NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

(  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE  DISCUSSED ON THE A'ITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIOHAL RATIONALE 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 

I S I G N A T X O F  BOARD P R E S I D E N ~  

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T WEST, SUITE 40 

RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00440 

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I 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 this right. 

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I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I 
I 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 discharge was inequitable because it was too harsh.  The records indicated the 
applicant received a  General Discharge for intentional or discreditable mismanagement  of personal  affairs 
and recurring misconduct punishable by Military or civil authority.  Over a period of seven years, applicant 
was  accused  of  and/or  incarcerated  for  domestic  disputes,  aggravated  assaults,  (once  with  a  firearm), 
disorderly conduct, battery, and violating a no-contact order.  Most of the applicantk issues center around his 
Board of Inquiry and the accusation that his wife made false allegations.  Applicant also states that the JAG 
acted improperly during the investigation.  The facts of the case are as follows:  A Board Of Inquiry heard 
evidence  from a  civilian police officer,  applicant's  estranged spouse, his  son, members  of  the applicant's 
squadron, and the applicant.  The estranged spouse and child testified to numerous instances of violence or 
threatened  violence  by  applicant, associated  with  his  excessive use  of  alcohol.  Applicant's  spouse also 
provided evidence regarding violation of a n ~ o n t a c t  order, issued by civilian and military authorities.  The 
case file was found to be legally sufficient.  The DRB opined that through these  administrative actions, the 
applicant had  ample opportunities to change his  negative behavior.  The Board  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. 

Applicant states that his discharge did not take into account the good things he did while in the service. The 
DRB took note of the applicant's duty performance as documented by his performance reports, letters of 
recommendation and other accomplishments.  They found the seriousness of the willhl misconduct offset 
any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 CAPT) (HGH CAPT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr McConnell AFB, KS on 4 Nov 99 
UP AFI 36-3206, para 3.6.2 &  3.6.4 (~ntentional or Discreditable Mismanagement of 
Personal Affairs &  Recurring Misconduct Punishable by Military or Civil 
Authority).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Nov 61.  Enlmt Age: 19 0/12.  Disch Age: 37 11/12. Educ: 

Bachelor's Degree. A-58,  E-78,  G-76,  M-94. PAFSC: KO11T3B -  Tanker Instructor 
Pilot. DAS: 30 Jun 94. 

b.  Prior Sv:  (1) AFRes 4 Dec 80 -  6 Apr 81  (4 months 3 days)(Inactive). 

(2) Enlisted as AB  7 Apr 81 for 4 yrs.  Reenlisted as SrA 18 

Feb 85 for 4 yrs.  Reenlisted as SSgt 30 Apr 88 for 4 yrs.  Svd: 7 yrs 9 months 
20 days, all AMS.  AMN  -  Unknown.  A1C -  Unknown.  SrA -  Unknown.  SSgt -  1 Dec 
85.  APRs/EPRs: Unknown. 

3.  SERVICE UNDER REVIEW: 

a.  Appointed to 2Lt &  Ordered on EAD 27 Jan 89. Svd: 10 Yrs 9 Mo 8 Das, 

all AMS. 

b.  Grade Status:  Capt -  27 Jan 93 
1Lt -  27 Jan 91 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOC, UNDATED -  Domestic dispute (missing from file). 

LOR, UNDATED -  Aggravated assault with firearm against wife 

and son (missing from file) . 

18 APR 98-20 APR 98 -  Incarcerated for violating a no 

contact order and aggravated assault. 

19 FEB 98 -  Incarcerated for two counts of aggravated 

assault. 

