AIR FORCE DISCHARGE REVIEW B o m D  H E A ~ G  RECORD  I 

I 
I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE WITIAL) 

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PERSONAL APPEARANCE 

MEMBER SITTING 

(  AFSNISSAN 

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AMN 
X  I 

RECORDREVIEW 

ADDRESS AND OR ORGANLZATION OF COUNSEL 

ISSUES 

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INDEXNUMBER 

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A 6 2 . 0 0  

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X+ 

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X 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLlCATION FOR REVIEW OF DISCHARGE 
1  LEnER OF NOTIFICATION 
3 
4  1  BRIEF OF PERSONNEL FILE 

1  COUNSEL'S RELEASE TO THE BOARD 

. - -  - -  
ADDITIONAL EXHISITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL APPEARANCE 

I 

HEARING DATE 
10 May 2005 

CASE NUMBER 

FD-2004-004 18 

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. 
I  i- CHANGE REASON TO ERRONEOUS ENTRY 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1504742 

PROM 

SIXRETARY OF THE AJR  FORCE PWSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
l S35 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS hFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1

1 AIR FORCE DISCHARGE RFYIEW BOARD DECISIONAL RATIONALE 

1

CASE NUMBER 
~D1Ool-OO1lR 

I 

1

I 

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 was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I FINDINGS: The Board grants partial relief. 
I 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety that  would justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's reason for discharge inequitable. 

Issues 1 & 2.  Applicant believes his discharge is improper in that he was the recipient of a constructive 
waiver of discharge pursuant to AFI 36-3208, paragraph 5.19.3 and his discharge was inequitable in that the 
grounds used for his discharge were based upon the response to one question in his enlistment paperwork 
and  that  response was  given only upon  the  advice of his recruiter.  The records  indicated the  applicant 
received  an  Article 15 and a vacation action which subsequently led to  a general discharge for fraudulent 
entry.  The member states his recruiter instructed him in completing the AF Form 2030, USAF Drug and 
Alcohol Abuse Certificate.  Prior to enlisting, the member had his criminal convictions expunged and was 
informed  by  the  State of  Utah,  he  could  proceed  with  his  life  as  if  nothing  ever  happened.  Upon  his 
enlistment, the member selected "no"  to the question pertaining to his convictions.  The Board believed the 
applicant when  he stated he  did not  intend to  mislead  the  Air  Force about his  criminal convictions and; 
therefore, his enlistment was erroneous rather than fraudulent, That being the case, the Board opined that a 
general discharge is too harsh and his discharge characterization should be changed to honorable. 

Issue 3.  The issue of reinstatement is not under the purview of the Air Force Discharge Review Board and 
not addressed. 

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. 

However,  in  view  of  the  foregoing  fmdings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more accurately described as Erroneous Entry under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE  D I S C m R G E   REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

MISSING DISCHARGE SOME DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Tinkier AFB, OK on 6 Feb 02 
UP AFI 36-3208, para 5.13.4 (Fraudulent Entry).  Appeals for Honorable Discharge, 
and to Change the RE Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 6 Sun 72.  Enlmt Age: 27 5/12.  Disch Age:  29 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-54,  G-41,  M-77. PAFSC: 2A551L -  Aerospace Maintenance 
Technician. DAS: 21 Apr 00. 

b.  Prior Sv:  (I) AFRes 30 Nov 99 -  25 Jan 00 (1 month 26 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB  26 Jan 00 for 6 yrs. Svd: 2 Yrs 0  Mo 12 Das, all MS. 
b.  Grade Status:  Amn  -  14 Nov 01 (Vacation of Article 15, 14 Nov 01) 

A1C -  28 Jul 00 

c,  Time Lost:  None. 

d.  Art  15's: 

(1) 14 Nov 01, Vacation, T i n k e r   AFB, OK -  Article 86.  You 
did, on or about 27 Sep 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to Airman.  (No appeal)  (No mitigation) 

