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
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EXEIBiW SUBMITTED Tb WE BOARd
1 I ORDER APPOINTING THE BOARD
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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
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DECISIONAL R A T I * ~ ~ ~ R F DISCU~SPJ) ON THE ATTACT
AIRPQPCE D I S ~ ~ G E
REVIEW BOARD DECISIONAL RATIONALE.
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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.
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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.
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' 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
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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
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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
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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)
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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
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, 19 June
20 01
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, 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
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AF | DRB | CY2001 | FD01-00019
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AF | DRB | CY2003 | FD2003-00396
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AF | DRB | CY2002 | FD2000-0105
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AF | DRB | CY2003 | FD01-00091
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
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
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
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.
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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...