Search Decisions

Decision Text

AF | DRB | CY2003 | FD2002-0533
Original file (FD2002-0533.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M E  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

A M N  

TYPE 

' . C F N S E L  

YES 

NO 
X 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X  RECORD REVIEW 
ADDRESS AND OR ORGANlZATlON OF COUNSEL 

MEMBERS SITTING 

ISSUES 
A94.05 

- 
HEARING DATE 
30APR 03 

MDEX NUMBER 
A70.00 

CASE NUMBER 
FD2002-0533 

I 
I 

I 
I 
EXEIBiW SUBMITTED Tb WE BOARd 

1  I  ORDER APPOINTING THE BOARD 

I 
I 

I 
I 

I 
I 

3 
4 

LETTER OF NOTIFICATION 
BRlEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

C~PLICANT'S ISSUE AND TH& B O ~ S  

I Case heard at Washington, D.C. 

REMARKS 

I 

DECISIONAL R A T I * ~ ~ ~ R F  DISCU~SPJ) ON THE ATTACT 

AIRPQPCE D I S ~ ~ G E  

REVIEW BOARD DECISIONAL RATIONALE. 

I 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SIGNATURE OF RECORDER 

I SIGNATURE OF BOARD PRESIDENF 

T WEST, SUITE 40 
AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

I 

1 

I 

- 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0533 

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 to Honorable 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. 

The applicant's issues are listed in the attached brief. 

ISSUE:  The  applicant  contends his  discharge was  inequitable because  it  was  too  harsh.  The  records 
indicated the  applicant was punished by  a  Special Court Martial for stealing a master  key  to  a building, 
entering  a  room  of  another  airman  and  stealing  a  PlayStation  2.  He  received  an  Under  Other  Than 
Honorable Conditions Discharge for these actions.  The applicant states that he suffered the loss of both his 
grandparents and his wife was involved in a serious motor vehicle accident in Washington, D.C. (member 
was at Mountain Home AFB, Idaho).  He also states that his superior and co-workers continually harassed 
him because his father was a retired military officer, and his friends alienated him.  Finally, he states that he 
was  diagnosed with  having  Schizophrenia.  He  believes that his medical condition  caused his  problems. 
The  records  indicate the  applicant was diagnosed with  Schizotypal Personality Disorder. The  Diagnostic 
and  Statistical  Manual  of  Mental  Disorders  (DSM  IV)  defines  Schizotypal  Personality  Disorder  as 
characterized by  a pervasive pattern of social and  interpersonal deficits marked by  acute discomfort with 
and  reduced  capacity  for  close  relationships  as  well  as  by  cognitive  or  perceptual  distortions  and 
eccentricities of behavior.  However, this  did not  prevent  the  applicant from knowing  right  from  wrong 
when he deliberately took the key, entered the room, and stole the PlayStation 2.  The Board concluded the 
misconduct was a significant departure from conduct expected of all military members. 

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. 

Attachment: 
Examiner's Brief 

Schizotypal Personality Disorder 
The Diagnostic and Statistical Manuel of Mental Disorders (DSM IV) defines Schizotypal 
Personality Disorder is characterized by a pervasive pattern of social arid interpersonal 
deficits marked by acute discomfort with and reduced capacity for close relationships as 
well as by cognitive or perceptual distortions and eccentricities of behavior, beginning by 
early adulthood and present in a variety of contexts as indicated by: odd beliefs or 
magical thinking that influences behavior and is inconsistent with sub-cultural norms, 
unusual perceptual experiences, odd thinking and speech, suspiciousness or paranoid 
ideation, inappropriate constricted affect, lack or close friends, excessive social anxiety 
that does not diminish with familiarity and tend to be associated with paranoid fears, and 
ideas of reference (incorrect interpretation of casual incidents and external events as 
havirrg a particular and unusual meaning specifically for the person). Individuals often 
seek treatment for associated symptoms of anxiety, depression or other dysphoric 
affects.  Particularly in response to stress, individuals with this disorder may experience 
transient psychotic episodes, typically not longer than hours.  A small number of 
individuals with this disorder go on to develop Schizophrenia or another Psychotic 
Disorder. 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGB REVIEW BOARD 

