. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
eee AB
TYPE
X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL.
we. AMERICAN LEGION
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

es, x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.06 A67,90 1 | ORDER APPOINTING THE BOARD
9 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
30 Jan 03 FD2002-0289 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD’S DECISIONAL RATIONAL.ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

 

 

SIGNATURE OF RECORDER

 
  

 

    

 

 

 

 

INDORSEMENT DATE: 30 Jan 03
TO: 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
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0289

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, MD on January 30, 2003. Ms CN, the applicant’s mother also testified on the applicant’s behalf.

The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions

Exhibit 6: Character Letters from applicant’s nursing school
Exhibit 7: College transcript _

Exhibit 8: Copy of AFI 36-3208

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

FINDINGS: Upgrade of discharge to Honorable is denied. However, the Board grants an upgrade of
discharge to General.

The board finds that neither evidence of record nor that provided by the applicant substantiates an
impropriety, which would justify a change of discharge. However, after a thorough review of the record,
the Board finds that the applicant’s character of discharge is inequitable.

ISSUE: The applicant states that her discharge was inequitable because under today’s standards, she would
not have received an UOTHC discharge. She quoted AFI 36-3208, paragraph 1.21.3, which states that a
discharge UOTHC should not ensue if the sole basis for discharge is a serious offense that resulted in
conviction by a court-martial that did not adjudge a punitive discharge unless such characterization is
approved by the Secretary of the Air Force. The records indicate the applicant was found guilty by a
Special Court Martial for Fraud. She also received an Article 15 for theft from the Exchange. After a
thorough and complete consideration of the information submitted by the applicant, the applicant’s
compelling personal testimony, and information contained in the record, the Board concluded there was
sufficient mitigation and extenuation to substantiate upgrade of the discharge. While the DRB did not

condone the applicant’s theft and forgery charges, they did feel it would have been more equitable to give
her a General discharge.

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 also concludes that the overall quality of the
applicant’s service is more accurately reflected by a General discharge. Therefore, the applicant’s
characterization for discharge should be changed to General.

Attachment:
Examiner's Brief
FD2002-0289
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

1. MATTER UNDER REVIEW: Appl rec'd a UOTHC Disch fr USAF 94/02/10 UP AFR 39-10,
para 5-47b (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2- BACKGROUND:

a. DOB: 70/11/13. Enlmt Age: 19 7/12. Disch Age: 23 2/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-61, G-50, M-65. PAFSC: 2W051 - Munitions System
Journeyman, DAS: 92/07/02.

b. Prior Sv: (1) AFRes 90/06/18 - 91/03/10 (8 Mos 23 Days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enld as AlC 91/03/11 for 4 yrs. Ext: 92/04/23 for 9 Mos. Svd: 2 Yrs 11
Mos 0 Das, of which AMS is 2 Yrs 8 Mos 16 Das (Ex: 2 Mos 14 Das lost time).

b. Grade Status: AB - 93/08/09 (SPC, 93/08/09)
c. Time Lost: 8 Jun 93 - 20 Aug 93 (74 Days)

d. Art 15’s: (1) 91/10/16, Davis Monthan AFB, AZ - Article 121. You
did, on or about 6 Oct 91, steal miscellaneous cosmetic
items, of a value of about $51.20, the property of the
atone enn ene . Suspended reduction to AB, forfeiture
of $50.00 pay per month for 2 months, and 21 days extra
duty.

(No appeal) (No mitigation)

e. Additional: RIC, 22 OCT 91 - Departed work area without permission.
RIC, 22 OCT 92 - Failure to wear seatbelts while operating
a govt vehicle.
RIC, 19 OCT 92 - Failure to go.
Verbal Counseling - Failure to stop at posted stop gign.

£. CM: Special Court Martial No. 3 - 1993 August 9
CHARGE: Article 123. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Tucson, Arizona, between 23 Aug
92 and 30 Sep 92, with intent to defraud, falsely make the

signature of -----~-- ,to a ---------- credit card receipt, which
said receipt would, if genuine, apparently operate to the legal
harm of ---~---- in that her account was charged $507.00.
FD2002-0289
Sentence approved on 8 Jun 93: Reduction to the grade of AB, 3
months confinement, and forfeiture of $542.00 pay per month for
3 months.
g. Record of SV: 91/03/11 - 92/11/10 Davis Monthan AFB 3 (Initial)
(Discharged from Davis Monthan AFB)
h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (3) Yrs (5) Mos (11) Das
TAMS: (2) Yrs (8) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/15.
(Change Discharge to Honorable)

The following issues are the reasons I believe my discharge should be
upgraded to Honorable. If you disagree, please explain in detail why you
disagree

Issue 1: Under todays (sic) standards, I would not have received the type of
discharge I did.

