AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

  
    

 

 

 

 

 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN -|
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PERSONAL APPEARANCE X RECORD REVIEW
“COUNSEL, | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES: | NO
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eras VOTE OF THE BOARD -
ERS SITTING “HON | GEN voTHe OTHER DENY
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ISSUES INDEX NUMBER Ce ES BIBITS SUBMITTED.TO THE BOARD.
A95.00 A67,30 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

a{e[ x] =

HEARING DATE CASE NUMBER

26 FEB 03 FD2002-0389

TAPE RECORDING OF PERSONAL APPERANCE HEARING
NALRATIONAL ARE DISCUSSED ON THE ATTACHED ARC FORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE.

 

 

 

 

   

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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 SIGNATURE OF BOARD PRESIDENT
~ a ne __aeaiihoncin

 
  

Ee cone nl es GONE oe ee “DATE: 26 FEB.03°

    

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 FD02-0389

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for failure to obey a lawful order and a Special Court Martial for larceny. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative/repetitive
behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct
expected of all military members. The Board found no evidence of impropriety or inequity in this case on
which to base an upgrade of 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
FD2002-0389
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a VOTHC Disch fr USAF 18 Oct 99 UP AFI 36-
3208, para 5.52 (Misconduct - Commission of a Serious Offense). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 11 Dec 69. Enlmt Age: 21 3/12. Disch Age: 29 10/12. Educ: HS DIPL.
AFOT: N/A. A-90, E-48, G-36, M-75. PAFSC: 3A051 - Information Management
Journeyman. DAS: 6 Aug 98.

b. Prior Sv: (1) AFRes 3 Apr 91 - 22 Jan 92 (9 Mos 20 Days) (Inactive).

(2) Enld as AIC 23 Jan 92 for 4 yrs. Ext: 8 Mar 95 for 23
Months. Svd: 3 Yrs 11 Mos 6 Days, all AMS. SRA - 23 May 94.
EPRs: 5,5,3.

Article 15: 23 Dec 92, Langley AFB, VA - Article 134 & 121.
You did, between on or about 15 Jun 92 and on or about 15 Sep
92, with intent to defraud, falsely pretend to the ---------
Telephone Company, that you were authorized to use the

telephone account of ---------~-- , then knowing that the
pretenses were false, and by means thereof did wrongfully
obtain from the -------- Telephone Company, services of a

value of $107.55 to wit: long distance telephone service and
fees. You did, between on or about 15 Jun 92 and on or about
15 Sep 92, wrongfully appropriate a video cassette recorder
of a value of about $250.00, the property of ---------
Suspended reduction to the grade of AMN, forfeiture of
$100.00 pay per month for 2 months, and a reprimand.

(No Appeal) (No mitigation)

3. SERVICE UNDER REVIEW:

a. Reenld as SRA 29 Dec 95 for 6 Yrs. Svd: 3 Yrs 9 Mos 20 Das, of which
AMS is 3 Yrs 8 Mos 0 Das (Ex: 1 Month 20 Das lost time)

b. Grade Status: AB -26 Aug 99 (SPCM Order No. 4, 29 Sep 99)

c. Time Lost: 12 Aug 99 - 1 Oct 99 (1 Month 20 Days)

d. Art 15’s: (1) 30 Dec 98, Osan AB, Korea - Article 92. You did, on
divers occasions, between on or about 19 Oct 98 and or
or about 17 Nov 98, fail to obey a lawful general
regulation, to wit: paragraph 6.1.1, Air Force
Instruction 33-129, dated 1 Jan 97, by wrongfully using
FD2002-0389

government provided computer hardware and/or software
for other than official and authorized government
business. Suspended reduction to the grade of A1C, and
forfeiture of $250.00 pay per month for 2 months.

(No appeal) (No mitigation)

e, Additional: None.
f. CM: Special Court Martial Order No.4, 29 September 1999,
CHARGE 1: Article 121. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Osan Air Base, Republic of Korea,
on or about 6 Oct 98, steal funds, military property, of a value
of about $2,100.00, the property of the United States.

CHARGE II: Article 81. Plea: Guilty. Finding: Guilty.

Specification 1: Did, at or near Osan Air Base, Republic of
Korea, between on or about 1 Sep 98 and or or about 6 Oct 98,
conspire with Staff Sergeant --------- to commit an offense under
the Uniform Code of Military Justice, to wit: Larceny of funds,
military property, of a value greater than $100.00, the property
of the United States, and in order to effect the object of the
conspiracy the said Senior Airman -------- and the said Staff
Sergeant ---------- , prepared paperwork for reimbursement of the
cost of privately owned vehicle storage.

