AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

X PERSONAL APPEARANCE RECORD REVIEW

| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

  

 

 

 

MEMBERS SITTING

 

 

 

ce EXHIBITS SUBMITTED TO. THEBOARD ::
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

ISSUES INDEX NUMBER

A92.01 A67.30

   
 
 
  

  

LETTER OF NOTIFICATION

CASE NUMBER BRIEF OF PERSONNEL FILE

FD2002-0073 COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

  
 

HEARING DATE

3 JUN 03

    
 
    

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS -
Case heard at Scott AFB, Hiinois.

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

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 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 FD2002-0073

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

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 as well as a change in Reason and Authority
and a change to the RE Code.

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 a General Discharge for Misconduct — Commission of a
Serious Offense. Applicant received a Special Court Martial for failure to obey a lawful written order,
being willfully derelict in the performance of his duties, wrongfully endeavor to impede an investigation of
himself and others, and with intent to deceive, make a false official record. Applicant admits that he made a
mistake but that he excelled above his peers while serving in the Air Force. 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:
Examiner's Brief
FD2002-0073
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ES (Former A1C) (HGH SRA)

1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/01/03 UP AFI 36-3208,
para 5.52 (Misconduct - Commission of a Serious Offense). Appeals for Honorable
Discharge, Change in Reason and Authority for Discharge, and to Change the RE

Code. Disch.

2. BACKGROUND:

a. DOB: 73/03/10. Enlmt Age: 18 6/12. Disch Age: 22 9/12. Educ:HS DIPL.
AFQT: N/A. A-54, E-62, G-68, M-43. PAFSC: 3P051 - Security Journeyman.
DAS: 94/07/01.

b. Prior Sv: (1) AFRes 91/09/30 - 92/04/28 (6 months 29 days) (Inactive) .

(2) Enlisted as AB 92/04/29 for 4 yrs. Svd: 3 yrs 2 months
14 days, all AMS. AMN - 92/10/29. Al1C - 93/08/29. SRA - 94/10/29. EPRs: 5,5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SrA 95/07/14 for 4 yrs. Svd: 00 Yrs 05 Mo 20 Das, all

b. Grade Status: Alc - 95/12/14 (SPCMO No. 1, 95/12/14).

c. Time Lost: none.

d. Art 15’s: none.

e. Additional: none.

£. CM: Special Court Martial Order No.1 - 95 December 14
CHARGE IT. Article 92. Plea: Guilty. Finding: Guilty.
Specification 1: Did, at Missile Site K-O, Grand Forks AFB, ND,

- on or about 10 Jul 95, fail to obey a lawful written order.

Plea: Guilty. Finding: Guilty.
Specification 2: Was, at Missile Site K-0O, Grand Forks AFB, ND,
on or about 10 Jul 95, willfully derelict in the performance of

duties. Plea: Guilty. Finding: Guilty.

CHARGE II. Article 134. Plea: Guilty. Finding: Guilty.

Specification: Did, at Grand Forks AFB, ND, on or about 10 Jul 95
and continuing until on or about 20 Sep 95, wrongfully endeavor to
¥

 

FD2002-0073
impede an investigation of himself and others.
CHARGE III: Article 107. Plea: Guilty. Finding: Guilty.

Specification: Did, at Missile Site K-0, Grand Forks AFB, ND, on
or about 10 Jul 95, with intent to deceive, make a false official
record. Sentence adjudged on 14 Nov 95: Reduction to A1C and a
reprimand.

g. Record of SV: 93/12/30 - 94/12/29 Grand Forks AFB 5 (Annual)
(Discharged from Grand Forks AFB)
h. Awards & Decs: AFTR, NDSM, AFGCM.

i. Stmt of Sv: TMS: (04) Yrs (03) Mos (04) Das
TAMS: (03) Yrs (08) Mos (05) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/19.

