I *  
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE, INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 

' 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

YES 

No 
X 

I 

I 

MEMBER SITTING 

, 

HoN 

VOTEOFTHEBOARD 

GEN 

/  UOTHC 

I  OTHER 

I  DENY 

GRADE 

*LC 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION O F  COUNSEL 

I 

I 
I ~ 

ISSUES  A94.05 

I  INDEX NUMBER 

A67.30 

HEARING  DATE 

CASE NUMBER 

I 

1 
I 

I 

I 

EXHIBITS S U B M m D  'SO TL;IE BOARD 

I 

I 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  /  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

08 Jun 2004 
APPLICANTS ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSStl)  ON THE AITAC1IP.D AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2002-0012 

I 

I 

I 

I 

I 
Case heard at Washington, D.C. 

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 

T WEST, SUITE 40 
AFB, TX 78150-4742 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

NEL COUNCIL 

1 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0012 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 and a Letter of Reprimand for a civilian conviction.  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 DRB was 
pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in 
his discharge was suggested or found in the course of the hearing.  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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH A1C) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Wurtsmith AFB, MI on 27 Jun 
91 UP AFR 39-10, para 5-48 (Civilian Conviction).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Nov 70.  Enlmt Age: 18 9/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-85,  E-74,  G-70,  M-82. PAFSC: 90230 -  Apprentice Medical 
Specialist. DAS: 12 Jun 90. 

b.  Prior Sv: (1) AFRes 22 Jun 89 -  11 Oct 89  (3 months 20 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB  12 Oct 89 for 4 yrs. Svd: 1 Yrs 8 Mo 16 Das, of which 

AMS is 1 yr 8 months 8 days  (excludes 8 days lost time). 

b.  Grade Status:  A1C  -  12 Feb 91 

Amn -  Unknown 

c.  Time Lost:  8 Jun 91 thru 15 Jun 91 (8 days). 

d.  Art 15's:  (Examiner's Note:  The Notification Letter, 20 Jun 91, lists 

as an attachment an AF Form 3070, dated 21 Mar 91. 
However, the document is missing from the file and is not 
mentioned anywhere else). 

e.  Additional: LOR, 19 JUN 91 -  Civilian conviction for 3 counts of 

larceny. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (0) Mos  (6) Das 

TAMS:  (1) Yrs  ( 8 )   Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Oct 01. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Three Character References. 

., B.S.N., F.F. 

Dear service reviewers, 

Allow me to introduce myself.  My name is 

I am thirty-three years 
old and currently live in Miami, Florida.  I am writing this letter to you today in hopes of 
being granted a discharge status upgrade.  Back in June of 1991 I made an error in 
judgment and actions.  I took full responsibility for my childish actions. These actions 
embarrassed my family, my-selg  and the Air Force.  I have regretted my actions that day 
ever since.  I have never, prior to or after, been in any sort of incident.  Since my 
discharge I have continued to follow through with what I started with the Air Force.  I 
completed my nursing degree in 1995.  I have also graduated from the Fire Academy 
received my EMT and Para-Medic.  Currently I am working at Jackson Memorial 
Hospital, Miami.  I have been there for over two years now on the organ transplant unit. 
I am also on the Weapons of Mass / HAZMAT team as a team leader.  I have 2 sons and 
a daughter on the way.  I have worked hard to try to build a good life for my family and 
myself.  I feel this is something I need to take care of to continue to provide for my 
family as it could hinder employment opportunities in the future.  Please accept my 
sincere apologies and I would gladly serve my country again with honor if ever called 
upon. 

I initially took the advice of my uncle, Col. 

JAG (Ret.) to file 

form DD149.  I was instructed that that was the wrong process and to file form DD 293. 
I will attach with this form three personal reference letters, original DD form 214, and 
this letter. Please feel free to contact me at anytime.  I thank you for your time and may 
this find you in good health and spirits. 

! 

j 

D E P A R T M E N T  OF THE A I R   FORCE 
H E A D Q U A R T E R S  379TH B O M B A R D M E N T  W I N G   ( S A C )  

W U R T S M I T H  A I R   F O R C E  B A S E ,  M I C H I G A N  48753  5000 

REPLY TO 
A T T N   OF: 

379  STRAT  HOSP/CC 

S U B J ~ C ~ :  

N o t i f i c a t i o n   L e t t e r  

2  0  JUN  1991 

TO: 

A1C 

379  S t r a t   Hosp 

1.  I  am  recommending  your  d i s c h a r g e   from  t h e   United  S t a t e s  A i r   Force  f o r  
a  c o n v i c t i o n   by  c i v i l i a n   a u t h o r i t i e s .   The  a u t h o r i t y   f o r   t h i s   a c t i o n   is  AFR 
39-10,  paragraph  5-48. 
c h a r a c t e r i z e d   a s  honorable  o r   g e n e r a l .  
c h a r a c t e r i z e d   as  g e n e r a l   (under  honorable  c o n d i t i o n s ) .  

