no promises or representations tog egarding the type of discharge he would

receive.
3
a. is not presently under investigation;

b. is not awaiting action under AFR 39-10, AFR 35-4, or any other section of this regulation;

c. is not awaiting result of trial ;
pp PD200/-2270

d. is not absent without authority;

e. is not absent in hands of civil authorities;

f. has not been referred to a medical facility for examination;

g. is not in default with respect to public property or public funds;

h. has not completed 16 or more years of active military service; and

i. is not accountable or responsible for public property or funds.
4. There has not been a report of recent misconduct that is not addressed above.
5. Court-martial charges have been preferred. Attached are:

a. acopy of the charges, DD Fm 458, Charge Sheet; and

b. other information or evidence pertinent to the case.

6. Charges have not been referred for trial. ,

   

7. At the time of the misconduct Saggy Fd not have a mental disease or defect that
caused him to lack Gi a. either to appreciate the criminality of the acts, or to

conform to the law. presently has the capacity to understand the nature of the
proceedings against him and to assist in his defense.

8. Geee....s not hold an Air Force Reserve appointment as a commissioned or warrant
officer.

9. Information from the military record follows:
a. Date and term of enlistment: 23 September 1993, for four years. Date this period of

continuous active duty started: 23 Sept 1993. Pay date: 23 Sept 1993. TAFMSD: 23 Sept
_ 1993. No prior service.

b. Date of birth: 25 Sept 1975
c. Test scores: ADM - 40, ELECT - 70, GEN - 53, MECH - 69

d. Formal training: None

e. Date assigned unit: 13 March 1994
f. Current grade and effective date: AIC, effective 23 Jan 1995
g. Demotions: None
h. Time lost: None

i. No record of previous disciplinary actions.

j. No EPRs are attached. gigi 2 had one EPR, but it is lost.

k. Awards and decorations: AF Achievement Medal, Southwest Asia Service Medal w/one
device, AF Training Ribbon.

|. No derogatory data.

 

Attachments:

1. Discharge Request w/atch
2. Charge Sheet