. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

, 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

MEMBER  SITTING^ 

(  ISSUES  A92.21 

I  INDEX NUMBER 

A67.90 

HEARING DATE 

06 Aug 2004 

CASE NUMBER 

FD-2004-00132 

Case heard at Washington, D.C. 

1  GRADE 

AFSNISSAN 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

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. 

SAFIMRBR  C/ 

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

TO: 

I 

I 

I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
A M  FORCE DISCIIARGE  REVIEW  BOARD 
1535COMMAND D R  EE WWG.3RD  FLOOR 
ANDREWS AFB. MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00132 

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

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,  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. 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  He stated he had financial 
problems because his wife was diagnosed with cancer and could no longer work to help pay the bills.  The 
records indicated the applicant received an Article  15, a vacation of suspended punishment, five Letters of 
Reprimand, had an Unfavorable Information File, and was placed on the Control Roster for misconduct.  His 
infractions included writing numerous bad checks, failing to pay various bills, making a false official 
statement, and a domestic altercation.  Applicant was recommended for discharge in October 2002, and in 
his reply to that action, he explained the circumstances of his misconduct, and apparently dissuaded his 
commander from processing the discharge, thus giving him another chance to prove he could be a productive 
airman without further misconduct.  Unfortunately he had three additional incidents within the next 3 months 
and so his commander once again decided to recommend him for discharge.  At the time of the second 
recommendation, member consulted counsel and again made a statement in his own behalf requesting 
retention.  In neither of his replies to either discharge recommendation did member state anything regarding 
his wife's medical condition or ability to work.  The explanations for his financial misconduct never 
concerned the contention he brings to the DRB now.  The DRB opined that through the unit's many 
administrative actions, the applicant had ample opportunities to change his negative behavior and was unable 
or unwilling to do so.  The Board concluded the misconduct was a significant departure from conduct 
expected of all military members and the discharge characterization  applicant received was appropriate. 

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, this information does not pertain to his period of service and no 
inequity or impropriety in his discharge was suggested or found in the course of the record review.  The 
Board concluded the applicant's misconduct 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 AMN)  (HGH A ~ C )  

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch from MacDill AFB, FL on 28 Jan 
03 UP AFI 36-3208, para 5.50.4 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for an Honorable Discharge, to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Mar 80. Enlmt Age: 20 11/12.  Disch Age: 22 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-43,  G-42,  M-44. PAFSC: 2A531G -  Aerospace Maintenance 
Apprentice. DAS: 18 Sep 01. 

b.  Prior Sv: (1) AFRes 15 Feb 01 -  26 Feb 01  (12 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  ~nlisted as A1C 27 Feb 01 for 6 yrs. Svd: 1 Yrs 11 Mo 2 Das, all AMS. 

b.  Grade Status:  AMN  -  22 Aug 02  (Vacation of Article 15, 3 Oct 02) 

c.  Time Lost:  None 

d.  Art  15's:  (1) 3 Oct 02, Vacation, MacDill AFB, FL -  Article 134. 

You, did, at or near Tampa, FL, between on or about 12 
Jul 02 and between on or about 29 Jul 02, with intent to 
defraud and for the procurement of  lawful currency, 
wrongfully and unlawfully make and utter to Bank of 
America, certain checks for the payment of money, drawn 
upon MacDill Federal Credit Union, of a total amount of 
about $801.50, and signed 
then known 
that you, the maker there 
sufficient funds in or credit with said bank for the 
payment of said checks in full upon their presentment. 
Reduction to Airman.  (No appeal)  (No mitigation) 

d not have 

(2) 22 Aug 02, MacDill AFB, FL -  Article 134.  You, did, at 
on or about 6 Jul 02, make and utter 
! a  certain check, in words and figures 
:  Check #lo1 in the amount of $500.00, 
,  for 

dated 6 Jul 02 and signed by you, 
an item of value, and did thereafter, dishonorably fail 
to maintain sufficient funds in the Capitol One Bank for 
payment of such check in full upon its presentment for 
paymwt.  You, being indebted to Custom World of Tampa 
in the sum of $351.00 for a grill insert, which became 

due and payable on or about 18 Jul 02, did, at or near 
Tampa, FL, from on or about 18 Jul 02 to on or about 12 
Aug 02, dishonorably fail to pay said debt.  You, being 
indebted to Florida Internet in the some of $60.00 for 
internet service, which became due and payable on or 
about 15 Mar 02, did, at or near Tampa, Florida, from on 
about 15 Apr 02 to on or about 15 Jul 02, dishonorably 
fail to pay said debt.  Suspended reduction to Airman. 
Thirty days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 27 DEC 02 -  Financial irresponsibility. 

