AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SRA
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL, : : : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES INDEX NUMEER wie EXHIBITS SUBMITIED-TO THE BOARD at ol
A94,05 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
t 3, | LETTER OF NOTIFICATION 7
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
28 MAR 05 | FD2002-0416 COUNSEL'S RELEASE TO THE BOARD
‘ ’ ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

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: CAPPLICANT'S ISSUE AND THE: BOARD’ S DECISIONAL RATIONAL*ARE DISCUSSED ON! THE: ATTACHED. AIR. FORCE DISCHARGE REVIEW BOARD 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

 
 
 

 

> pane: 28 MAR 03

it

 

EAL s i a

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 FD02-0416

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: The applicant states his discharge was improper because he believes his command abused its
authority when it decided to discharge him. He further states that his discharge was based solely on one
isolated incident. The record indicates the applicant received an Article 15 for conspiring with another
airman to wrongfully make a military identification card. And, with the intent to deceive, sign an official
record that was false. And, he wrongfully solicited another airman to wrongfully and falsely make a
military identification card by altering dates of birth to reflect that a member is over the age of 21. The
Board concluded the misconduct was a significant departure from 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 and that the characterization of the discharge received by the applicant was found to be
appropriate.

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
FD2002-0416
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ap (Former SRA) (HGH SSGT)

1. MATTER UNDER REVIEW: Appl rec'd a UVOTHC Disch fr USAF 26 Apr 01 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Jan 75. Enlmt Age: 17 9/12. Disch Age: 26 3/12. Educ: HS DIPL.
AFQOT: N/A. A-39, E-38, G-41, M-26. PAFSC: 3P051 - Security Forces Journeyman.
DAS: 4 Aug 99.

b. Prior Sv: (1) AFRes 10 Nov 92 - 20 Jun 93 (7 Mos 11 Days) (Inactive).

(2) Enid as AB 21 Jun 93 for 4 yrs. Svd; 3 Yrs 4 Mos 28 Das,

all AMS. AMN - Unknown. AIC - (EPR Indicates): 21 Jun 93 - 20 Feb 95. SYA -
(EPR Indicates): 21 Feb 96 - 20 Feb 97. EPRs: 4,5.
3. SERVICE UNDER REVIEW:

a. Reenld as SRA 18 Nov 96 for 4 yrs. Svd: 4 Yrs 5 Mos 9 Das, all AMS.

b. Grade Status: SrA - 8 Mar 01 (Article 15, 8 Mar 01)
SSGT - 1 Jul 99

c. Time Lost: None.

d. Art 15’s: (1) 8 Mar 01, Minot AFB, ND - Article 81. You, did,
between 1 Sep 00 and on or about 2 Oct 00, conspire with
Alc ----, and A1C --- to commit an offense under the

UCMJ, to wit: wrongfully making of a military
identification card, and in order to effect the object
of the conspiracy the said AlC --- and Al1C --~---- did
contact SrA ---- and request military identification
cards. Article 107. You, did, on or about 28 Nov 00,
with intent to deceive, sign an official record, to wit:
AF Form 1168, Statement of Suspect, which statement was
false in that you said, "I never instructed anyone to
obtain an ID from ---," or words to that effect and was
then known by you to be so false. Article 134. You,
did, between on or about 1 Sep 00 and on or about 30 Sep
00, wrongfully solicit SrA -------- to wrongfuly and
falsely make a military identification card by altering
dates of birth to reflect that a member is over the age
of twenty-one. Reduction to the grade of SrA,
forfeiture of $826.00 pay per month for 2 months, and 30
days extra duty. (No appeal) (No mitigation)
FD2002-0416

e. Additional: LOA, 22 FEB 01 - Failure to make satisfactory progress on
the Weight Management Program.

LOC, 18 JAN O01 - Failure to make satisfactory progress on
the Weight Management Program.

£. CM: None.

g. Record of SV: 21 Feb 96 - 20 Feb 97 McClellan AFB 5 (Annual)
21 Feb 97 -~- 02 Jul 97 McClellan AFB 5 (CRO)
03 Jul 97 - 02 Jul 95 Izmir AS 4 (Annual)
03 Jul 98 - 02 Jul 99 Tzmir AS 5 (Annual)
03 Jul 99 - 24 Feb 00 Minot AFB 4 (CRO)

(Discharged from Minot AFB )

h. Awards & Decs: AFAM W/1OLC, JMUA W/10LC, AFOUA W/10LC, AFGCM W/10LC,
NDSM, AFHSM, AFOSSTR, AFLSAR, NCOPMEGR, SAEMR W/1 BRONZE STAR, AFTR.

i. Stmt of Sv: TMS: (8) Yrs (5) Mos (17) Das
TAMS: (7) Yrs (10) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 30 Sep 02.
(Change Discharge to Honorable)

Issue 1: My commander abused his authority when he ordered me back from
terminal leave three days after my terminal leave had ended. My command abused
its authority when it decided to discharge me with an Other Than honorable
discharge (sic). The discharge was based solely on one isolated incident in
which I was punished with an Article 15 administrative punishment, nonjudical.
IT was charged with being in violation of article 81, 107, and 134 all which we
(sic) based on hear-say (sic). My punishment was reduction to the grade of
Senior Airman/E-4, forfeiture of $826.00 pay per month for 2 months and 30 days
extra duty. On 13 Dec 01, I was charged with wrongful use/possession of a
controlled substance which was dropped with the outcome of a urinalyse (sic).

