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AF | DRB | CY2003 | FD2003-00075
Original file (FD2003-00075.pdf) Auto-classification: Denied
$ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ GRADE AFSN/SSAN
AB ions
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL | NAME OF COUNSEL AND OR ORGANIZATION ” ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN LOTHC OTHER DENY
x
X
XxX
|.
x
xX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED.TO THE BOARD
A93.09 A67.30 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE 7
11 JUL 03 FD2003-0075 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S. 18SUE 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 3B

 

INDORSEMENT DATE: 11 JUL 03

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition wil] be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0075

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: Applicant does not contest her discharge. She states that she would like an Honorable discharge
so that she can get the MGIB. The record indicates the applicant received a General Discharge because of a
General Court Martial for writing over 45 checks totaling over $12,000 with the intent to defraud. The
applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade. The Board was
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of
inequity or impropriety that would warrant an upgrade. The Board concluded the misconduct was a
significant departure from conduct expected of all military members. The characterization of the discharge
received by the applicant was found to be appropriate. The Board found no evidence of any inequity or
impropriety on which to base a decision to upgrade the 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
FD2003-00075

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

{Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 24 Feb 94 UP AFI 36~
3208, para 5.49c (Misconduct - Commission of a Serious Offense). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 25 Nov 71. Enlmt Age: 18 10/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOT: N/A. A-98, E-76, G-~94, M-34. PAFSC: 3C051 - Communications-Computer
Systems Operations Journeyman. DAS: 8 Oct 91.

b. Prior Sv: (1) AFRes 18 Oct 90 - 1 May 91 (6 months 14 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 2 May 91 for 4 yrs. Svd: 2 Yrs 4 Mo 28 Das, of which AMS
is 2 yrs 0 mos 4 days (exludes 4 months 25 days lost time).

b. Grade Status: AB - 1 Nov 93 (GCM, 23 Sep 93)
AMN - 2 Nov 91

c. Time Lost: 23 Sep 93 thru 18 Feb 94 (4 months 25 days).

d. Art 15’s: None,

e. Additional: AF FORM 65, 27 MAY 93 - Failure to make weight standards
and counseled for being late
several times.

£. CM: General Court Martial - 23 Sep 93, Chapter 123a.

Specification 1: Make 30 worthless checks with intent to defraud.
Plea: Guilty. Finding: Guilty.

Specification 2: Make one worthless check with intent to defraud.
Plea: Guilty. Finding: Guilty.

Specification 3: Make one worthless check with intent to defraud.
Plea: Guilty. Finding: Guilty.

Specification 4: Make one worthless check with intent to defraud.
Plea: Guilty. Finding: Guilty.

Specification 5: Make three worthless checks with intent to
defraud. Plea: Guilty. Finding: Guilty.
FD2003-00075

Specification 6: Make two worthless checks with intent to

defraud.

Plea: Guilty. Finding: Guilty.

Specification 7: Make one worthless check with intent to defraud.
Plea: Guilty. Pinding: Guilty.

Specification 8: Make six worthless checks with intent to

defraud.

Plea: Guilty. Finding: Guilty. Sentence adjudged on

23 Sep 93: To be reduced to E-1; to forfeit $250.00 per month for
six months; and to be confined for six months.

g. Record of SV:

2 May 91 - 1 Jan 93 Ramstein AB 2 (Initial) REF

(Discharged from Charleston AFB)

h. Awards & Decs: AFOSLTR, NDSM, AFTR.

1. Stmt of Sv:

TMS: (2) Yrs (9) Mos (12) Das

TAMS: (2) Yrs (0) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 31 Jan 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

2. Two Letters of Reference.

1APRO3/ia
Fpsted3 020 75

   

To Whom It May Concern:

I am writing this letter on behalf of myself. I was discharged from the Air Force in 1994
because of conduct that was unbecoming. I served my time in the Mannheim facility and
every day I was'there, I regretted what I had done. I know there is no way to ever say
that I am not only sorry for what I did, but I was ashamed of what I had become. I could
never explain to someone else the things that put me in that position. I was not only
young, but I was confused with the things that had happened to me in the past and the
things that were happening to me while in Germany. For the first time in my life, I was
away from my family and did not have the emotional support I needed to keep me
grounded. I had been having a tough time reconciling a lot of personal issues in my life
and things that had at times caused me to act out of character. When I was at home, I had
people surronding me who would keep me stable, but when I was away from home, it
was just me and I never realized how dependent I was on the care of my family.