(2) 18 Sep 01, Tinker AFB, OK -  Article 83.  You, did, at 
or near the Continental United States, on or about 23 
Nov 99, by means of knowingly deliberate concealment of 
the fact that you possessed marijuana procure yourself 
to be enlisted as an airman in the United States Air 
Force, and did thereafter, at or near Tinker AFB, OK, 
receive pay and allowances under the enlistment so 
procured.  Article 107.  You, did, at or near the 
Continental United States, on or about 30 Nov 99, with 
intent to deceive, sign an official document, to wit: SF 
86, Questionaire For National Security Positions, which 
document was false in that you marked you had not been 
arrested for, charged with or convicted of any 
offense(s) related to alcohol or drugs, or any other 
offense(s,) not listed above when in fact you had been 
arrested for domestic violence, possession of marijuana, 
and convicted of shoplifting, and was then known by you 
to be so false.  Suspended reduction to Airman.  Forty 

five days extra duty, and a reprimand.  (No appeal)  (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 26 Jan 00 -  25 Sep 01  Tinker AFB  3  (Initial) 

h.  Awards  &  Decs:  AFTR, SAEMR. 

i.  S t m t   of Sv:  TMS:  (2) Yrs  ( 2 )   Mos  (8) Das 
TAMS:  (2) Y r s   (0) Mos  (12) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm  293) dtd 8 Oct  04. 

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

f o r  Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Copy of  Personnel Records, 
3. Article 15s. 
4. State of Utah Expungement Documents. 
5. Memorandum For Air Force Discharge Review Board. 
6. USAF Training Documents. 
7. Retention Memorandum From  Aug-Sep 2 0 0 1 .  
8 .   Five Character References. 

ISSUES 

A  That; 

idischarge was improper in that ; 

- - - - - - - - - - - - - - - -  
---------------- 

;was fie recipient of 

, - - - - - _ _ _ _ _ _ _ _ _ _ _ _ -  

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  

a constructive waiver of discharge pursuant to AFI36-3208, 5.19.3. 

, - - - - - - - - - - - - - - - - - -  

B.  Thatj 

- - - - - - - - - - - - - - - - - - a  

idischarge was inequitable in that the grounds used for his 

discharge was based upon the response to one question in his enlistment paperwork 

and that response was given only upon the advice of his recruiting officer. 

-
C. That: L - - - - - - - - - - - - - - - - - .  

-

-

-

,

-

-

~

~

~
idischarge resulted in an injustice requiring correction of his 

~

~

~

~

~

~

~

~

~

 

military record through his reinstatement to active duty dated to 20020206. 

SUMMARY OP FACTS 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
: - - - - - - - - - - - - - - - - - - - - - - - - - - - -1 

: while married to: 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
. . . . . . . . . . . . . . . . . . . .   1 was arrested for 

domestic violence, possession of marihuana and misdemeanor retail theft. Prior to the 

enlistment pro&, 

- - - - - - - - - - - - - - - -  
j 

[applied for expunction of his criminal record pursuant to 

the laws of the State of Utah.  In November 1999, he received a letter fiom the Utah BCI 

seating that he had been approved for both eligibility certificates (expungement of all 

charges in his criminal record), and that he should go to the Bureau of Criminal 

Investigation office and pay a fee to finalize the process.  A clerk with the Utah BCI 

advised him that %om  this point on, if someone was to ask if you had ever been arrested, 

you could tell them that you had not."  j 

- - - - - - - - - - - - - - - -  
- - - - - - - - - - - - - - - - ,  

i filled out the two orders of 

expungement and sent them to the two country court offices involved. 