LOR, 17 DEC 02 -  Domestic violence. 
LOR, 06 NOV 02 -  Financial irresponsibility. 
LOR, 19 JUN 02 -  Financial irresponsibility. 
LOR, 06 FEB 02 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 27 Feb 01 -  27 Oct 02  MacDill AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM, BMT 

i.  Stmt of Sv:  TMS:  (1) Yrs  (11) Mos  (14) Das 

TAMS:  (1) YrS  (11) MoS  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5 Apr 04. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  I was in the Air Force 2 year  (sic) also 1 year 17 months.  I 

loved my job and what I did.  I was a good hard worker.  But I had some finance 
problem  (sic) when my wife was told she had cancer and could not work any more 
(sic) the bill fell on me.  I admit I had some trouble with them but the reason 
I got discharge (sic) was because of my furniture payment and for other thing 
that you can see in my records.  But Sir/Mama (sic) that's all behind me know 
(sic).  I have been out of the service a year and 7 months.  The Air Force was 
my life and I would like a chance to serve my country again.  My recruiter told 
me to send in this form to see if I can get my code upgraded and my discharge 
and he could put me back in the Air Force.  I made a mistake once I would not my 
(sic) the same mistake twice.  I have been working at UPS for the past year now. 
I have no furniture payment.  I own everything in my home.  All I ask Sir/Malma 
(sic) is for a second chance at my carrer  (sic).  Please grant me this 
opporttiny  (sic) to serve in the United States Air Force again. 

ATCH 
1. None 

I 
DEPARTMENT OF THE AIR FORCE 

I 

6TH AIR MOBILITY WING (AMC) 

MACDILL AIR FORCE BASE, FLORIDA 

Fn-r.  a0 l 3 . 2  

FROM:  6 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of Misconduct 
Conduct Prejudicial to Good Order and Discipline.  The authority for this action is AFPD 36-32 and AFI 
36-3208, Chapter 5, Section H, paragraph 5.50.4.  If my recommendatioll  is approved, your service will 
be characterized as honorable or under honorable conditions (general).  I am recommending that your 
service be characterized as an under honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 23 Dec 02, you dishonorably failed to pay your debt to Buddy's Home 
Funlishing in the sum of $247.94, which became due and payable on  15 Dec 02.  Additionally, you 
gave a false statement to 
hen you stated that you did not have any of the items for 
which were invoiced to you by Buddy's Home Furnishing when in fact you did.  These incidents 
resulted in a Letter of Reprimand, dated 27 Dec 02 (Tab B). 

b.  On or about 8 Dec 02, you were involved in a physical altercation with your wife resulting in 
your being arrested by Tampa Police Department  for domestic violence.  This incident resulted  in a 
Letter of Reprimand, dated  17 Dec 02.  This documeilt was placed in your Unfavorable Information 
File (Tab C). 

c.  On or about 5 Nov 02, you dishonorably failed to pay your debt to Camden Rental 
Corporation in the sum of $1293.16.  Also, on or about 6 Nov 02 you dishonorably failed to pay your 
Military Star account, which was past due in the amount of $148.00.  Additionally, you made a false 
statement to-akr 
being questioned about an AAFES Debt on your LES.  You stated 
that it was an allotment to the Military Star account, when actually it was a debt to AAFES in the sum 

for your returned checks and fees.  You also failed to comply with an order from 
to remain at your work center until he knew what was going on with your late pa 

