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I 

AIR FORCE DlscHARGE REVIEW B o A m  HEARING RECORD 

LAST, FIRST MIDDLE INITIAL) 

GRADE 

I 

PERSONAL APPEARANCE 

SRA 
I 

I 

I  X 

RECORDREVIEW 

ADDRPSS AND OR OR 

MEMBER SITTING 

I 

HON 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

I 

ISSL'ES 

A93.11 

INDEX SL'.MBER 

A47.00 

HEARING DATE 

18 Aug 2004 

CASE NUMBER 

FD-2004-00195 

Case heard at Washington, D.C. 

I  ORDER APPOINTING THE BOARD 

1 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTlFlCATlON 
1  4  1  BRIEF OF PERSONNEL FILE 

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

I 

I 

1 

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  v 

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

SECRETARY  0'  THE AIR  IORCE PERSONNEL COLlSClL 
AIR  FORCF DISCHARGE  REVIEW  W A R D  
1535 COMMAND DR. EE WMG, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FJ)-1004-00195 

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  was  discharged  for  minor  disciplinary  infractions,  failure  in  the  management  of 
personal finances, and dishonorable failure to pay just  debts.  During his second enlistment his misconduct 
included numerous instances of writing worthless checks and failure to pay just  debts to various businesses, 
including the Army Air  Force  Exchange  Service, American  Express government travel card, and  enlisted 
open mess  club.  He  also  misused  his  government travel  card  for personal  purposes,  including  making  a 
down  payment  on  a  car  which  was  later  repossessed.  At  the  time  of  the  discharge,  applicant  was 
recommended to receive an under other than honorable  conditions discharge due to the extensive and very 
serious  nature  of  his  misconduct.  He  consulted  counsel  and  submitted  a  waiver  of  his  right  to  an 
administrative discharge board hearing conditioned  upon receipt  of no  less than a general discharge.  The 
request  was  approved.  Applicant  now  contends his  former wife  wastefully  spent money  and  created the 
bills, which he made no "serious  attempt" to prevent.  He also notes his budget is now in order.  The Board 
noted that at the time of the discharge member waived his right to submit statements in his own behalf, and 
there was no evidence in the record to substantiate applicant's  contentions.  Thus the Board concluded that 
member  was  responsible  for  his  actions  of  misconduct  and  was  held  accountable  for  those.  He  was 
counseled repeatedly  and  given  numerous  opportunities to improve  his behavior but  failed  to  respond  to 
those  rehabilitative  efforts.  No  inequity  or  impropriety  was  found  in  this  discharge  in  the  course  of the 
records review. 

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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Vandenberg AFB, CA on 1 Dec 
95 UP AFI 36-3208, paragraphs 5.26.4, 5.49, and 5.50.4 (Failure in the Management 
of Personal Finances, Minor Disciplinary Infractions, and Failure to Pay Just 
Debts).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Oct 69.  Enlmt Age: 18 4/12.  Disch Age: 26 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-92,  E-58,  G-66,  M-43. PAFSC: 2M051 -  Morale, Welfare, 
Recreation, and Services Journeyman. DAS: 21 Jul 94. 

b.  Prior Sv:  (1) AFRes 11 Feb 88 -  18 Sep 88  (7 months 8 days) (Inactive) 

for 23 months.  Svd: 5 yrs 0 months 23 days, all AMS.  SRA -  19 Jan 91.  EPRs: 
4,3,4,3,3,3,2 (REF) . 

(2) Enlisted as A1C 19 Sep 88 for 4 yrs.  Extended 23 May 91 

ART 15:  18 Feb 93, Rhein-Main AB, Germany -  Article 92.  You, who 

knew of your duties, on divers occasions between on or about 
1 May 92, and on or about 21 Jan 93, were derelict in the 
performance of those duties, in that you willfully failed to 
register and insure your passenger car before operating it on 
the installation's streets.  Suspended reduction to AlC, and 
30 days extra duty.  (No Appeal) (No mitigation). 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 8 Oct 93 for 4 yrs. Svd: 2 Yrs 1 Mo 23 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 07 SEP 95 -  Failed housing inspection. 

