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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

alii AIC = |

PERSONAL APPEARANCE X RECORD REVIEW

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

 

 
    
     
    

  

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

  

 

ISSUES INDEX NUMBER feu AR
A02.17, A94,05, A94.01 A67,30 1 | ORDER APPOINTING THE BOARD
2 «+| APPLICATION FOR REVIEW OF DISCHARGE
3 (| LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-03 FD2002-0300 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

   
 
   

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 AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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 | gy9999-9300

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

The applicant was offered a personal appearance before the Discharge Review Board 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 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 an upgrade of the discharge to honorable.

Issues. Applicant was discharged for misconduct, commission of a serious offense. Member, who was a
Security Forces specialist, received an Article 15 for failure to report information of alleged Uniform Code
of Military Justice violations by another SF member, and for possessing an expired Armed Forces ID card.
Applicant contends he had inadequate representation, and that another SF member with similar offenses
was allowed to keep his grade and cross-train. The board noted that member was recommended for an
Under Other Than Honorable Conditions (UOTHC) discharge and after consulting his military defense
counsel, submitted a waiver to his right to an administrative board hearing conditioned upon receipt of no
less than an under honorable conditions (general) discharge. His conditional waiver was accepted and a
general discharge was issued pursuant to his request. The Board concluded member’s misconduct was an
extremely significant departure from conduct expected of all military members, and not compatible with Air
Force standards. In fact, for Security Forces (SF) personnel, failure to report potential crimes of other
military members is one of the worst forms of dereliction of duty an SF member can commit. The record
review indicated that member had more than just knowledge of the alleged offenses of the other SF
member, which involved a minor dependent daughter of yet a third SF member, but was possibly in some
way further implicated in the offenses, the degree to which the Board could not ascertain. The Board could
find nothing in the record to substantiate applicant’s contentions. The Board could find no inequity or
impropriety on which to suggest a basis to upgrade the 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.

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
FD2002-0300
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

EE (Former A1C) (HGH SGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 88/03/24 UP AFR 39-10,
para 5-49d (Misconduct - Commission of a Serious Offense). Appeals for Honorable

Disch.
2. BACKGROUND:

a. DOB; 62/03/19. Enlmt Age: 18 11/12. Disch Age: 26 0/12. Educ: HS DIPL.
AFOT: N/A. A-64, E-41, G-41, M-40. PAFSC: 81150 - Security Specialist.
DAS: 85/08/05.

b. Prior Sv: (1) AFRes 81/02/24 - 81/09/30 (7 Mos 7 Days) (Inactive).

(2) Enld as AB 81/10/01 for 6 yrs. Svd: 5 Yrs 0 Mos 1 Das.
all AMS. AIC - 81/11/17. SRA - (APR Indicates: 84/01/27-85/01/26). SGT - (APR
Indicates: 85/01/27-85/06/10). APRs: 9,9,9,9,9,9.

3. SERVICE UNDER REVIEW:
a. Reenld as SGT 86/10/01 for 6 yrs. Svd: 1 Yr 5 Mos 24 Das, all AMS.

b. Grade Status: AIC - 88/02/02 (Article 15, 88/02/02)
SRA - 87/11/17 (Vacation of NCO Status)

c. Time Lost: None.

d. Art 15's: (1) 88/02/02, Tyndalll AFB, FL - Article 92 & 134. You, who
knew of your duties, on or about 14 Oct 87, were
derelict in the performance of your duties in that you
willfully failed to report information concerning an
alleged violation of the Uniform Code of Military
Justice, by --------- , ag it was your duty to do.
Further investigation reveals, you, did, on or about 15
Oct 87, possess an expired DD Form 2AF, Identification
Card in violation of Air Force Regulation 30-20 (18 USC
§ 701). Reduced to the grade of AlC, ordered to forfeit
$100 pay, and to perform extra duties for 14 days.

(No appeal) (No mitigation)

e. Additional: None.
£f. CM: None.

g. Record of SV: 86/06/11 - 87/04/02 Tyndall AFB 9 (CRO)
87/04/03 - 87/11/30 Tyndall AFB 8 (CRO)
FD2002-0300
(Discharged from Tyndall AFB)
h. Awards & Decs: AFTR, AFGCM (10LC), AFLSR, AFOSTR, SAEMR, AFOUA, AFAM.

i. Stmt of Sv: TMS: (7) Yrs (1) Mo (1) Das
TAMS: (6) Yrs (5) Mos (24) Dag

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/10.
(Change Discharge to Honorable)

Issues: My issue is that I believe (sic) received inadequate
representation. I only met my area defense counsel once and that was to sign
the form that is presented with my records. All other times it was by telephone
and he always made the discussion short and brief and he always would steer me
towards discharge proceedings. I was young and scared and didn't know of no
other alternatives other than to get things over with as soon as possible.

SSgt ------- was also caught up with ------- via telephone sex talk with her, but
he was offered a career change with no reduction in grade. SSgt ------- has
also met with -------- which was stated in her diary but he managed to keep his

grade and career,

All I really want is to ask for forgiveness. I learned a valuable lesson behind
those incidents. It changed my life forever. I wanted so badly to make a
career in the Air Force. It took almost a year to get over the depression and
anger. I have lived a good law abiding life, but this discharge has haunted me
for years. Time heals all wounds. Please find in your hearts to forgive me and
render a just verdict.

