AIR FORCE DISCHARGE REVIEW ROARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‘NAME OF SERVICE MEMBEM (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB | ana: |
PERSONAL APPEARANCE X RECORD REVIEW —_
CV OGUNSEL ” "| NAME OF COUNSEL AND OF ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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Te “ee VOTE OF THR BOARD :
MEMBERS SITTING HON GEN —" "TTC | OTHER DENY
rr une ae ee X
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ISSUES INDEX NUMBER - "__EXHIEI ADEMITTED TO THE BOART
AS4O5 A67.30 ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

1
2
3. | LETTER OF NOTIFICATION
4

 

 

 

 

 

  

 

 

 

[HEARING DATE SSCS”: SCS NUMBER BRIEF OF PERSONNEL FILE
5 JUN 03 FD2001-0515 [ [ COUNSEL’S RELEASE TO THE BOARD
ee) ADDITIONAL EXHIBITS SUBMITIED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
|. APPLICANT) ESUE AND THE BOARIYS DEGIIGNAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIK FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIGNATE. OF
REMARKS 7“ reacacannnttes dpempeti

 

Case beard at Scott AFH, Iliogis.

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

 

 

FROM:

SAF/MIBR, SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STRERT WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 7$150-4742 1535 COMMAND DR, EB WING, 3" FLOOR

 

 

ANDREWS AFB, MID 20762-7002

a Sk INES Ur em Ee Et an tmath

AFHQ FORM 0-2077, JAN 00  (EF-V2) Previous edition will be used,
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0515

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was GHetes a personal appearance before the Discharge Review Board (DRB) 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 to Honorable 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 upgrade of the discharge.

ISSUES: The applicant was discharged with an Under Other Than Honorable Conditions (UOTHC)
Discharge for Misconduct, specifically for discreditable involvement with military authorities. The record
indicates the applicant received three Article 15s, a Vacation action on a suspended UCM] offense, five
Letters of Reprimand, and a Letler of Counseling for failure to pay just debts, failure to go, giving false
statement, dereliction of duty and for being AWOL. The applicant contends that his commander was trying
to make an example out of him and that his misconduct was due to his son’s health problems. These issues
arc without merit as the record clearly shows, he engaged in a pattern of misconduct. The DRB took note
of the applicant’s duty performance as documented by his performance reports 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. The DRB concluded that the characterization of the applicant’s discharge
was appropriate due to the misconduct.

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.

Attachment:
Examimer's Brief
FD2001-0515
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW ROARD
ANDREWS AFB, MD

ee (Former AB) (HGH A1C)

269-74-5903

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 00/10/17 UP AFI 36-
3208, para 5.50.1 (Misconduct - Disereditable Involvement with Military
Anthorities). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOG: 76/12/30. Enlmt Age: 19 11/12. Dige¢h Age: 23 9/12. Educ:Hés DIPL.
AFOT: N/A. A-77, E-45, G-34, M-16. PAFSC: 3A031 - Information Management
Apprentice. DAS: 98/09/30.
b. Prior Sv: (1) AlRes 96/01/10 - 96/64/03 (2 months 24 days) (Inactive).
(2) AFRes 96/05/23 - 37/07/19 (1 month 26 days) (Inactive).
(3) AWRea 97/06/25 - 98/03/03 (8 months 6 days} (Inactive).
(4) AFRes 98/05/13 - 98/05/27 (14 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as ABR 98/05/28 for 4 yra. Svd: 02 Yre 04 Mo 20 Das, all AMS.
b. Grade Status: AB - 00/03/10 (Article 15, 00/03/10)
AMN - 99/12/02 (Article 15,Vacation, 60/01/03)

Alc - 99/10/28
AMN - 98/11/28

e. Time Lost: 6 days.

d. Art 15’4a: (1) 00/08/04, Holloman AFB, NM - Article 86. You, did, on
or about 5 Jul 00, without authority, absent yourself
from your place of duty at which time you were required

to be, and did remain so absent until on or abeut 12
Jul GO. Article 107. You, did, aon or about 23 Jun 00,
with intent to deceive, make to LLt ------- , the
Logiatices Plans Flight Commander, an official
statement, to wit: that you were going to Hl Page,
Taxas to pick your son up from the airport, or words to
that effect, which statement was totally false and was
then known by you to be so false. Restriction to
Holloman AFB, NM, for 45 days, 45 days extra duty.
Forfeiture of $250.00 pay per month for 2 months
(suspended until 3 Feb 01), and a reprimand. (No appeal}
(No mitiqation)
FD2001-0515

