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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

  
 
 

 

   

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC iin
TYPE
UOTHC PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

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ISSUES INDEX NUMBER

  
   
 
  
  
   
 
  
  

ORDER APPOINTING THE BOARD

 

 

 

A93.09, A93.11, A94.05 A47.00 1
2 APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

03-01-10 FD2002-0235 ro

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

      

   

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APPLICANT'S ISSUE AND THE 8G} RATIONAL ARE DISCUSSED ON THI
7 OR REE ce = OE TE OU he ees es

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REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, FE WING, 3°” FLOOR

ANDREWS AFB, MP 20762-7002

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 902.0235

GENERAL: The applicant appeals for upgrade of discharge to general, under honorable conditions.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this night.

The attached brief contains 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 that would justify a change of discharge.

Issues. Applicant was discharged for commission of a serious offense, and received an under other than
honorable conditions characterization of service. Member received an Article 15 for wrongful use of his
government travel card for personal purposes, and failure to pay the resulting debt of over $7,400.00.
Applicant now contends he misused the card due to some deaths in his family and the necessity to travel
home from overseas, and assist with the funeral expenses. He further states after telling his supervisor he
didn’t have the money to get home, his supervisor gave him no guidance. At the time of the Article 15,
member stated the main reason he misused the card was due to his wife becoming unemployed and they
needed the money to live on, in addition to the deaths in his family occurring. At the time of the discharge
member submitted an unconditional waiver of his right to a board hearing. The board noted member had
several Enlisted Performance Reports from the period of enlistment under review as well as a previous one,
that were referrals due to repeated financial irresponsibility that predated the incident for which he received
the Article 15. Member was age 18 to 23 when his misconduct occurred, essentially the same age as other
airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did
not know right from wrong. Member had ample opportunity to change his negative behavior and was either
unwilling or unable to do so. Therefore, the Board found the record supports the characterization of service
received.

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
FD2002-0235

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

(Former A1lC) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 95/04/11 UP AFI 36-
3208, para 5.52.3 (Misconduct - Commission of a Serious Offense). Appeals for

General Disch.
2. BACKGROUND:

a. DOB: 71/11/29. Enlmt Age: 17 2/12. Disch Age: 23 4/12. Educ:HS DIPL.
AFOT: N/A. A-77, E-38, G-46, M-42. PAFSC: 3P151 - Combat Arms Maintenance and

Training Journeyman. DAS: 93/05/09.

b. Prior Sv: (1) AFRes 89/02/15 - 89/11/01 (8 months 17 days) (Inactive).

(2) Enlisted as A1C 89/11/02 for 4 yrs. Extended 92/07/24

__for 5 months. Svd: 3..yrs—3-months--1_days,—all-AMS.—SRA  -—92/09/16:>—EPRs + 353.77"

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 93/02/03 for 4 yrs. Svd: 02 Yrs 02 Mo 09 Das, all
AMS.

b. Grade Status: Al1C - 94/11/21 (Article 15, 94/11/21)

c. Time Lost: none.

d. Art 15's: (1) 94/11/21, Whiteman AFB, MO - Article 121 & 134. You,
did, 5 Jul 94, to on or about 26 Aug 94, wrongfully
appropriate $7,447.43 in United States currency, a

 

 

 

_ _ ___ value of. $7,447.43, the property .of_------= ~—You,—_did,
between on or about 5 Jul 94 and on or about 26 Aug 94,
with intent to defraud, falsely pretend to ------ that
you were using your ------- Card for official

Government Travel, then knowing that the pretenses were
false and by means thereof wrongfully and unlawfully
obtain from ------- ATM cash withdrawal services a
value of $7,447.43. You, being indebted to ------- in
the sum of $7,447.43 which amount became due and
payable on or about 26 Sep 94, did, on or about 26 Sep
94, dishonorably fail to pay said debt. Reduction to
Alc, and suspended forfeiture of $250.00 per month for
two months. (No appeal) (No mitigation)

e. Additional: none.

