AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
hee SSGT
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
“VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY ||

 

 

  

 

 

 

 

 

 

rm) | mK) MK

 

 

 

 

 

ISSUES INDEX NUMBER EXHIBITS SUBMITTED 10: THE BOARD
A93.19 A67.50 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

 

LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

9 Jan 03 FD2002-0336 COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

Bl) Bel oe

 

 

 

 

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, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR. .

 

 

SIGNATURE OF RECORDER

 
 
   

 

 

    

 

 

 

INDORSEMENT DATE: 9 Jan 03
FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
50 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 FD02-0336

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 the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant does not contest his discharge. He states that he had a problem with alcohol and was
not given the opportunity for treatment. The record indicates the applicant received two Article 15’s for
writing bad checks and leaving his place of duty. He also received four Letters of Reprimand for Driving
Under the Influence (twice), writing bad checks, financial irresponsibility, and failure to move out of base
housing within the established time limit. The two DUI’s involved civil authorities and after the first one,
applicant was entered into the alcohol rehabilitation program. The Board found no evidence of any inequity
or impropriety on which to base a decision to upgrade the discharge. 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.

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
FD2002-0336
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

i$ (Former SSGT) (HGH SSGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 08 Jun 89 UP AFI 36-
3208, para 5-47a and 5-47b (Pattern of Misconduct - Discreditable Involvement
with Military or Civil Authorities). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 01 Feb 59. Enlmt Age: 18 2/12. Disch Age: 30 4/12. Educ: HS DIPL.
AFOT: N/A. A-64, E-68, G-55, M-59. PAFSC: 55270 - Structural Technician.
DAS: 18 Jul 88.

b. Prior Sv: (1) AFRes 26 Apr 77 - 4 Oct 77 (5 months 9 days) (Inactive).

(2) Enlisted as AB 5 Oct 77 for 4 yrs. Reenlisted as SRA 17
Feb 81 for 5 yrs. Svd: 7 yrs 10 months 28 days, all AMS. AMN - 5 Apr 78. Al1C -
5 Oct 78. SRA - 1: Jul 80. sect - 1 Jul 81. APRs: 8,7,8,8,9,9,7(REF) ,9,9.

ART 15: 26 Mar 82, Bitburg, Germany - Article 111. You did, on or
about 19 Mar 82, on Moetscher Strasse near the -------- car
lot operate a vehicle, to wit: a passenger car, while drunk.
Forfeiture of $150.00 per month for two months. (No appeal)
(No mitigation)

3. SERVICE UNDER REVIEW:
a. Reenlisted as SGT 3 Sep 85 for 4 yrs. Svd: 3 Yrs 9 Mos 4 Das, all AMS.
b. Grade Status: SSGT - 01 Aug 86.
c. Time Lost: None.

d. Art 15’s: (1) 6 Apr 89, Shaw AFB, SC - Article 134. You did, on or
about 22 Jan 89 and 23 Jan 89, make and utter to the --
------ ; certain checks, in words and figures as
follows, to wit: check numbers 0158 and 0159, made
payable to the order of --------~-- , arawn upon ------
National Bank, dated 22 Jan 89 and 23 Jan 99,
respectively, in the amounts of $16.65 and $16.65,
respectively and signed ---~---- , for the purpose of
purchasing certain things or obtaining cash, and did
thereafter dishonorably fail to maintain sufficient
funds in the ------- National Bank for payment of such
checks in full upon their presentment for payment.
Suspended reduction to Sgt, and 45 days extra duty.
(No appeal) (No mitigation)
FD2002-0336

(2) 27 Apr 87, Osan AB, Korea - Article 86. Preliminary
investigation has disclosed that you, did at Camp Long,
Republic of Korea, on or about 16 Aug 87, without
authority, go from your appointed place of duty, to
wit: Camp Long. Suspended reduction to Sgt, and
forfeiture of $100.00. (No appeal) (No mitigation)

e. . Additional: LOR, 21 APR 89 - Worthless checks.

LOR, 14 APR 89 - DUI.

LOR, 29 AUG 88 - DUI.

LOR, 13 FEB 89 - Worthless checks, financial
irresponsibility, failure to move out of
base housing within time limit, and only
after repeated inspections able to meet
housing inspection criteria.

£. CM: None.

g. Record of SV: 21 Aug 85 - 20 Aug 86 Griffis AFB 9 (Annual)
21 Aug 86 - 15 Apr 87 Griffis AFB 9 (CRO)
16 Apr 87 - 15 Apr 88 Osan AB 8 (Annual)
16 Apr 88 - 20 Feb 89 Shaw AFB 6 (CRO)REF

(Discharged from Shaw AFB)

h. Awards & Decs: AFAM, AFOUA W/3 OLCS, AFGCM W/1 OLC, AFOSSTR, AFOSLTR,
AFLSAR W/1 OLC, NCOPMER, BMTHGR, SAEMR, AFTR.

