AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL} GRADE AFSN/SSAN
_ AIC = .

xX | PERSONAL APPEARANCE RECORD REVIEW

i Hl ae NAME OF COUNSEL AND OR ORGANIZATEOK ADDRESS AND OB ORGANIZATION OF COUNSEL

 

 

MEMBER SITTING ON

 

 

 

 

 

 

 

 

 

 

  
   
     

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE es at ED

ADDITIONAL EXHIB: ID AT TIME O
PERSONAL APPEARANCE.

TAPE RECORDING OF PERSONAL APPEARANCE

  

 

  

 

 

 

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HEARING DATE CASE NUMBER

18 Oct 2004 FD-2004-00093

 

      

Case heard via video teleconference between Travis AFB, CA and Andrews AFB, MD.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

  
    

 
   
    
 

SAF/MRBR
550 C STREET Wi!
RANDOLPH AFB,

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

1335 COMMAND DR, FE WING, 3RD FLOOR

ANDBEWS AFB, MD 20762-7002

    
 

UITE 40
78150-4742

 

AFHG FORM 06-2077, JAN 00 (EF-V2} Previous edition will be used _
CASE NUMBER

      
 
  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp.2994-00093

   
      
     
     
      
       

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board without counsel, via video-
teleconference between Travis AFB, CA and Andrews AFB, MD on October 18, 2004.

 
  

The following additional exhibits were submitted at the hearing:
Exhibit 5: Character statement dated October 13, 2004 from Mrs JH, applicant’s spouse
Exhibit 6: Character statement dated Cctober 11, 2004 from Mr. RD

Exhibit 7: Character statement dated October 6, 2004, from Ms. JK

Exhibit 8: Character statement dated October 13, 2004 from Reverend CC

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

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

ISSUES:

 
      
    
     

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated that
pursuant to his guilty plea, the applicant was convicted at Summary Court Martial for theft of $372.00 from
his unit’s private organization funds, of which he was treasurer. Additionally, applicant had several
instances of failure to pay just debts, failure to maintain vehicle insurance, driving with expired license
plates, and having his driver’s license suspended, then revoked. The DRB concluded that applicant did
commit a very serious offense, about which he lied when first confronted. They found the seriousness of the
willful misconduct offset any positive aspects of the applicant's duty performance. At the time of the
offense, applicant was age 24 and 25, and there was no evidence he was immature or didn’t know right from
wrong, thus he was held accountable for his actions, The Board concluded the misconduct was a significant
departure from conduct expected of all military members and the characterization of the discharge received
by the applicant was appropriate.

      
   
    
    
    
    
      
   
 
     

Issue 2. Applicant noted he had a problem with routine overindulgence in alecholic beverages, a situation he
felt his chain of command should have noted and assisted him with. Yet, he concedes that he exhibited no
signs by which his chain of command might have recognized his problem, nor did applicant himself seek
assistance from any base agencies such as the chapel, Mental Health clinic, or Family Support Center. The
Board recognizes that while alcohol may have adversely impacted applicant’s behavior, individuals who
commit acts of misconduct under the influence of alcohol are still held accountable for those actions. The
applicant's present recovery 1s commendable but does not mitigate the actions that led to his discharge.

      

Issue 3. Applicant contends the discharge was inequitable because his chain of command did not give him
an opportunity to learn from his mistakes and be retained to finish his period of service. The Board notes the
discharge regulations clearly gave his chain of command authority to recommend administratively
discharging him based on unsuitability for further military service as a result of his serious misconduct.
Facts and circumstances are different in each action and must be judged on a case-by-case basis. In doing
so, a commander must consider the seriousness of the misconduct and how a member's retention might
affect good order, discipline, and morale, not just the member’s past record of service or rehabilitative
potential. They must focus on conduct during the current period of service, and also consider factors such as
the member’s age, length of service, grade, aptitude, and the standards of acceptable conduct and
performance. The regulation provides for circumstances wherein a single incident of misconduct may
provide the basis for characterizing service. Jt should be noted that administrative separation is an action
that severs the military status of an individual and characterizes his service, but is not the same as
punishment rendered by a civilian judicial proceeding or a punitive discharge rendered by a court martial.
Commission of several serious offenses clearly established applicant’s unsuitability for further Air Force
service. All required procedures were properly followed in the applicant’s case.

    
   
   
   
   
    
      
 

The applicant noted his desire to return to military service. While the Board commends applicant on this

aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a basis
that warrants an upgrade.

   
 
 
      

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
FPD2004-00093

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) {HGH SRA}

 

i. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Minot AFB, ND on 3 Apr 98 UP
AFI 36-3208, para 5.52.3 (Misconduct - Commission of a Serious Offense). Appeals
for Honorable Discharge, and to Change the RE Code, Reason and Authority for
Discharge.

2. BACKGROUND:

a. DOB: 6 Jun 72. Enimt Age: 18 5/12, Disch Age: 25 9/12. Educ: HS DIPh.
AFQT: N/A. A-35, E-84, G-66, M-89. PAFSC: 3A051 - Information Management
Journeyman. DAS: 24 Apr 94.

b. Prior Sv: (1) AFRes 16 Nov 90 - 4 Dec 90 (19 days) {Inactive).

(2) Enlisted as AB 5 Dec 90 for 4 yrs. Extended 22 Sep 92
for 4 months. Svd: 3 yrs 1 month 13 days, all AMS. AMN - 5 Jun 91. ALC - 5 Apr
92. SrA - 5 Dec 93. EPRs: 3,5.