-

-

-

-

,
L - - - - - - - - - - - - - - -  P 

- ~ ~ ~ ~ ~ ~ ~ ~  
:  with the desire to turn his life around, pursued enlistment into the 

-

-

-

----------------- 
USAF.  He met with his recruiter, TSgt ;-- -- ------- ---- 

I  to discuss eligibility requirements 

and he told i::::::: 

: that he had had his criminal record expunged, fully revealing the 

details of each of the charges/convictions. : - - - - - - -  i advised: ----------- - -  - -  i not to worry, that 
when : - - - - - - - - - - - - - - - -  i  filled out the forms, he, L - - - - - - -, : would tell him how to answer.  I 

,--------------- 

- - - - - - - - - - - - - - - -  

- - - - - - - - ,  

- - - - - - - - 

followed his instructions, processed through MEPS, and entered the USAF on 26 January 

In September 2000, worried about other Airmen being discharged for fraudulent 

entry into military service, i 

- - - - - - - - - - - - - - - -  

L - - - - - - - - - - - - - - - ,  

i consulted with his security manager, TSgt 

r - - - - - - - - - - - - - - - - - - -  

; - - - - - - - - - - - - - - - - - -~  

: about his own enlistment paperwork telling her everything about both 

the nature of the offenses and the manner in which his paperwork was completed.  She 

, - - - - - - - - - - - - - - -  

advised : L - - - - - - - - - - - - - - :  

'that they would take care of any problems arising in his s d t y  

clearance.  At this same time, i 
, _ _ _ _ _ _ _ _ _ _ .  
: - - - - - - - - - -  i-  : - - - - - - - - - - - - - - - ,  