08 MAR 97 -  Disorderly conduct. 
13 DEC 96 -  Arrested for battery and disorderly conduct. 
JAN 92 -  Domestic abuse. 

f.  CM:  None. 

g.  Record of SV: 17 Feb 90 -  06 Jan 91  Minot AFB  YE  (Semiannual) 

07 Jan 91 -  06 Jan 92  Minot AFB  YE  (Annual) 

07 Jan 92 -  06 Jan 93 
07 Jan 93 -  01 Oct 93 
02 Oct 93 -  27 Oct 94 
28 Oct 94 -  13 Sep 95 
14 Sep 95 -  31 May 96 
01 Jun 96 -  31 May 97 
01 Jun 97 -  31 Jan 98 
01 Feb 98 -  31 Jan 99 
01 Feb 99 -  14 Oct 99 

Minot AFB  YE 
Minot AFB  YE 
McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 

(Annual ) 
( CRO 
YE  (Annual) 
YE  (CRO) 
YE  (CRO) 
NE  (Annual ) REF 
YE  (CRO) 
NE  (Annual) REF 
YE  (CRO) 

h.  Awards &  Decs:  AAF, AFCM W/2 OLCS, AFOUA W/VALOR DEV W/5 OLCS, CRM, 

AFGCM W/1 OLC, NDSM, AFEM W/1 BS, SWASM W/1 BS, AFLSAR W/3 OLCS, SAEMR, AFTR. 

i.  Stmt of Sv:  TMS:  (18) Yrs  (11) Mos  (1) Das 
TAMS:  (18) Yrs  (6) Mos  (29) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 26 Oct 04 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

AFBCMR 

-.-- 

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-- - - - - --  -- - 

The Administrative discharge I  received fiom the USN; is in error and unjust for the 
following rcasons: 

of Inquiry at Mcconnell AFR, KS.  (2-4 June 1999), my ex-wife, 

estified falsely while under oath and in uniform to the botlrd. As 
the governments key witness, she made many false allegations that influenced the 
~ o a i d  of Inquiry (HOT) in their decision to discharge mi afler 18 'A  ycars of active 
duty service. When my ex-wife testified, there was a valid court order in effcct that 
specifically restrained hcr tiom harassment by  contacting my  workplace, yet she 
volunteered to testify to effect my discharge (attachment 2, pg. 6). At the time of my 
discharge, I wac embroiled in a hitter divorce. Every reason the military presented at 
the BOI for my  discharge was related to my  failed marital relationship and not to duty 
performance. Further, my  legal counscl requested an investigation be conducted 
rcgarding my  ex-wife's testimony, but this was apparently ignored, as I received no 
response or rcply (attachment 3). My counsel also requested that no processing action 
be taken against myselfuntil these matters were addressed and resolved. AAer my 
B01, I obtained evidence fiom a certified forensic handwriting analyst that confirmed 
false testimony and perjury did in fact occur fiom my ex-wife (attachment 4). 'This 
evidence was submitted to all reviewing authorities 1AW AFI 36-3206, and 1 
requested in writing for the board to reverse its decision or reconvene (attachmcnt 5). 
My military counscl also submitted letters of request to the revicwing authorities to 
consider this evidence and reconsider (attachment 6). Contrary to AFI 36-3206, pg. 
46-47,1 never received a response or reply, and this evidence was ignored. M'I 36- 
3206 specifically requires that I receive a response with 10 calendar days to submit 
comments or rebuttal. The first pagc of AFI 36-3206 states "Compliance  With This 
Publication Is Mandatory."  While waiting for a response to this additional evidence, I 
rcccived my discharge order via c-mail (attachment 7). 

2. 

Thc statement of reasons that initiated this administrative discharge was changed 
several times. First, my cx-wife made false allegations that I was in arrears in child 
support payments. This is the complaint that initiated my discharge action and was 
ilem #1 on the initial statement of reasons (attachment 8). I obtained a court judgment 
that specifically stated that I was never in arrears for child or spouse support 
payments (attachment 9, pg.  3),  and requestcd this discharge action be stopped 
(attachment 10). As for reason #2, my commander, Lt. ~
d
is not career ending."  I pled no contest LO a civilian charge on his words and trust. 
Next. A new statement of reasons was issued, deleting th; initiating reason and 
leaving the old reasons that had been previously resolvcd in the past (attachment 1 1). 
During my  €301,  the statement of reasons were again changed for the convenience of 
the board. This was done despite objections from my legal counsel relating to due 
process. 