{2} 0900/03/10, Holleman AFB, NM - Article 107. You did, on
or about 16 Dec 99, with intent to deceive, make to 2Lt
-----> , an official statement, to wit: that you would
pay $500.00 to ----++4 Bank immediately and the balance
would be paid the very next pay period, which statement
was totally false, ang was then known by you to be so
falae. Article 134. You, being indebted to ---+----- in
the sum of $489.88, which amount became due and payable
on or about 1 Feb 00, did, from 1 Feb 00 to 23 Feb 00,
dishonorably fail to pay said debt. Restriction to
Holloman AFB, NM for 45 days, 21 days extra duty, and
reduction to AB. (No appeal) (No mitigation)

{3} 00/01/03, Vacation, Holloman AFB, NM ~- Article 107.
You did, on or about 13 Dec 99, with intent to deceive,

make to LtCol ~-----++- an official statement, to wit:
that you had paid all but $100.00 of the balance due on
Yow ------ Government Card account, which statement

wae totally false, and was then known by you to be ao
false. Reduction to Airman. (No appeal) {No
mitigation)

(4) 99/12/02, Holloman AFB, NM - Article 134. You, being
indebted to ------- in the aum of $747.81 for
government travel expenses, which amount became due and
payable on or about 28 Aug 99, did, from on or about 28
Aug 99 to on or about 9 Nev 95, dishonorably fail to
pay said debt. Restriction to Holloman AFB, NM for 20:
days, and reduction to Amn (suspended until 1 Jun oO).
{Appeal /Denied) (No mitigation)

e, Additional: LOC, 22 JAN 99 - Failure to pay just debt.
LOR, 29 JAN 99 - Failure to pay juet debt.
LOR, 08 FEB 99 - Failure to go,
LOR/UIF, 19 JUL 99 - Failure to pay just debt.
LOR/UIF, 28 DEC 99 - Giving false atatement.
LOR/UIF, 16 JUN 00 - Dereliction of duty.

£. CM: none,

g. “Record of SV: 98/05/28 - 00/12/26 Holloman AFB 2 (Initial) REF
(Discharged from Holloman AFB)

h, Poveda & Deca: AFTR, AFQUA.

— i. Stmt of Sv: TMS: (03) ¥re (06) Mos (60) Das
TAMS: (02) Yre (04) Mos (20) Dag

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/09.
{Change Discharge to General}
FD2001-0515

Issue 1: I helieve that my former commander went againgt her own words and

tried to make an example out of me to my former squadron.. She had previously
agreed and began the proper process for a discharge of General because of the

situation.

Tgsue 2: I ask that thia board will understand that due to my son's health
issues I made the right decision. My entire file is from bad judgementa only to

help my family.

ATCH
none. .

02/04/23/ia
Pp 240 Ff -OS/S
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 49TH FIGHTER WING {ACC}
HOLLOMAN AIR FORCE BASE, NEW MEXICO

 

13 Sep 00
MEMORANDUM FOR 49 FW/CC

FROM: 49 FW/JA

SUBJECT: pn Review, Administrative Discharge Action — AB Qa.

1. EXECUTIVE SUMMARY: The attached file in the proposed discharge action against

AR ENeR ENE, b.25 been reviewed and found legally sufficient to support

administrative discharge under Al'l 36-3208, Section H, paragraph 5.50.1, for Misconduct -
Discreditable Involvement With Military Authorities, with an under other than honorable
conditions (UOTHC) discharge charactcrization, without probation and rehabilitation (P & R).