Issue 2: I have been a good citizen since my discharge in Feburary (sic)
1994,

Issue 3: My ability to serve was impaired by my youth and immaturity.
Issue 4: Personal problems impaired my ability to serve.

Issue 5: The punishment I received was too severe compared with today's
standards.

Issue 6: My command abused its authority when they decided to send my case
to a discharge board for Under Other Than Honorable Discharge and subsequently
received said discharge.

Issue 7: If my discharge is upgraded to Honorable, the government will be
(sic) benefit by my employment as a Registered Nurse at the Veteran
Administration for Health Care.

Issue 8: My current discharge has created a sizeable disadvantage in terms
of retirement and benefits from employment.

Issue 9: The discharge I reecived (sic) was unjust.
FD2002-0289

ATCH

1. Five Character References.
2. Statement to Air Force Discharge Review Board.
3. College Transcripts.

4. Defense Counsel's Statement.

5. Explanation of Issues.

02/10/08/cr
FP2002- O28 F

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 355TH WING (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

MEMORANDUM FOR 355 cc SP

FROM: 355 WG/JA

SUBJECT: Legal Review of Administrative Discharge: @Ebe

*

19 Jan 1994

 

 

1. The record in this case is legally sufficient to support an administrative discharge for
misconduct, under the provisions of AFR 39-10, paragraph 5-47b, conduct ptejudicial to
good order and discipline. The respondent has been afforded all rights and privileges in
accordance with pertinent laws and regulations.

2. ie is 23 years old and her current enlistment began on 11 March 1991 for a
period of four (4) years. She has been on continuous active duty since that date. Her only
performance report closed out on 10 November 1992, with an overall tating of 3. She has

74 days lost time.

 
 

3. The respondent's commander, aaj 55 EMS/CC, through his acting
commander, We initiated the discharge action on 15 October 1993,

and recommended an under other than honorable conditions discharge. As evidence for this
action, the unit cited the following reasons:

a. On 19 October 1992, she was derelict in the performance of her duties by
leaving her work center without permission; AF Form 174, Record of Individual
Counseling, dated 22 October 1992.

b. On 19 October 1992, she was derelict in the performance of her duties by
improper use of a seatbelt; AF Form 174, dated 22 October 1992.

c. On 16 October 1992, she disobeyed a lawful order from a senior
noncommissioned officer; AF Form 174, dated 19 October 1992.

d. On 24 September 1992, she was in violation of AFR 125-14, Base Supplement
1, by failing to stop for a posted stop sign; DD Form 1408, Armed Forces Traffic Ticket,
dated 24 September 1992, with counseling annotated on 13 October 1992.

e. Between on or about 23 August 1992 and 30 September 1992, with intent to
defraud, she falsely made the signature of, aaa: a credit card receipt,

which receipt would have, if genuine, apparently operate to the legal harm of ain
FOP 2002-0287

Fd Special Court-Martial Order #3, dated 9 August 1993 with a reduction in
grade to airman basic, forfeiture of $542.00 pay per month for 6 months, and 6 months

confinement:

f. On or about 6 October 1991, she stole miscellaneous cosmetic items from the
Davis-Monthan Exchange; Article 15 dated 6 October 1991, with a suspended reduction in
grade to airman basic, forfeiture of $50.00 pay per month for 2 months and 21 days extra °
duty.

g. On or about 4 and 5 October 1991, she wrote two checks to the Davis-Monthan
AFB Exchange and failed to maintain sufficient funds for their payment, AAFES Form
7200-75(M), Dishonored Check Notification, dated 18 and 28 October 1991.

4. The respondent requested a hearing before a board of officers and enlisted members,

and on 6 January 1994, a board of officers was convened to hear the case. After
considering the evidence from the government and respondent, the board found 4qgggaagaas
subject to discharge and recommended discharge with an under other than honorable
conditions discharge without probation and rehabilitation.

