s t   ! 

TYPE UOTH 

''IJNSEL 

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YES 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL A Y Y ~ A K A I ~ C E  

NAME OF COUNSEL AND OR ORGANIZATION 

x 

I  RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COllNSEL 

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MEMBER SITTING 

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GEN 

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VOTE OF THE BOARD 

/  UOTHC 

(  OTHER 
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ISSUES  A94.05 

INDEX NUMBER 

A94.07 

/  HEARING DATE 

I  CASENUMBER 

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EMUBITS SUBMITTED TO THE BOARD 

'  1 
ORDER APPOINTING THE BOARD 
2 
APPLICATION  FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 

AT TIME OF 

I 
I 

I  TAPE RECORDING O F  PERSONAL APPEARANCE 
I 

18 May 2005 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATfONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARDDECISIONAL RATIONALE 

FD-2004-00104 

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. 

Names and votes will be made available to the applicant at the applicant's request. 

-pppp-- 

TO 

SAFIMRBR 
550 C  STREET WEST. SUITE 40 
RANDOLPH AFR. TX 78150-4742 

INDORSEMENT 

005 
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DAI'B:  5 

. . - - - - 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR.  EE WING, 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 

FD-2004-00104 

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 that 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  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Applicant contends his discharge was inequitable because it was too harsh.  He contends that he was already 
being considered for involuntary separation with an under honorable conditions (general) discharge and that 
if he had not been charged with the court-martial charges of conspiracy to introduce narcotics on a military 
installation, dereliction of duty for not reporting another airman's involvement with drugs, and introduction 
of narcotics on a military installation, he would have been separated with the general discharge.  In spite of 
his belief that the evidence against him was suspect, the applicant nonetheless requested discharge in lieu of 
court-martial.  He acknowledged that his discharge would be characterized  as under other than honorable 
conditions.  The DRB believes his misconduct associated with the court-martial charges, along with three 
nonjudicial punishment actions for dereliction of duty, damage to government property, driving while 
intoxicated, wrongful alteration of a military identification card, disobeying a lawful order, assault, and 
underage drinking, support service characterization  of under other than honorable conditions.  The DRB 
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. 

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 AB)  (HGH A1C) 

MISSING MEDICAL RECORDS 

1.  MATTER  UNDER REVIEW:  Appl rec'd a UOTH Disch fr Vandenberg AFB, CA on 21 May 
02. UP AFI 36-3208, Chapter 4  (Discharge in Lieu of Court Martial).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Mar 81.  Enlmt Age: 18 2/12.  Disch Age: 21 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-76,  E-58,  G-59,  M-40. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 28 Feb 00. 

b.  Prior Sv:  (1) AFRes 10 Jun 99 -  14 Sep 99  (3 months 5 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB  15 Sep 99 for 6 yrs. Svd: 2 Yrs 8 Mo 7 Das, all AMS. 

b.  Grade Status:  AB  -  18 May 01  (Article 15, 18 May 01) 

AMN  -  30 Aug 00 (~rticle 15, 30 Aug 00) 
A1C  -  29 Oct 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 21 Feb 02, Vandenberg AFB, CA -  Article 92.  You, who 

knew of your duties, on or about 21 Jan 02 and 1 Feb 02, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from consuming alcohol 
as a minor, as it was your duty to do.  Forfeiture of 
$552.00 pay per month for 2 months  (forfeiture of second 
month's pay suspended), and 60 days restriction. 
(No appeal)  (No mitigation) 

(2) 18 May 01, Vandenberg AFB, CA -  Article 86.  You did, 

on or about 28 Apr 01, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
of a lawful order 
Article 92. 
,  to wit: to buy a 
issued by SSg 
new uniform because the one you were wearing was in ill 
repair, an order which it was your duty to obey, did, on 
or about 23 Apr 01, fail to obey the same by not 
purchasing a new uniform.  Article 107.  You did, on or 

intent to deceive, make to SSgt 
an official statement, to wit: 

that you purchased a new uniform, which statement was 
totally false, and was then known by you to be so false. 
FD2004-00104 

Reduction to Airman, suspended forfeiture of $300.00 
pay per month for 2 months, and 60 days restriction. 
(No appeal) (No mitigation) 