2. BACKGROUND:

a. On 30 August 2000, Mjor RRR? MMSS/CC, notified AB (giythat
she recommended he be discharged from the United States Air Force for a pattern of misconduct,
discreditable involvement with military authorities, pursuant to AFI 36-3208, Section H,
paragraph 5.50.1. Major€@jjijiqgarecommends an under other than honorable conditions
(UOTHC) discharge characterization, without P & R. AB @jiacknowledged receipt of the

letter of notification on 30 August 2000.

b. Pursuant to paragraph 6.2.2, respondent is entitled to a board hearing. Thus, this case
is being processed by the procedure in Section C, Chapter 6, AFI 36-3208. AB @Mewas given
written notice of his commander's recommendation for discharge, of the reasons for the

recommendation, and of the least favorable type of separation authorized. ABQ was
. provided with copies of the documents to be forwarded to the separation authority in support of

the recommendation. AB@§@MliPwas also advised of his rights to consult counsel, to submit

statements to the separation authority, and to waive any or all of these rights. AB @@iphas
consulted counsel and has waived his right to a hearing before an administrative discharge board,

ABAGMMRbas submitted statements for the separation authority to consider.

3. PERSONAL DATA:

a. Date and Term of Enlistment: 28 May 1998, 4 years.

Hobal {Poorer fo Atmertea
Pp Zco/-o5/>

b. Total Active Federal Military Service Date: 28 May 1998.
c. Performance Report: 28 May 1998 — 26 February 2000 (2), which was a referral EPR.

4, EVIDENCE FOR THE GOVERNMENT: This discharge recommendation is based on the
following documented acts of misconduct:

a. Respondent did, at or near Holloman Air Force Base, New Mexico, on or about 16
December 1998, at MC reit of aie dishonorably fail to pay his debts, which
were then due and payable, to wit: total loan amount of $145.00 and past due amount of $59.45.
He was also delinquent on his auto loan. For his misconduct, he received a Letter of Counseling
on 22 January 1999,

b. Respondent did, at or near Holloman Air Force Base, New Mexico, between on or
about November 1998 and on or about January 1999, at Personal Credit, Cash and Go, and Best
Choice Financial, dishonorably fail to pay his just debts, which were then due and payable, to
wit: a $145.00 debt at Personal Credit, a $320.00 debt at Cash and Go, and $594.00 in debt at
Best Choice Financial. For his misconduct, he received a Letter of Reprimand on 29 J, anuary
1999.

c. Respondent did, at or near Holloman Air Force Base, New Mexico, on or about
29 January 1999, fail to go at the time prescribed to his appointment with Mr. 0a of the |
Personnel Financial Management Office. For his misconduct, he received a Letter of Reprimand
on 8 February 1999

d. Respondent did, at or near Holloman Air Force Base, New Mexico, between on or
about 18 May 1999 and on or about 13 July 1999, at Best Choice Financial Inc., dishonorably fail
to pay his just debts, which were then due and payable, to wit: $588.28 at Best Choice Financial.
For his misconduct, he received a Letter of Reprimand with a corresponding UII’ action on 19
July 1999.

e. Respondent, being indebted to NationsBank in the sum of $747.81 for government
travel expenses, which amount became due and payable on or about 28 August 1999, did, at or
near Holloman Air Force Base, New Mexico, from on or about 28 August 1999 to on or about 9
_ November 1999, dishonorably fail to pay said debt. For his misconduct, he received nonjudicial
punishment by Artiéle 15, UCMI, with a corresponding UIF action on 2 December 1999.

f. Respondent did, at or near Holloman Air Force Base, New Mexico, on or about
13. December 1999, with intent to deceive, make to his Commander, First Sergeant, and
supervisor, Lt on official statement, to wit: he had paid $647.81 on his NationsBank
account on or about 15 November 1999 and would pay the remaining $100.00 on 15 December
1999, which statement was totally false and then known by him to be so false. For his
misconduct, respondent received a Letter of Reprimand with a corresponding UIF action on 28
December 1999.
f D#OzZ~OSTS

gp. Respondent did, at or near Holloman Air Force Base, New Mexico, on or about -
13 December 1999, with intent to deceive, make to Lieutenant Colonel qq ‘an
official statement, to wit: that he had paid all but $100.00 of the balance due on his NationsBank
Government Card account, which statement was totally false, and was then known by him to be

sO false. For his misconduct, his previously suspended nonjudicial punishment was vacated on 3
January 2000,

