AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    

.NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

   

 

RECORD REVIEW

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

     

 

 

 

 

 

 

 

 

 

 

  
 
  

ISSUES

A94.05

   
  
   
 

INDEX NUMBER

A70.00

ee VOTE ORME BOARD
Be ne ce nk eS he
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
—
x
Xx
x
x

 

 

 

 

 

 

 

FFSSUBMITTED TOTHE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

 

 

 

 

 

 

 

 

CASE NUMBER

FD-2002-0020

HEARING DATE

20 Aug 2003

    
  
  

submit an application to the AFBCMR

SIGNATURE

ECORDER

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

ATTACHED AIR

Lo

   

  

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

    

eee

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE
FORCE DISCHARGE REVIEW BOARDDECISIONAL RATIONALE) es

 

 

 

  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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 FD-2002-0020

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 available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of Discharge to Honorable is denied. However, the discharge is upgraded to General.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant resigned in lieu of a Court Martial. The charges preferred against the applicant were for making a
false claim and then lying about it. The Board opined that the UOTHC discharge the applicant received was
too harsh and thought the discharge should have been more appropriately characterized as General.

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 further concludes that the overall quality of
applicant’s service is more accurately reflected by a General discharge. The applicant’s characterization
should be changed to General under the provisions of ‘Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2002-0020
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee, (Former MAJOR) (HGH MAJOR)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 00/04/28 UP AFI 36-3207
(Resignation in Lieu of Court Martial). Appeals for Honorable Disch.

a. BACKGROUND:

a. DOB: 57/11/17. Enlmt Age: 29 7/12. Disch Age: 42 5/12. Educ: Doctor.
AFOT: N/A. A-N/A, E-N/A, G-N/A, M-N/A. PAFSC: 43H3 ~- Public Health.
DAS: (OPR Indicates): 98/02/22-99/02/01.

b. Prior Sv: (Examiner's Note: Statement of Service shows that this
applicant served in the U.S. Army Reserve from 91/09/01-97/02/04. This
is not indicated on the DD Form 214).

{1) Appointed to 1Lt and ordered to EAD USA 87/07/08. Svd:
4 yrs 2 months 2 days, of which AMS is 4 yrs 1 month 23 days.

(2) Enlisted as Major USAR 95/01/26. Svd: 2 yrs 0 months 9
das. (Inactive)

(3) Transferred to USAFR 97/02/05. Svd: 16 days. (Inactive).
Captain - 87/04/08. Major 0 94/11/16.

3. SERVICE UNDER REVIEW:

a. Transferred to USAFR as Major for EAD 97/02/22. Svd: 3 Yrs 2 Mo 7 Das,
all AMS.

b. Grade Status: none.

c. Time Lost: none.

d. Art 15’s: (1) none.

e. Additional: none.

f. CM: none.

g. Record of SV: 97/02/22 - 98/02/21 Brooks AFB MS (Annual)
98/02/22 - 99/02/21 Randolph AFB MS _ (Annual)
99/02/22 - 99/09/01 Randolph AFB MS _ (HAF Dir)

(Discharged from Randolph AFB)

h. Awards & Decs: JSAM, JMUA, NDSM, AFEM, SWASM W/1 DEV, AFLSAR, AFTR,
FD2002-0020

ASR.

i. Stmt of Sv: TMS: (9) Yrs (5) Mos (4) Das
TAMS: (8) Yrs (3) Mos (5) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/01/08.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

DAV Letter of Support, 14 Nov Ol.

Two Applicant Letters to the Discharge Review Board.
- VA Form 21-22, 29 Aug O01.

. Applicant Letter to the DAV, 28 Aug O01.

. Applicant Letter to the VFW, 21 Jan O01.

DD Form 214,USAF.

DD Form 214,USA.

Honorable Discharge (Army) .

Two Letters of Recommendation.

0. Index of Exhibits.

Poon DO PWN

02/05/07/ia
FV Ke0R-O0L:.

 

 

 

 

 

   
    

 

 

: , . CHARGE SHEET. ;
‘ _ : |. PERSONAL DATA : . . mo, rf
1. NAME OF ACCUSED (Last, First; Mil | 2. SSN oe - {3. GRAQE OR RANK | 4. PAY GRADE
eer ina : | _ 4 Major 0-4
‘| se: “UNIT OR ORGANIZATION | . , : : - - “| 6, CURRENT SERVICE
_ | P2th. Aeromedical Dental Squadron (AETC) SO ye a. INITIAL DATE. .
- | Randolph Air Force Base, Texas 78150 _ oe oo 22 Feb97 |]:
|) 7. PAY PER MONTH. 8. NATURE OF RESTRAINT OF ACCUSED 9. DATEISHIMPOSED. |

    
  
 
  

 

 

 

   

a. BASIC ("|| . ‘bi SEA/FOREIGN DUTY + |") c: TOTAL

 

  
   
    
 
  