ANDREWS  AFB, MD 

MISSING DOCUMENTS 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a UOTHC Disch fr USAF 9 Aug 01  UP AFI 36- 
3208, Chapter 4 (Discharge in Lieu of Trial by Court Martial).  Appeals for 
Honorable Disch. 

a. DOB:  2 1   Sep  80. Enlmt Age: 19 7/12.  Disch Age: 20 10/12..Educ: HS DIPL. 
AFQT: N/A.  A-79,  E-81,  G-57,  M-67. PAFSC: 2T337 - Vehicle Maintenance Control 
and Analysis Apprentice. DAS: 27 Nov 00. 

b.  Prior Sv: (1) AFRes  21 Apr 00 -  16 May 00 (26 ~ a y s )  (~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enld as AB  17 May 00 for 4 yrs, Svd: 1 Yr 2 Mos 24 Das, all M S .  

b.  Grade Status:  AMN -  17 Nov 00 

c.  Time Lost:  None. 

d .   Art 15's:  None. 

e.  Additional: Examiner's Note: 366 TRNS/CC Memo, dated 27 Jul 01, states 

applicant had three letters of counseling. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Mountain Home AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Y r   ( 3 )   Mos  (20) Das 
TAMS:  (1) Yr  (2) Mos  (24) D a s  

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 20 Nov 02. 

(Change Discharge to Honorable) 

ISSUES ATTACHED T O   BRIEF 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. VA Educational Claim. 
4. Discharge Documents. 
5 .   Medical Report. 
6. Leave and Earning Statements. 

.  . 

' DD FORM 293 (Continuation) fo 

8.  ISSUES 

I respectfully request my discharge from the U.S. Air Force (USAF) be upgraded to 
either Honorable or General Discharge under Honorable conditions for the following 
reasons.  Prior to entering the USAF I suffered the loss of my grandmother on my 
mother's side of the family (Dec 1999), 1 was very close to her.  During my tenure in the 
5J.S. Air Force (May 2000 - Aug 2001)  1 encountered numerous other personal 
problems, I suffered the loss of my grandmother on my father's side (Feb 2001) and 
while stationed at Mountain Home A.F.B.,  Idaho, my spouse (attending a university 
there) was involved in a serious motor vehicle accident in Washington, D.C, (Mar 2001), 
an accident that required multiple surgeries on her legs.  I attempted to get a 
compassionate reassignment to the Washington, D.C. area, but all efforts failed. 
Naturally, my attitude and desire to be in the U.S. Air Force became negative.  I became 
forgetful of appointments and duties, as I was distracted by concerns for my wife who 
was undergoing serious medical procedures in Wastrington, D.C..  On June 19, 2001,  1 
was charged with stealing a Playstation 2 (value less than $100.00) from another 
person's quarters (see Supporting Document: c.  Document 3 and d. Document 4),  a 
charge I felt was untrue and unjustified.  (I already owned a Playstation 2)  Since I felt I 
was innocent of the charges, when an Article 15 was offered, I refused it and requested 
a trial by court-martial and later requested a discharge in lieu of trial by co~.~rt-martial, 
because I saw it as a possible opportunity to get discharged  from the Air Force and be 
with my wife.  Prior to and during the course of the legal proceedings, I was continually 
harassed by my superiors and co-workers, because my father was a retired military 
officer, and alienated by my friends.  Because of the harassment and pressures from 
my chain of command, on June 22,2001,l was admitted to the Boise, Idaho, 
Intermountain Hospital, Intensive Care - Psychiatric Ward, after I attempted to take my 
own life (see Supporting Documents: e.  Document 5 and f. Document 6).  l was 
released June 26,2001.  1 was given a psychiatric evaluation by a USAF Psychiatrist 
and was diagnosed with having Schizophrenia and this condition has been confirmed by 
another civilian physician since my discharge.  The USAF Psychiatrist should have 
presented this information to the USAF Discharge Hearing at Mountain Home AFB and 
explained that my irrational behavior was not intentional, but a medical condition.  I am 

' DD FORM 293 (Continuation) for 
8.  ISSUES 

really sorry for the stupid things I did and the poor decisions that I made while on active 
duty, but because of my medical condition in my mind I thought I was doing the right 
ti-ling, because the accusations were false and the item had a value of less than 
$1 00.00,  1 had no idea that the U.S. Air Force would go to such extremes to punish an 
individual for such a minor offense.  Although, I had legal counsel and was advised on 
the legal aspects of my actions, legal counsel failed to coordinate with the medical 
professionals before granting an expedient discharge for the convenience of the local 
command.  At no time, were my medical problems and mental instability taken into 
consideration before being given a less than honorable discharge (see Supporting 
Document: a.  Document I). 