h. Respondent did, at or near Holloman Air Force Base, New Mexico, on or-about 16
December 1999, with intent to deceive, make to Second Lieutenant gee. an official
statement, to wit: that he would pay $500.00 to NationsBank immediately and the balance would
be paid the very next pay period, which statement was totally false, and was then known by him
to be so false. Respondent, being indebted to Bank of America in the sum of $489.88, which
amount became due and payable on or about | February 2600, did at or near Holloman Air Force
Base, New Mexico, from 1 February 2000, to 23 February 2000, dishonorably fail to pay said
debt. For his misconduct, he received nonjudicial punishment by Article 15, UCMJ, with a
cotresponding UIF action on 10 March 2000. . .

i. Respondent was, on or about 14 June 2000, at or near Holloman Air Force Base, New
Mexico, derelict in the performance of his duties, in that he negligently failed to make a |
scheduled appointment of which he had knowledge. Respondent did, at or near Holloman Air
Force Base, New Mexico, on or about 14 Tune 2000, with intent to deceive, make to 49
MMSS/CCF an official statement, to wit: he was unaware of this appointment after he had
contacted the Orderly Room Clerk on or about 12 June 2000, to let them know he would bring
over to them an appointment slip at a later time, which was totally false and then known by him |
to be so false. For his misconduct, he received a Letter of Reprimand with a corresponding UIF
action on 16 June 2000. .

j. Respondent did, on or about 5 July 2000, without authority, absent himself from his
place of duty at which he was required to be, to wit: Bldg 933, 49" Matericl Maintenance Group,
lecated at Holloman Air Force Base, New Mexico, and did remain so absent until on or about 12 ,
July 2000. Resporident, did, at or near Holloman Air Force Base, New Mexico, on or about 23
June 2000, with intent to deceive, make to First Licutcnant on the Logistics
Plans Flight Commander, an official statement, to wit:. that he was going to El Paso, Texas, to
pick his son up from the airport, or words to that effect, which statement was totally false and
was then known by him to be so false. For his misconduct, he received nonjudicial punishment
__ by Article 15, UCMI, with a corresponding ULF action on 4 August 2000. t

5. EVIDENCE FOR THE RESPONDENT: Respondent has consulted counsel and has
submitted statements for your consideration. In the statements, AB@MMBex plains that he was
told that if he did not accept an Article 15 and waive his discharge board, that he would be facing
a court-martial. ABMggiifiiiy also discusses his upbringing and explains that during his enlistment
he has been providing financial support for not only his wife and child, but also his mother and
sisters who live in Cincinnati, Ohio.’ Respondent provides his version of the facts surrounding,
much of the misconduct that he has received administrative action for. AB §@@MBrequests that
FD 20-035

i
he receive anything other than a VOTHC discharge so he can leave the Air Force with some
dignity. AB @@Mhas also submitted three character statements for your consideration.

6. DISCUSSION:

a. Basis for Discharge: Respondent has engaged in a pattern of misconduct resulting in
one Letter of Counseling, five Letters of Reprimand (three of which have corresponding UIF
_actions), three Article 15 actions (all with corresponding UIF actions), and a Vacation action.
These incidents of misconduct include numerous failures to go, failure to pay just debts, and
false official statements. These incidents constitute a sufficient basis for discharge. This
discharge action 18 legally sufficient.

b. Appropriateness of Discharge: Respondent’s misconduct, as set forth in paragraph 4
above, does not support continued military service. It demonstrates an unwillingness to comply
with the high standards of personal conduct required of Ait Force members. According to 49
MMSS/CC, AB@@RRMF was sent to the mental health clinic on numerous occasions to ensure that
no psychological reason existed that was causing his continued misconduct. At those times, the
mental health provider did not diagnose AB ith any. mental condition that would explain
his misconduct. Further, 49 MMSS/CC ordered ABSRRrint Holoman’s Motivational Flight
to attempt to rehabilitate him. AB @iRRestayed i in the program for one day, and was then
referred to the mental health clinic because he was acting depressed and despondent. Although
AB §@@iwwas not diagnosed with any mental health disorders, he was removed from
Motivational Flight because of his extreme emotional reaction to the program. Because AB