1. Stmt of Sv: TMS: (12) Yrs (1) Mos (13) Das
TAMS: (11) Yrs (8) Mos (4) Das

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

Issue 1: I've recieved (sic) 4 achocol (sic) related problem's (sic) while
enlisted. 2 (sic) of which were all (Article)15, my job performance was above
standard, my last two incident's (sic) came shortly after returning from Korea,
on a remote tour. (married 1 year) Upon, returning my wife said she found
another! 7 (sic) months & 2 DUI's (sic), I'm discharged. I was an E-5 who knew
his trade, I was sent to Social Action's (sic) for one week. I was not given
the opportunity for treatment (ie. 30 days) just let go.

Since then I have recieved (sic) treatment at the V.A. in Ashville, N.c. in ‘
1998, and have been sober! Since an Honorable Discharge would make me more
proud to have served.
FD2002-0336

ATCH
None.

20Nov02/ia
. FD 2202-0356

” DEPARTMENT OF THE AIR FORCE

HEADQUARTERS NINTH AIR FORCE (TAC)
SHAW AIR FORCE GASE SC 29152-5002

 

[ Sun 84

me TO rac (Capt Todd)

sussect. Legal Review, AFR 39-10, ieee. Shaw AFB SC

To: cc
¢

1. Summary of Facts: On 25 May 89, AFR 39-10 discharge action was initiated
against the respondent under paragraphs 5-4%a and §-47d based on discreditable
involvement with military or civilian authorities and dishonorable failure to
pay just debts. The initiating commander recommended a general discharge
without probation and rehabilitation (P&R). The respondent is entitled to a
board hearing. On 26 May 89, he submitted an conditional waiver of his right
to a hearing contingent upon his receiving no less than a general discharge.
The 363 TFW/CC recommended the acceptance of the waiver and separation of the
respondent with a general discharge without P&R. This action is based on the

following:

a. On 4 Feb 89, the respondent was driving drunk off-base for which he

received a letter of reprimand, control roster and an UIF entry. He wag
Sentenced in civil court to a fine of #2000 plus court costs and 45 days

confinement to Shaw AFB SC.

b. On 5 Aug 88, the respondent was driving drunk off-base for which he
received a letter of reprimand and an UIF entry. He was sentenced in civil
court to a fine of #268.00.

c. On 16 Aug 87, the respondent failed to go for which he received an
Article 15 punishment consisting of a suspended reduction to Sgt and a
forfeiture of #100.00.

d. On 25 Jan 89 the respondent wrote a bad check to the Market Express
for which he received a letter of reprimand and an UIF entry.

e. On 22 and 23 Jan 89 the respondent wrote two bad checks to the Shaw
AFB Exchange for which he received an Article 15 punishment consisting of a
suspended reduction to Sgt.

f. On 8 Feb 89 he wrote two bad checks to the Pantry on Hwy 441 for
which he received a letter of reprimand.

2. Other Derogatory Information: The respondent has received a referral APR
for substandard duty performance and received an Article 15 for DWI on 19 Mar

82. Thig DWI was in a prior enlistment and it cannot be used to characterize
the type of discharge. .

Neadiness i4 our Profession
ry, PD2002~ 6 33£

3. Personal Data: The respondent is 30 years old, married with one child.
He has been on active duty since 5 Oct 77, and his current enlistment began 3
Sep 85 for 4 years. He has received 13 APRs with overall ratings of six 9s,
four 8s, two 7s and one 6. The respondent was entered into the alcohol

evaluation program after the Aug 88 DWI charge.

4. Conclusion: I have reviewed this case and find it legally sufficient.
The 363 TFW/JA recommended a general discharge without P&R and provided a
legal opinion with which I concur. This is a borderline general /UOTHC
discharge case but I believe a general discharge is most appropriate.

As the separation authority you havgq the following options:

a. Accept the respondent's conditional waiver and separate him with a
general or an honorable discharge with or without Pa&R.

b. Reject the conditional waiver and direct the respondent to submit
an unconditional waiver, or

c. Reject the conditional waiver and order a discharge board be convened.

