AIR FORCE DISCHARGE REVIEW B o r n  HEARTNf2 p w r n n n  

TYPE GEN 

COWSEL 

YES 

No 

PERSONAL APPEARANCE 

X 
NAME O F  COUNSEL AND O R  ORGANIZATION 

RECORD REVIEW 

I 

ADDRESS  AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

WDEX NUMBER 

A67.90 

ISSUES  A92.35 
A02.17 
A92.21 
A92.19 
A94.05 
A02.13 

, &BIBITS 

v*+ 

1  I  ORDER APPOMTMG THE BOARD 

S U B M ~ ~ ~ ~ I O  

IQE  ~gw:~ 

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APPLICATION FOR REVIEW OF DISCHARGE 

COUNSEL'S  RELEASE TO THE BOARD 

PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

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^ 

HEARING DATE 

CASE NUhlBER 

31 May 2005 
hPPLICANl"S  ISSUE ANL) IHk HOARD'S DECISIONAL  RATIONAL  ARE  DISCUSSED ON TlIE ATTACHED AIR  FORCE DLSCIIARGE REVIEW BOARD DECISIONAL  RATIONALE 

FD-2005-00032 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

1  * CHANGE RE CODE 

SAFIMRBK 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB. TX 781 50-4742 

AFHQ FORK1 0-2077, JAN 00 

SECRETARY O F T l l E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIE\\' BOARD 
1535 COhlhlAND  DR. EE \\'ING.  3RD F1.00R 
ANDRE\VS  AFB. hlD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00032 

GENERAL:  The  applicant  appeals  for upgrade  of  discharge to  honorable  and  to  change the reenlistment 
code.  Through  counsel,  the  applicant  clarified  that  he  was  not  seeking  a  change  in  the  reason  or  the 
authority  for  the  discharge  despite  the  fact  that  his  application  requested  a  change  in  the  reason  to 
"convenience  to the government." 

The applicant appeared  and testified  before the  Discharge  Review Board  (DRB), with counsel,  at Andrews 
AFB on 3 1 May 2005. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge and change of reenlistment code are 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: 

Issue 1. The applicant cited his desire to return to Air Force employment as a reservist and provide that 
amount of service necessary to be called an Air Force retiree.  He asked the DRB to consider the two year 
time period  for which he committed his misconduct as an aberration in his character.  Instead, he asked the 
DRB to look at his true character, as reflected  in his pre-service conduct, his prior honorable military  service 
and his post service conduct to provide him an opportunity to once again serve the Air Force.  The DRB 
recognized the applicant's total conduct and applauded his continued service to the United States as a 
civilian employee, but the DRB did not consider the applicant's character as a matter of inequity or 
impropriety which would warrant an upgrade.  Nor did the DRB believe that the applicant's  prior military 
service or post service conduct lay a basis for other relief.  The DRB determined that the applicant's 
voluntary and wrongful use of marijuana  and his DUI offense. amongst other minor infractions during the 
enlistment in question, reflected  his character at the time and that his service was likewise appropriately 
characterized. 

Issue 2.  The applicant also contended that a number of the infractions citied in his discharge were petty and 
that his discharge was inequitable because it was too harsh.  The records indicated the applicant received 
nonjudicial punishment under Article  15, UCMJ  for the wrongful use of marijuana and nonjudicial 
punishment under Article  15, UCMJ for DUI.  Between these two significant pieces of misconduct, the 
record reflected five other pieces of misconduct:  uttering checks without sufficient funds, two derelictions 
of duty, and two failures to go.  (The DRB did not consider an additional failure to go infraction which the 
applicant's discharge board found was not committed).  The DRB recognized that these other pieces of 
misconduct were of a minor nature and that the applicant had provided  testimony establishing either a 
defense or further extenuation and mitigation.  While the DRB did discount many of these infractions, the 
Board concluded, nonetheless, that the applicant's wrongful use of marijuana and DUI represented  a 
significant departure from conduct expected of all military members and that the characterization of the 
discharge received by the applicant was appropriate. 

Issue 3.  Finally, the applicant raised two matters of impropriety.  He stated that he believed that the 
composition of his discharge board had been selected to reach a predetermined result.  He said the panel was 
all white, with a women added as a minority.  He further said that his defense counsel appeared to be from a 
Hindu background  and that the two defense witnesses were black.  In support of his contention, the applicant 

pointed to the initial discharge board result recommending a UOTHC discharge and the alleged comments of 
the government's representative  subsequent to the board in which he allegedly apologized for the strong 
comments he made at the board and allegedly said the "brass"  wanted the applicant "out"  to get even for his 
earlier retention despite having used marijuana.  The applicant also contended that his defense counsel 
provided a weak defense.  In the absence of other evidence pointing to actual manipulation of the panel's 
composition, the DRB determined that the applicant's  assertions were insufficient to clearly raise an 
impropriety in the board process.  The DRB also concluded that the record, to include the discharge board 
transcript, reflected that the applicant was provided effective assistance of counsel. 

