I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withfwithout 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. 

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

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND D Q  EE WING, 3RD FLOOR 
ANDREWS AFB. MD 10762-7002 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00024 

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. 

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 discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s.  One for misrepresented that he was continuing physical therapy three 
days a week and for making a false official statement.  The other one for writing bad checks.  In addition, he 
received  three Letters of Reprimand, two Letters of Counseling, and two Records of Individual Counseling 
for various acts of misconduct to include being late for duty, failure to go, failure to pay just  debts, writing 
bad  checks,  and  for  wrongfully  using  his  government  credit  card.  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. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Robins AFB, GA on 23 Apr 97 
UP AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Nov 69.  Enlmt Age: 23 3/12.  Disch Age: 27 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-60,  G-70,  M-60. PAFSC: 3C051 -  Communications/Computer 
Systems Operation Journeyman.  DAS: 1 Oct 93. 

b.  Prior Sv: (1) AFRes 03 Mar 93 -  01 Jun 93 (3 months) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 2 Jun 93 for 4 years. Svd: 03 Yrs 10 Mo 22 Das, all 

AMS . 

b.  Grade Status:  A1C -  05 Mar 97 (Article 15, 5 Mar 97). 

SrA -  02 Oct 95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Mar 97, Robins AFB,GA -  Article 115.  You did, 

between on or about 10 Jan 97 and 19 Feb 97, for the 
purpose of avoiding your service as an enlisted person, 
misrepresented that you were continuing physical therapy 
Mondays, Wednesdays and Fridays from 0730-0900 when you 
knew that your therapy was complete.  Article 107.  You 
did, on or about 31 Jan 97, with intent to deceive, make 

an official statement, to wit: 
sical therapy three days a week 

and would be out of the workcenter for at least two 
hours on these days, which statement was totally false, 
and was then known by you to be so false.  Reduction to 
AlC.  Reprimand and 30 days extra duty.  (No appeal) (No 
mitigation) 

(2) 19 Jan 96, Robins AFB, GA -  Article 134.  You did, in 

Cairo West, Egypt, between on or about 30 Oct 95 and 28 
Nov 95, make and utter certain checks in words and 
figures as follows, to wit:  6 checks in the amount of 
$315.00, and did thereafter didhonorably fail to 
maintain sufficient funds in the Robins Federal Credit 
Union for payment of such checks in full upon their 
presentment for payment.  Suspended Reduction to' E-3 and 

suspended fofeiture $250 pay per month for two months. 
Fourty-five days extra duty.  (No appeal) (No 
mitigat ion) 

e.  Additional: LOR, 28 JAN 97 - Wrongfully using Government American 

LOR, 02 MAY 95 -  Writing check without sufficient funds, in 

Express Card in the Amount of $853.00. 

the amount of $60.84 

LOCI 22 NOV 94 -  Failed to go to his appointed place of 
LOCI 10 NOV 94 -  Failed to pay a just debt, in the amount 

duty. 

LOR, 04 OCT 94 - Without authority, left duty early. 
RIC, 10 NOV 94 -  Failure to go to his appointed place of 

of $395.00. 

RIC, 15 SEP 94 -  Late for work. 

duty. 

f.  CM:  None. 

g.  Record of SV: 02 Jun 93 -  01 Feb 95  Robins AFB  3  (Initial) 

02 Feb 95 -  01 Feb 96  Robins AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (01) Mos  (21) Das 
TAMS: (03) Yrs  (10) Mos  (22) Das 

4.  BASIS ADVANCED FOR RFVIEW:  Appln (DD Fm 293) dtd 10 Jan 05. 

(Change Discharge to Honorable.) 

Issue 1:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Two letters of support. 

To Whom It May Concern: 

I was stationed at Robins Air Force Base from 1993 to 1997. I proudly served in the 
United States Air Force as a Communications-Computer Systems Operator. I took pride 
in my job and the performance of my duties. While stationed at Robins AFB, I had some 
financial difficulties.  I may some poor decisions and was disciplined on these issues. As 
a young airman I made mistakes with my finances especially taking on the responsibilities 
of being a new father. 

I was very good at doing my job.  I also participated on the squadron bowling, football, 

and basketball team. In November 1996, I tore my anterior crucial ligament. After being 
excused from duty by my commander and the base doctors, my shop supervisor sent me 
over to the fixed communications side of the base to learn how things were done versus 
being in mobile communications. He only did it after he realized that he couldn't use me 
to go on the next training exercise. While working with fixed communications, I still had 
to go to rehabilitation to get the mobility back in my knee. My shop supervisor came by 
one day to see what I was doing and I had been at rehab. He then went by the gym where I 
was rehabbing and had left early to see my dorm manager about some changes to my 
room. When he couldn't locate me, he immediately started filing paperwork to get me 
released from the Air Force, even though I was scheduled to get out on June lSt of that 
year. My financial mismanagement from earlier in my Air  Force career didn't  help my 
case, although that was under a different shop supervisor who understood why I had been 
having those issues. 

