AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

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

   

YES

 

 

VOTE OF THE BOARD

MEMBERS SITTING HON ai TOTHC OTHER] DENY

 

 

 

 

 

 

 

|
re) mM mK) OK

 

 

 

 

 

ISSUES INDEX NUMBER EXHIBITS SUBMITTED. TO; THE BOARD

 

A92.01, A94.05 A67.30 ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

 

Tel wl wl om

19 FEB 03 FD2002-0455 COUNSEI.’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

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 SIGNATURE OF BOARD PRESIDEN

 

 
 

 

DATE: 19 FEB 03

 

 

 

 

 
  

 

FROM:

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 | po9_9455

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 believes his discharge is inequitable because it was based on one isolated incident in
51 months of service. The records indicated the applicant received a General Discharge for Misconduct —
Commission of a Serious Offense after being found guilty by a Special Court Martial for wrongfully using a
credit card that was not his. The DRB took note of the applicant’s duty performance as documented by his
performance reports, letters of recommendation and other information contained in the records. They found
the seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance.
The Board concluded the misconduct was 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. The Board concluded the misconduct of the applicant appropriately characterized his term of
service.

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
FD2002-0455

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

Fe (Former A1C) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 27 Mar 02 UP AFI 36-
3208, para 5.52.3 (Misconduct - Commission of a Serious Offense). Appeals for

Honorable Discharge.
2. BACKGROUND:

a. DOB: 4 Nov 78, Enlmt Age: 17 10/12. Disch Age: 23 4/12. Educ: HS DIPL.
AFOT: N/A. A-80, E-72, G-59, M-72. PAFSC: 2A353A - Tactical Aircraft

Maintenance Apprentice. DAS: 24 Apr 98.
b. Prior Sv: (1) AFRes 9 Sep 96 - 12 Aug 97 (11 months 4 days) (Inactive).

(2) Enlisted ag AB 13 Aug 97 for 4 yrs. Svd: 3 yrs 9 months
23 days, all AMS. AMN - 13 Feb 98. Al1C - 13 Dec 98. SRA -~ 13 Feb 00. EPRs:

5,5,5.
3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 6 Jun 01 for 4 Years 3 Months. Svd: 0 Yrs 9 Mos 21
Das, all AMS.

b. Grade Status: A1C - 17 Oct 01 (SPCMO No.1, 8 Nov 01)
c. Time Lost: None.
d. Art 15's: None.
e. Additional: None.
££. CM: Special Court Martial Order No.1 - 8 Nov O1
CHARGE I: Article 80. Plea: Guilty. Finding: Guilty.

Specification: Did, on or about 30 Apr 01, attempt to steal money

of a value of about $453.27, the property of -------- , by
wrongfully using a ------- Credit Card account number issued to
Mr. ------- to purchase gift cards from ------ Stores, Inc.

CHARGE II: Article 121. Plea: Guilty. Finding: Guilty.

Specification 1: Did, on or about 1 May 01, steal money of a

value of about $190.64, the property of ------- , by wrongfully
using a ------- Credit Card account number issued to Mr. -------
to purchase cigars from the ---------+- Company. Plea: Guilty.

Finding: ' Guilty.
FD2002-0455

Specification 2: Did, on or about 30 Apr 01, steal money of a

value of about $603.27, the property of ------- , by wrongfully
using a -~-------- Credit Card account number issued to Mr. ----=--
to purchase gift cards from -------- Stores, Inc. Plea: Guilty.

Finding: Guilty. Sentence adjudged by officer and enlisted
members on 17 Oct 01: Reduction to A1C, and hard labor without
confinement for three months.

g. Record of SV: 13 Oct 00 - 19 Oct 01 Eglin AFB 2 _ (Annual)
(Discharged from Eglin AFB)
h. Awards & Decs: AFEM, AFTR, AFLSAR, AFOUA W/1 OLC, AFGCM.

i. Stmt of Sv: TMS: (5) Yrs (6) Mos (19) Das
TAMS: (4) Yrs (7) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Oct 02.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 51 months of service of impecable (sic) quality.