@RMEMailed to maintain the minimum standards expected of an airman, respondent should be
discharged. ©

c, Characterization of Service: Paragraph 1.18 and paragraph 5.48 of AFI 36-3208
provide that when a member is discharged for misconduct, service may be characterized as
honorable only when the member’s service has been so meritorious that any other
characterization would be inappropriate. An under honorable conditions (general) discharge is
warranted when the member's service has been honest and faithful, but significant aspects of the
member’s conduct or performance outweigh positive aspects of the member’s military record.
Characterization as under other than honorable conditions (UOTHC) is appropriate when the
reasons for separation include a pattern of behavior or one or more acts or omissions that
constitute a significant departure from the conduct expected of airmen. AB $@@MMMehas been
given every opportunity to conform to the minimum standards of conduct required of airmen.

His misconduct includes not only dishonorable failure to pay just debts, but also being absent
without leave, and numerous instances where he lied to his commander, first sergeant, and others
in his chain of command. 49 MMSS/CC was originally contemplating an under honorable
conditions (general) discharge characterization. However, before the paperwork could be
processed, AB@iiicommitted his latest incident of misconduct when - AWOL. Based on this
incident, 49 MMSS/CC wanted to take AB to a court-martial. After consultation with 49
FW/JA, 49 MMSS/CC decided to offer AB S94 nonjudicial punishment and proceed with an
under other than honorable conditions discharge. AB @§i@@MMconduct during his enlistment

- exhibits a pattern of misbehavior that is not deserving of an under honorable conditions (general)
FoZe0/-I5 1S

conditions (general) discharge, The aggregate number of incidents coupled with his flagrant
disregard for authority justify a UOTHC discharge.

d. Probation and Rehabilitation (P&R): Respondent is eligible for P&R under
AFI 36-3208, Chapter 7. P&R is appropriate for airmen who have demonstrated a potential to

serve satisfactorily, who have the capacity to be rchabilitated and whose retention on active duty
in a probationary status is consistent with the maintenance of good order and discipline. Based
on respondent's negative response to past rehabilitative measures, I concur with Maj apr that
AB QBs not a good candidate for P&R. Although AB4iliirwas given increasingly severe
punishment for his actions, he‘continued to ignore military standards. It is not in the best interest
of his unit, or the Air Force, to attempt further rehabilitation. ,

e. Medical Evaluation: At the time of this review, this office has not yet.received a copy
of the separation physical indicating whether or not the respondent is medically qualified for
world-wide service. Such a determination must be accomplished prior to the member’s
separation from the Air Force, Subject to a finding that the member is medically qualified for
world-wide service, the case is legally sufficient to support the recommended discharge.

7. OPTIONS: As the Special Court-Martial Convening Authority, you may:

. a. Direct that respondent be retained if you determine the evidence is insufficient to
support discharge;

b. Reject the waiver and direct that a board hearing be convened;

c. Recommend that 12 AF/CC accept the waiver and separate the respondent with an
honorable discharge, if you determine that an honorable discharge is warranted;

d. Recommend that 12 AF/CC accept the waiver and separate the respondent with an
under honorable conditions (general) discharge, if you determine that an honorable discharge is
warranted;

e. Recommend that 12 AF/CC accept the waiver and separate the respondent with an
under other than honorable conditions (UOTHC) discharge characterization;

f. Direct reinitiation under a more appropriate section of AFI 36-3208, if you determine
_ that this discharge action was processed under an inappropriate section. - A.

8. BARMENT: The nature of the respondent’s misconduct warrants barment of the member
upon his separation from the Air Force. After coordination with 49 MMSS/CCF, I recommend

the barment of AB SRR rom the installation effective upon his discharge.

9. RECOMMENDATION: Recommend that 49 FW/CC sign the proposed letter at Tab 1 that
recommends to 12 AF/CC that he accept the waiver and approve the respondent’s separation
with an under other than honorable conditions (UOTHC) discharge characterization, without
Fpg40/- ODS

probation and rehabilitation, for Misconduct - Discreditable Involvement With Military
Authorities pursuant to AFI 36-3208, Section H, paragraph 5.50.1.