5. The respondent was present during the board hearing. She made a sworn statement, in
which she detailed her reasons for entering the Air Force, as well as her duties here at
Davis-Monthan Air Force Base. €@§§@@——went on to explain the circumstances
surrounding her bounced checks, shoplifting, and court martial conviction. She also told
the members that she recognized the Air Force was looking for quality individuals and that
she did not fit that mold, The respondent finally asked the members for a general discharge
and discussed the effects that type of discharge would have upon her.

6. The board's findings are supported by the evidence, and their recommendations are both
reasonable and consistent with the findings. You may recommend to 12 AF/CC tha

e discharged with one of the following service characterizations: an honorable
discharge, a general discharge, or an under other than honorable conditions discharge as
recommended by the board. I advise that you recommend to 12 AF/CC that they accept
the discharge board's findings and recommendations and separate Ce: an under
other than honorable conditions discharge, without probation and rehabilitation.

a. An honorable discharge is appropriate when a respondent's record has been so
meritorious that any other characterization would clearly be inappropriate, or the quality
of her service generally met Air Force standards of acceptable conduct. The respondent's
conduct fails to meet either of these criteria.

b. A general discharge is appropriate when service is honest and faithful but
significant negative aspects of the respondent's conduct or performance of duty outweigh
the positive aspects of the airman's military record. MERE concict is neither honest
nor faithful; and the negative aspects clearly outweigh any positive aspects.
FD 2002-0289

c. An under other than honorable conditions discharge is appropriate when the
reason for separation is based on a pattern of behavior or one or more acts or omissions
that constitute a significant departure from the conduct expected of airmen. This discharge

is appropriate for iam»

7. You may recommend to 12 AF/CC that he direct conditional suspension of@Giiiaiiiag:
discharge pending successful completion of probation and rehabilitation (P&R). P&R is
appropriate for members who have demonstrated a potential to serve satisfactorily, have

the capacity to be rehabilitated and whose retention on active duty status is consistent with
good order and discipline. Neither the respondent's commander nor the discharge board
recommended P&R. I, too, do not recommend P&R. The behavior upon which aif
MM discharge was based demonstrates that retention, even in P&R status, would not be

in the best interest of the Air Force.

8. LT advise that you recommend to 12 AF/CC that the respondent be discharged with an
under other than honorable conditions discharge and that P&R not be offered.

 

Attachment:
1, Discharge Case
| £0 2002-0289

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 355TH WING (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

FROM

355 EMS/CC 5 October 1993

SUBJ: Notification Letter - Board Hearing

TO: SC Ings , «

1. I am recommending your discharge from the United States Air Force for
misconduct, conduct prejudicial to good order and discipline under the
provisions of AFR 39-10 paragraph 5-47b. Copies of the documents to be
forwarded to the separation authority to support this recommendation are
attached.

 

2. My reasons for this action are:

a. On 19 October 1992, she was derelict in the performance of her duties
by leaving her work center without permission; AF Form 174, Record of
Individual Counseling, dated 22 October 1992.

b. On 19 October 1992, she was derelict in the performance of her duties
by-teaving by improper use of a seatbelt; AF Form 174 dated 22 october 1992.

ce. On 16 October 1992, she disobeyed a lawful order from a senior
noncommissioned officer; AF Form 174 dated 19 October 1992.

d. On 24 September 1992, she was in violation of AFR 125-14, Base
Supplement 1, by failing to stop for a posted stop sign; DD Form 1408, ARmed:
Forces Traffie Ticket, dated 24 September 1992 with counseling annotated on, 13
October 1992.

e. Between on or about 23 August 1992 and 30 September 1992, with
intent to defraud, you falsely made the signature of gag to a

credit card receipt, whj receint would, if genuine apparently operate to
the legal hann of ttle. 20121 Court-Martial Order #3 aated 9
August 1993 with a reduction in grade to airman basic, forfeiture of $542.00
pay per month for 6 months, and 6 months confinement.

f. On or about 6 October 1991, she stole miscellaneous cosmetic items form
the Davis-Monthan Exchange; Article 15 dated 16 October 1991, with a suspended
reduction in grade.to airman basic, forfeiture of $50.00 pay per month for 2
months, and 21 days extra duty.

g On or about 4 and 5 October 1991, she wrote two checks to the Davis-
Monthan AFB Exchange and failed to maintain sufficient funds fortheir payment;
AAFES Form 7200-75(M), Dishonored Check Notification, dated 18 ana 28 October
1991.