(3) 30 Aug 00, Vandenberg AFB, CA -  Article 92.  You, who 

knew of your duties, on divers occasions, between on or 
about 31 Jul 00 and 6 Aug 00, were derelict in the 
performance of those duties in that willfully failed to 
refrain from consuming alcohol, as it was your duty to 
do.  Article 108.  You did, at or near Building 13400, 
Room 216, Vandenberg AFB, CA, on or about 31 Jul 00, 
without proper authority, through neglect, damage your 
dorm room wall by creating a hole, approximately 20" by 
16" in dimension, military property of  the United 
States, the amount of said damage being in the sum of 
more than $100.00.  Article 111.  You did, on or about 6 
Aug  00, near the Santa Maria/Vandenberg Gate, physically 
control a vehicle, to wit: a passenger car, while the 
alcohol concentration level in your breath was 0.10 
grams of alcohol per 210 liters of breath or greater, as 
shown by chemical analysis.  Article 134.  You did, on 
or about 31 Jul 00, wrongfully and falsely alter, by 
changing your birth date, a military identification 
card, DD Form 2A, in words and figures as follows: 
19781101, in the place and stead of 19810327, the later 
being your correct date of birth.  Reduction to Airman, 
suspended forfeiture of  $300.00 pay per month for two 
months, and 45 days restriction. (No appeal) (No 
mitigation) 

e.  Additional: (Examiner's Note:  The following additional disciplinary 

actions are extracted from the Response.to Request for Discharge In 
Lieu of Trial by Court Martial, 6 May 02.  The actual documents are 
missing from the file, and no details as to the reason for these 
actions are available). 

- 

LOR, 29 JUN 00 
LOR, 25 JUL 00 
LOR, 11 AUG 00 

f.  CM:  None. 

g.  Record of SV: 15 Sep 99 -  14 May 01  Vandenberg AFB  2  (1nitial)REF 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (11) Mos  (12) Das 

TAMS:  (2) Yrs  (8) MoS  (7) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Feb 04 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Congressional Correspondence. 
3. DD Form 214. 
4. AF Form 3070, Record of Non-Judicial Punishment Proceeding, 30 Aug 00. 
5. AF Form 1058, Unfavorable Information File Action. 
6. Letter of Support, 24 Feb 04. 
7. Seven Character References. 
8. Four Financial Correspondence Letters. 

January 8,2004 

Dear Sir or Madam: 

I am writing to request your consideration in upgrading my discharge fiom the United 
States Air Force. On May 2 1,2002 I was discharged from the USAF Under Other Than 
Honorable Conditions. During my time in the Air Force I did not necessarily conduct 
myself in the manner of which is expected by an airman in the Air Force. I did fail to pay 
my deferred payment plan on time, I did show up Iate for my CQ Duty, and did consume 
alcohol while I was underage. I take responsibility for these actions. On June 4, 2001 I 
was scheduled to be discharged from the USAF under honorable conditions as a result of 
these behaviors. Unfortunately on June 21,2001 I became a suspect in an OSI 
investigation pertaining to the Use, Possession, and Distribution of a Controlled 
Substance. I have always maintained my innocence of these charges, and was removed as 
a suspect in this case in May 2002. Unfortunately, I believe my involvement in this 
investigation may have led to the eventual downgrade in my discharge. I strongly believe 
this downgrade was unwarranted, as the charges against me were dropped. 

. 
. 

Since leaving the United States Air ~ o r c e  I have maintained a Iifestyle that includes 
community service, and the pursuit of higher education. I have held a job with Securitas 
Security Services as a Security Officer for 1 'L years, I have always shown up for work 
on time, and have received several positive reviews fiom my immediate supervisor. 
Additionally I was recently offered and accepted a position  as an emergency 91 1 
dispatcher for the City of Worcester. This. opportunity is a positive step towards my 
career goal of working in civil service. CurrentIy I am attending Quinsigamond 
Community College, pursing my Associates Degree in Criminal Justice, and maintaining 
a QPA of 3.5. I have given back to my coinmunity through my involvement in the 
Worcester PoIice Family Association,  as a volunteer in the Massachusetts State Police 
Glass Etching Campaign, as well as through the D.A.R.E. program in Worcester. In 
addition I have maintained'a positive credit history, and repaid all of my  overdue bills to 
the creditors I owed during my time in the Air Force. 