I am sure that if I had not been stricken with Schizophrenia, confronted with the loss of 
two grandmothers in such a short period of time and my wife's accident and multiple 
surgeries, I w o ~ ~ l d  still be in the U.S. Air Force and serving honorably to this day. 
Unfortunately, we do not have control of what life throws at us.  When advised by legal 
counsel that I could take a discharge in lieu of court-martial, I jumped at the chance, 
because my wife was in a wheelchair and needed me. 

Additionally, I contributed $1,200.00  to the Montgomery G.I.  Bill for education benefits 
and because of the type of discharge given to me, I am not entitled to the education 
benefts or reimbursement of the $1,200.00.  (see Supporting Documents: b. Document 
2, g.  Document 7 and h. Document 8)  All of this punishment for an item valued at less 
than $1 00.003 

Again, I respectfully request my discharge from the U.S. Air Force (USAF) be upgraded 
to either Honorable or General Discharge under Honorable conditions.  Thank you for 
your consideration in this matter. 

lo.  CHARGE I  Violation of the UCMJ, Article 107 

' 

K CHARGES AND SPEOFlCATlOWS 

Specification:  In 
Mountain Home Air 
Form 1 168 stating "I entered dorm 2425 and went to the second floor to shoot pool and let my mind clear.  Tha lights were already on 
in the day room and upon entering noticed an object resting upon the edge of the fooseball table.  The object was a Playstation 2, and I 
lpicked itup and e d e &  i t  It bad no video c&d and no &&. 

United States Air Force, 366th Transportation Squadron, did, at or near 
001, with the intent to deceive, sign an official s t a m t ,  to w k  AF 

I to& the device to my room and thought wbat had I done."  or 
d the Playstation 2 &om 

ment was false in that 
was then known by 

I Specification 1:  In 

I 

Specification 2:  In that 

near Mountain Home 
value of less than $100.00, the property of the United States Govemrqent. 

United States Au Force, 366th Transportation Squadron, did,  at or 
h 2001, stqal a master key for building 2425, military propty, of a 

i 

ted States Air Force, 366th Tramportation Squadron, did, at or 
001, steal a Playstation 2, of a value of more h n  $100.00, the 

1 

ICHARGE III  Violation of the UCMJ, ~ c l e . ' l 3 4  

Specification:  In tha 
Mountain Home Air 

ted States Air Force, 366th Transportati 
1, unlawfidly enter the dormitoty room of 

AlTlDAVIT: Before me, the ~mdcrsigned, authorized by law to adminkam oath in c&es  of this character, personally appead the above named 
accuser this 19 day of June, 2001, and signed the foregoing charges and specifications uncles oath that hefshc is apasonaubject to the Uniform Code 
of Military Justice and that hdshe either has personal knowledge of or has investigated the matters set forth therein and that tbe sam m true to the 
best of hidbw knowledge and belief. 

Captain 
Grade 

DDfORM  458, MAY 2000 

PRMOUS  EDITION IS OBSOLETE. 

Staff Judge Advocate 

t&Wol  CIlpadQ to Administer 00th 

(?b R CM. 307@1(1) - musi be cornmihionad oflcq) 

I 

I 

8 ifnoti/tcation cmnol be made.) 

366th Transportation Squadron 
Organization of I d i a u  Co-u 

Mountain  Home  Air  Force  Base, 

Idaho 

FOR nlr 

COMMANDER 
S t a f f   Judge  Advocate 
wcial  Ckpady ofrncm Signing 

i 

,  19  June 

20  01 

i 

, subject to the following instructions: 

NO ne 

b#  FOR  'THE  COMMANDER 
Command or Order 

~ & f f  Judge  Advocate 
OHcid CapacUy of Ofice Signing 

,20  01 

, I (caused to be) served a copy hereof on peUWdQ the above p a d  accused. 