$4,071.% -
il. CHARGES AND SPECIFICATIONS
VIOLATION OF THE UCMJ, AATICLE 132

$9.00

  
     

10. + GARG:

   

   

“SPECIFICATION:

In that Major SaRRRRNRANMEPL ited States Air Force, 12th éfomiedical Dental Squadron, did, al Or near Randolph Air
Force Base, Texas, on or about 12 April 1999, by. signing Standard Form 1164 (Claim for Reimbursement for. Expenditures on

Official Business):and presenting it for payment, make a claim against the United States in the amount of $2,250.00 for
reimbursement of tuition and education expenses, which claim was false and fraudulent i in the amount of $1,380.96 in that Major
Wee had not paid $2,250.00 in tuition and education expenses as claimed but rather had paid only approximately $869.04
and such. claim was then known by the said Major to be false and fraudulent.

 
       
     
  
   

 

  

CHARGE nl; VIOLATION OF THE UCM], ARTICLE 107-

SPECIFICATION: In that M3jor SARIN U ited States Air Force, 12th Aeromedical Dental Squadron; did, at or
near Randolph Air Force Base, Texas, on or about 12 December 1998, with intent to deceive, make to 12 MSS/DPE an official

statement, to wil: that his tuition expenses for the fall 1998 semester at the University of Texas Heath Science Center were
$1,590.00, and was then known by the said Major Westover to be so false. :

 

    
   
   
  
   

 

i, PREFERRAL

 

c, ORGANIZATION. OF ACCUSER |
12th Aeromedical Dental Squadron

    
 

Va. NAME OF ACCUSER (Lest. First, Mi!

  
 
 

  

AFFIDAVIT: Before me, the ‘undersigned, authorized by law to acminister oaths in cases of this character, personally appeared the

above named accuser this Als + day of Ockose( 19 AA . and signed the foregoing charges and specifications
under oath that heishe i is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge al
or has investigated the matters, sat forth therein and that the same are true to the best of his/her knowledge and beliel. ‘

. 12’ Flying Training Wing - a 45

Typed Name of Officer “ "Organization of Officer

CAPTAIN Judge Advocate :
"Grade : - Official Capacity to Administer. Oath :
: . (See R.C.M. 307{b]--must be commissioned officer!

   

 

    
     

 

     
     

 

 
  

 
   
   

DD FORM 458, AUG 84 (EF-V7) (PerFORM PROL | COrTION OF OCT 69 1S OBSOLETE.
"rehabilitation potential. ] recommend the charges be referred to trial by general court- martial:

FDR A00L~ wen

" ist Ind, DD Form 458, Charge Sheet, dated 2) Oct 99, ‘jabato, 12th oe
- Aeromedical Dental Squadron/SGGM, Randolph AFB TX .

“12 ADSICC | feos ke 81 October 1999
“TO: 12 erwicc

Since Major ewe :312 at Randolph Air Force Base he has performed i ina very
commendable and conscientious manner. He has made major contributions to the anthrax

immunization program and the Occupational Health Working Group. He recently conducted a
timely investigation into a foodborne disease outbreak. He was the 12 FTW Coordinator for —

~~ Randolph’s. 1998 Retiree’s Day activities. He has a positive attitude and has excellent

- The evidence is attached and supports the charges. . Due to the nature of the charges, I do not
believe retention’on active duty is appropriate if he is convicted. The accused is not. subject { to

. _ the restrictions identified i in AFI3 31- 501, paragraph 8.14.

7. USAF, DC.

_ Commander, 12th Aeromedical-Dental Squadron:

"Attachments -
TS: Personal Data Sheet .
. ” 2 Supporting Evidence
Disabled American Veterans
National Service Office

VA Regional Office ¢ 155 Van Gordon Street « Box 25126 # Denver, CO 80225
(303) 914-5570

   

November 14,2001

701 Bentley Place
Fort Collins, CO 80526

The Honorable Members of the Board:

On behalf of the above mentioned former service member (FSM), we are
requesting a discharge upgrade to reflect an honorable discharge. The FSM
served the US Air Force as a Public Health Officer from February 22, 1997
to April 28, 2000. He received a discharge of under other than honorable
conditions. It is our contention that this discharge was unjust and
inappropriate. We are seeking an upgrade due to the inequitable outcome of
the prior discharge.

The evidentiary record indicates that the FSM was pursued with the charge
of fraud. This evolved from a tuition assistance program that he was

involved in at Randolph Air Force Base during 1999. The FSM submitted a
receipt for reimbursement for his classes. At the time of original receipt he

was charged out-of-state tuition. He then received a new receipt showing

that he was being charged in-state tuition. The FSM submitted this as well.

He was then accused of defrauding the government. However, the FSM

never received any monetary amounts for his reimbursement. Therefore no
fraud was committed.