—. CM: none.
FD2002-0235

g. Record of SV: 92/07/06 - 93/03/12 RAF Mildenhall 3 (CRO)
93/03/13 - 93/06/15 Whiteman AFB 4 (Cmdr Dir) REF
93/06/16 - 94/06/15 Whitemand AFB 5 (Annual )

(Discharged from Whiteman AFB)

h. Awards & Decs: AFTR, NEPM, SAEMR W/1 DEV, AFLSAR, NDSM, AFGCM, AFOUA
W/2 DEVS, AFAM.

i. Stmt of Sv: TMS: (06) Yrs (01) Mos (27) Das
TAMS: (05) Yrs (05) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/28.
(Change Discharge to General)

Issue 1: I served a total of 6 years and 3 months in the Air Force. I
received an Other Than Honorable Conditions discharge. The reason for this
discharge was due a unauthorized use of a military issued ---------- card. My
grandmother had passed and I was granted leave to go home from an overseas
location. At the time I did not have the money to travel home and the ticket
was $1,256.79 round trip to get home. I discussed the trip with my supervisor. ..---——-
at the time and he had no idea on what I should do. Therefore I charged the
plane ticket using my --+--~---- card. When I returned off leave I informed my
supervisor of what I had done. A few months later the military told me that I
had used the card without being TDY, which I understood. I was demoted in rank
and removed from my unit to pick up trash and clean up the base until further
notice. After several months I was then discharged from the military under
other than honorable conditions. While in the Air Force I received numerous
awards such as 2 good conduct medals and an Air Force Achievement Medal for
rendering first aid on a crash scene. I also served two tours in Operation
Desert Shield/Storm from Auqust 1990 to February 1991. I understand what I did
was wrong but I had to get home and there was no other way. I feel my service
in the military was very honorable except for one mishap. Since then I have

 

 

paid the debt to the -----~----- Card Company. There is nothing more I can ad

(sic) to this statement. My supervisor's name who was aware of this whole case. _
“fs ssgt=-7-"27"T could not locate him to get a statement at this time. Thank
you.

ATCH

1. Applicant's Issues.

02/09/05/ia
fp 2202 02S

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 509TH BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

21 MAR 1995

MEMORANDUM FOR 509 BW/cCc
FROM: 509 BW/JA

SUBJECT: Final Legal Review, AFI 36-3208, Administrative Discharge Case

egg 509 SPS

1. BASIS OF ACTION: The respondent's squadron commander initiated discharge
action under AFI 36-3208, paragraph 5.52.3, for Commission of a Serious
Offense. He recommends an under other than honorable conditions discharge
without probation and rehabilitation.

2. EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to
substantiate discharge under paragraph 5.52.3. Specific instances of the
respondent's commission of a serious offense include:

 

 

a. On 26 September 1994, he did dishonorably fail to pay a just debt of
$7,447.43 to the American Express Travel Card Company.

b. On or about 5 July 1994 to on or about 26 August 1994, he did

with intent to defraud, misrepresent to the American Express Travel Card
Company the use of his Government Issued American Express Travel Card as
Official Use when the actual circumstances were purely personal in nature.

3. EVIDENCE FOR THE RESPONDENT: The respondent is 23 years old. He has been
in the Air Force for 5 year and 3 months. He has had 5 enlisted performance
reports. He is entitled to wear the Air Force Achievement Medal, the Air
Force Good Conduct Medal, the Small Arms Expert Rifle Ribbon (1 OLC), the Navy
Expert Pistol Medal, the Air Force Longevity of Service Award, the Air Force
Outstanding Unit Award (2 OLC), the National Defense Service Medal and the Air

 

 

 

 

Force Training Ribbon.

4. DISCUSSION: The respondent was initially notified of this discharge
action on 4 January 1995. At that time, the characterization of discharge was
recommended as Under Other Than Honorable Conditions. On 1 March 1995, lh

@OAMEMMMeubmitted an unconditional waiver of the rights associated with an
administrative discharge board.

ees conduct during his Air Force career hag been marginal, with various
incidents of financial irresponsibility that are of a nature to place his
ability to serve satisfactorily in doubt. These incidents display a total
disregard for Air Force standards and a lack of integrity on the part of the
respondent. ein obatained approximately $7,447.43 worth of Automatic
Teller Sevices from the American Express Travel Card Company. Over the past
six months, he has not made any attempt whatsoever to pay this debt after it
became due. The scope of this misconduct is severe, and the damage to the
image and reputation of the Air Force has been substantial. His offenses are
a serious departure from the standards of good order and discipline, and falls
within the parameters of conduct that may be defined as under other than
honorable conditions. Furthermore, the severe nature of these offenses
indicates the respondent lacks the potential to serve satisfactorily, and
— Pp2ec02-O23S-

lacks the capacity to be rehabilitated. It is appropriate that he return to
civilian life with the stigma of discharge for cause.