3. . SERVICE UNDER REVIEW:

a. Reenlisted as SrA 18 Jan 94 for 6 yre. Svd: 4 Yrs 2 Mo 16 Das, of which
AMS is 4 yrs 2 months 12 days (excludes 4 days lost time)

b. Grade Status: AIC - 23 Jan 98 (Summary Court Martial, 9 Jan 98)
c. Time Lost: 10 Jan 98 - 13 Jan 98 (4 days}.
d. Art 15's: None.

€. Additional: MEMO, 26 JAN 98 - Order of revocation of driving privileges
for failure to maintain vehicle liability
insurance.

MEMO, 15 DEC 97 - Preliminary suspension of driving
privileges for failure to maintain
vehicle liability insurance.

Traffic Ticket, 9 DEC 97 - Expired plates and tags.

Traffic Ticket, 9 DEC $7 - Driving without liability

insurance.

Traffic Ticket, 9 DEC 97 - License not carried on person.

MEMO, 19 JUL 95 ~ Delinquent account.

MEMO, 16 APR 96 - Delinquent account.

MEMO, 15 MAR 96 - Delinquent account.

f. CM: Summary Court Martial - 9 Jan 98.

CHARGE: Article 121.
FD2004-00093

Specification: Did, on divers occasions, within the Continental
United States, between on or about 1 Dec 96, and on or about 14
Sep 97, steal money, of a total value of about $372.00, the
property of the Missile Maintenance Association. Sentence
adjudged on 9 Jan 98: Two hundred dollar fine, 40 days hard
jabor, 7? days confinement, and reduction to E-3.

g. Record of SV: 05 Aug 93 - 02 Mar 94 Incirlik AB 5 {[CRO)
03 Mar 94 - 24 Mar 95 Minot AFB § {Annual}
25 Mar 95 - 24 Mar 96 Minot AFB 5 {Annual}
25 Mar 96 - 24 Mar 97 Minot AFB S (Annual)
25 Mar 97 - 18 Feb 98 Minot AFB 2 (mdr Dir) REF

h. Awards & Decs: AFAM W/1 OLC, JSAM, AFLSAR, AFTR, SWASM W/3 BS,
AFOSSTR, NDSM, HSM W/1 OLC, NCOPMER, AFOUA W/3 OLCS, JMUA, AFGCM W/1 OLC.

i. Stmt of Sv: TMS: (7) ¥rs (4) Mos (15) Das
TAMS: (7) Yrs (3) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 Feb 04.
{Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)

Issue 1: I served 84 months of service honorably. Made a serious error in
judgement. Was court-martialed for it (a special court martial). Pled guilty.
Reduced in grade. Lost a promotion. Paid back the money. Served confinement.
Served my additional duty as well. After all this was done, I was still
separated; without given a chance to finish my enlistment, without being given a
chance to better the Air Force, without being given a chance to learn from my
error. I am wariting to renter (sic) the Air Force to be a chaplain. This
discharge and character of service will make it impossible for me to contribute
to the health, morale and wellness of my fellow airmen.

ATCH
None.

6APRO4/ia
7.

( (_ mp 2oo¢- Le2 FFs

“DEPARTMENT OF THE AIR FORCE
91ST SPACE WING (AFSPC)

 

0 3 MAR 1998

MEMORANDUM FOR Al

 

FROM: 91 MXS/CC
SUBJECT: Notification Letter - Board Entitled - AFI 36-3208, Para 5.52.3

1, Tam recommending your discharge from the United States Air Force for misconduct;
specifically, commission of a serious offense, under the provisions of AFI 36-3208, Section H,
paragraph 5.52.3. Copies of the documents to be forwarded to the separation authority to support

this recommendation are attached.

2, On or about 1 Dec 96 and on or about 14 Sep 97 on diverse occasions, you stole money
totaling $372.00, property of the Missile Maintenance Association. You pleaded guilty to and
were convicted of one charge and one specification of violating Article 121, UCMJ, ata
Summary Court-Martial on 9 Jan 98. You were sentenced to 7 days confinement, forfeiture of

$200.00, 40 days hard labor, and reduction to Airman First Class.

3. Due to the seriousness of the acts of misconduct which you committed, and the manner in
which your conviction tarnishes the image of the Air Force service members, I am
recommending that you receive a general discharge. The commander exercising SPCM
jurisdiction or a higher authority will make the final decision in this matter. Jf you are .
discharged, you will be ineligible for reenlistment in the Air Force and will probably be denied
enlistment in any component of the armed forces and any special pay, bonus, or education
assistance funds may be subject to recoupment.

4. You have the right ta:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing
d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

e, Waive the above rights. You must consult legal counsel before making a decision to
waive any of your rights. |

GUARDIANS OF THE HIGH FRONTIER
5. Military legal counsel has been obtained to assist you. I have made an appointment for you to
consuit with the Area Defense Counsel: Willies at 300 Summit Drive, room 306A, on
4 Mar 97, at 1030 hours. You may consult civilian counsel at your own expense.

   
 

6. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

7. You have been scheduled for a medical examination. You must report to the 5th Medical
Group Hospital, 10 Missile Avenue, Minot AFB, ND, at 0800, on 6 Mar 97, for the examination.
If you are over age 25, you must not consume alcohol 72 hours prior to the exam; nor eat fatty |

~ foods (dairy products, fried food, red meats, and seafood) 24 hours pricr to the exam. Do not eat, ©
drink, smoke, or chew tobacco 14 heurs prior to the exam. (You should drink 4-6 glasses of

water during the 14-hour period). :

8.—The Privacy Act Statement as explained in AFI 36-3208, Attachment 2, covers any personal
information you furnish in rebuttal. A copy of AFI 36-3208 is available for your use in the

Orderly Room.

9, Sign the attached acknowledgment and the Statement of Understanding and return them te me
immediately,

 

Attachments:
]. Receipt of Letter of Notification

2. Statement of Understanding

3. Documents to be Forwarded to the Separation Authority