5. Recommendation: Accept the respondent’s conditional waiver and separate
bm with a general discharge without P&R.
ae,

7 a PD 2002-03 36
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 363D TACTICAL FIGHTER WING (TAC)
SHAW AIA FORCE SASE SC 29162-5000

 

REPLY TO 96 MAY 1989-

ATTNOF: JA

suwect: Legal Review of AFR 39-10 Action -- nny

| 363 Civil Engineering Squadron
to: 363 reuse

l. Bagia for Action: The Commander, 363 Civil Engineering Squadron,
haa recommended the above individual be geparated from the service

with a general diecharge for migconduct purauant to AFR 39-10,
Chapter 6, Section H, paragraphs 53-47a and §-47d. The specific

reason for the proposed discharge is a Pattern of Misconduct.

t

 

2. Facts: The file reflects the respondent hag been involved in the
following ineidenta of misconduct:

A. Ineidente of Discreditable Involvement with Military or Civil
Authorities

DATE: 14 April 1989
INCIDENT: DUI
ACTION TAKEN: Letter of Reprimand/UIF

DATE: 29 Auguat 1988
INCIDENT: DUI
ACTION TAKEN: Letter of Reprimand/UIF

DATE: 27 August 1987
INCIDENT: Failure to Go

ACTION TAKEN: Article 15

B. Ineaidente of Dishonorable Failure to Pay Just Debts

DATE: 21 April 1989

INCIDENT: Worthless Check
ACTION TAKEN: Letter of Reprimand, dtd 21 Apr a9

DATE: 22 - 23 January 1989
INCIDENT: Worthless Checka (2)
ACTION TAKEN: Article 18

DATE: 13 February 1989
INCIDENT: Worthlega Checks (2)/Financial Irresponaibility
ACTION TAKEN: Letter of Reprimand/UIF

In addition to the above stated reagone which serve as the bagis for
thie action, the record algo shows the following additional

Neadiness (4 OUT Profession
a “\ PD2002- 0336

derogatory information:

DATE: 14 April 1989
INCIDENT: Substandard Duty Performance
ACTION TAKEN: Referral APR

DATE: 17 August 1988
INCIDENT: Alcohol Related Incidents and Erratic Duty Performance

ACTION TAKEN: Denial of Reenlistment

DATE: 19 March 1982
INCIDENT: DUI
ACTION TAKEN: Article L5

3. Respondent's Submissions: Respondent conditionally waived the
right to an administrative discharge board in exchange for a general
discharge. The respondent did not submit written matters for
consideration by the separation authority.

4. Errors and Irregularities: There are no significant errors or
irregularities in the file.

5. Conclusions: .

a. This file is legally sufficient to support a discharge for
misconduct pursuant to AFR 39-10, Chapter 5, Section H, paragraphs
5-47a and 5-47d.

b. The respondent could receive an honorable, general or under
other than honorable conditions discharge. The unit commander
recommends ‘the respondent's service be characterized as general.

I concur with this recommendation. The respondent has an extensive
record of misconduct and has demonstrated a complete disregard for
Air Force standards, but his duty performance has been mostly good.
Overall, his service is best characterized by a general discharge. I
should inform you, however, that this is a borderline general/under
other than honorable conditions discharge case. If it were not for
respondent's acceptable performance, I would recommend his separation
with an under other than honorable conditions discharge. In this
regard the Article 15 dated 19 March 1982 was during a prior
enlistment and, although it may be considered on the question of
whether respondent should be separated, it cannot be used on the
question of character of discharge.

ec. The commander does not recommend probation and rehabili-
tation. I concur with this recommendation because the respondent has
received numerous reprimands and Article 15 actions but has continued
to fail to meet Air Force Standards. The 1982 DUI may not be
considered in establishing a basis for this discharge or in
“PD 2002-356

characterizing the discharge because it occurred during a prior
enlistment. However, it may be used in determining whether or not
the respondent should be discharged. When the respondent's entire
record is considered, he is a poor risk for rehabilitation.

d. Since the respondent has submitted an unconditional waiver
of the right to a discharge board, you may not act as the separation
authority in this case. The separation authority for board waiver
cases is the General Court-Mattial’ Convening Authority (9AF/CC). You
have the following options:

(1) retain the respondent in the Air Force;

(2) recommend that an honorable discharge be granted with
or without probation and rehabilitation and forward the case to
9AF/CC; or

¢ recommend that a general discharge be granted with or
without probation and rehabilitation and forward the case to
9AF/CC; or

(4) reject the conditional waiver if you feel an under
other than honorable conditions discharge is warranted and notify the
respondent that either an unconditional waiver or a request for a
board hearing may be submitted.