 
me "this 

o

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3.  , # do not  believe the BOI considered thc impact of an administrative discharge after 
18 years service LAW  API 36-3207, pg.  13, and  10 U.S.C.  891 1 and the resulting 
financialleconomic hardships from my  total loss of benefits. In fact, 1 inquired liom 
my frnancc ofice about the 15 yea. retirement option offcred at this time, but was 
told it didn't apply to rated pilots, that 1 was a national asset and not eligible 
regardless of my  situation. Furthcr, T've  received a letter liom HQ AFPC asking me 
to apply for a civilian staffjob due to the current pilot shortagc (attachment 12). My 
desire is reinswement to activc duty. I've  been accountable and takcn full 
responsibility for myself  I do not blame aircrew turbulence, operations tempo or a 
pilot shortage for my situation, however combined with a poor marital relationship, 
these were certainly contributing factors. My cx-wife has been diagnosed with 
Histrionic Personality Disorder, which was also a prevailing factor in the 
dysfunctional marriage. I am not able to obtain 
records, but her behavior was telling at the BOI
l
13). Further, my  cx-wife stated in civil court that shc didn't  realize and was ncver 
informed that the ROi was a discharge board when she testified. My  ex-wife had  full 
intention of destroying my career oul of her anger and vindictiveness. 

!%!%!

(attachment 

!we

!

 

l

sychiatric 

igation. First, to illicit testimony from mTl1 year old son 

trips to my sons residence, gave my son rides in  his 
convertible, a tour ofthc court mom, and invited my son ti) the legal office on his 
career day at school, against my  wishes. In fact, i  requested that my  son attend his 
career day at my  flight squadron, but was ignored by my  cx-wife. This was very 
wrong and I believe it's  not ethical trying to turn a child against his father. I received 
joint  legal custody of my childrcn during my divorce. 

5. 

I made sevcral requests b ihe National Personnel Records Center for my  board of 
rcvicw transcript IAW B01 directions (pg. 6) and M I  36-3206, pg. 50. After several 
months, I received a letter stating that there is no record of a board of review in my 
records. (Attachment 14). 

6. 

I have the continued support of my squadron for reinstatement. My commander 

and previous three commanders, as well as my pccrs, support my continued service. 
(Attachment 15). 

7. 

I believe that all administrative appeals have been ;gnored  or b u s t e d .  After 

contacting Scnator Wayne Nlard for assistance, I received correspondence advising 
me to apply to the AFBCMR for reinstatement, since I  was no longer on active duty 
at that timc (attachment 16). 

8. 

I request reinstatement to active duty and allowed continuing service in the [JSAF. 

T sacrificed 18 !4  years to my country, as evidenced in my  pcrforrnance reports 

(attachment 1 7). If all evidence was considered as stated above, and all instructions 
were followed, T believe 1 would have been retained on activc duty. The catalyst for 
this situation, a very dysfunctional marriage, is over. I believe the supporting 
cvidence will warrant my reinstatement. 1 am certainly willing to appear beforc the 
AFRCMR at my own expense. If you have any questions or need additional 
information or documentation, please conta~? me. 

Thank you very much for your consideration, 

Very respectfully, 

3.62, far intentional or d i d t a b l e  mismanagement of pessonal affairs and pmapph 3.6.4,  for 
serious, reaming misconduct p\mishabIe by militaxy or civilIan authorities, as evidenced by the 
following: 

1. 
bondby attempting to 
~ x ~ d u ~ t  

was also in 

disorderly conduct 

violent &c@ 
Police Dspartmrm subs@y 

a dispute st his home over the 

 

c-

4.  On 13 k 9 6  at hishomeinDuby,Kansas, 

City Prosecutor eventdl 
resulted in the charges be 

<+ 

6 

L-PARTMENT OF THE AIR  FORC'~. -  * 

HEAWUARTERS 220 AIR  REFUELING wlrib (AMC) 

MccOr 

ELL AIR  FORCEBASE K A N ~ s  
. 