 

Specification 2: Did, at or near Osan Air Base, Republic of
Korea, between on or about 1 Sep 98 and or or about 11 Dec 98,
conspire with Senior Airman -------+- to commit an offense under
the Uniform Code of Military Justice, to wit: Larceny of funds,
Military property, of a value greater than $100.00, the property
of the United States, and in order to effect the object of the

conspiracy the said Senior Airman -------- provided Senior Airman
aisiatieieteietetaten , name, social security number, and last duty station to
Staff Sergeant ------+-+-- , in order to claim for reimbursement of

the cost of privately owned vehicle storage.
CHARGE III: Article 132. Plea: Guilty. Finding: Guilty.

Specification: Did at or near Osan Air Base, Republic of Korea,
between 1 Sep 98 and on or about 6 Oct 98, by preparing privately
owned vehicle storage paperwork for presentation for approval or
payment to the said Senior Airman -----~--~--- , Make a claim against
the United States in the amount of, approximately $2,100.00 for
privately owned vehicle storage, which claim was false and
‘fraudulent in the amount of approximately $2,100.00 in that no
such payment was warranted and was then known by the said Senior
-FD2002-0389

Airman ------- , to be false and fraudulent. Approved Sentence:
Confinement for two months, forfeiture of $639.00 pay per month
for three months, and reduction to the grade of AB.

g. Record of SV: 19 Apr 95 - 28 Feb 96 Eglin AFB 5 (CRO)
29 Feb 96 - 28 Feb 97 Eglin AFB 4 £(Annual)
1 Mar 97 - 28 Feb 98 Eglin AFB 5 (Annual)
1 Mar 98 - 28 Jun 98 Eglin AFB 5 (CRO)
29 Jun 98 - 14 Jun 99 Osan AB 3 (CRO)

(Discharged from Seymour Johnson AFB)

h. Awards & Decs: AFAM, AFCM, AFLSA, AFTR, AFOSTR W/1 DEV, NDSM, HSM,
NCOPMER, AFEM, AFOUA W/1 DEV, AFGCM W/1 DEV.

i. Stmt of Sv: TMS: (8) Yrs (4) Mos (26) Das
TAMS: (7) Yrs (7) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 23 Aug 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

16 Dec 02/cer
[FOL COR -02 &9

DEPARTMENT OF THE AIR FORCE
Headquarters, 51* Fighter Wing
UNIT 2067
APO AP 96278-2067

 

80 SEP 1998

MEMORANDUM FOR 51FW/CC

FROM: 51FW/JA

 

SUBJECT: Legal Review of Administrative Discharge

1. On 28 September 1999, QAR 5 1 MSS/CC, initiated discharge action
against a_enniavete io Commission of Serious Offenses. We have reviewed the

above-referenced action in accordance with AFI 36-3208, Administrative Separation of Airmen,
paragraph 5.52. We find it legally sufficient.

2. Facts, The commander initiated discharge based on the following facts:

a. The respondent did, at or near Osan Air Base, Republic of Korea, on or about 6 October
1998, steal funds, military property, of a value of about $2,100.00, the property of the United
States.

b. The respondent did, at or near Osan Air Base, Republic of Korea, between on or about 1
September 1998 and on or about 11 December 1998, conspire with Staff Sergeant Saat
SMA to commit an offense under the Uniform Code of Military Justice, to wit: larceny of
funds, military property, of a value greater than $100.00, the property of the United States, and in
order to effect the object of the conspiracy AB AMlinanaiestaleliagip Staff Sergeant @aiiailiiiy
wey, prepared paperwork for reimbursement of the cost of privately owned vehicle storage.

c. The respondent did, at or near Osan Air Base, Republic of Korea, between on or about 1

September 1998 and on or about 11 December 1998, conspire with Senior Airman SQ

gman commit an offense under the Uniform Code of Military Justice, to wit: larceny of
funds, military property, of a value greater than $100.00, the property of the United States, and in

order to effect the object of the conspiracy f provided Senior Airman
name, social security number, and last duty station to Staff Sergeant =
in order to claim for reimbursement of the cost of privately owned vehicle storage.

‘d. The respondent did, at or near Osan Air Base, Republic of Korea, between on or about 1
September 1998 and on or about 6 October 1998, by preparing privately owned vehicle storage
paperwork for presentation for approval or payment to AB' make a claim

 

against the United States in the amount of, approximately $2,100.00 for privately owned vehicle
storage, which claim was false and fraudulent in the amount of approximately $2, 100.00 in that
no such payment was warranted and was then known by AB @@m

fraudulent.
- FO2002- OP EF

3. Unit Recommendations. The 51 MSS/CC recommends that the respondent receive an Under
Other Than Honorable Conditions (VOTHC) discharge, without suspension for probation and
rehabilitation (P&R).