ATCH
1. DD Form 214.
2. Discharge Case File.

02/10/23/cr
REPLY TO
ATTN OF:

SUBJECT:

TO:

as! vo FO200 2-O8 CO
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS FIRST AIR FORCE (TAC)
LANGLEY AIR FORCE BASE VA 23665-6009

JA . 14 March 1987

 

Legal Review of AFR 39-10 Action --.qM
SPS, Tyndall AFB FL

scepter ei page
DP
CV
IN TURN

1. I have reviewed the attached AFR 39-10 separation action concerning 4
WHER and deem it legally sufficient.

2. BACKGROUND: On 28 September 1987, the 325 SPS/CC initiated this action
to separate ii for commission of a serious offense pursuant to AFR 39-10,
paragraph 5-49d. He recommended an under other than honorable conditions
discharge without probation and rehabilitation (P&R). After consulting with
his military defense counsel , Qi submitted a conditional waiver of his
right to a board hearing, contingent upon receiving a.general discharge. The
325 CSG/CC recommends acceptance of the conditional waiver and separation of

aly with a general discharge without P&R. I concur.

3. SUMMARY OF THE EVIDENCE: On 2 February 1988 gifs received nonjudicial
punishment for the offenses of willful dereliction of duty by failing to
report information on 14 October 1987 pertaining to the alleged offenses of
adultery and carnal knowledge by aeons (also of the Security
Police Squadron), and of violating AFR 30-20 on 15 October 1987 by
wrongfully possessing an expired Armed Forces Identification card. For
these two offenses he was reduced to the grade of AIC, ordered to forfeit
$100.00 of his pay, and given 14 days extra duties. Each of these two
offenses, if tried by court-martial, carries a maximum punishment which
includes a punitive discharge. ale is almost 26 years old, has over 6
years of continuous active service, and has 8 APRs with overall ratings of
9,9,9,9,9,9,9, and 8. The "8" was the most recent. He is entitled to wear
the Small Arms Expert Marksmanship Ribbon with one device (rifle), the

Air Force Overseas Long Tour and Short Tour Ribbons, and the Air Force
Training Ribbon,

4. DISCUSSION: The evidence warrants separation. Each of the two offenses
for which SM was punished makes him subject to discharge under AFR 39~10
and, together, they render him unsuitable for further military service.
After balancing his misconduct against his outstanding service record, I
believe a general discharge certificate would appropriately characterize his
time in the Air Force since the negative aspects outweigh the positive.
Probation and rehabilitation are not warranted because of the serious nature
of the offenses for which Moore, a security policeman, was punished. He must
be medically cleared for separation prior to execution of the discharge.

Readiness t4 Our Pro éssion
| FP 2002- OF OO

5. RECOMMENDATION: I recommend that you accept the conditional waiver
submitted by [i —ipimmand direct his discharge with a general discharge
certificate without P&R, in accordance with AFR 39-10, paragraph 5-49d.

  
   

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Case File - fe
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DEPARTMENT OF THE AIR FORCE sf *,

 

325TH SECURITY POLICE SQUADRON (TAC) £ ‘
TYNDALL AIR FORCE BASE FL. 32403-5012 E ®
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Or ven . wo
REPLY TO
ATTNOF: CC
19 FEB 1988
SussecT: Letter of Notification - Board Hearing
a Vane oth ns gaan jess «
0 Ce, PN) 325 SPs
1. I am recommending your discharge from the United States Air
Force for misconduct acaording to AFR 39-10, under the provi-
a@iona of paragraph §-46d. Copies of the documenta to be
forwarded to the separation authority to support thiga recom-
mendation are attached.
2. My reagon for this adation if your aommiagaion of two serious

offenses for which punitive digcharges are authorized under the
UCMJ. Thoge oftfengea are your willful dereliation of duty on

14 Oct 87, and your wrongful possession of an expired ID Card on
15 Oct 87.

3. Thig aation could result in your separation with an under
other than honorable conditions discharge. I am recommending
that you receive a general 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.

ec. 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 decigion to waive any of your righte.

5. You completed a medical examination on 10 Feb 68, USAF
Hoapital, Tyndall AFB FL.

cNeadiness is our SProfession

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FP 2002~ 03 dO

6. Military legal counse] QR, Eglin AFB, has been
obtained to assist you. An appointment hag been gcheduled for

you to consult him on 24 Feb 88  — at 0730-1630  _. Instead of the
appointed counsel, you may have another, if the lawyer you
request is in the active military service and is reagonably
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
me. on ead TTY available.

7. 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 statement to the
discharge authority with the cage file to be aqongidered with
thia recommendation. If you fail to reapond, your failure will
conetitute a waiver of the right to the board hearing.

8. Any pergonal information you furnish in rebuttal ia covered

by the Privacy Act Statement as explained in AFR 39-10, Attach-
hment 6. A aopy of AFR 39-10 ig available for your uge in your

orderly room.

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

4 Atch

1. AF Form 3070 (27 Jan 88)
2. DD Form 1569 (15 Oet 87)
3

4

 

Extract, AFR 125-3
Extract, AFOSI Report