    

} — . Capt, USAF
Assistant Staff Judge Advocate

E concur.

 

Staff J udge Advocate —
| Fp Zcer-O sis
DEPARTMENT OF THE AIR FORCE |

HEADQUARTERS 49TH FIGHTER WING [ACC}
HOLLOMAN AIR FORCE BASE. NEW MEXICO

  

30 AUG 2000

MEMORANDUM FOR AB QgQsaRODaRIGR a naeetaiatnanes

FROM: 49 MMSS/CC
SUBJECT: Letter of Notification

1. 1am recommending your discharge from the United States Air Force for a pattern of
misconduct, discreditable involvement with military authorities. The authority for this action is
AFPD 36-32 and AFT 36-3208, paragraph 5.50.1. If my recommendation is approved, your
service will be characterized as honorable, under honorable conditions (general), or as under
other than honorable conditions (JOTHC). I am recommending that your service be
characterized as under other than honorable conditions (VOTHC) discharge.

2, My reasons for this action are as follows:

a. You did, at or near Holloman Air Force Base, New Mexico, on or about 16 December
1998, at Personal Credit of Alamogordo, dishonorably fail to pay your debts, which were then

due and payable, to wit: total loan amount of $145.00 and past due amount of $59.45. You were
also delinquent on your auto loan. For your misconduct, you received a Letter of Counseling on

22 January 1999. (Atch 1)

b. You did, at or near Holloman Air Force Base, New Mexico, between on or about
November 1998 and on or about January 1999, at Personal Credit, Cash and Go, and Best Choice
Financial, dishonorably fail to pay your just debts, which were then due and payable, to wit: a
$145.00 debt at Personal Credit, a $320.00 debt at Cash and Go, and $594.00 in debt at Best
Choice Financial. For your misconduct, you received a Letter of Reprimand on 29 January 1999.
{Atch 2)

c. You did, at or near Holloman Air Force Base, New Mexico, on or about

29 January 1999, fail to go at the time prescribed to your appointment with Mr@iqRi@Riipet the
Personnel Financia! Management Office. For your misconduct, you received a Letter of

Reprimand on 8 February 1999, (Atch 3)

; be
d. You did, at or near Holloman Air Force Base, New Mexico, between on or about

18 May 1999 and on or about 13 July 1999, at Best Choice Financial Inc., dishonorably fail to
pay your just debts, which were then due and payable, to wit: $588.28 at Best Choice Financial.
For your misconduct, you received a Letter of Reprimand with a corresponding UIF action on 19

July 1999. (Atch 4)

e. You, being indebted to NationsBank in the sum of $747.81 for government travel |
expenses, which amount became due and payable on or about 28 August 1999, did, at or near

Hobal Power for America
FDx00l- 05/5

Holloman Air Force Base, New Mexico, from on or about 28 August 1999 to on or about 9
November 1999, dishonorably fail to pay said debt. For your misconduct, you received
nonjudicial punishment by Article 15, UCMJ, with a corresponding UIF action on 2 December
1999. (Atch 5)

f. You did, at or near Holloman Air Force Base, New Mexico, on or about
13 December 1999, with intent to deceive, make to your Commander, First Sergeant, and

supervisor, LSE an official statement, to wit: you had paid $647.81 on your Nations
Bank account on or about 15 November 1999 and would pay the remaining $100.00 on 15

December 1999, which statement was totally false and then known by you to be so false,

For your misconduct, you received a Letter of Reprimand with a corresponding UIF action on 28
December 1999. (Atch 6)

g. You did, at or near Holloman Air Force Base, New Mexico, on or about
13 December 1999, with intent to deceive, make to Lieutenant Colone. MRD an
official statement, to wit: that you had paid all but $100.00 of the balance due on your
NationsBank Government Card account, which statement was totally false, and was then known
by you to be so false. For your misconduct, your previously suspended nonjudicial punishment
was vacated on 3 January 2000. (Atch 7)

h. You did, at or near Holloman Air Force Base, New Mexico, on or about 16 December
1999, with intent to deceive, make to Second Licutenant@QQRMB an official statement,