Issue 2: I hada prior Honorable Discharge. I was allowed to reenlist on
19 Nov 96 in Incirlik Air Base Turkey after my first enlistment had expired.

Issue 3: I have been a good citizen since my discharge. I am currently
working as a certified nursing assistance (CNA) in Mohall, ND and worked over
one year. I am a volunteer EMT-B on the ambulance service in Lansford, ND and
have been since I completed the course. I attend Apostolic Faith Church in
Minot, ND regulary (sic) and have been since I moved back to North Dakota in
August of 2001.

ATCH
1. Discharge Documents.

31Dec02/cr
Ly SS £pr002~OUb
[. 4ARTMENT OF THE AIRFORCE © fs

HEADQUARTERS 5th BOMB WING (ACC)
MINOT AIR FORCE BASE, NORTH DAKOTA

 

ay
MEMORANDUM FOR CG APR 12 20

, ”

FROM: JA

SUBJECT: Legal Review — -3208, Paragraph 5.50.2 Discharge,
iin: 5 SFS

1. | have reviewed the administrative discharge action against 
pproached a senior airman and asked her if she could change the dates of birth on

military identification cards to show that members were over 21 years old. He then told
her that he would be sending some friends her way. Later in that same month, on two
separate occasions#{i@iPMold two airmen first class who were under 21 years old that
they could get false identification cards by contacting the senior airmen that he had
previously solicited to make false identification cards. On separate occasions, these two
airmen first class contacted the senior airman and had false identification cards made.
When Silla ws confronted regarding these crimes by investigators on 28 Nov 00, he
made a false official statement by denying that he had ever told anyone to get a false
identification card from the senior airman. Contrary io ae, contention that this

___ discharge is based on what is essentially one incident, a review of the facts shows that Jy

We gaged in a pattern of misconduct consisting of at least four distinct incidents.
Additionally, each of these incidents alone could have supported an Article 15 or a court-

martial. Although it is true that @i@iiewas punished for all of these incidents in one

action under Article 15, that in no way changes the fact that this was a pattern of
misconduct. Therefore, it is appropriate to proceed with this discharge action under
paragraph 5.50.

(2) More specifically, it is appropriate to proceed with this action under
paragraph 5.50.2 because this pattern of misconduct was prejudicial to good order and
discipline. While4#@§NBMMpecites a portion of paragraph 5.50.2 and claims that@@

@Rnisconduct does not fit under this paragraph, he fails to cite the following
sentence, which states that conduct prejudicial to good order and discipline “also
includes conduct of a nature that tends to bring discredit on the Air Force in the view of
the civilian community.” The reason that@@iii helped these other airmen get fake
identification cards was so that they could get into civilian bars and drink alcohol. This
-would certainly tend to bring discredit on the Air Force, especially if those in the civilian
community knew that these military members were obtaining altered identification cards
from the very source where official military identification cards are made. Additionally,
the first sentence of paragraph 5.50.2 explains that this paragraph “includes conduct of
a nature that tends to disrupt order, discipline, or morale within the military community.”
While MY argues that “these broad, catch-all inclusions could arguably define
even the most minor offenses,” the fact is that@jigame offenses are not the most
minor offenses. They involve conspiring with and soliciting airmen to commit offenses.
He also made a false official statement to investigators. What's more SIN was an
NCO at the time, and was on duty in his law enforcement patrol car on at least one of
the occasions when he committed this misconduct. The very person that was
supposed to be enforcing the law on Minot AFB was actually the person that was
breaking the law and encouraging others to do so. This shows by a preponderance of
the evidence (the applicable standard) that his misconduct would tend to disrupt order,
discipline, and morale within the military community. And contrary 10 Saaten
argument, it also shows that this misconduct could cause disruption and degradation of
inission effectiveness. Therefore, the facts documented in that paragraph 2 of this legal

_ review show that@iiip engaged in a pattern of misconduct that is prejudicial to good
order and discipline. Thus, a basis for discharge exists under AF! 36-3208, paragraph
5.50.2.