My entire life was a soap opera, from my father leaving me, my mother being addicted to
drugs up to my uncle molesting me. [ tried to push these things down, but what it caused
me to do was seek out love and friendship from those that really did not care about me
the person this pushed me into doing things that I would not normally do and into
situations that I would not normally be involved. When I got into the military, I thought
it would help me to become stronger. I started out alone in a room with no friends and
then when I finally made friends, it was not the kind of friends I should have been
involved with. People took my naivete and used it against me. I thought that I had to
buy friends and make people love me because I did not feel worthy of being loved for
simply who I was because it had not worked for me in the past. I used money to get the
love that I so desperately needed.

My life then and my life now are totally different. I am a happier person and with
counseling and Prozac. I have been able to be the person I always knew I could be. Iam
a hard-worker and I take pride in not only who I am, but also my actions. I am a member
of Bethel Baptist Institution. I teach Sunday school class from time to time. Iam very — *
active in my young sisters’ lives teaching them about how to become strong women
without selling a part of yourself. I am also in school working on my Bachelor’s Degree
in Computer Science. I have maintained exemplary grades and am working in a field that
allows me to use what I am learning in school. I have a support base of family and
friends, but because I have gone through counseling and handle my Prozac intact I am a
better person. | love life and I am enjoying the one I have been blessed to be in. [ look
back on the things I have done with regret, but it has helped me to be stronger. I set up

payment arrangements to pay back the debt I owe and it should be paid in full.
FO Z003 ~gag IE

I am asking that you review me as I am now and not the person I was before. I am
attempting to continuing to create a wonderful life for myself and for that I need to finish
my education. My goal is to eventually get my Ph.D. in Education with a Specialization
in Computer Technology. In order to reach this goal, I need to have the use of the GI Bill
I paid into while in the military. I know that you do not have to grant me this
opportunity, but based on my record at this point in my life, I am asking for a second
chance to do something I should have done in the past, and that is live my life the best
way I know how with making the horrible mistakes I have made in the past.
my
DEPARTMENT OF THE AIR FORCE
UNITED STATES AIR FORCES IN RUROPE fD 2003 ODO 72)

FROM: 1856 CSGP/cC
t
SUBJ: Letter of Notification \ Dec A

ro: DQ, Se

1. I am recommending your discharge from the United States Air Force for
misconduct, specifically commission of a serious offense. The authority for
this action is AFR 39-10, Section H, Paragraph 5-49. If my recommendation is
approved, your service can be characterized as honorable, general, or under
other than honorable. f am recommending that your service be characterized

as general.

2. My reason for this action is: On 23 Sep 93, in a General Court-Martial
held at Ramstein Air Base, you were convicted of twelve specifications of
making worthless checks with the intent to defraud.

NOTE: Copies of the documents to be forwarded to the separation authority in
support of this recommendation are attached. The commander exercising 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.

3. You have the right to consult legal counsel. Military legal counsel has
been obtained to assist you. An appointment has been made for you to consult
the Area Defense Counsel at Bldg 2111 on 13 Dec 93, at 1300 hours. You may
consult civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any
Statements you want the separation authority to consider must reach me by
\i bec 43; unless you request and receive an extension for good cause. I
will send them to the separation authority.

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

6. You have been scheduled for a medical examination. You will report in
uniform with your escort to USAF Ramstein Clinic, at 1400 on 13 Dec 93 for
the examination. If you wear glasses, you must bring them with you; if you
wear contacts, you must be able to remove them. If you have a family history
of diabetes, you must fast for 12 hours prior to your appointment. ,

7. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFR 39-10, Attachment 6. A copy of
APR 39-10 is available for your use in your Unit Orderly Room.

   

he attached acknowledgment and return it to me immediately.

“ oi els

1 Atch

Supporting Documents for the Reasons
for Discharge

a. AP Form 1359, 23 Sep 93

b. AF Form 65, 27 May 93

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