(Change Discharge to Honorable, Change Reason and Authority for Discharge,
and Change the RE Code)

Issue 1: This is a request for an upgrade from my General Discharge Under
Honorable Conditions to an Honorable Discharge. I excelled above my peers while
serving in the United States Air Force and have sufficient documentations that
show that I took serving our country seriously. I made a mistake from which I
have learned and to this day I am still remorseful for disappointing my fellow
servicemen and servicewomen. Please look carefully at what my pattern of
conduct was while in the service. This request is not a request so that I can
use to my advantage in future careers but rather to get what I feel that I
deserve and strongly desire. That mistake has weighed heavily on my conscious
since the day it happened and would definitely make a better decision if I could
do it over again. IJ feel truly lucky to live in this country and would jump at
the chance to serve in the military again if given the opportunity. Please

consider all of the positive I accomplished while in the military when making a
decision.

I am now 28 years old and have been out of the military for 6 years. I have had
1 employer since I was discharged and have served my employer with loyalty like
I feel I did for the Air Force and I have found success in every task given to
me. Please feel free to call my home at --------- if you have questions of me.
Thank you for your time and consideration.

ATCH
1. Applicant's Issues with 57 attachments.

02/06/04/ia
Pp2edz2- C075

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 319%H AIR RECUELING WING (AMC)
GRAND FORKS AIR FORCE BASE, NORTH DAKOTA

 

22 Dec 95

MEMORANDUM FOR 319 ARW/CC

FROM: 319 ARW/JA

SUBJECT: Legal Review Of Discharge - AC aieiaeaee AFSPC)

1. IL reviewed and found legally sufficient the attached AFI 36-3208 discharge package contingent upon
inclusion of a medical report clearing the respondent for separation. The respondent is eligible for
discharge per AFI 36-3208, paragraph 5.52 (Commission Of A Serious Offense).

2. 448 MS/CC initiated action to administratively discharge Al CQiji@hon 18 Dec 95 due to his
commission of a serious offense according to AFI 36-3208, paragraph 5.52.3. On or about 10 Jul 95,

Al GQ wrongfully admitted two unauthorized civilian women into the restricted area at Missile Site
Kilo-0. In so doing, he violated a lawful written order, and was willfully derelict in the performance of
his duties by both admitting the unauthorized women into the restricted area and failing to report their
presence to his superiors. He made a false official record by failing to record the entry of the
unauthorized civilian women in his Flight Security Controller (FSC) security police desk blotter. Finally,
he obstructed justice by attempting to impede the investigation of the incident by communicating a request
to others involved to keep quiet and deny everything about the security breach.

3. ALC §jPpled guilty in a special court-martial on 14 Nov 95. His sentence consisted of a reprimand
and a reduction to his current grade of Airman First Class.

4, AIC WRBis subject to discharge for commission of a serious offense per AFI 36-3208, paragraph
5.52.3. This basis requires that the member commit an offense for which a punitive discharge would be
authorized under the Manual for Court-Martial. The evidence establishes that A] C@ipcommitted
offenses in violation of Articles 92(2), 92(3), 107 and 134 of the Uniform Code of Military Justice
(UCM5S). As described above, he violated a lawful written order and he was willfully derelict in the
performance of his duties. He then made a false official record about the events, and later tried to impede
the investigation of the incident. Each of these Articles of the UCMJ authorizes a punitive discharge.
Because A1C committed offenses for which punitive discharges are authorized, this discharge is
appropriate under AFI 36-3208, paragraph 5.52.3.

5. The respondent is 22 years old and began his current enlistment on 14 Jul 95. His total active federal
military service date is 29 Apr 92. He has received two EPRs, each rating him an overall 5. The
respondent consulted counsel and submits a response to this action. In his response, he recounts the
events associated with the missile site incident, and describes his successful military career. He says he
believes he has the potential to succeed in the Air Force and has much to offer; He apologizes and feels.
the punishment he has already received is sufficient for his offense. He asks to make a personal
appearance before you so you can see who he is and what he is like. Finally, he asks that if you decide to
discharge him that his service be characterized as honorable. AlC MM included another copy of his
court-martial clemency package in support of his discharge reply.
[PD 2902-0275

6. The respondent's misconduct by his commission of serious offenses are significant negative aspects of
his service record which outweigh any pcriods of satisfactory duty performance. Although he has a
strong military record, this cannot overcome the gravity of his offenses. ‘The respondent should be
discharged and a general discharge would be appropriate.