$ 

2 2  JAN  1999 

FROM:  CC 

SUBJECT:  Notification of Action Initiated Under AFI 36-3206, Chapter 3, paragraphs 3.6.2 and 
3.6.4. 

1.  I am initiating action against you under AFI 36-3206, Chapter 3, paragraphs 3.6.2 and 3.6.4. 

2.  I am taking this action in accordance with paragraph 3.6.2 because of your intentional or 
discreditable mismanagement of personal affairs and in accordance with paragraph 3.6.4 because 
of your serious, recumng misconduct punishable by  military or civilian authorities.  The 
following specific incidents support both bases for discharge: 

a.  Between about 1 May 98 and about 13 Jan 99 you irresponsibly failed to remain current in 

your court-ordered child support and spousal maintenance payments. 

b.  Between 18 Aur 98 and 20 Aor 98. at or near McConnell AFl3. Kansas. vou violated the 

conditions ofyour bond, a  district judge's  "protection fiom abuse" order, an 

[no contact" order by attempting to contact your wife by 

a c t ,  your bond was revoked i n   Apr 98 a&  you were-incarcerated in Wichita, 

Kansas, until 2 1 Ju198. 

c.  On  19 Feb 98, in Derby, Kansas, while intoxicated, you committed the following specific 

acts of misconduct: 

(1)  You became violent during a dispute with your wife while your  11-year-old son and 
9-year-old  daughter were present.  During this incident, you loudly berated your wife and son, 
threw objects around the house, punched a hole in the wall with your fist, and broke a mirror with 
your fist. 

(2)  You wrongfblly threatened to use physical violence against your wife and son. 

(3)  You threw a burning cigar at your son, striking him in the head. 

(4)  You retrieved your .45 caliber handgun from its carrying case, loaded a magazine into 

it, and, in the presence of your wife and son,  cocked the weapon while saying "lock and load" 
several times, leading your wife and son reasonably to believe you intended to shoot them. 

As a result of your misconduct on 19 Feb 98, you were arrested for aggravated assault and 
incarcerated until 23 Feb 98.  On 27 Jul98, you pled "no contest" to, and were convicted of, two 
counts of felony aggravated assault against your wife and son.  On 2 Sep 98 you were sentenced 
to probation. 

d.  On 8 Mar 97, in Derby, Kansas, you became violent during an argument with your wife 

over a cordless drill.  For this misconduct, the Derby Police Department cited you for disorderly 
conduct. 

r a* 

t 

. -  

. 

e.  On 13 Dec 96 in Derby, Kansas, you, while intoxicated, became violent and frightened your 

family and a child who was ;isiting  your home. 
around your home.  When your  10-year-old 
you took the cordless phone from him, struck 
couch and ripped the phone's base station from the wall.  As a result of your misconduct on 13 
Dec 96, you were arrested by Derby Police Department officers for battery and disorderly conduct 
and were incarcerated at the Sedgwick County Detention Facility until  14 Dec 96. 

to call the police, 
threw him onto the 

and threw objects 

- 

f  In Jan 92 at Minot AFB, North Dakota, during a dispute with your wife,- 

became violent and kicked down a door inside your home.  For this misconduct, 

-you 
the security police detained you. 

3.  The least favorable character of discharge that the Secretary of the Air Force may approve in 
this case under AFI 36-3206, paragraph 3.1 is under other than honorable conditions (UOTHC). 
Attached are copies of documentary evidence to support this action. 

4.  Sign and date the attached memoranda of acknowledgment immediately upon receiving this 
notification memorandum.  Give one copy of the acknowledgment memorandum to me.  If you 
decline to acknowledge receiving this notification memorandum, I will note the date and time that 
you declined to acknowledge receiving it.  The notification and acknowledgment memoranda will 
become a part of your case file. 