MFR, 21 AUG 95 -  Financial Irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 26 Apr 93 -  11 Nov 93  Frankfurt IAP  4  (cRO) 
12 Nov 93 -  19 Jun 94  Frankfurt IAP  4  (CRO) 
20 Jun 94 -  19 Jun 95  Vandenberg AFB  4  (Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, NCOPMER, AFOUA W/1 DEV, AFGCM w/1 

DEV . 

i.  Stmt of Sv:  TMS:  (7) Yrs  (9) Mos  (14) Das 
TAMS:  (7) Yrs  (2) Mos  (13) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 20 May 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. W A L S  Discharge Upgrade Questionaire. 
4. Request for Records. 
5. Privacy Act Waiver. 

~ N V A ~  

ACT INFORMATION; .The law authorizes us to request the Information we are asklng you to provide on this f o r m  (38 US.C 21qc) (1)  ) ~h~ 
you submlt are conrlderad confidential.  (38 U.S.C.  3301)  They may be disclosed outrlde the Department of Veterani Affairs WA) only if the 
' disclosUCC 1s authorized by the Privacy Act. Indudlng the routlne uses fdcntifled in the SYstcm of recards.  SgVN1/22.  Compensation, Penslon, Education 
and n m s s a r y  to determine maximum 

and Rehabilitation  Records-VA,  published In the F e d e n l  Register.  The requested Information Is c o n s i d e d  -elant 
benefits under the law.  Information  submitted  Is subject to verification through computer matchlng programs with o ~ h e r  agencies. 
RESPONDENT B W W .
reviewing instructions.  rearchlng existing data souras, gathering amd rnalntainlng the dam needed.  and mmpleting and reviewing the collection of Info+ 
mation.  Send comments regarding this burden estimate o r  any other aspect of  this collection of  Information. including  t u g g e ~ t i o n ~  
to the VA Clearana Officer (732).  810 Vermont Avc, NW, Washington, DC 20420: and to the office of Management and Budget.  Paperwork Redualon 
Project (29004075) Washington.  DC 20503.  Do not send requests for benefits  to these addresses. 
FIRST  N A M E  -  MIDDLE  NAME -  LAST N A M E   OF  VETERAN (Typeorprlnl) 

 Public reporting burden for thls collection of  Information 1s estimated to average u4  hour per raponre, Including the time for 

SOCIAL  SECURITY  NO. 

V A   FILE  NO. 

PPORT  OF  CLAIM 

for reducing this burden 

I  The following statement is made In connection with a claim for benefits in the case of  the abovenamed veteran: 

MY  DISCHARGE WAS  DUE PRIMARILY  TO POOR PERSONAL FINANCIAL MANAGEMENT. 

DIVORCE IN JANUARY  1996, TO  CREATE  BILLS AND WASTEFULLY  SPEND MONEY  I 

I 

I 

INCURRED DURING MY MILITARY SERVICE.  A  WELL  THOUGHT OUT AND  ORGANIZED 

I 

FINANCIAL BUDGET HAS BEEN PLANNED OUT TO BE IMPLEMENTED BY ME SINCE MY 

I CERTIFY THAT the statements on thls form a r c  true and c o r n  to the best  of my knowledge and belief. 

- 

(CONT:NUE  ON  REVERSE: 

PENALTY -The law provlda ~ v e r r  penaltia which Indude fine o r  Irnpriroament, or both, for the willful iuba 

evldarcr of a material fact, knowing It t o  be f d r c  

. . 

VA  FORM 
SEP  1989  2 1-4 138 

EXISTING  STOCKS  OF  VA  FORM  21-4138.  MAY  1987, 
WII I  I)C  (Iccn 

i 

,",,. 