7. If you determine that the allegations against the respondent support discharge and that he should be
discharged, you must decide whether or not his discharge should be suspended for a period of probation
and rehabilitation (P&R). P&R is appropriate when it appears that the affected airman can change his or
her pattern of behavior. In this case, A1C Sj misconduct is so serious that his return to the squadron
would be harmful to morale and discipline. He has blatantly violated four punitive articles of the UCMJ
by his misconduct. I do not recommend that this respondent receive P&R.

8. As SPCM separation authority, you may:
a. Terminate this action and retain the respondent;

b. Approve the respondent’s separation with a general discharge with or without probation and
rehabilitation;

c. Forward the case to 21 AF/CC recommending separation with an honorable discharge with or
without probation and rehabilitation; or

d. Direct reinitiation of the action if you determine that an under other than honorable conditions
discharge is the only appropriate service characterization in this case.

I recommend you approve the respondent’s separation with a general discharge without probation and
rehabilitation. I also recommend you do not grant his request for a personal meeting with you.

— Capt, USAF

Chief, Military Justice
I concur.
Staff Judge Advocate
FRACGO2- JOT73
DEPARTMENT OF THE AIR FOF. ;
3215T MISSILE GROUP (AFSPC)

 

or cq
MEMORANDUM FOR A1C QUININE IB

FROM: 448 MS/CC

SUBJECT: Notification Letter

1. Tam recommending your discharge from the United States Air Force for the commission of a
serious offense. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.52.
If my recommendation is approved, your service will be characterized as Honorable or General.
IT am recommending that your service be characterized as General.

2. My reasons for this action are:

On or about 10 Jul 95, you failed to follow a lawful written order issued by the
Commander, Grand Forks AFB, ND, in Base Instruction 31-101, by allowing two unauthorized
civilians to enter a restricted area of the Missile Alert Facility (MAF) at K-0. You were derelict
in the performance of your duties when you willfully failed to keep unauthorized civilians out of
the restricted area of the MAF and to report the presence of such persons to your superiors. On
or about 10 Jul 95, you made a false official record by failing to enter the unauthorized entry of
the two unauthorized civilians on the security police blotter. On or about 10 Jul 95 and
continuing to on or about 20 Sep 95, you tried to impede an investigation by communicating a
request to deny everything about the security breach. You were found guilty of this misconduct
in a special court-martial on 14 Nov 95, and sentenced to a reprimand and reduction to Airman
First Class.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The Commander exercising SPCM jurisdiction or 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.
You have been scheduled an appointment at the Office of the Area Defense Counsel at Building
216 on [Spec at 4400 hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 2A1pecA" at 12.4 S hours unless you request
and receive an extension for good cause shown. I will send them to the separation authority.
“

Fp 2002-2027 5

6. If you fail to consult counsel or to submit statements in your own 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 to the 319th Medical
Group on 2o9K*%t 0770 hours for the examination.

8. Deliver to me immediately your military identification card and those of your dependents, I
have requested that temporary identification cards be issued IAW AFI 36-3001, paragraph 4.2.

You will report to me by COB(99&F5" to verify that issuance of Temporary Identification Card(s)
has been accomplished.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as
explained in the attachment to this letter. A copy of AFI 36-3208 is available for your use in the
squadron orderly room.

10. Execute the attached acknowledgment and return it to me immedigtgly.

 
 
   

MP rnander, 448 MS

4 Attachments:
1. Privacy Act Statement

2. Supporting Documents

SPCMO No. | dated 14 Dec 95
3. Respondent’s Tab
4. Personnel Data