4. Member’s Response. On 24 Sep 99, the respondent consulted counsel, waived his right to a
discharge board and waived his right to submit statements. On 29 Sep 99, the respondent
receipted for the Notification Memorandum.

5. Legal Analysis.

a. Background. The respondent pled and was subsequently found guilty at a Special Court-
Martial on 12 Aug 99 for the offenses listed in paragraph 2 above. He was sentenced to a Bad-
Conduct Discharge (BCD), reduction to AB, forfeiture of $639.00 pay per month for 3 months,
and 3 months confinement. However, upon submission of clemency matters you decided to not
approve the BCD and instead administratively discharge him. On 24 Sep 99 pursuant to your
decision, the respondent submitted a waiver of his rights to an administrative discharge board
and to submit matters and accepting whatever discharge characterization deemed appropriate.

b. AFI 36-3208, Chapter 5, paragraph 5.52, authorizes separation for misconduct based on
the commission of a serious offense if a punitive discharge would be authorized for the same or a
closely related offense under the Manual for Courts-Martial. In this case the respondent’s
misconduct was so serious that it resulted in a Special Court-Martial. Additionally each of the
four offenses listed in paragraph 2 authorizes a punitive discharge. Therefore, the basis for
discharge in this case is established. IAW AFI 36-3208, paragraph 1.18.3, a UOTHC discharge
is authorized when basing the reason for separation on a pattern of behavior or one or more acts
or omissions that constitute a significant departure from the conduct expected of airmen.
Additionally paragraph 5.48.1 states that discharges for commission of a serious offense usually
should be under other than honorable conditions. The respondent’s misconduct in this case
clearly is a significant departure from the conduct expected of airmen. Additionally, the judge
sentenced him to a Bad-Conduct Discharge because his conduct was so egregious. Therefore a
UOTHC is appropriate in this case. Given the nature of the misconduct, P&R is taapprepeale in
this case.

6. Options. As the Special Court-Martial Convening Authority, you have the option to:

a. Reject the respondent’s unconditional waiver of a discharge board and order an
administrative discharge board convened; or

b. Forward the package to 7 AF/CC recommending that he accept the respondent’s
unconditional waiver and discharge him with an Honorable, General or UOTHC discharge, with
or without P&R.
F22002.-O2&?

7. Recommendation. We recommend you sign the letter at Tab 1 recommending to 7 AF/CC
that the respondent be discharged with a UOTHC discharge without P&R.

  

 

Staff Judge Advocate

Attachments:
1. Recommendation Memo
2. Case File
_FE2002-0 2 So

DEPARTMENT OF THE AIR FORCE
51st Mission Support Squadron
UNIT 2097
APO AP 96278-2097

 

28 SEP 1999

   

MEMORANDUM FOR ABQ
FROM: CC
SUBJ ECT: Notification Letter - Board Hearing

1. [am recommending your discharge from the United States Air Force based upon Commission
of Serious Offenses. The authority for this action is AFPD 36-32, Military Retirements and
Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.52. I have
attached copies of the documents to be forwarded to ume separation authority to support this .

recommendation.
2. My reasons for this discharge action are as follows:

a.. You did, at or near Osan Air Base, Republic of Korea, on or about 6 October 1998, steal
funds, military property, of a value of about $2,100.00, the property of the United States. For
this misconduct, you plead and were subsequently found guilty by a Special Court-Martial. The
court sentenced you to a bad-conduct discharge, three months confinement, forfeiture of $639.00
pay per month for three months, and reduction to AB (See Atch 1, AF Form 1359, Report of
Result of Trial, dated 12 Aug 99). The Special-Court Martial Convening Authority subsequently
decided to grant your request for clemency by disapproving the bad-conduct discharge and
instead accepting your waiver of a discharge board for an involuntary separation with an Under
Other Than Honorable Conditions (VOTHC) service characterization.

b. You did, at or near Osan Air Base, Republic of Korea, between on or about 1

September 1998 and on or about 11 December.1998, conspire with Staff Sergeant gga

am. commit an offense under the Uniform Code of Military Justice, to wit: larceny of
funds, military property, of a value greater than $100.00, the property of the United States, and in
order to effect the object of the conspiracy you and Staff Sergeant Wee prepared
paperwork for reimbursement of the cost of privately owned vehicle storage. For this
misconduct, you plead and were subsequently found guilty by a Special Court-Martial. The
court sentenced you to a bad-conduct discharge, three months confinement, forfeiture of $639.00
pay per month for three months, and reduction to AB (See Atch 1, AF Form 1359, Report of
Result of Trial, dated 12 Aug 99). The Special-Court Martial Convening Authority subsequently
decided to grant your request for clemency by disapproving the bad-conduct discharge and
instead accepting your waiver of a discharge board for an involuntary separation with an Under
Other Than Honorable Conditions (JOTHC) service characterization.