3. This action could result *~ your separation with an under other than
honorable conditions discharge. I am recommending you receive an under other

OV |
Global Power for America me Le e) ———
£LEO2002-O28F

than honorable conditions discharge. 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,

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.

dg. 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, Military legal counsel has been made available to assist you. An
appointment has been scheduled for you to Const ‘Saal on 5 October

1993 at 1400. 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.

6. Confer with your counsel and reply, in writing, within 7 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.

7. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFR 39-10, attachment 6. A copy of AFR
39-10 is available for your use in your unit orderly room.

8. If you plan to ship household goods or do a do-it-yourself move and need to
ask general questions on the procedures, call Traffic Management Office at
extension 4187.

Execute the attached acknowleagment and return it to me immediately.

2 Atchs

1. Referenced Supporting Documents

2. Airman's Receipt or Notification
Letter

¢-/
FD 200 2- 0289

CORRECTED COPY - DESTROY ALL OTHERS

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 355TH WING (ACC)
Davis-Monthan Air Force Base, Arizona

Special Court-Martial Order. 9 August 1993
No. 3

AIRMAN FIRST CLASS QR GUineiy | onited

States Air Force, 355th Equipment Mainténance Squadron, was
arraigned at Davis-Monthan Air Force Base, Arizona, on the
following offense at a court-martial convened by this

headquarters.
CHARGE: Article 123. Plea: G. Finding: G.

Specification : Did, at or near Tucson, Arizona, between 23 Aug
92 and 30 Sep 92, with intent to defraud, falsely make the
signature of QQ ipaiiae = =to a Montgomery Wards credit
card receip:, which said receipt would, if genuine, apparently
operate to the legal harm of Siisesteniiae i: that her

account was charged $507.00. Plea: G. Finding: G.

SENTENCE

Sentence adjudged on -6-8 June 1993: Reduction to the grade
of E-1, forfeiture of $542.00 pay per month for 6 months, and

6 months confinement.

ACTION

he case of AIRMAN FIRST CLASS

aii. quem, United States Air Force, 355th Equipment

Maintenance Squadron, only so munch of the sentence as
provides for reduction to the grade of Airman Basic, three

months confinement and forfeitu:e of $542.00 pay per month for
three months is approved and will be executed. The Air Force
Corrections System is designated for the purpose of
confinement, and the confinement will be served therein or
elsewhere as the Director, Air Force Corrections, HQAFSPA/SPC,

may direct.

UCM) Article 64(A) has been complied
with, The findings and sentence are

saat in law ane fact
MARTENS ruFTH I “IRCE

     
 

SPCMO No. 3
ED BOOZ - S287

 

DISTRIBUTION:

 
 

1 - a Ee. . Davis-Monthan AFB, AZ
85707-4066 “

|] - ieee, EG. “Davis-Monthan AFB, AZ
85707~3012 (Pres ) 2 _
Travis AFB, CA 94535- 21 2 a

1 - Hip WOON §«bavis-Monthan ars, az

85707 3845 (TC)

en) ET Davis-Monthan AFB, AZ

85707- 3845 (ATC)

  

 

Western Circuit,

      

 
 

WHavis-Monthan AFB,
AZ 85707 (ADC) :

1 ~ 355 WG/CC, Davis-Monthan AFB, AZ 85707

- 355 EMS/CC, Davis-Monthan AFB, AZ 85707-4066

~ 355 CPTS/FMFP, Davis-Monthan AFB, AZ 85707-3014

355 MSS/MSMPP, Davis-Monthan AFB, AZ 85707-3018

~ 355 WG/JA, Davis-Monthan AFB, AZ 85707-3845

~- 12 AF/CC, Davis-Monthan AFB, AZ 85707-4250

~ 12 AF/JA, Davis-Monthan AFB, AZ 85707-4250

10 - HQ AFLSA/JAJM, 172 Luke Ave, Ste 104, Bolling AFB, DC
20332-5113

1 - DFAS-DE/JSSR, 6760 E. Irvington Pl, Denver CO 80279

1 - HQ AFMPC/DPMDOM1A, Randolph AFB, TX 78150-4564

1 - AFISA/INSAC, 1700 Pentagon Air Force, Washington DC
20330-1700

PRE ADE
1

“ =

SPCMO No. 3 ‘ ea