- 

rhat  reason  f i t s   your  s i t u a t i o n ,   then  s t a p l e   i t  t o   your  a p p l i c a t i o n .  

bee step  4 . 1  

Service Number: 

I 'I 

. , 

, 

. 

. 

. 
. 

. 

. 

. 

-

.

 

conduct and efficiency ratingdbehavior  and proficiency marks were mostly pretty good.  [A92.02l 

DRB or BCMR:  The following issues are t h e  reasons I believe my discharge should be upgraded t o  
Honorable.  If you disagree, please explain in detail why you disagree. 
- 
Under current standards, I would  not receive t h e  type of  discharge I did. 
J!M~ 
1 1  received awards and decorations.  rA92.04 
- 
I received l e t t e r s  of commendation.  [A92.06] 
I, had c o m b a t  service.  IA92.081 
- 
I  was wounded i n  action.  [ ~ 9 2 . 1 0 ]  
d~~ r&ord  of promotions showed I  was generally a good servicemember.  IA92.121 
- 
There were other acts of  merit.  [A92.16] 
- 
I was s o  close t o  finishing my  tour  t h a t  i t  was unfair  t o  give m e  a bad discharge.  [A92.181 
- 
I had a prior  Honorable Discharge.  [A92.20] 
- 
I have been a good  citizen since discharge.  rA92.221 
- 
My record of NJP1s/Article  15;s indicates only isolated  o r  minor offenses.  tA92.26 
- My record of court-martial  convictions indicates only isolated or minor  offenses.  rA92.261 
- My record of convictions by  civil authorities while I was in service indicates only minor or  isolated 

_ . 

. - .  

.. <... 

.  . 

.  . 

. 

. 

. 

, 

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offenses.  [A9 2.281 

- My record of A WOL/UA  indicates only minor or isolated offenses.  [A92.301 
- My  ability t o  serve was impaired  by  my youth and immaturity.  lA93.021 
- 
My low aptitude scores and level of  education impaired my ability t o  serve.  lA93.04 
- My ability t o  s e r v e  was impaired  by  my deprived background.  IA93.061 
l~~ 
Personal problems impaired  my ability t o  serve.  [A93.103 
z ~ m a n c i a l  problems impaired my ability t o  serve.  (A93.121 

ability t o  serve was  impaired  because of  marital and family problems.  rA93.081 

I suffered religious discrimination and t h a t  impaired my ability t o  serve.  L ~ 9 3 . 1 4  
- 
- 
I faced racial discrimination  and t h a t  impaired  my ability t o  serve.  [A93.161 
- My  use of  drugs impaired my ability to serve.  fA93.181 
- My  use of  alcohol impaired my ability t o  serve.  [A93.201 
- Medical or  physical problems I had impaired my ability t o  serve.  (A93.221 
- 
Psychiatric problems I  had impaired my ability to serve.  IA93.24 
- 
There were m a t t e r s  of  conscience t h a t  impaired  my ability t o  be a "good"  servicemember.  fA93.261 
- 
There was a waiver of  moral standards when I enlisted;  those pre-service  problems impaired  my 

ability t o  serve.  IA93.281 

INSERT:  .Page 1 

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- - - - - - - - -  . . - . . -  C .   - - - - -  
- My  ability t o  serve was impaired because I  was not  working in t h e  field I  was trained  for. 

-  - My  ability to serve was impaired because I  couldn't  speak ~ n ~ l i s h  

very well. 

-- - -  -  -  -  - - 

C  - -   .  "  - - -  d 

1 - V - L  

- d - '  - 

w - / / - '  

The punishment I  got was too severe compared with today's  standards.  rA94.021 
- 
T h e  punishment I  got at discharge was too harsh-it  was much  worse  than most  people got for the 

. 