Grade or Ranh of Zkhtl Counsel 



Similar Decisions

  • AF | DRB | CY2002 | FD2002-0028

    Original file (FD2002-0028.pdf) Auto-classification: Denied

    The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from a Special Court-Martial conviction. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD2002-0028 (Former AB) (HGH Unknown) 1. Plea: G. Finding: G. Specification: Did, at or near Mountain Home Air Force Base, Idaho, from on or about 20 y, of a value of about September 1997 to on or about 10 October 19 $2,600.00, the property of...

  • AF | DRB | CY2001 | FD01-00019

    Original file (FD01-00019.pdf) Auto-classification: Denied

    The records indicated the applicant was found guilty in a Special Court-Martial for unlawfully entering the dormitory room of another military member with the intent to commit larceny, and thereafter, stole a check. In yiew of the foregoing findings the board further concludes that there exists no legal or equitable basis for upgradelchange of reason for discharge and change of RE code, thus the applicant's discharge should not be changed. (Change Discharge to Honorable and Change RE...

  • AF | DRB | CY2003 | FD2003-00396

    Original file (FD2003-00396.pdf) Auto-classification: Denied

    As a result, you received a Letter of Counseling (LOC) on 14 Jan 0 1. Your scheduled medical examination was on& Mar hours. Finally, proceed with a copy of this letter to the Traffic Management Office (TMO), in Building 5 12, immediately after receiving your separation orders from the Separations Section at the MPF for arranging shipment of your household goods. '

  • AF | DRB | CY2002 | FD2000-0105

    Original file (FD2000-0105.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0105 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Such a discharge characterization, where the sole basis for discharge is a serious offense that resulted in conviction by a court-martial and the court declined to issue a punitive discharge, can only be approved by the Secretary of the Air Force (para 1.21.3). Recommendation: Discharge Respondent with a general discharge without PER.

  • AF | DRB | CY2003 | FD01-00091

    Original file (FD01-00091.pdf) Auto-classification: Denied

    ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary Infractions. (Change Discharge to Honorable) Issue 1: I should've (sic) a medical discharge when instead I got an honorable/general discharge. Recommendation: Discharge Respondent with a general discharge without P&R.

  • AF | DRB | CY2004 | FD2003-00265

    Original file (FD2003-00265.pdf) Auto-classification: Denied

    The Board finds that neither the evidence of record nor that provided by the applicant substantiates an ineqhity or impropriety that would justify a change of discharge ISSUE: The applicant received a general discharge for conduct prejudicial to good order and discipline and cited three issues: Issue 1 : The applicant feels that the discharge was inequitable because it was too harsh considering the contribution he put forth toward the Air Force and his solid work ethic and performance in the...

  • AF | DRB | CY2002 | FD2001-0363

    Original file (FD2001-0363.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2001-0363 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) 1. I am recommending your discharge from the United States Air Force for commision of a serious offense according to AFR 39-10, under the provisions of paragraph 549d. If your discharge.

  • AF | DRB | CY2005 | FD2005-00156

    Original file (FD2005-00156.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SrA) (HGH SrA) 1. (Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge) Issue 1: I am asking for an upgrade because I would like to reenter the Air Force. (Atch 4) - e. On or about 11 Jan 02, you allowe you were insubordinate to arresting officers LOR, dated 17 Jan 02.

  • AF | DRB | CY2003 | FD2003-00053

    Original file (FD2003-00053.pdf) Auto-classification: Denied

    mere AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN SRA | ee PERSONAL APPEARANCE X RECORD REVIEW ] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL NONE MEMBERS SITTING ea ISSUES INDEX NUMBER f iS ORDER APPOINTING THE BOARD A93.11, A94.05, A94.53 447.00 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING DATE 03-05-28 CASE NUMBER FD2003-00053 BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...

  • AF | DRB | CY2006 | FD2006-00016

    Original file (FD2006-00016.pdf) Auto-classification: Denied

    550 C STREET WEST, SUI'TF 40 RANDOLPH APB, TX 781 50-4742 AIR FORCE DISCHARGE REVIEW 1535 COMMAND DR. RE WING, JR ANDREWS APB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD~2006~00016 GENERAL: The applicant appeals for upgrade of discharge to honorable. If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a...