‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

 

 

 

 

 

 

   
  

 

 

; { NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN Quay
X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
HON GEN VOTHC OTHER DENY
: : x
z —
i i x
‘ : xX
H 1
}
: : x
; :
x
ISSUES Ags 09 INDEXNUMBER 4 6 19 : E UB! ED TO THE BOARD
A61.00 1_|_ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
* 4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
HEARING DATE CASE NUMBER
15 Jan 2004 FD-2003-00447

 

   

 

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

 

 

 

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

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

 

AFHO FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used

t
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00447

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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for failure to go twice and for making a false official statement. In addition, he received one
Letter of Reprimand for dereliction of duty by over abusing over-the-counter dietary supplements, and a
Letter of Counseling for collecting and keeping personal and privacy act information on another airman and
her family. The DRB opined that through these administrative actions, the applicant had ample
opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions
were a significant departure from the 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.

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
. FD2003-00447
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) {HGH A1C}

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 28 Jan 03 UP AFI 36-
3208, para 5.49 & 5.51.1 (Misconduct - Minor Disciplinary Infractions and
Civilian Conviction). Appeals for Honorable Discharge. —

2.,. BACKGROUND:

a. DOB: 9 Sep 81. Enimt Age: 18 3/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOQT: N/A. A-71, E-92, G-72, M-76. PAFSC: 1N531 - Electronic Signal
Intelligence Exploit Apprentice. DAS: 20 Apr 01.

b. Prior Sv: (1) AFRes 13 Dec 99 - 28 Mar 00 {3 months 16 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 29 Mar 00 for 6 yrs. Svd: 2 Yrs 9 Mo 29 Das, of which
AMS is 2 yrs 9 months 13 days (excludes 17 days lost time).

b. Grade Status: AMN - 14 May 02 {Article 15, 14 May 02)
A1lC - 12 May 00

c. Time Lost: 7 Jun 02 thru 23 Jun 02 {17 days).

d. Art 15’s: {1} 14 May 02, Wright-Patterson AFB, OH - Article 86. You,
did, on or about 4 Apr 02, without authority, fail to go
at the time prescribed to your appointed place of duty.
You, did, on or about 29 Apr 02, without authority, fail
to go at the time prescribed to your appointed place of
duty. Article 107. You, did, on or about 4 Apr 02,
with intent to deceive, make to SSqt
an official statement, to wit: "I had to go talk to
somebody at NAIC to see if my cléarance was in", which
statement was totally false and was then known by you to
be so false. Reduction to Airman, suspended reduction
to AB, 45 days extra duty, and a reprimand. (No appeal)
(No mitigation)

e. Additional: LOR, 28 MAY 02 - Dereliction of duty.
LOC, 28 MAY 02 ~ Collecting and keeping personal and
Privacy Act information on another Airman
and her family.

£. CM: None.

g. Record of SV: 29 Mar 00 - 29 Dec 01 Wright-Patterson AFB 3 (HAF Dir)
FD2003-00447
30 Dec 01 - 29 Dec 02 Wright-Patterson AFB 1 (Annual) REF
{Discharged from Wright-Patterson AFB)

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

i. Stmt of Sv: TMS: (3) Yrs (1) Mos (16) Das
TAMS: (2) Yrs (9) Mos {13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 Sep 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

110CTO3/ia
Frases ~-205 $47

DEPARTMENT OF THE AIR FORCE
AIR INTELLIGENCE AGENCY

 

22 Jan 03

FROM: NAIC/CCQ

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Civilian Conviction
(paragraph 5.51.1); and Misconduct — Minor Disciplinary Infractions (paragraph 5.49), with
Civilian Conviction (paragraph 5.51.1) as the primary reason. The authority for this action is
AFPD 36-32 and AFI 36-3208. If my recommendation is approved, your service will be
characterized as under honorable conditions (general).

2. My reasons for this action are:

a. On or about 3 Nov O1, you violated Article 92 of the UCMI by abusing an over the

counter dietary supplement. For this violation you received a Letter of Reprimand dated 28 May
02.

b. On or about 5 May 01, NAIC was contacted by the First Sergeant from the 74 Medical

Support Squadron concerning your relationship with an Airman ei. a

Phase H medical student assigned to the 74" Medical Support Squadron. According to the
complaint, Airman Sea ad recently discovered you were keeping a dossier on her, her
friends, her family, and co-workers. As a result of these actions, you received a Letter of
Counseling dated 28 May 02.

c. On or about 4 Apr 02 and 29 Apr 02, you violated Article 86 of the UCM] by failing to go
at the time prescribed to your place of duty, building 4000/Gate 26-C, Area C, Wright-Patterson
Air Force Base Ohio and on 4 Apr 02 you violated Article 107 of the UCMJ by making a false

official statement to SSgt"9gygeNes For these violations you received nonjudicial
punishment dated 22 May 02.

d. On or about 25 Nov 02, you plead guilty to and were convicted of Burglary by the Circuit
Court of the Eleventh Judicial Circuit, Woodford County, Illinois. As a result, this -
administrative discharge action has been initiated.

3. 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, and any special pay, bonus, or education assistance funds may
be subject to recoupment.

“Freedom Through Vigilance”
PpZecs SOF FT

4. Military legal counsel, Captain QF Area Defense Counsel], Building 199, Kittyhawk Area,
Wright-Patterson AFB, OH, (937) 257-7841, has been obtained to assist you. An appointment
has been scheduled for you to consult him on 22 Jan 03 at 1000. Instead of the appointed
counsel, you may have another, if the lawyer you request is in the active military service and is
reasonably available as determined according to AFI 51-201, Administration of Military Justice.
In addition to military counsel, you have the right to employ civilian counsel. The Air Force
does not pay expenses incident to the employment of civilian counsel. Civilian counsel, if

employed, must be readily available.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within 3 working days of your receipt of this
letter, unless you request and receive an extension for good cause shown. I will send your
statements to the separation authority.

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

7. You must schedule yourself for a medical examination through Tricare or your Primary Care
physician.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the orderly room.

 

Attachments:
i. Letter of Reprimand, 28 May 02
2. Letter of Counseling, 28 May 02

3. AF Form 3070, Record of Nonjudicial Punishment, 22 May 02.
4. Court Order to Probation, 25 Nov 02