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 

FD2005-00032A 

(Former SSGT)  (HGH TSGT) (REHEARING) 

1.  MATTER UNDER REVIEW:  . A p p l  rec'd  a GEN Disch fr Charleston 
AFB,  SC on 01 Apr  91 UP AFR 39-10, para  5.47b  (Misconduct - 
Conduct  Prejudicial to Good Order and Discipline).  Appeals  for 
Honorable Discharge,  and to Change  the Reason and Authority  for 
Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 1 1  Apr  01. 

b.  The AFDRB  reviewed case on 01 May  01  (non-appearance w/o 
counsel) &  concluded applicant's  discharge  should not be changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 04 Jan 
05.  (ChangepDisch-aEJe to-Hcnorable, and Change the Reason and 
Authority  for Discharge.) 

Issues 1:  Active Duty Accomplishments  (will submit before 

Issues 2:  Post Service Accomplishments  (will submit before 

hearing) . 
hearing) . 

Atch 

1.  Two DD Form 214s. 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE W I E W  BOARD 

ANDREWS AFB, MD 

(Former SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 91/04/01 UP  AFR 39-10, 
para 5-47b (Misconduct -  Conduct prejudicial to Good Order and Discipline). 
Appeals for Honorable Disch &  to Change the Reason &  Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 53/01/29.  Enlmt Age: 19 11/12.  Disch Age: 38 2/12. Educ:HS DIPL. 

AFQT: N/A.  A-69,  E-96,  G-96,  M-84. PAFSC: 60575 -  Air Transportation 
Supervisor. DAS: 89/07/17. 

b.  Prior Sv:  (1) AFRes 73/01/15 -  73/01/31 (16 days) (Inactive). 

(2) Enld as AB 73/02/01 for 4 yrs.  Ext 76/04/05 for 3 mos. 

Ext 76/09/23 for 20 mos.  Reenld as Sgt 79/12/26 for 4 yrs.  Reenld as SSgt 
81/03/20 for 4 yrs.  Ext  84/10/22 for 2 mos.  Svd: 12 yrs, 2 months, 14 days, all 
AMS.  APRs: 7 , 8 , 8 , 9 , 9 , 9 , 9 , 9 , 9 , 9 , 7 , 9 , 9 .  

3.  SERVICE UNDER REVIEW: 

a.  Reenld as SSGT 85/04/15 for 4 yrs.  Ext: 88/04/22 for 27 mos.  Svd: 5 

Yrs 11 Mo 17 Das, all AMS. 

b.  Grade Status:  SSgt -  88/05/12 (Article 15, 88/05/12) 

TSgt -  87/01/01. 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 90/07/27, Howard AFB, Panama -  Article 111.  You, did, 

o/a 7 Jul 90, near the intersection of Kansas and 
Alaska Drive, operate a vehicle, to wit: a passenger 
car, while drunk.  Rdn to Sgt  (susp till 27 Jan 91), 
Forfeiture of $150.00 pay per month for 2 months, and 
10 days extra duty.  (No appeal) (No mitigation) 

(2) 88/05/12, Norton AFB, CA -  Article 112a.  You did, o/a 

16 Mar 88, wrongfully use marijuana.  Rdn to SSgt, 
forfeiture of $250.00 pay per month for 2 months, and 
10 days extra duty.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOC, 12 FAR  90 -  Failure tc gc. 
VBC, 08 MAR 90 -  Failure to go. 
LOC, 21 NOV 89 -  Dereliction of duty. 
RIC, 15 NOV 89 -  Missed appointment. 
MFR, 26 SEP 89 -  Dereliction of duty. 
LOR, 21 SEP 89 -  Failure to pay just debts 

f.  CM:  none. 

g.  Record of SV: 84/12/03  85/12/02  Norton AFB  9  (Annual) 
85/12/03  86/12/02  Norton AFB  9  (Annual) 
86/12/03  87/12/02  Norton AFB  9  (Annual) 
87/12/03  88/12/02  Norton AFB  7  (Annual) 
88/12/03  89/12/02  Howard AFB  8  (Annual) 
89/12/03  90/12/02  Howard AFB  2  (Annua1)REF 

(Discharged from Charleston AFB) 

h.  Awards &  Decs:  AFCM, AFGCM W/3 OLCs, NCOPMER, AFLSAR W/3 OLCs, NDSM W 

l/Dev, AFOLTR W/1 DEV, AFOSSTR, AFTR, AFEM, JSMUA, AFOUA. 

i.  Stmt of Sv:  TMS: (18) Yrs  (2) Mos  (17) Das 

TAMS: (18) Yrs  (2) Mos  (1) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/03/14. 