He forced me out of the Air Force and recommended that I be dishonorably 

discharged. My commander who was known for being a strict disciplinarian used me as 
an example as to any airman who didn't tow the line in his eyes. I was discharged from 
the Air Force and denied the opportunity to use my G.I. Bill, which was one the reasons 
why joined the service in the first place. My commander and shop supervisor knew these 
reasons and knew that without and honorable discharge I wouldn't be able to use my G.I. 
Bill, which would serve as further punishment for me. 

I hold no grudge towards these men. I don't feel as if were a racial issue even though 
many of the white airmen in my unit had many of the same issues and yet nothing was 
done to them. I merely wish to have my discharge upgraded to honorable so that I can 
take advantage of the benefits granted to a veteran who loved and honorably served his 
country. Thank you for time in reviewing my case. 

DEPARTMENT OF 'THE AIR  FORCE 

HQ Warner Robins Air Logistics Center (AFMC) 

Robins Air Force Base Georgia 

21 March 1997 

FROM:  52 CBCSfCC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my  recommendation is approved, your service will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My  reasons for this action are: 

a.  You did at Robins Air Force Base, Georgia, between on or about 10 January 1997 and 

19 February 1997, for the purpose of avoiding your service as an enlisted person misrepresent 
that you were continuing physical therapy Mondays, Wednesdays and Fridays from 0730-0900, 
. You also did, on or about 31 January 1997, with intent 
knowing that your ther 
to deceive, make to TS 
an official statement, to wit:  you had to undergo 
physical therapy three days a week and would be out of the workcenter for at least two hours on 
those days, which statement was totally false, and was then known by  you to be so false.  For 
these offenses you received an Article 15, UCMJ, Nonjudicial Punishment, dated 5 March 1997, 
which was placed in your existing Unfavorable Information File. 

b.  You did from on or about 1 August 1996 to on or about 31 August 1996, violate a 

lawful general instruction, to wit:  AFI 65-104, by wrongfully using your Government American 
Express card to purchase iteins not related to official government travel in the amount of 
$853.00.  For this you received a Letter of Reprimand dated 28 January 1997, which was placed 
in your existing Unfavorable Information File. 

c.  You did, in Cairo West, Egypt, between on or about 30 October 1995 and 25 

November 1995, make and utter six checks to DAO and AFO Mountain Home AFB, Idaho, in 
the total amount of $315.00, and did thereafter dishonorably fail to maintain sufficient funds in 
the Robins Federal Credit Union for payment of said checks in full upon their presentment for 

Goldell Legacy, Bo~~~uiless Futl~u-e .... Your. Nntio~l's Air Force 

payment.  For this you received an Article 15, UCMJ, Nonjudicial Punishment, dated 19 January 
1996 which was placed in your existing Unfavorable Information File. 

d.  You did, at or near Macon, Georgia, on or about 30 March 1995, make and utter to 

Starship Records a certain check in the amount of $60.84, and did thereafter dishonorably fail to  - 
maintain sufficient funds in the financial institution for payment of said check in full upon its 
presentment for payment.  For this you received a Letter of Reprimand dated 2 May  1995, which 
was used to establish an Unfavorable Information File. 

e.  You did, on or about 22 November 1994, fail to go to your appointed place of duty at 

the time prescribed.  For this you received a Letter of Counseling dated 22 November 1994. 

f.  You did, on or about 26 October 1994, fail to pay a just debt to Foxwood Apartments 

in the amount of $395.00.  For this you received a Record of Individual Counseling dated 10 
November 1994. 

g.  You did, on 26 September 1994, without authority, go from your appointed place of 

duty.  For this you received a Letter of  Reprimand dated 4 October 1994. 

h.  You did, on 15 September 1994, without authority, fail to go to your appointed place 

of duty at the time prescribed.  For this you received a Record of Individual Counseling dated 15 
September 1994. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel Office, building 
368, ext 6-5852, on 24 March 1997, at 0900  hours.  You may consult civilian counsel at your 
own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 26 March 1997 unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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

7.  You have been scheduled for a plysical examination on 1 ~ ~ r i l '  
1997, at  0700 hours. 
You must report to Physical Exams Section, Building 207.  You must be in uniform and have 

your medical records with you.  You need to report to the laboratory prior to 28 March 1997, 
for blood and urine work-up. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3205, is available for your use at the Area Defense Counsel or your unit orderly 
room. 

-  aF- 

commander 

2 Attachments: 
1.  Supporting documents 

a.  AF Form 1137 
b.  AF Form 3070 dtd 5 Mar 97 w/Atchs 
c.  AF Form 1058 dtd 6 Feb 97 w/Atchs 
d.  AF Form 3070 dtd 19 Jan 96 w/Atchs 
e.  AF Forin 1058 dtd 11 May 95 w/Atchs 
f.  LOC dtd 22 Nov  94 
g.  AF Form 174 dtd 10 Nov 94 
h.  LOR dtd 4 Oct 94 
i.  AFForm 174 dtd 15 Sep94 

2.  Airman's receipt of  notification memorandum