; and l 

~~~~~~~~~~~~~~~~ 

I 
I 

' 

I 

L - - - - - - - - - - - - - - - l  

.-------------------. 

L - - - - - - - - - - - - - - - - - - - P  

I  with the intent to ruin  - - - - - - - - - - - - - - - 

rs life 

- - - - - - - - - - - - - - - -  

i was gohg through a divorce from; 

8  - - - - - - 8 
i 
- - - - - - - 
, - - - - - - - - - - - - - - - ,  

I-  I 
I 
I 

- - - - - - - - - - - -  

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  

and career in the Air Force, sent a copy of his criminal record to his First Sergeant, MSgt 
_ _ _ _ _ _ _ _ _ _ _ _  
i md his commander, Maj 
L _ _ _ _ _ _ _ _ _ _ _ I  I - - - - - - - - - - - - - - - -  i  explained everything to MSgti 
L - . - - - -:  Nonjudicial punishment was offered, and, feeling that .he should take accept' some 
of the responsibility for the conditions of his enlistment, i - - - - - - - - - - - - - - - -  i  accepted the 
nonjudicial punishment (45 days extra duty and a suspended reduction in rank). Maj 
- - - - - - - 
L - - - - - - - 

ladvised him that he could move on with his career and rise above the situation.  Mr. 

- - - - - - - - - - - - - - - -  

L - - - - - - - -  L - - l  

:----------I 

; was not processed for discharge. 

L - - - - - - - - - - .  

While serving his extra duty punishment, j 

- 
work one day because his truck had broken down on the highway.  He was able to 

, - - - - - - - - - - - - - - -  

- - - - - - - - - - - - - - - -  ireported 15 minutes late to 

temporarily repair his vehicle and report t i  work.  As s result, the suspension of his 

reduction in rank was vacated and: L - - - - - - - - - - - - - - - :  

'lost a stripe.  He was not processed for 

, - - - - - - - - - - - - - - - -  

discharge. 

After the completion of the extra duty punishment, j 

, - - - - - - - - - - - - - - -  

- - - - - - - - - - - - - - - -  

i was allowed 

leave to visit his children.  While visiting his children, his ex-wife, angry because he 

would not agree to reconcile, called MSgt j 

, - - - - - - - - - - - -, 

- - - - - - - - - - - -  8 

- - - - - - - - - - - - - - - -  

$0 falsely reportL - - - - - - - - - - - - - - -, I'  s 

behavior as assaultive. I 

, - - - - - - - - - - - - - - -  
- - - - - - - - - - - - - - - -  

i had already talked to MSgtL - - - - - - - - - - -  L who told him 

they would talk about it upon his return to the base.  Mr.: L _ _ _ _ _ _ _ _ _ _ _ I  has ordered to report 

I - - - - - - - - - - - -  

to the commander's ofice whereupon he was told that his discharge would be processed, 

even though his security clearance had come back clean.  Mr.!  - --I- - - - - -I's discharge was 

1 - - - - - - - - - - 1  

effective 06 February 2002. 

A  Improper discharge.  In support of bis position that the discharge was improper in that 

applicant had been the recipient of a constructive waiver of discharge pursuant to AFI36- 

3208, 5.19.3, applicant would show the foUowing: 

1 - - - - - - 1  

Maj ; - - -  :clearly  intended to retain Mr. i 

8 - - - - - - - - - - 3  

i in the AF after learning the facts 

and ciicumstances surrounding the purported fraudulent entry.  While acknowledging 

that the inacdurate response given to the question on Form 86, "In the last 7 years, have 

you been arrested for, charged w i t .  or convicted of any offense(s) not listed in response 

to a,  b,  c, d, or e above?" was wrong, Ma,: 

:chose to offer nonjudicial punishmem. 

, - - - - - - -  
- - - - - - -  8 

bas given only 45 days extra service and a suspended reduction in rank. 

Mr.: 

Maj i 

L _ _ _ _ _ _ _ _ _ _ I  

- - - - - - - 

: told Mr. : 

L _ _ _ _ _ _ I  

I - - - - - - - - - -  

- - - - - - - - - - -  

ithat he could "move on"  with his career and "rise above" the 
- - - - - - - - - - - - -  

situation. When all the facts were known to Maji 
for discharge.  Later, when Mr. : 
: was delayed in reporting to duty because of his 
vehicle breakdown, Maj !------:only vacated the suspension of the reduction in rank and 

I  he did not process Mr.: 

- - - - - - - - - - -  

L - - - - - - - - - - 8  

- - - - - - - - - - - - -  

- - - - - - - 

- - - - - - - 
.-----, 

did 

not process Mr. i 

1 - - - - - - - - - - 1  

) for discharge.  Maji 

L _ _ _ _ _ _ _ _ _ I  

L - - - - - - I  

L _ _ _ _ _ _ _ _ _ _ I  

work the next day in the proper uniform, evidencing intent to retain Mr. j 

, ------. 

i told Mri 

- - - - - - - - - - - -  

i to report back to 
----------- 

L - - - - - - - - - J  

Finally, when Mr.; 

1 - - - - - - - - - - - 1  

;was processed for discharge, it was based upon the fallacious, 

