AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNRSAN 

- x 

1  GRADE 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

- 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

lalllll, 

NAME OF COUNSEL AND OR ORGANEATION 

MEMBER SITTING 

HEARING DATE 
23 Sep 2003 

CASE NUMBER 

Case heard at Washington, D.C. 

ORDER APPOJNTMG THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTlFlCATlON 
I  COUNSEL'S  RELEASE TO THE BOARD 
I  ADDITIONAL EXHIBITS SUBMlTTED AT TIME OF 
I  PERSONAL APPEARANCE 
(  TAPE RECORDING OF PERSONAL APPERANCE 

I 
( 

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 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00224 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither the evidence of record nor that provided by  applicant substantiates an inequity 
or impropriety that would justify  a change of discharge. 

Issues.  Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for commission 
of a serious offense.  During the period of enlistment from which he was administratively discharged, he had 
three  Letters of Reprimand  for unacceptable behavior which included misuse of a government vehicle  after 
obtaining  it  by  deceit,  twice  misrepresenting  himself  as  a  commissioned  officer,  falsifying  official 
documents,  and  downloading  pornographic  material  on  a  government  computer.  The  record  review 
disclosed  thorough  documentation  concerning  each  offense.  At  the  time  of  the  discharge  proceeding, 
applicant  was  notified  by  certified  mail  of  his  right  to  an  administrative  discharge  board,  but  failed  to 
respond within the allotted time, and thus effectively waived his right to a board.  Applicant now contends he 
was  made  an example  of,  and  infers racial  prejudice  played  a  part  in the  chain  of command  decision  to 
separate  him  with  a  UOTHC.  This  contention  could  not  be  verified  through  a  review  of the  records  or 
matters  submitted  by  applicant. 
In  view  of  applicant's  serious  misconduct  over  a  Pmonth  period,  the 
seriousness of the criminal offenses for which he was discharged, and the fact that he received all of his fbll 
due process rights, the  Board could  find no inequity or impropriety that warrants  an upgrade  or change of 
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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SSGT)  (HGH SSGT) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr USAFR 12 Aug 01 UP AFI 36- 
3209,Chapter 3, para 3.21.2 &  3.21.3 (Pattern of Misconduct -  Commission of a 
Serious Offense).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 9 May 70.  Enlmt Age: 17 10/12.  Disch Age: 31 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-82,  E-69,  G-64,  M-58. PAFSC: 1A251 -  Loadmaster Journeyman. 
DAS: 8 Dec 98. 

b.  Prior Sv:  (1) AFRes 22 Mar 88.  Svd: 7 yrs 4 months 21 days, of which 
AMS is 1 yr 6 months 3 days.  A m  -  Unknown.  A1C -  1 Nov 89.  SrA -  1 Jul 90. 
SSgt -  1 Mar 92.  EPRs: Unknown. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted ANG as SSgt 13 Aug 95 for 6 yrs. Svd: 5 Yrs 11 Mo 30 Das, of 

which AMS is 11 Months 22 Days. 

b.  Grade Status:  None. 

c.  Time Lost:  None 

d.  Art 15's:  None. 

e.  Additional: LOR, 14 OCT 00 -  Downloading pornographic material on a 
government computer and misrepresenting 
himself as a commissioned officer. 

LOR, 10 DEC 99 -  Falsifying official documents, lying, and 

~ 

---- 

- 

m i ~ r e p r e s e n t ~ h i m s e l f  as a~..comnissiiond-.._ - 
officer. 

LOR, 10 DEC 99 -  Deceitfully obtaining a government vehicle 

for personal use, failing to return the 
vehicle, and leaving a Turnpike ticket in 
the vehicle while under his control. 

f .  CM:  None. 

g.  Record of SV: 8 Dec 98 -  7 Dec 00  McGuire AFB  2  (Biennial) 

(Discharged from McGuire AFB) 

h.  Awards &  Decs:  ARFMSM W/2 DEV, SWASM, AFOUA, KLM. 

i.  Stmt of  Sv:  TMS:  (13) Yrs  ( 4 )   Mos  (22) Das 

TAMS:  ( 2 )   Yrs  ( 5 )  Mos  (26) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Apr  03. 

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues 
2 .   DD Form 149. 

PPORTING DOCUMENTS (X as applicable) (Please prlnt name and soclal security number o n  each document.) 

WILL NOT BE SUBMIlTED.  PLEASE COMPLETE REVIEW BASED ON AVAllABLE SERVICE RECORDS 

- 

ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION: (Continue on nplain sheet ofpaper fmore space is needed.) 

a.  DOCUMENT 1: 

I b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

8. 

ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board also will review the case to determine whether there are any 

issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in writing to issues of concern to you unless those issues are listed or 
incorporated by specific reference below.  Carefully read the inst~dions that pertain to block 8 prior to complefng this part of the application.  If you need more space, subml 
additional issues on an attachment. 