(Change Discharge to Honorable Disch &  to Change the Reason &  Authority for 

Discharge) 

Issue 1:  I expect my counsel to submit issues before my hearing. 

Issue 2:  Among main issues, most important are:  Change discharge to 
honorable and change reason for discharge to "For The Convenience of the 
Government. " 

ATCH 
none. 

1-p  2 0 0 3  - uoo S a H  

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D E P A R T M E N T  O F  T H E  AIR  F O R C E  
H E A D Q U A R T E R S   6 1  S T  M I L I T A R Y  A I R L I F T  G R O U P  ( M A C 1  

A P O  M I A M I   3 4 0 0 1  -5000 

REPLY T O  
ATTN OF:  CC 

SUBJECT:  Notification Letter-Board Hearing 

2 f  AUG  1990 

1.  I am recommending your discharge from the United States Air Force for A 
Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline 
according to AFR 39-10, under the provisions of 5-47b.  Copies of the 
documents to be forwarded to the separation authority to support.this 
recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 7 July 1990, you operated a motor vehicle while drunk, for 

which you received Article 15 punishment dated 27 July 1990. 

b.  Between on or about 1 February 1990 and 25 February 1990, you failed 

to go to the Howard Clinic for a mandatory immunization, for which you 
received a letter of counseling dated 12 March 1990. 

c.  On or about 8 March 1990, you failed to go to scheduled M-16 training, 

for which you were counseled. 

d.  Between on or about 1 November 1989 and 21 November 1989, you failed 

to follow standard operating procedures with regard to the signing in and out 
of your duty section, for which you received a letter of counseling. 

e.  On or about 6 November 1989, you failed to go to a scheduled dental 

appointment, for which you received a record of  counseling dated  15 November 
1989. 

f.  On or about 25 September 1989, you failed to fbllow your supervisor's 

instructions with regard to scheduling, for which a memo  for record was 
executed on 26 September 1989. 

g.  Between 5 June 1989 and  1  September 1989, you uttered 23 checks 

without maintaining sufficient funds in your account to cover these checks, 
for which you received a letter of reprimand dated 21 September 1989, which 
was placed in your UIF. 

h.  On or about 16 March  1988, you wrongfully used marijuana, for which 

you received Article 15 punishment dated 12 May  1988. 

MAC--THE  BACKBONE OF DETERRENCE 

3.  This action could result in your separation with an under other than 
honorable conditions discharge.  I am recommending that you receive an 
under other than honorable conditions discharge. The commander exercising SPCM 
jurisdiction or a higher authority will make the final decision in this 
matter.  If you are discharged, you will  be  ineligible for reenlistment in the 
Air Force. 

4.  You have the right to: 

a.  Consult legal 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 . 

e.  Waive the above rights.  You must consult legal counsel before making 

a decision to waive any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to the 
Howard AFB Clinic, at -@7/-5- hrs on ------ ax &UO 

--  1990. 

812, Albrook AFS, 286-3150, 
An appointment has been scheduled for you to 

6.  Military  legal counsel capt-building 
has been obtained to assist 
consult him on  ~ I _ - ~ u _ G - - -  
counsel, you may have another, if  the lawyer you request is in the active 
military service and is reasonably available as determined according to AFR 
111-1.  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 couneel, if  employed, must be readily available. 

1990, a t  LIY_$& 

hrs.  Instead of  the appointed 

7.  Confer with your counsel and reply, in writing, within 7 workdays, 
specifying 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 make submit written 
statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation.  If 
you fail to respond, your failure will constitute a waiver of  the right to the 
board hearing. 

8. If this discharge recommendation results in an approved discharge, you may 
request that it be reviewed in the Office of  the Secretary of  the Air Force 
prior to execution. 

9.  Any  personal information you furnish in rebuttal is covered by  the Privacy 
Act Statement as explained in AFR 39-10, attachment 6.  A copy of  AFR 39-10 is 
available for your use in your orderly room. 

10  _Execute  t h e   a t t a c h e d   acknowledgment  and  r e t u r n   i t   t o  me 

i m m e d i a t e l y .  

Commander 

3   Atchs 
1 .   S u p p o r t i n g   documents 
la.  AF  Form  3 0 7 0 ,   d a t e d  
27  J u l y   1990 
l b .   L t r ,  of  C o u n s e l i n g ,  
d a t e d   12  March  1990 
l c .   Memo  f o r   R e c o r d ,  
d a t e d   21  November  1990 
I d .   AF  Form  1 7 4 ,   d a t e d  
15  November  1989 
l e .   Memo  f o r   R e c o r d ,  
d a t e d   26  September  1990 
I f .   L e t t e r   of  Reprimand, 
d a t e d   21  September  1990 
l g .   AF  Form  3070,  d a t e d  
12  May  1988 
2.  Documents  c o n t a i n i n g  
d e r o g a t o r y   i n f o r m a t i o n  
3 .   Airman's  acknowledg- 
ment