L _ _ _ _ _ _ _ _ _ _ I  

incessant and recurring reports of a vindictive ex-wife, not on any actual misconduct by 

B.  Inequitable discharge. 

In support of his position, ~ r

-----------. 
i L _ _ _ _ _ _ _ _ _ _ -  ivould show that .discharge was 

.

 

disproportionate to the circumstances surrounding the grounds given.  AFI36-3208,  5.15 

establishes that "an airman may be discharged for fraudulent entry . . , through any 

deliberate, material misrepresentation, odssion, or concealment that, if known at the 

time of enlistment or entry into a period of military service, might have resulted in 

rejection.  The b u d  may occur at any time in the enlistment process; for example, when 

airmen are asked to fll out forms."  Mr.: 

' - - - - - - - - - - - 1  

:has been completely forthcoming in 

providing all details of his criminal record.  He told his recruiting officer about the 
offenses and the expungement. His recruiting officer, TS&  - - - - - - -a  instructed him on how 
- - - - - - - - . 
$-elied upon TSgt L ; _ _ _ _ _ _ _ - 

to answer the pertinent questions (in the negative).  Mr; 

, - - - - - - - - - - - .  

,-------. 

in responding to the questions as the information about his criminal record was complex. 

Mr. i 

- - - - - - - - - - - -  

!understood his record to have been expunged and had been told by a Utah 

BCI clerk that he could answer no to questions asking about amst and conviction.  TSgt 
- - - - - - - - - 
; - - - - - - - -j as a recruiting officer, should have had an understanding of the appropriate 

response to such questions in the enlistment paperwork In a telephone conversation with 

then refuses to provide a written statement.  TSgt ; 

I - - - - - - -  

L - - - - - - 8  

- - - - - - - - . 
'Ts& ::_  - - - - - - - 

ion 4 December 2003, he accepts responsibility for advising Mr. i 

- - - - - - - - - - -  
L - - - - - - - - - -I  but 
: also failed to respond to a written 

request by legal counsel for a statement.  Mr. j 

jnever  intended to misrepresent or 

- - - - - - - - - - - . 
L ---------- l 

conceal his criminal record when responding to the questions in his enlistment package. 

wenM.i  - - - - - - - - - - ,  

- - - - - - - - - - -  j  became aware of other airmen being discharged for fraudulent 

entry, he reported his situation to security manager. TSgt. j 

, - - - - - - - - - - 3  

;advised him to wait 

and see what came back on his security clearance.  TSgti - - - - - - - - - - -  ;asserts in her statement 
that she had "no reason to believe Mr. j 

) intentionally and with forethought 

----------. 

1 - - - - - - - - - - 1  

planned to deceive the USAF."  Only after two women, intent on destroying Mr. 

' - - - - - - - - - - - 1  

L _ _ _ _ _ _ _ _ _ _ -  

- - - - - - - - - - - - -  

is We and career, reported his criminal record to MS& 

i called on to take responsibility for his responses.  Even then, Maj j 

- - - - - - - - - - - - -  
overheard to say he believed Mr. j 

- - - - - - - - - - -  

L _ _ _ _ _ _ _ _ _ I  

i and retained ~

I - - - - - - - - - - -  

.

j

 

!in the AF,  It was 

L _ _ _ _ _ _ _ _ _ _ I  

- - - - - - - - - - - -  

L - - - - - - - - - - -1 

j was Mr. 

8 - - - - - - 7  

- - - - - - - 

;was 

ody later, &ex-  recurring contact and complaints from the two malicious women that Mr. 
, - - - - - - - - - - -  
----------- 8 
the women on many previous occasions and had not seen their lies as reason to deal 

i's  discharge was processed.  Both MSgt: 

j had spoken to 

!and Maj j 

- - - - - - - 

L _ _ _ _ _ _ _ _ _ _ _ I  

I - - - - - - - - - - - -  

L - - - - - l  

(. 

adversely with Mr: 

- - - - - - - - - - - -  

L - - - - - - - - - - - 8  

j  It is unjust and resulted in an inequitable discharge that 

they may have been tired of dealing with these women. . 

Mr  - - - - - - - - - - - - 
L - - - - - - - - - - - 8  

!submits this Application for the Review of Discharge From the 

CONCLUSION 

Armed Forces of the United States on the basis that his discharge was improper as he was 

the recipient of a constructive waiver of discharge from his commading officer, Maj 
- - - - - - - 
L - - - - - - ,  

L _ _ _ _ _ _ _ _ _ _ ~  bserts that his discharge was inequitable as it was 

I Additionally, Mr. j 

1 - - - - - - - - - - - -  

based upon an inaccurate statement in his enlistment paperwork, answered according to 

1 

the instructions of his recruiting officer.  Maj L - - - - - - l  

-------: clearly intended to retain: 

I - - - - - - - - - - -  

I 

L - - - - - - - - - - 8  

j  in 

the Air Force upon first learning all the facts and circumstances surrounding the 