to wit: that you would pay $500.00 to NationsBank immediately and the balance would be paid
the very next pay period, which statement was totally false, and was then known by you to be so
false. You, being indebted to Bank of America in the sum of $489.88, which amount becarne
due and payable on or about 1 February 2000, did at or near Holloman Air Force Base, New
Mexico, from 1 February 2000, to 23 February 2000, dishonorably fail to pay said debt. For your
misconduct, you received nonjudicial punishment by Article 15, UCM, with a corresponding
UIF action on 10 March 2000. (Atch 8}

i. You were, on or about 14 June 2000, at or near Holloman Air Force Base, New
Mexico, derelict in the performance of your duties, in that you negligently failed to make a
scheduled appointment of which you had knowledge. You did, at or near Holloman Air Force -
Base, New Mexico, on or about 14 June 2000, with intent to deceive, make to 49 MMSS/CCF an
official statement, to wit: you were unaware of this appointment after you had contacted the
Orderly Room Clerk on or about 12 June 2000, to let them know you would bring over to them
an appointment slip at a later time, which was totally false and then known by you to be so false.
For your misconduct, you received a Letter of Reprimand with a corresponding UIF action on 16

June 2000. (Atch 9)

j. You, did on or about 5 July 2000, without authority, absent yourself from your place of
duty at which you were required to be, to wit: Bldg 933, 49" Materiel Maintenance Group,

jocated at Holloman Air Force Base, New Mexico, and did remain so absent until on or about 12
July 2000. You, did, at or near Holloman Air Force Base, New Mexico, on or about 23 June
2000, with intent to deceive, make to First Lieutenant Tien. the Logistics Plans
FoIeof- 091s

Flight Commander, an official statement, to wit: that you were going to El Paso, Texas, to pick
your son up from the airport, or words to that effect, which statement was totally false and was
then known by you to be so false. For your misconduct, you received nonjudicial punishment by
Article 15, UCMJ, with a corresponding UIF action on 4 August 2000. (Atch 10)

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. 0

3, This action could result in your separation with an under other than honorable conditions
(UOTHC) discharge. I am recommending that you receive a UOTHC discharge. The
commander exercising Special Court-Martial jurisdiction or a higher authority will make the
final decision in this matter. If you are discharged, you will be ineligible for reenlistment in the
Air Force and will probably be denied enlistment in any component of the armed forces and any
special pay, bonus, or education assistance funds may be subjected to recoupment.

You have the right to:

a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.
e. Waive the above rights. You must consult legal counsel before making a decision to
waive any of your rights.

4. You have been scheduled for a medical examination. You must report to Flight Medicine,

Bldg 17, at 0/700 hrs on __"] SSe0 oer the examination.

5. Military legal on Area Defense Counsel, Holloman AFB,
New Mexico, phone 572-8 9B has been obtained to assist you. I have arranged an
appointment for you to consult her at “5/3” hours on 3) August 2000. Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201. In addition to
military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be

readily available.

6. Confer with your counsel and reply, in writing, within 7 workdays, specifying the right you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
L Bp 2@/-O 5 (S-

authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

7. 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 office of the Area Defense Counsel.

8. If you request a board hearing and you fail to appear without good cause, your failure to
appear constitutes a waiver of your right to be present at the hearing.

9. The discharge board or the discharge authority will make the findings and recommendations
required under 10 U.S.C. 2005(g). .

10. You must execute the attached acknowledgment and return it to me immediately. The
acknowledgment does not admit or deny any of the allegations against you, nor does it mean that
you agree with the discharge action. It is simply an acknowledgment that you have received this
Letter of Notification. —

 

Commander

Attachments:
1. Letter of Counseling, 22 January 1999
2. Letter of Reprimand, 29 January 1999
3. Letter of Reprimand, 8 February 1999
4, Letter of Reprimand w/UIF 19 July 1999
5. Article 15 w/UIF, 2 December 1999
6. Letter of Reprimand w/UIF, 28 December 1999
7. Vacation Action, 3 January 2000
8. Article 15 w/UIF, 10 March 2000
9. Letter of Reprimand w/UI, 16 June 2000
10. Article 15 w/UIF, 4 August 2000 ca