The FSM continues to voice the fact that no intent to fraud or actual fraud
was committed. We contend that the evidence and regulations were unjustly
used against the FSM to the extent of a once impending court martial.
During his military career, the FSM was instrumental in developing and
implementing a surveillance system that tracked diseases that confronted
over 24,000 service members deployed in the Middle East. Subsequently,
he was responsible for reporting the health status of service members to the
Senate as well to ranking members of CENTCOM and the Pentagon. The
FSM also was a key member in developing the tracking systems of the
Anthrax Vaccine Implementation Program.

Personally, the FSM had hardship to deal with in reference to his wife’s
dehabilitating medical condition. The FSM, however, continued to reflect
excellence upon the US Air Force and himself by his unwavering
commitment to his service, his country, and his family.

Currently the FSM is pursuing doctoral studies at the University of
Colorado, Health Science Center. He continues to be leader in his
community and his family. His records indicate that his professionalism and
expertise continue to shine as they did in the US Air Force.

We respectfully request that the Board review all evidence of record. The
FSM’s record displays that his service was meritorious and honorable. We
request that the FSM receive a discharge upgrade based on equity. We
request that his discharge reflect his courage, commitment, and character,
and that is honorable.

Respectfully yours,

—_—

   

National Service Officer
PPP2002 ~o0 20

 

September 18, 2001
Dear Sir/Madam:

I am asking that my characterization of discharge be upgraded to that of honorable or general
_ under honorable conditions. I believe that my prior service record and the efforts ] have taken
since my discharge have and will continue to support my request.

I have served my nation as an officer within the Army Veterinary Corps (July 1987 ~ January
1997) and as a Public Health Officer in the United States Air Force (February 1997 — April
2000). I received an Honorable Discharge upon my release from the Army, but my discharge
from the USAF has been categorized as “other than honorable.” This was a result of a charge
made against me associated with a claim for tuition assistance made at Randolph Air Force base
during the first months of 1999. The base legal office pursued the charge of fraud to the extent
where I was encouraged to submit a Resignation in Lieu of (RILO) an impending court martial.
I submitted this RILO only after considering the issues of my wife’s medical conditions and the
availability of legal representation on my behalf.

I maintain that I have never committed any act of fraud against the Air Force or the United States
government. It was my action to research and submit a revised claim that initiated the action
taken by the base legal office in the first place. I never received or accepted a reimbursement or
monetary award for the education J undertook during my active duty service, and yet these
accusations effectively ended my career.

During this career I made positive contributions to the Air Force community. I developed and
implemented a surveillance system to track diseases confronting over 24,000 multi-service
members deployed to the Middle East, and subsequently reporting the health status to members
of the Senate as well as to ranking members of CENTCOM and the Pentagon. During my
deployment in 1998, I assisted in the development of tracking systems to support the Anthrax
Vaccine Implementation Program (AVIP). My ability to develop similar programs improved the
compliance of the AVIP at Randolph AFB, and streamlined the pre-deployment requirements for
all outgoing members.

I also enjoyed opportunities to serve the non-military members of the Air Force community. I
take great satisfaction for establishing a youth soccer program for the Randolph and Brooks AFB
youth centers. I coached these young players and served as the league commissioner, budgeting
supplies, scheduling games, preparing facilities, and recruiting Air Force service members as
coaches and mentors. .

I continue to serve within the realm of my professional training as I did during my uniformed
service, as a Public Health officer. I am now undertaking my long-standing goal I gaining an
academic proficiency in disease surveillance and prevention. As of August 2000, I have begun
my doctoral studies at the University of Colorado, Health Science Center. I intend to complete
the requirements for a PhD in Epidemiology by 2004, and I will continue to serve as an advocate
FD 2202-008 BS

of disease prevention and community health initiatives. I did this as an officer and commander
of the Public Health organization at Randolph Air Force base from 1997 to 2000.

I continue to be active within community programs, especially those that serve our youth. As I
had developed the youth soccer programs for the Randolph youth center, I remain involved as a
coach and advisor to the Fort Collins Youth programs. I still encourage neighborhood-based and
informal play of soccer, baseball and other youth centered sports. I have recently become
involved with the scouting organizations of this community, and I enjoy the opportunity to
organize hikes and river rafting trips for young outdoor enthusiasts.

I continue to manage as best I can the medical needs of my wife, as she had been diagnosed with
multiple sclerosis shortly after I entered active duty service with the Air Force. This present
environment affords her the best medical and environmental conditions possible for a disease
without cure. She has once again found employment within the professional capacity she once
enjoyed prior to being diagnosed with this progressive disease, and I hope my post-graduate
work may someday help in assessing new prevention and treatment strategies.

I have tried to build on the goals associated with my career and community since my departure
from the Air Force. I thoroughly enjoyed working and living as a member of the Air Force
community, and as an officer fortunate to have worked along side the top-notched enlisted and
officer colleagues during the three years I served at Randolph Air Force base.

I ask only that my contributions and service record be weighed against the questionable evidence
associated with the charges made against me during my last months of active duty service. I ask
that may discharge as “other than honorable” be upgraded appropriately.

Thank you for your consideration with my request.

Sincerely

sation