I f   my  recommendation  i s   approved,  your  s e r v i c e  w i l l  be 
I  am  recommending  t h a t   your  s e r v i c e   be 

2.  My  r e a s o n s   f o r   t h i s   a c t i o n   a r e :  

a .   On  o r   a b o u t   17  Feb  91  you  were  unlawfully  i n  p o s s e s s i o n   o r   a  p a i r   of 

A s   a  r e s u l t   you  were  c o n v i c t e d   i n  Michigan  D i s t r i c t  

s k i s   valued  a t   $2,205.00. 
Court  of  t h r e e   c o u n t s   of  l a r c e n y .   You  were  sentenced  t o   $505.00 
c o s t s ,   30  days  of  confinement,  i n  which  your  served  10  d a y s ,   and  a 
p r o b a t i o n a r y   p e r i o d   of  one  y e a r .   T h i s   i s   evidenced  by  C e r t i f i c a t e   of 
C o n v i c t i o n   from  t h e   Eighty-Second  D i s t r i c t   of  Michigan  d a t e d   1 0  Jun  91,  and  a 
L e t t e r   o t   Reprimand  (LOR)  d a t e d   1 9  J u n   91. 

i n   f i n e s   and 

Copies  of  t h e   documents  t o   be  forwarded  t o   t h e   s e p a r a t i o n   a u t h o r i t y   i n   s u p p o r t  
of  t h i s   recommendation  a r e   a t t a c h e d .   The  commander  e x e r c i s i n g   SPCM 
j u r i s d i c t i o n   o r   a  h i g h e r   a u t h o r i t y   w i l l   d e c i d e  whether  you  w i l l  be  d i s c h a r g e d  
o r   r e t a i n e d   i n   t h e   A i r   Force. 
f o r   r e e n l i s t m e n t   i n   t h e   A i r   Force. 

I f   you  a r e   d i s c h a r g e d ,   you  w i l l   be  i n e l i g i b l e  

3.  You  have  t h e   r i g h t   t o   c o n s u l t   counsel.  M i l i t a r y   l e g a l   c o u n s e l   has  been 
I  have  made  an  appointment  f o r  you  t o   c o n s u l t   Capt 
o b t a i n e d   t o   a s s i s t   you. 

a t  Bldg  1810,  Room  111,  on  21  J u n   91,  a t   0900  h o u r s .   You  may 

c o n s u l t   c i v i l i a n   c o u n s e l   a t  y o u r   own  expense. 

4.  You  have  t h e   r i g h t   t o   submit  s t a t e m e n t s   i n  your  own  b e h a l f .   Any 
s t a t e m e n t s   you  want  t h e   s e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   must  r e a c h   me  by 
25  J u n   91  u n l e s s   you  r e q u e s t   and  r e c e i v e   an  e x t e n s i o n   f o r   good  cause  shown. 
I  w i l l   send  them  t o   t h e   s e p a r a t i o n   a u t h o r i t y .  

I f   you  f a i l   t o   c o n s u l t   counsel  o r   t o   submit  s t a t e m e n t s   i n  your  own  b e h a l f ,  

5. 
your  f a i l u r e  w i l l   c o n s t i t u t e   a  w a i v e r   of  your  r i g h t   t o  d o   so. 

6 .   You  have  been  scheduled  f o r   a  medical  examination.  You  must  r e p o r t   t o  
379th  S t r a t e g i c   H o s p i t a l ,   Bldg  1842,  p h y s i c a l   Examination  S e c t i o n ,   on  20  J u n  
91  a t  0700  h o u r s / P a r t   11  i s  a t   1000  hours  on  20  J u n   91. 

7.  Any  p e r s o n a l   i n f o r m a t i o n   you  f u r n i s h   i n  r e b u t t a l   i s   covered  by  t h e   P r i v a c y  
Act  Statement  as  e x p l a i n e d   i n  AFR  39-10,  attachment  6 .   A  copy  of  AFR  39-10 
i s  
a v a i l a b l e   f o r   your  u s e   i n   t h e   U n i t   O r d e r l y   Room. 

War is our profession  --  Peace is our product 

8.  Execute  t 

ed  acknowledgment and return it  to me immediately. 

Commander 

Lt Col, USAF 

3 Atchs 
1.  Certificate of Conviction, 

10 Jun 91. 

2 .   LOR, 19 Jun 91 
3.  AF  -Fm 3070, 21 Mar 91.  7 .  
Airmans Receipt  of Notification 

Letter