I am actively pursuing a career as a police officer or firefighter, and have had difficulty 
achieving my career goals as a result of the level of discharge I received. I would greatly 
appreciate your consideration in upgrading my discharge fiom Under Other than 
Honorable Conditions to an Honorable Discharge. Although I did not necessarily conduct 
myself perfectly during my time in the USAF I take responsibility for my  actions, and 
feel strongly that I do not  deserve to have my  career path altered because of minor 
mistakes in the past. I have maintained  a positive lifestyle over the past 2 '/2 years, and 
would appreciate your understanding in this matter. 

- 

r p b  w : c /

 m / a ~ f  

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS FOURTEENTH AIR  FORCE (AFSPC) 

MEMORANDUM FOR 14 AFICC 

FROM:  14 AFIJA 

SUBJECT:  L 
A 

MAY  1 5  2002 

rge in Lieu of Trial by Court-Martial: 
0 SFS, Vandenberg AFB CA 

1.  I have reviewed the accused's request for discharge in lieu of trial by court-martial 
under the provisions of Chapter 4, AFI 36-3208, Administrative Separation of Airmen, 
14 Oct 94 (hereinafter referred to as "Chapter 4 request").  The SPCMCA recommends 
that you approve this request.  IAW AFI 36-3208, paragraph 4.4.2.1  and 4.1 1, you are 
the final approvalldisapproval authority.  I find the Chapter 4 request legally sufficient 
and recommend that you approve it.  Trial is scheduled for 21 May 02. 

s charged with one specification of conspiracy, in 
specification of dereliction of duty, in violation of 

2.  BACKGROUND:  AB 
violation of Article 81, U 
Article 92, UCIVJ and one specification of introducing marijuana onto a military 
installa,tion, in viola.tion of Article  112a, UCMJ.  Those charges were preferred on 
26 Feb 02.  30 SFSICC recommended a general court-martial.  On 27 Mar 02, an 
Article 32 investigation was conducted.  The Investigating Officer recommended referral 
of the charges to a general court-martial.  On 17 Apr 02, your predecessor referred the 
charges to trial by general court-martial (GCM).  On 16 Apr 02, after consulting with 
counsel, the accused submitted a Chapter 4 request.  Thereafter,  both 30 SFSICC and 
30 SWICC reviewed the Chapter 4 request and recommend approval and that 
AB 
I concur with these recornrnendations. 

ceive an under other than honorable conditions (UOTHC) characterization. 

3.  RESPONDENT'S SERVICE RECORD AND SUBMISSIONS: 

a.  The accused is 21-years old and single.  He has been on active duty in the Air 

Force since 15 Sep 99.  He is entitled to wear the National Defense Service Medal and 
the Air Force Training Ribbon. 

accused's Chapter 4 request is a memo from his 
, dated 16 Apr 02, in support of his request.  Cap 
e proper outcome for two reasons: (1 ) the deficie 
, 

, 

and (2) a GCM is not an appropriate forum. 
Chapter 4 is not an easy way out in that AB 
receive a UOTHC discharge. 

oints out that a 
f his benefits and will 

GUARDIANS OF  THE  HIGH FRONTIER 

4.  DISCUSSION:  The charges and specifications pending 
upon conviction, result in a punitive discharge.  Thus, a bas 
discharge under AFI 36-3208, Chapter 4, exists.  While AB 
it is clear by the evidence presented at the Article 32 hearin 
court-martialled, was the instigator of the 
anned the trip and knew the person from whom h 
along for the ride and later, according to A 
ring the marijuana onto Vandenber 
ty, coupled with potential evidentiary problems, I believe it is in 
the Air Force's best interests to approve the Chapter 4 request.  Both 30 SFSICC and 
30 SWJCC, after careful consideration, support this request and I concur. 

5.  OPI-IONS:  As the final action authority for the Chapter 4 request in this case, you 
may: 

a.  Disapprove the request for discharge; or 

b.  Approve the request for discharge and determine the type of discharge to be 

issued.  If the type of service characterization you direct is not UOTHC, you must 
specify the reason for the service characterization you direct. 

6.  RECOMNIENDATION:  That you approve the accused's request for discharge in lieu 
of trial by court-martial. 

Attachment: 
Case File 

-  Acting Staff ~ 8 8 ~ e  

Advocate