MY  RECORD  o r  D D 2 1 4 ( t o   w h i c h   I h a v e   n e v e r   r e c i e v e d   e v e n   t h o u g h   I r e q u e s t e d   i t  f r o m  AFRPC) 

I 

PUNISH  AND  MAKE  AN  EXAMPLE  OF  ME  TO  OTHERS  WHO  SUBMIT  REPORTS  TO  THE 
I T  I S  NO  SECRET  THAT  MCGUIRE  AFB  514  AMW  HAS  A  RETENTION  PROBLEM.  I CAME  TO  THE  73Znd 
AS a s   A  LVAUIJIASltK.  UP- 

INSPECTOR  GENERAL. 

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I  I WOULD  "NATURALLY"  FALL  INTO  L I N E   WITH  "THIS  GROUP"  OF  AVIATORS  WITHIN  THE  UNIT.  I  REP I RTED 

T  W F F  WTTH  THAT  R n l F   ANI)  MAT  TNTIIITFn  AT  THF  FACT  THAT 
BEING  AFRICAN  AMERICAN  AND  HAVING  RELATIVES  WHO  HAVE  BEEN  ON  THE  WRONG  SIDE  OF  THE  LAW 
IHIS  t A C I   TO  THt  I . G .. 

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THERE  TO  GET  OUT  OF  THE  UNIT. 

NOTHING  WAS  DONE. 

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SINGIFD  OUT  I N  T H I S   SITUATION?  I DO  KNOW  THAT  I WANTED  NO  PART 
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I HAVE LISTED ADDITIONAL ISSUES AS AN AlTACHMENT TO THIS APPLICATION. 

. . .- -  . . . -- ~  . . ~  

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I PREVIOUSLY SUBMIlTED AN APPLICATION ON (Enter dafe) 
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

.. 

-. 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

I make the  foregoing statements as part of my application with full  knowledge d the penalties involved for willfully making a false statement (U.S.Code. ntle 18.  Section 1001, pmvides thal an 

individual shall be fined under this title cf irrprrsmed not m e  than 5 years, or both) 

I 3. bCK l IrlCIAI IUN 

1 7  APR  2 0 0 3  

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

ARMY 

Army Review Boards Agency 
Support Division. St. Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis, MO 631 32-5200 

I 

DD FORM 293, DEC 2000 

I 

NAVY & MARINE CORPS 

Naval Council of Personnel Boards 
Bldg. 36 - Washington Navy Yard 
901 M Street. S.E. 
Washington. DC 20374-5023 

AIR FORCE 

SAFIMIBR 
550-C Street West, Suite 40 
Randolph AFB, TX 78150-4742 

COAST GUARD 

I 
Commandant (WPM-60) 
U.S.  Coast Guard Headquarters 
Washington, DC 20593-0001 

I 

I 

Page 2 of 2 Pages 

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DEPARTMENT OFTHE AIR  FORCE 

AIR  FORCE  RESERVE 

MEMORANDUM FOR 5 14 MSSDPMSA 

FROM: 

5 14 AMWIJA 

SUBJECT: 

Legal Review of Administrative Discharge Action 

1 5 October 1999 

I have reviewed the attached administrative discharge action and find it to be 
legally sufficient. 

The Commander recommended the respondent be discharged from the USAFR in 
accordance with AFI 36-3209, Chapter 3, paragraph 3.21.2, Pattern of 
Misconduct, paragraph 3.2 1.3, Commission of a Serious Offense, and paragraph 
3.21.3.4, Serious Offense and Misrepresentation. 

CONCLUSION: There is sufficient evidence in the file to conclude that the 
respondent is subject to discharge. The evidence in the file reveals a lengthy 
history of misconduct, misrepresenting himself as an officer, impersonating an 
officer, misuse of government property, and making false official statements. 

isrepresented his rank and impersonated an officer by wearing a flight 
h officer rank on it 
Maxwell AFB, Alabama as 
government vehicle in January and February 1999 and accessing pornographic 
sites on a government computer in September 2000. Given the egregious nature of 
these offenses, there is ample basis for administrative discharge with Under Other 
than Honorable characterization. I note no procedural errors or irregularities 
which would affect the substantial rights of the respondent. 

in at the Family Support Center at 
r, there is ample evidence of misuse of a 

1. 

2. 

3. 

4. 

RECOMMENDATION: I recommend the disc 
discharge authority with a recommendation that 

. . . -. . . - - - -- -- -. - 

. -  - 

-0 
materials upon the expiration of the required response time. 

respond to the most recent LOR has not expired. We will forward those 

5 .  

If you have any questions concerning this determination, please call the legal 
office at 4-2778 during duty hours. 