. 

s a m e  offense.  r94.061 

I tried t o  serve and  wanted  to,  but just  couldn't  or  wasn't  able to.  LA94.04 

- 
- My  discharge was based on  many offenses,  but they were mostly only minor  offenses.  [A94.101 
- My  command abused its authority when  it decided to discharge me and decided  to give  me a bad 

discharge.  [A94.12l 

- 
When I g o t  back  from Vietnam, I just  couldn't  t a k e  state-side  duty.  rA94.14 
I had applied or tried t o  apply for conscientious objector status, but was unfairly denied  or  told to 
- 

forget it.  LA99.021 

I had applied or tried to apply for a hardship discharge, but .was unfairly denied or  told to forget it. 

- 

[ ~ 9 9 . 0 4 ]   . 

- 
I had  applied or  tried  t o  apply for a  compassionate reassignment but  was unfairly denied  or  told t o  

forget it.  [A99.121 

- 
My  enlistment option.was not satisfied or  waived.  [A99.10] 
- 
I  was being considered for a physical disability discharge and was unfairly denied one.  [ ~ 9 9 . 1 4  
- 
I should  have been  given a medical discharge because I never  was medically qualified t o  serve. 
I was enlisted illegally.  [A99.06] 
- 
- 
I was drafted illegally.  [A99.08] 
- 
[other reasons] 

'lease  make  an  e x t r a   copy  o f   your  Attachment  and  send  it  t o   t h e   Veterans  Education  P r o j e c t   (Dept.  DU,  PO  Box 
2130,  Washington  DC  20015).  We  a r e   t r y l n g   t o   keep  t r a c k   o f   t h e   number  o f   veterans  who  use  t h i s   Guide.] 

ADDRESSES AND PHONE NUMBERS OF THE BOARDS 

These  a r e   the  addresses  for  t h e   DRBs 

801  N. 
and  BCMRS  listed on  the application forms.  A  Randolph St.,  Arlington VA  22203;  202-696- 
Board  may  give  you  another  address  to  use 
a f t e r   you  file  your  application.  The  phone 
the  Washington  DC-area 
numbers  a r e   for 
offices of  t h e  Boards. 

Navy  (and  Marine  Corps) BCNR:  Dept.  of 
the  Navy,  Washington  DC  20370;  202-694- 
1765 

Navy  (and  Marine  Corps)  DRB: 

4881 

Army  DRB:  COY USARPAC,  9700  Page  Randolph AFB, TX 78150;  202-694-5694 

Air  Force  DRB: 

AFMPC/MPCDOAl, 

Blvd.,  St. Louis MO  63132;  202-692-4565 

Army  BCMR: 

same  a s  Army  DRB;  Z02- 

Air  Force BCMR:  USAFMPC/DPMDOAl, 

Randolph AFB TX 78148;  202-697-6470 

695-4298 

INSERT: Page 2 

DEPARTMENT OF THE AIR  FORCE 

30TH SPACE WING  (AFSPACECOM) 

,  9  Nov  1995 

MEMORANDUM FOR Sr 

FROM:  30 SVSICC 

103 6 California Boulevard 
Vandenberg AFB, CA 93437-6202 

SUBJECT:  Notification of Administrative Discharge Action Under AFI 36-3208 

(Board Entitled) 

1.  I am recommending your discharge from the United States Air Force for failure in the 
management of personal finances, minor disciplinary infractions, and dishonorable failure to pay 
just  debts.  The authority for this action is AFPD 36-32 and AFI 36-3208, Paragraphs 5.26.4, 
5.49, and 5.50.4.  Copies ofthe documents to be forwarded to the separation authority in support 
of this recommendation are attached. 

2.  My reasons for this action are: 

a.  On various occasions between  1 May 92 and 21 Jan 93, at Rhein-Main Air Base, 

Germany, you failed to register and insure your POV before operating it on the installation.  As a 
result, you received Article  15 punishment, which included a suspended reduction and 30 days 
extra duties (Atch  1). 