Issue 2: A Jury decided that discharge was not needed and I completed my
punishment without question or discord.

Issue 3: The attached documents show my dedication to service throughout my
career and punishment.

ATCH

Letter of Support.

Eleven Letters of Support.

Letter of Apology.

. Acceptance of Responsibility.
Restitution.

Promotion Below the Zone.
Maintenance Airman of the Year.
Maintenance Airman of the Quarter.
. Certificate of Recognition.

10. Certificate of Appreciation.

11. Three Letters of Appreciation.
12. Three Enlisted Performance Reports.

eon tk Whe

28JAN03/ia
F02600Z- of SS

DEPARTMENT OF THE AIR FORCE
58" FIGHTER SQUADRON (ACC)
EGLIN AIR FORCE BASE, FLORIDA

“] Mar 2
58 FS (ACC)

  

MEMORANDUM FOR
FROM: 58 FS/CCQ
SUBJECT: Notification Memorandum

1, Iam recommending your discharge from the United States Air Force for misconduct,
specifically commission of a serious offense. The authority for this:action is

AFPD 36-32 and AFI 36-3208, paragraph 5.52.3. If my recommendation is approved,
your service will be characterized as honorable, general, or under other than honorable
conditions. I am recommending that your service be characterized as a general discharge.

2. My reasons for this action are:

On 17 Oct 01, you were convicted by a Special Courts-Martial of two
specifications of larceny and one specification of attempted larceny. Specifically, you

‘stole money of a value of about $793.91, the property of Discover Financial Services, by

wrongfully using a Discover account number issued taQjgamato purchase gift cards
from Wal-Mart Stores, Inc and cigars from Thompson Cigar Company. You also
attempted to steal money of a value of about $453.27, the property of Discover Financial

Services, by wrongfully using a Discover account number issued (ORR
purchase gift cards from Wal-Mart Stores, Inc. Your sentence consisted of reduction to
AIC and three months hard labor without confinement.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial
(SPCM) jurisdiction or a higher authority will decide whether you will be discharged or
retained in the Air Force and if you are discharged, how. your service will be
characterized. If you are discharged, you will be ineligible for reenlistment in the Air
Force. Special pay, bonuses, or education assistance funds may be subject to

recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to

assist you. I have made an appointment for you to a
building 451, 882-4185, on Od at _/ OAO__ hours. You may consult

civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you
want the separation authority to consider must reach me within 3 workdays from today
unless you request and receive an extension for good cause shown. I will send them to

the separation authority.

Global Power For +bmeriea
FD2002~ o¢55

  

6. If you fail to consult counsel or to submit statements on your own behalf, your failure
will constitute a waiver of your right to do so.

7. You will complete a medical examination with the 96th Medical Group, physical

examination section on // MAR QQ at 0715 hours.

8. You have been scheduled for an appointment with the 96th Mission Support

Squadron, separation section, on {3 MALoA at OF 002 hours. Immediately after

completion of your briefing, report to the 96th Traffic Management Office with your
completed AFDTC Form 4134 or LGTT Office Form B133. If you have a TMO pickup,

it must be before | "9 MAR Od...

9, You are required to receive a briefing from the Family Support Center prior to your
separation. You have been scheduled to recéive your Transition Assistance Management

Program (TAMP) briefing on [QQ NAd2 at CSCO __ hours.

10. Any personal information you furnish in rebuttal is covered by the Privacy Act of
1974, A copy of AFI 36-3208 is available for your use in your unit orderly room.

11. If you fail to consult counsel or to submit statements on your own behalf, your
failure will constitute a waiver of your right to do so.

 

2 Attachments:
1. Supporting Documents
la. Report of Result of Trial, dated 17 Oct 01

2, Airman Acknowledgement