b. APPROPRIATENESS OF DISCHARGE: Next, you must determine whethe Sg
“MBPshould be discharged. You may consider @ga@i¥Pentire military record when
making this determination 
commander does not recommend P&R. He has shown a complete lack of integrity by
engaging in this pattern of misconduct. He has also abused his position as an NCO

and as a law enforcement patrolman. daammererctention on active duty ina
probationary status is not consistent with the maintenance of good order and discipline

in the Air Force. Accordingly, P&R should not be offered in this case.

| 6. ERRORS AND IRREGULARITIES: There are no errors or irregularities which
materially affect the procedural or substantive rights of the member.
7. ACTION WHICH MAY BE TAKEN: As the SPCM authority, your options are:
a. Retain gagaiaap if the evidence does not support discharge; or,

b. Return the case to the squadron for processing under a more appropriate
provision; or,

c. Recommend 8 AF/CC reject Ma unconditional waiver and convene an
administrative discharge board; or,

d. Recommend 8 AF/CC accept GP nconditional waiver and discharge him with
an honorable discharge, with or without suspension for probation and rehabilitation; or,

e. Recommend 8 AF/CC accept tiie unconditional waiver and discharge him
with a general discharge, with or without suspension for probation and rehabilitation; or,

f. Recommend 8 AF/CC accep AE unconditional waiver and discharge him
with an under other than honorable conditions discharge, with or without suspension for
probation and rehabilitation.

8. RECOMMENDATION: That you recommend 8 AF/CC accept iaies
unconditional waiver and separate him with an under other than honorable conditions
discharge without suspension for probation and rehabilitation. If you concur, please
sign the letter at Attachment 1.

 

Attachment:
14. Recommendation Letter
2. Case File
Ma Lo4 pepvee2- 01 b
“” DEPARTMENT OF THE AIR FOKCE

HEADQUARTERS STH BOMB WING (ACG)
MINOT AIR FORCE BASE, NORTH DAKOTA

 

MAR 29 2001

MS SFS

 

FROM: 5 SFS/CC

SUBJECT: Letter of Notification — Board Entitled — AFI 36-3208, Para 5.50.2

1. lam recommending your discharge from the United States Air Force for a pattern of
misconduct, specifically conduct prejudicial to good order and discipline, according to
AFPD 36-32, Military Retirements and Separations, and AFl 36-3208, Administrative
Separation of Airmen, under the provisions of paragraph 5.50.2. Copies of the documents
to be forwarded to the separation authority to support this recommendation are attached.

2. My reasons for this action are: Between about or about 1 Sep 00 and on or about
28 Nov 00, you engaged in the following misconduct:

(1) Between on or about 1 Sep 00 and on or about 2 Oct 00, you conspired with
two fellow airman to commit an offense under the UCM\J to wit: wrongfully making false
military identification cards, and in order to effect the object of the conspiracy the two
airmen contacted another military member and requested the false military identification
cards.

(2) On or about 28 Nov 00, with the intent to deceive, you signed an official
record, to wit: AF Form 1168, Statement of Suspect, which statement was false in that
you said, “I never instructed anyone to obtain an ID from Slings or words to that
effect, and which statement was then known by you to be so false.

(3) Between on or about 1 Sep 00 and on or about 30 Sep 00, you wrongfully
solicited a fellow military member to wrongfully and falsely make a military identification
card by altering the dates of birth to reflect that a member was over the age to twenty-one.

For these acts of misconduct you were punished under Article 15 of the UCMJ on 8 Mar 01,
and an Unfavorable Information File was established. (Atch 3)

3. This action could result in your separation with an under other than honorable conditions
discharge. | am recommending that you receive an under other than honorable conditions
discharge. The commander exercising special court-martial 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 and will probably be denied enlistment in any
component of the armed forces and any special pay, bonus, or education assistance
funds may be subjected to recoupment.

Global Power for America
Sa fepr002~- 0/6

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 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. You have been scheduled for a medical examination. You must report to the
Physical Exam Section, 5th Medical Group Hospital, 10 Missile Avenue, Minot AFB, ND,

at /¥O hours on _2 Apr /_ 2001, for the examination.

6. Military legal counsel has been obtained to assist you. An appointment has been
scheduled for you to consult with iii the Area Defense Counsel, at 300 Summit
Drive, Room 306A, at_0940_ hours on 30AG,cK4 2001. 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 AFI 51-201, Administration of
Military Justice. \n 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.

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. | 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.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of
1974. A copy of AF] 36-3208 is available for your use in the Orderly Room.

9. If you request a board and you fail to appear without good cause, your failure to
appear constitutes a waiver of your right to be present at the hearing.
8 fO20 02-047 b

vada

|
10, Execute the attached acknowledgment and Statement of Understanding and return
them to me immediately. .

 

Attachments:

1. Receipt of Letter of Notification

2. Statement of Understanding

3. AF FM 3070, Record of Nonjudical Punishment Proceedings, 14 Mar 01 w/ Atch
4. Letter of Counseling, 18 Jan 01 °

5. Letter of Admonishment, 22 Feb 01