5.  Familiarize yourself with AFI 36-3206, particularly the rights you have and the actions the 
MAJCOM may take on receipt of your reply to the action initiated. Contact the Ofice of the 
Area Defense Counsel (ADC), Building 750, 53 155 Kansas Street, Suite 208, Mcconnell Air 
Force Base, Kansas, 67221-3608; DSN 743-4375, Commercial (316) 652-4375, and you will be 
assigned a military defense counsel.  Your military defense counsel will, at no cost to you, discuss 
the procedures involved and your rights and options.  If you decline military counsel, you must 
contact Capt Darlene Hudson, Chief, Military Personnel Flight (MPF), 22 MSSDPM, Building 
795, McConnell Air Force Base, Kansas; DSN 743-376 1, commercial (3 16) 652-3761, for 
counseling about your rights and options.  If you do not take action or respond as specified in the 
following paragraphs, the MAJCOM will proceed with hrther action under AFI 36-3206. 

6.  Within 10 calendar days after you receive this notification memorandum, indorse it, through 
me, to HQ AMCDPPFQ,  100 Heritage Drive, Room 102, Scott AFB, Illinois, 62225-5002.  The 
W C O M  will proceed with hrther action under AFI 36-3206 if I do not receive the indorsement 
within the allotted time.  Include in your indorsement: 

a.  A statement of whether you want to comment or submit documentary evidence that you 

want considered in evaluating your case.  Attach any statements or documentary evidence.  If you 
are unable to submit your statements or documentary evidence within  10 calendar days after 
receiving this notification memorandum, you may request more time as allowed under AFI 36- 
3206.  If you have requested more time to respond to the action initiated, attach a copy of your 
request. 

b.  A statement that your military defense counsel (identify him or her by full name and rank) 
and options in this action.  If you decline 

counseled you and that you hlly 
military counsel, so state and confirm that 
counseled you and that you hlly 

Chief, Military Personnel Flight, 
options in this action. 

c.  A statement that you understand the following regarding recoupment of education 

assistance, special pay, or bonuses received if you haven't  completed the period of active duty 
you agreed to serve: 

Recoupment of a portion of education assistance, special pay, or bonus monies received 
if you voluntarily separate. 

Recoupment of a portion of education assistance received if involuntary discharge is for 
misconduct. 

Recoupment of a portion of special pay or bonus monies received regardless of the basis 
for involuntary discharge. 

The recoupment in all cases is an amount that bears the same ratio to the total amount or 
cost provided to you as the unserved portion of active duty bears to the total period of 
active duty that you agreed to serve. 

If you dispute that you are indebted for educational assistance, the board of inquiry, or, 
if you do not choose or are not entitled to a board of inquiry, an authority appointed by 
the MAJCOM, will make findings and recommendations concerning the validity of your 
indebtedness.  See AFI 36-3206, paragraph 4.37, regarding special rules for 
recoupment . 

d.  A statement notifying me whether you intend to apply for retirement or tender your 

resignation.  If you have applied for retirement or tendered your resignation, attach a copy of the 
retirement application or the resignation. 

e.  A statement that your military defense counsel or the Chief of the Military Personnel 

Flight explained separation pay to you and that you understand the eligibility criteria to receive 
separation pay. 

7.  In response to this notification memorandum, you may, within 10 calendar days, tender your 
resignation to me under AFI 36-3207, Chapter 2, Section B, with the understanding that, if the 

Secretary of the Air Force accepts your resignation, you may receive a discharge under honorable 
conditions (general) unless the Secretary of the Air Force determines that you should receive an 
honorable discharge.  Ifthe Secretary of the Air  Force accepts your resignation, your discharge 
date will be as soon as possible but no later than 10 calendar days after the date that the MPF 
receives separation instructions. 

8.  Actions required under AFI 3 1-501 are not applicable. 

9.  You may request excess leave if the Air Force does not require your hrther participation in 
processing your case. 

Attachments: 
(Listed on Next Page - 
la-lu, 2, 3, 4)