-  -?=--- 
Assistant Staff Judge Advocate 

- 

--' 

-=- 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE RESERVE COMMAND 

MEMORANDLIM  FO 

500 B Street Unit 22444 
Keesler AFB MS  39534-2263 

FROM:  HQ AFRCIDPM 

155 Richard  Ray Blvd 
Robins AFB GA  3 1098-1635 

SUBJECT:  Notification of Initiation of Separation Action under AFI  36-0209 

1.  By  this  memorandum  separation  action  is  being  initiated  to  separate  you  for  n~isconduct. 
comn~ission of a serious oft'ense, other serious offense 
'The  authority for this separation action is 
AFI  36-3209,  Chapter  3,  paragraph  3.2 1.3.4  Information regarding your  entitlement  to  submit 
statements about your case, the lawhl usage of such statements and their disclosure is provided in 
the  attached  Privacy  Act  Statement  (Atch  1).  A description of  the  reasons for  this  separation 
action  is  set  forth  in  the  attached  Statement  of  Reasons  (Atch  2)  along  with  supporting 
documents.  AFI  36-3209 is available for your review at  your servicing Military Personnel  Flight. 
The  types  of  separation  authorized  are  Honorable, General  (Under  Honorable  Conditions)  and 
Under Other Than Honorable Conditions.  The type of separation recommended in your case is an 
Under Other Than Honorable Conditions Discharge. 

2.  Within  24  hours  after  you  receive  this  memorandum,  you  must  complete  and  return  the 
attached  acknowledgnlent of receipt (Atch 3) of this menlorandurn and the attachments thereto. 

3.  The following is a summaly of your rights: 

a  You  are  entitled  to  consult  with  a  military  legal  counsel  who  is  qualified  under  Article 

27(B)(I),  Uniform  Code of Military  Justice (UCMJ), at  no  cost  to you 
with  civilian  l e ~ l  - counsel  o[  your &-oice,  ~
at -ymr  own  expense 
advocate  who  is  qualified  under  Article  27 "(B)(l), has  been  designa 
connection  with  this separation action  His  mailing address is HQ  AFRCIJAS,  155 
Blvd, Robins AFB (3.4 3 1098- 1635.  His phone  numbers are DSN  497-1 
539 1,  con~n~ercial (475) 327-1 588, or fax comnlercial (478) 327-0032, fax DSN 497-0032 

U

I

 

b.  You  haye the  right  to submit  pertinent  statements and/or documents in your behalf  which 
you  desire.@ lie considered in  the disposition of your case.  If  you elect to exercise your right  to 
subnlit  statements,  and  you  return  the attached form (Atch 4) within  15 days of receipt. you  may 
sublni t  statements  or  documents  at  any  time during the  administrative discharge process.  Your 
decision  on  requesting  or  waiving  the  board  hearing  does  not  affect  your  right  to  submit 
statements or documents during the administrative discharge process.  The form  must  be  signed 
legal  counsel  and  returned  to HQ  AFRCIDPR.1, 155 Richard Ray 
either  by  you  or  your 
Blvd, Robins AFB GA -3  1098-1635 

c.  If you  need  additional time  to  respond  to  this  separation action, either you  or your  legal 
counsel  may  submit  a written  request  to  HQ AFRCIDPM,  155 Richard  Ray  Blvd,  Robins  AFB 
GA  3 1098- 1635, for  an  extension  of time,  stating why  you  need  the extra time  and  how  much 
you'll  need.  The request  must  be  submitted in  sufficient time to reach  this office within  15 days 
after receipt of this memorandum. 

4.  You  are  eligible for  an  administrative discharge board.  Within  15 days after you  receive this 
memorandum, you  may  request  to  have your  case heard  by  an  administrative discharge board  at 
this  headquarters  by  completing  and  returning  the  attached  form  (Atch  5)  requesting  a  board 
hearing.  If  you  desire a  board  hearing, you  must  mail  the completed  form  in  sufficient time  to 
reach  this headquarters  within  15 days after your  receipt  of this  memorandum.  Otherwise, your 
right  to  have  your  case  heard  by  an  administrative discharge board  will  be  considered  waived. 
Within  15 days after you  receive this memorandum, you  may  waive your  right  to have your  case 
heard  by  an  administrative discharge board  by  completing and  returning the attached form  (Atch 
6). evidencing your  waiver.  Information 
is 
provided  at Attachment 7 .  

administrative  discharge  board 

regarding  an 

5.  Yo11 are not  eligible to apply for transfer to the Retired  Reserve. 

6.  You  should  note that  failure to respond on  the selection of one of these options, or failure to 
request  a delay within  15 days  after  you  receive this  memorandum, will  constitute waiver  of all 
your rights.  This includes the right to have your case heard  by  an  administrative discharge board, 
and will  result  in your case being processed on  the basis of all the evidence then available. 

7.  Return envelopes are attached (Atch 8) for your convenience. 

-, 

- 
Chief, Military Personnel Operations 
Military Personnel  Division 

  Privacy  Act  Statement 

Attacl~ments: 
I .
2.  Statement of  Reasons wl 
Supporting Doci~mentatiori 
3.  Acknowledgment of Receipt 
4.  Selection of Rights 
5 .   Request for Board Hearing 
6 .  Waiver of Board  Hearing 
7.  Discharge Board  Info 
8.  Envelopes (2) 

CC : 
HC) AFRCIJAS 
5 14 MSS/DPMSA(Relocation) wo Attachments