These incidents resulted in a Letter of Reprimand, dated 6 Nov 02.  This document was placed in your 
Unfavorable Information File, and you were placed on a control roster, dated 21 Nov 02. (Tab D) 

d.  On or about  18 Sep 02, you dishonorably failed to pay your debt to Aaron's  Sales and Lease in the 
sum of $186.24, which became due and payable on 18 Sep 02.  Additionally, between on or about  12 
Jul02 and on or about 29 Jul02, with intent to defraud and for the procurement of lawful currency, 
you wrongfully and unlawfully made and utter to Bank of America  certain checks for the payment of 
money, drawn upon MacDill Federal Credit Union in the amount of $801.50.  More specifically, you 
failed to maintain  sufficient funds in or credit with said bank  for the payment of said checks.  These 
incidents resulted in a Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, AF 
Form 366, dBted 26 ~ e i

02 (Tab E). 

 

AMC-GLOBAL  REACH FOR AMERICA 

a certain check, in words and 

e.  On or about 6 Jul02, you made and uttered to 
figures as follows, to wit:  Check #  101 in the amount  of $500.00 dated 6 Jul02 and signed by you, 
for an item of value, and did thereafter dishonorably failed to maintain sufficient funds in the Capital 
One Bank for payment of such check in full upon its presentment for payment.  Furthermore, you 
being indebted to Custom World of Tampa in the sum of $35 1 .OO  for a grill insert, which became due 
and payable on  18 Jul 02, did dishonorably fail to pay said debt.  Also, you being indebted to Florida 
Internet in the amount of $60.00 for internet service, which became due and payable on or about 15 
Mar 02. You did between on or about  15 Apr 02 to on or about  15 Jul02, dishonorably failed to pay 
said debt.  This incident resulted  in Nonjudicial Punishment under Article  15, Uniform Code of 
Military Justice, dated 22 Aug 02 (Tab F). 

f.  On  11 Jun 02, you were delinquent paying your Army and Air Force Exchange Service STAR 
accouilt and were instructed to bring the account current at the earliest possible time.  This incident 
resulted  in a Letter of Reprimand, dated  19 Jun 02.  This document was placed in your Unfavorable 
Information File, dated 24 Jun 02 (Tabs G & H). 

g.  On  15 Dec 01, you issued a check to Pay Day Advance (Advance America) in the amount of 
$500.00 and there were not sufficient funds to cover the check.  Additionally, you were over eleven 
weeks behind on your payment to 
merchandise. This incident resulted in a Letter of Reprimand, dated 6 Feb 02.  An Unfavorable 
Information File was established, dated 21 Mar 02 and the document was placed therein. (Tabs I  & J). 

, which resulted in the repossession of the 

. 

.  ' 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special-Court Martial (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. 

4.  You have the right to consult counsel.  Military counsel has been obtained to assist you.  I have made 
an appointment for you to consult. 
civilian counsel at your own expense. 

on 8 Jan 03 at  1300 hrs.  You may consult 

5.  You have the right to submit statements on your 
authority to consider must reach me by  / 3 ~ ~ l n )  
for good cause shown.  I will send them to the sep 

Any statements you want the separation 
s you request and receive an extension 

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

7.  You have been scheduled for a medical examination.  You must report to the 6th Medical ~ r o u ~  
Hospital - Physical Exams, at 0730 hours on 9 Jan 03 for the examination.  You must report to the 
Physical Exams Section 30 minutes prior to pick up your DD Form 2697. 

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. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Commander, 6th ~ircra"ft ~aintenanzk Squadron 

Attachments: 
a.  Respondent's  Acknowledgment 
b.  Letter of Reprimand, dated 27 Dec 02 
c.  Letter of Reprimand, dated  17 Dec 02 
d.  Letter of Reprimand, dated 6 Nov 02 
e.  AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, 
dated 2 Oct 02 
f.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 22 Aug 02 
g.  Letter of Reprimand, dated  19 Jun 02 
11.  AF Form  1058 Unfavorable Information File Action, dated 24 Jun 02 
i.  Letter of Reprimand, dated 6 Feb 02 
j. AF Form  1058 Unfavorable Information File Action, dated 21 Mar 02