‘c. You did, at or near Osan Air Base, Republic of Korea, between.on or about 1

ious 1998 and on or about 11 December 1998, conspire with Senior Airman agg

o commit an offense under the Uniform Code of Military Justice, to wit: larceny of
|) FB2002.-03 FF

funds, military property, of a value greater than $100.00, the property of the United States, and in

order to effect the object of the conspiracy you provided Senior Airman RR AOGRE
name, social security number, and last duty station to Staff Sergeant RNMBesin order to

claim for reimbursement of the cost of privately owned vehicle storage. For this misconduct,
you plead and were subsequently found guilty by a Special Court-Martial. The court sentenced
you to a bad-conduct discharge, three months confinement, forfeiture of $639.00 pay per month
for three months, and reduction to AB (See Atch 1, AF Form 1359, Report of Result of Trial,
dated 12 Aug 99). The Special-Court Martial Convening Authority subsequently decided to
grant your request for clemency by disapproving the bad-conduct discharge and instead
accepting your waiver of a discharge board for an involuntary separation with an Under Other
Than Honorable Conditions (UOTHC) service characterization.

d. You did, at or near Osan Air Base, Republic of Korea, between on or about 1 —
September 1998 and on or about 6 October 1998, by preparing privately owned vehicle storage
paperwork for presentation for approval or payment to yourself, make a claim against the United
States in the amount of approximately $2,100.00, for privately owned vehicle storage, which
claim was false and fraudulent in the amount of approximately $2,100.00 in that no such
payment was warranted and was then known by you to be false and fraudulent. For this
misconduct, you plead and were subsequently found guilty by a Special Court-Martial. The
court sentenced you to a bad-conduct discharge, three months confinement, forfeiture of $639.00
pay per month for three months, and reduction to AB (See Atch 1, AF Form 1359, Report of
Result of Trial, dated 12 Aug 99). The Special-Court Martial Convening Authority subsequently
decided to grant your request for clemency by disapproving the bad-conduct discharge and
instead accepting your waiver of a discharge board for an involuntary separation with an Under
Other Than Honorable Conditions (UOTHC) service characterization.

3. This action could result in your separation with an Under Other Than Honorable Conditions
discharge. I am recommending that you receive an Under Other 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 not eligible for reenlistment in
the Air Force and will probably be denied enlistment in any component of the armed forces.
Additionally, the Air Force may recoup any special pay, bonus, or education assistance funds
that you have received.

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 on 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.
_ F2200 2~ OPSs

Special Court-Martial for larceny of $2,100.00, conspiring to commit larceny on divers
occasions, and making a false claim against the United States. .Member was found guilty of all
charges and specifications. Sentenced to a bad-conduct discharge, confinement for 3 months,
reduction to AB and forfeiture of $639.00 pay per month for 3 months.

j. Overall ratings on EPRs:

3” 29 Jun 98-14Jun99 = “5. 19 Apr 95 - 28 Feb 96
“5” 1 Mar 98 - 28 Jun 98 “3” 18 Aug 94-18 Apr 95
“5” 1 Mar 97 - 28 Feb 98 “5” 31 Dec 93 - 17 Aug 94
“4” 29 Feb 96-28 Feb 97 = “5” 23 Jan 92 - 30 Dec 93

k. Favorable communications, citations, or awards:

Air Force Commendation Medal Humanitarian Service Medal

Air Force Achievement Medal A.F, OS Short Tour Service Ribbon
A.F, Outstanding Unit Award (1 OLC) A.F, Longevity Service Award

Air Force Good Conduct Medal (1 OLC) NCO PME Ribbon

National Defense Service Medal Air Force Training Ribbon

Armed Forces Expeditionary Medal

|. Derogatory data, other than action by courts-martial or under Article 15, UCMJ: None

m. Medical or other data meriting consideration: None

n. The member does not hold an appointment as a reserve commissioned or warrant officer.
3. Before recommending this discharge, I have considered the respondent’s entire military
record. His misconduct during this period was punished by an Article 15/Unfavorable
Information File (UIF) and Special Court-Martial. Based upon the severe nature of his

misconduct, I do not recommend probation and rehabilitation in accordance with AFI 36-3208,
chapter 7.

 

Commander

Attachments:

. Notification Memorandum w/Atchs
Airman’s Acknowledgement
Airman’s Statement

Medical Clearance Letter

EPRs

Other Documents

DAnARWN=