6. Recommendations: IL recommend you forward the case to 9AF/CC and
recommend a general discharge without probation and rehabilitation be
granted. eit Ses

 
     
 

1 Atch
Case File
fo

/ ey PD 7002-63238
DEPARTMENT OF THE AIR FORCE

363D CIVIL ENGINEERING SQUADRON (TAC)
SHAW AIR FORCE BASE 8G 29152-5000

 

REPLY TO

aTrNoF: CC 25 MAY 1989

suNECT; Letter of Notifiasation - Board Hearing

1: OS, 363 Civil Engineering

Squadron

1. I am recommending your digcharge from the United States Air
Foree for a Pattern of Migeonduct aqcording to AFR 39-106, under
the proviagions of paragraphs 8-47 and 5-47d. Copies of the
docqumenta to be forwarded to the geparation authority to #zupport
thig recommendation are attached.

2. My reasons for this action are:

A. Incidents of Digcreditable Involvement with Military or
Civil Authorities:

DATE: 14 April. 1989

INCIDENT: DUI
ACTION TAKEN: Letter of Reprimand/UIF

DATE: 29 August 1988

INCIDENT: DUI
ACTION TAKEN: Letter of Reprimand/UIF

DATE: 27 Auguat 1987
INCIDENT: Failure to Go
ACTION TAKEN: Article 15

B. Ineidenta of Disghonorable Failure to Pay Juat Debte

DATE: 21 April 1989
INCIDENT: Worthless, Check
ACTION TAKEN: Letter of Reprimand

DATE: 22 - 23 January 1989
INCIDENT: Worthlesa Checka (2)

ACTION TAKEN: Article 15

DATE: 13 February 1989
J INCIDENT: Worthleaes Checks (2)/Financial Irresponeibility

ACTION TAKEN: Letter of Reprimand/UIF

In addition to the above atated reagons which gerve ae the bagia
for this action, your record algo showa the following additional
derogatory information:

Aeadiness C4 Out Profession
“ PDP R8OZ- 0 53G

DATE: 14 April 1989
INCIDENT: Subatandard Duty Performance

ACTION TAKEN: Referral APR

DATE: 17 Auguat 1988
INCIDENT: Aleohol Relatéd Ineidenta and Erratia Buty

Performance
ACTION TAKEN: Denial of Reenligtment
DATE: 19 March 1982

INCIDENT: DUI
ACTION TAKEN: Article 18

3. Thig action could result in your geparation with an under

other than honorable aonditiona diacharge. I am recommending
that you receive a general discharge. The commander exercising

SPCM juriadication or a higher authority will make the final
deaigion in thia matter. If you are digcharged, you will be
ineligible for preenligtment in the Air Forae.

4. You have the right toa:

a. Consult legal counsel.

b. Pregent your cage to an administrative discharge board.
ec. He 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 pightsa. You muat consult legal coungel
before making a decigazion to waive any of your righte.

§. You reported to Shaw Air Force Base Hoagpital on 15 May 1989
for a @xamination.

6. Military legal counze! gge@mee ADC, 2437 haa been
obtained to agsiat you. An appointment hae been eacheduled for

you to eonault him on __ ghMAY 1989) at _/0G0
in bldg 928 room 109. Inatead of the appointed coungel, you may

have another, if the lawyer you request ia in the active

military gaervice and ia reasonably available as determined
according to AFM 111-1. In addition to military counsel, you

have the right to employ civilian counsel. The Air Forae doeg
not pay expenges incident to the employment of civilian coungel.

Civilian qoungel, if employed, must be readily available.
~ >) PP 2082-0336

%. Confer with your counsel and reply, in writing, within 7
workdays, specifying the righta you chooge to exercize. The
atatement muet be aigned in the presence of your counael who

alao will aign it. If you waive your right to a hearing before
An adminigtrative diacharge board, you may submit written

atatementa in your own behalf. I will send the atatementa to

the diacharge authority with the cage file to be considered
with this recommendation. If you fail to respond, your tailure

will conatitute a waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal ig covered
by the Privacy Act Statement as explained in AFR 39-10,
attachment 6. A copy of AFR 38-10 ia available for your uae

in the orderly room.

9. Execute the attached acknowledgment and return it to me

3 Atoh
1. Supporting Documenta,

Reagons for Discharge

LOR, dtd 14 Apr 89, w/atch
LOR, dtd 29 Aug 38

Art 18, dtd 26 Aug 87

LOR, dtd 21 Apr 89, w/atcah
Art 185, dtd 23 Mar 8&9

c

d

e.

tf. LOR w/atch, dtd 13 Feb 80
2.

D

oP

Doaqumente Containing
erogatory Information

&. Paychiatrie Evaluation, dtd
1 Sep 88
b. AF Form 418, dtd 17 Aug 8&8

ec. Art 18, dtd 16 Jun &2
3. Airman’a Acknowledgment