enlistment.  He knew about! 

- - - - - - - - - - -  

s expungernent of criminal records, the nature of the 

offenses for which! 

- - - - - - - - - - -  ! was initially arrested and convicted or of which charges were 
dismissed.  He was aware that ! L - - - - - - - - - - I  !requested assistance fiom his recruiting officer in 

- - - - - - - - - - -  

responding to the questions about his criminal record.  Maji 

j even commented to his 

' - - - - - - I  

L - - - - - -  

First Sergeant that he believed that ! 

! did not have fraudulent intent in answering 

. - - - - - - - - - - I  

- - - - - - - - - - -  

the questions as he did. Because he chose not to discharge Mr. i 

!at tbis time, Mr. 

!had a legitimate reason to believe that discharge had been waived. 

- - - - - - - - - - - a  

Since revocation of the discharge and reinstatement to active duty status is not 

available, the proper remedy in this case is correction of ~ r . !  

j s military record to 

L - - - - - - - - - - 8  

reflect an honorable discharge and a change in the Reenlistment Code to allow Mr. 
- - - - - - - - - - -  i to re-enlist into the Armed Forces, preferably the United States Air Force. 

L -  - - - - -  - -  - - n  

DEPARTMENT OF THE AIR FORCE 

-5526 EQUIPMENT k W W A N C E  SOUADRUN (ACC) 

TINKER AIR FORCE BASE OKLAHOMA 

22 January 2002 

FaOM- 552 EMS/CC 

Tinker AFB OK 73 145 

1. I am recommendiug your discharge fkom the United States Air Fme for Defective 
Enlistmeat.  Tbe authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.13.4, 
Fraudulent Entry.  If my m m m e ~ n  
is approved, your service will be cbterized as 
honorable or g d .  I am recommading that your service be characterized as general. 

2.  My reasons for this action are: 

On or about 23 Nov 99, with intent to deceive, and by &hberate concealment of the fad 

' 

c  mat ym had been arrested f&  charged wiih or convicted of domestic violence, possession of 
-  marijuana, aud convicted of shoplifting, ~JXWE yourself to be enlisted as an airman in the Air 
'.. 
Force, and did thereafter, at or near Tinker Air Force Base OR, received pay and allowances 
under tb enlistment so procured  You deliberately concealed the fact that you had btea d 
fix, charged with or convicted of possession of mariijuama, domdc violence and shoplifting 
prior to enlistment See Atch 1.  As a result, you received an Article 15, dated 18 Sep 01. 
M h m e n t  was reduction to tfie gmde of aiman (rmspended until 17 Mar 02), 45 days extra 
duty, and a reprimad Seei Atch 2.  In addition, at w near Tinker AFB OR, on or about 27 Sep 
01, witbout authority, you Sled to go at the time prescribed to your place of duty, Bldg 230. As 
a resnlt, you received a Record of Proceedings of Vacation of S m e d  Nonjndicid 
Punishment. You were reduced to the grade of a i m ,  effective 14 Nov 01. See Atch 3. 

Cqies of the doameats to be forwarded to the separation authority in support of this 
recommendation are attached The mmmank exmising 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 senice will be chamcterized If you are discharged, you will be ineligible 
for reenlistment. 

3.  You have the right to consult counsel. Military legal counsel has been obtained to assist you 
I have made arrangements for you to consult Capt I--------------------< 
I  at Bldg 452, Tipker AFB OK on 
23 Januaty 2002, at 0800 hours.  If it is necessary to change this appointment time, call Capt 
Reed's office at 451739-7713.  You may consult civilian counsel at your own expense. 

- 

Global f30Mr for a m m r i c a  

J 

/ 

4. You have the right to submit statements in your own behalf.  Any st.atanents you want the 
separation m&rity  to consider must reach me by 25 January 2002,  unless you reguest and 
M v e  aa extension for good cause shown.  I will send tbem to the separation authority. 

5. lf you fail to consult counsel or to submit statements in your own b
constitute a waivcr of your right to do so. 

a

 your failure will 

6. You were scheduled for a medical examinahon on 17 January2002, and you should have 
reported to the Tinker AFB Hospital, Physical Exam Section, on that date for the e x ~ o n .

 

7.  Any pasonal information you furnish in rebuttal is covered by tbe Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the orderly rwm. 

8.  Becute the srttnched achmlcdgtnent and retuxn it to me immediately. 

Attachments: 
1.  AF Form 2030 

C .  2.  Art 15, dtd 18 Sep 01 

3.  Racord of Vacation of Susp Punisbment 
4 A L l f J l o W l ~ e n t h  

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