5. TIMELINESS: The triggering event in this case is the Notification Letter,
dated 4 January 1995.

6. DISPOSITION ALTERNATIVES: You, as special court-martial convening
authority may:

(a) reject the unconditional waiver and tell the respondent that an
administrative discharge board will be convened to hear this case; or

(b) recommend acceptance of the unconditional waiver and that the
respondent be separated with an under other than honorable conditions
discharge, with or without an offer of probation and rehabilitation and
forward this recommendation to the general court-martial convening
authority for his action;

(c) recommend acceptance of the unconditional waiver and that the
respondent be separated with an honorable or a general discharge, with or
without an offer of probation and rehabilitation and forward this
recommendation to the general court-martial convening authority for his
action;

 

7. LEGAL SUFFICIENCY: This case file is legally sufficient to support
action under AFI 36-3208, para 5.52.3. When the case file contains
documentation to indicate the respondent is medically qualified for discharge,
the file will be complete. °

8. RECOMMENDATION: I recommend you forward the respondent’s unconditional
waiver to the General Court-Martial Convening Authority with a recommendation
of acceptance without an offer of probation and rehabilitation.

  

 

i a . eum, USAF
Staff Judge Advocate

Attachment

Discharge Package - aguelieen:
7 Ep moo Z2-O23S

DEPARTMENT OF THE AIR FORCE

Gs
HEADQUARTERS 509TH SECURITY POLICE SQUADRON (ACC) Ta é2H
WHITEMAN AIR FORCE BASE, MISSOURI *

MEMORANDUM FOR Aji TRIM 509 SPs

FROM: 509 SPS/CC

SUBJECT: Notification Letter - Board Hearing

1. I am recommending your discharge from the United States Air Force for
Commission of a Serious Offense according to AFI 36-3208, under the provisions
of paragraph 5.52.3. Copies of the documents to be forwarded to the
separation authority to support this recommendation are attached.

2. My reason for this action is:

a. On 26 September 1994, you did dishonorably fail to pay a just debt of
$7,447.43 to the American Express Travel Card Company, as evidenced by an

AF Form 3070, dated 21 November_1994. (Atch 1) =

b. On or about 5 July 1994 to on or about 26 August 1994, you did
wrongfully appropriate approximately $7,447.43 from the American Express
Travel Card Company, and did, with intent to defraud, misrepresent the use
of your Government Issued American Express Travel Card as Official Use
when the actual circumstances were purely personal in nature, as evidenced
by an AF Form 3070, dated 21 November 1994. (Atch 1)

3. This action could result in your separation with an under other than

honorable conditions discharge. I am recommending your service be

characterized as under other than honorable conditions. The commander

exercising SPCM 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 |
componant of the armed forces. Any special pay, bonus, or education

assistance funds maybe subject to recoupment.

4, 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.

5. You have been scheduled for a medical examination. You must report to

Physical Exams ata@zoo_ onty~aw ar

time date
PUAE0Z— 0257

6. Military legal counse], @QQRRMMNMMIWE, bidg 1000, ext 75556, has been
obtained to assist you. An appointment has been scheduled for you to consult
him on?.7ew_, atQ?OO. 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 AFR 111-1. 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.

7. Confer with your counsel and reply, in writing, within seven workdays,
specifying the rights 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
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.

8. 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 your orderly
room. This copy of AFI 36-3208 must be returned to your orderly room upon the
completion of this action.

 

—$._ Tf you request a board and you fail to appear without good causé; your ~~
failure to appear consitiutes a waiver of your right to be present at the
hearing.

10. If applicable, the discharge board or; the discharge authority will make
the finding and recommendations regarding advanced educational assistance
required under 10 U.S.C. 2005(g).

11. Execute the attached acknowledgment and return it to me immediately.

 

ATTACHMENTS
1. Supporting documents -- for the reason for discharge: AF Form 3070, dtd
21 Nov 94

2. Documents containing derogatory information -- which are not listed in the
notification letter: None

3. Airman's acknowledgement, dated 4 aw Qe.