L 

b.  On 27 Jun 95, you were delinquent in the payment of your government issued 

American Express Card.  Specifically, you were 30 days delinquent in the amount of $702.05, 
60 days delinquent in the amount of $1,525.78 and 9G  days delinquent in the amount of $5 13.75, 
for a total of $2,741.58 (Atch 2). 

c  On 28 Jul95, you were again delinquent in the payment of your government issued 
American Express Card.  Specifically, you were 60 days delinquent in the amount of $702.05, 
90 days delinquent in the amount of $1,525.78 and 120 days delinquent in the amount of $513.75, 
for a total of $2,741.58.  Your account was terminated by American Express, effective 11 Aug 95 
(Atch 3). 

d.  On  17 Aug 95, you were delinquent, specifically, two payments past due, on your 
AAFES DPP account and your charging privileges were suspended (Atch 4).  As of 4 Oct 95, 

GUARDIANS  O F  THE  HIGH FRONTIER 

e.  On or about 21 Aug 95, it was discovered that you had, on numerous occasions 

between 3 1 Mar 95 and 30 April 95, used your government issued American Express card to 
make unauthorized cash advances totaling nearly $2,000.00 (Atch 5).  You then 
n payment for a family vehicle.  As a result, you were counseled by Capt 

eputy Chief of the Services Squadron, who had to make special arrangements to pay 

off the delinquent American Express account (Atch 6). 

f.  On 22 and 23 Aug 95, you received your third notices for two base housing inspection 

violations (Atchs 7 and 8).  You had failed to take corrective action on both violations despite 
0 CESICC, this placed you in jeopardy of having 
two previous notifications.  Per Col 
your base housing privileges revoked.  As a result, you received a letter of reprimand (Atch 9). 

g.  On or about 29 Aug 95, you were 30 days delinquent in the payment of your Enlisted 
Club bill (Atch 10 ). As a result, you were counseled by your supervisor on 8 Sep 95 (Atch 1 I), 

h.  On or about 29 Sep 95, you were 60 days delinquent in the payment of your Enlisted 

Club bill (Atch 12), despite having been counseled on this subject by your supervisor the previous 
month. 

3.  If my recommendation is approved, the worst possible characterization of service you may 
receive is under other than honorable conditions (UOTHC).  I am recommending that your 
service be characterized as under other than honorable conditions.  The commander exercising 
Special Court-Martial jurisdiction or a higher authority will decide whether you will be discharged 
or retained in the Air Force and, if discharge action is approved, how your discharge will be 
characterized.  If 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.  Furthermore,  any 
special pay, bonuses, or education assistance you have received may be subject to recoupment. 

4.  You have the right to: 

a. Consult 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; 

n obtained to assist you.  I have made an appointment for you to 
at the Area Defense Counsel, Building 8220, ext. 6-3627128, at 

- 
another counsel, if the lawyer you request is reasonably available as determined according to 
AEI 51 -201.  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. 

.  Instead of the appointed counsel, you may have 

6.  Confer with your counsel and reply, in writing, within 7 duty days, specifllng 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 separation 
authority with the case file to be considered with this recommendation.  If you fail  to respond 
within 7 duty days without an approved extension, your failure  will constitute a waiver of your 
right to a board hearing. 

7.  Any personal information you hrnish in rebuttal to this action is covered by the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use at the ofice of the Area Defense Counsel, 
Building 8220. 

8.  If you request a hoard and you'fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at a board hearing. 

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

- 

Attachments: 
1.  AF Form 3 070, dated 12 Feb 93 
2.  American Express Monthly Aging Analysis, dated 27 Jun 95 
3.  American Express Cancellation Report, dated 28 Jul95 
4.  AAFES DPP Delinquency Notice, dated 17 Aug 95 
5.  Arne 
6.  Capt 
7.  3 0 CESICC Memorandum 
8.  3 0 CESICC Memorandum 
9.  LOR, dated 7 Sep 95 w/ Atchs 
10.  Enlisted Club Delinquency Notice 
1 1.  ssgt%Iff~erno  For Record 
12.  Enliste 

ss Account Activity Report, dated 28 April 95 
emo For Record, dated 21 Aug 95 

ub Delinquency Notice