AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

    
 

 

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

 

MEMBERS SITTING

 

 

 

 

a a a

   

 

 

 

 

    

ISSUES

A92.37, A01.13, A01.43

INDEX NUMBER

A67.30

    
    
  
 
    

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

      
 

S| we) he) =

 

 

BEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

03-05-07 FD2002-0383 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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 BECORDER 7) NA 1 ANE A_f___ |_ SIGNATURE OP SOSRD PRESIDENT. Of)

 

| 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 ne
FD2002-0383

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 nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct. Although all documents pertaining to applicant’s
discharge proceeding are missing and unavailable for review, applicant referenced being arrested for grand
larceny after deposit funds were missing from a civilian sports store he worked at before entering the
military. Although the deposit was missing before member entered the Air Force, he was arrested after a
considerable amount of time had passed and he was on active duty. Applicant states he pled “no contest”
because he didn’t have the money to hire a lawyer and was afraid he wouldn’t be able to clear his name.
Although the discharge documents could not be located for review, the Sentencing Order from the Circuit
Court of Arlington County, Virginia, dated May 6, 1999, disclosed that pursuant to a plea agreement,
although member protested his innocence, he pled guilty to the offense of Grand Larceny and was therefore
found guilty of said offense and sentenced to 3 years in the Virginia Department of Corrections, suspended
contingent on his making restitution to the retail store, paying court costs and attorney fees. Furthermore,
review of local civilian law enforcement investigative records disclosed applicant clearly had control of the
disputed funds and forged the bank verification sheet to prove he had deposited the money. What applicant
didn’t know was that the person whose signature he had forged was not working at the bank at that time, or
that other businesses that had made their money drops, had them all properly recorded. There had
previously been some mechanical problems with the bank’s night depository wherein some deposits had
disappeared, but applicant also did not know those problems had been satisfactorily resolved before the
deposit from the sports store went missing. The file further disclosed that applicant had been warned he
needed to come into the police department to undergo a polygraph exam before departing for Air Force
training. When he failed to do so, the case went forward for an indictment. Records review further
disclosed member was also the subject of a suicide attempt in September 1998 after he and his wife argued
regarding his alleged infidelity while in technical school. In the absence of documentary evidence to the
contrary, the Board could find no wrongful action by the Air Force and applied the presumption of
regularity in determining there was no inequity or impropriety in the processing of member’s 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
FD2002-0383
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING DOCUMENTS

—_ (Former AMN) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 17 DEC 99 UP AFI 36-3208
(Misconduct). Appeals for Honorable Discharge.

2. BACKGROUND:
a. DOB: 10 Mar 76. Enlmt Age: 20 10/12. Disch Age: 23 9/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-86, G-78, M-46. PAFSC: 3C032 - Communications-Computer

Systems Programmer Apprentice. DAS: Unknown.

b. Prior Sv: (1) AFRes 31 Jan 97 - 13 Jan 98 (11 months 13
days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 14 Jan 98 for 4 yrs. Svd: 1 Yrs 11 Mo 3 Das, of which
AMS is 1 yr 10 months 13 days (excludes 21 days lost time).

b. Grade Status: AMN - 4 Aug 98
c. Time Lost: 24 Feb 99 thru 17 Mar 99 (21 days).
d. Art 15’s: Unknown.

e. Additional: Unknown.

£. CM: None.
gq. Record of SV: None.

(Discharged from Offutt AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (9) Mos (26) Das
TAMS: (1) Yrs (10) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 5 Aug 02.
(Change Discharge to Honorable)

Issue 1: Before I entered the Air Force, I was an Assistant Manager at a
sports store. There was a deposit that came up missing about one month before I
went to basic training that was a significant enough amount for legal
FD2002-0383

intervention. We were all questioned, but one Cop in particular told me that he
thought I did it and would prove it. I cooperated 100% with the police and told
them everything that I knew. Before I went to basic training, I spent 2 weeks
in California and 2 weeks in North Carolina. I told the police my whereabouts
and gave them ALL of my contact information. One of them asked if I would agree
to a lie-detector test, and I said "yes". He never called me, and neither did
anybody else from the police department, so I thought it was dropped. Nex (sic)
thing I know, close to a year later, I got arrested at Offutt Air Force Base
because there is a warrant for my arrest for charges of grand larceny. I didn't
have the money for a lawyer, and I was scared to death that I may not have
enough evidence to clear my name, so I plead "No Contest" to the charges and was

released from the Air Force.

ATCH
None.

11DECO02/ia