1  KAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

- 

1  GRADE 

TYPE GEN 

,  - 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

AlC 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION O F  COUNSEL 

No 
X 

MEMBER SITTING 

,-  +- 

A  WTEVF '~$EBOA@ 

"'5  ,  ! 

HON 

GEN 

UOTHC 

OTHER 

DENY 

CffDBSISt?L 

YES 

- 

- 

- 

I 

- 

F1"' A93.09 

INDEX NUhlBEH 

A94.05 

HEARING DATE 

CASE NUMBER 

X 

X 

X 

X 

X 

I 

1  1 
1  2 
1  3 

EXHIBITS SUBMITTED TO THE BOARD 

. . . . . . . - 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

I 

1 

07 Dec 2005 
APPLICANT'S  ISSUE AND TXE BOARD'S DECISKlNAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00152 

I 

I 

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 

S I G N A T U ~ C O R D F R  

I SIGNATURE  OF BOARD  PRESIDENT 

T WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

I 

RY O F  THE AIR FORCE PERSONNEL  COUNCIL 

DISCHARGE REVIEW  BOARD 
AND DR.  EE WING. 3RD FLOOR 

ANDREWS AFB.  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

i 

i 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00152 

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. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 
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 does not contest his discharge.  He states that he made some bad decisions concerning his 
personal  life  of  which  both  he  and  his  family  paid  a  heavy  price.  The  records  indicated the  applicant 
received three Article 15s for writing bad  checks, being found drunk on duty, failure to go and DWI.  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 willful 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  thc 
procedural  and  substantive requirements  of  the  discharge regulation  and  was  within  the  discretion of  thc 
discharge authority and that the applicant was provided full administrative due process. 

I In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis fo 

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 TSGT) 

1.  MATTER  UNDER  REWIEW:  Appl rec'd a GEN Disch fr George AFB, CA on 23 Jun  92 
UP AFR 39-10, para 5-47a (Pattern of Misconduct -  Discreditable Involvement With 
Military Authorities).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 28 Nov 54.  Enlmt Age: 22 9/12.  Disch Age: 37 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-41,  G-50,  M-74. PAFSC: 45255 -  Tactical and ~lectrical 
Environmental Systems Specialist. DAS: 18 May 91. 

b.  Prior Sv:  (1) AFRes 20 Sep 77 -  20 Dec 77 (3 months 1 day)(Inactive). 

(2) Enlisted as AB 21 Dec 77 for 4 yrs.  Reenlisted as SrA 30 

Dec 80 for 6 yrs.  Svd: 8 yrs 1 month 6 days, all AMS.  AMN-(APR Indicates): 21 
Dec 77-23 Jun 78.  A1C-(APR Indicates): 23 Dec 78-22 Dec 79.  SrA -  1 Sep 80. 
Sgt -  1 Nov 81.  SSgt -  1 Apr 83.  APRs: 8,8,8,9,9,9,9,9,9,9. 

3 .   SERVICE  UNDER  REWIEW: 

a.  Reenlisted as SSgt 28 Jan 86 for 6 yrs.  Extended 27 Feb 90 for 21 

months.  Svd: 6 Yrs 4 Mo 26 Das, all AMS. 

b.  Grade Status:  A1C -  03 Apr 92 (Article 15, 03 Apr 92) 
SrA -  20 Mar 92 (Article 15, 20 Mar 92) 
SSgt -  06 Aug 90 (vacation of Article 15, 5 Nov 90) 
TSgt -  01 Dec 89 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 03 Apr 92, George AFB, CA -  Article 111.  You, did, on 
or about 14 Mar 92, on Nevada Street near the Temporary 
Lodging Facilities, operate a vehicle, to wit: a 
passenger car, while drunk with a blood alcohol content 
of .220 g/dl.  Reduction to A1C.  (No appeal) (No 
mitigation) 

(2) 20 Mar 92, George AFB, CA -  Article 112.  You, were, on 

or about 28 Feb 92, found drunk while on duty as an 
Electro-Environmental System Specialist.  Article 86. 
You, did, on or about 28 Feb 92, without authority, go 
from your appointed place of duty.  Reduction to SrA, 
and 7 days extra duty. (No appeal)  (NO mitigation) 

(3) 5 Nov 90, Vacation, Spangdahlem AB, Germany -  Article 

134.  In that you did, within the Federal Republic of 
Germany, on divers occasions from on or about 5 Aug 90 
to on or about 18 Aug 90, make and utter to the Bitburg 
AB Accounting and Finance Office, drafts numbered 556, 
558, and 560, for a total of one hundred fifty-seven 
dollars and fourty-four cents  ($157.44), more or less, 
for the purpose of obtaining lawful currency or other 
things of value, and did thereafter dishonorably fail to 
maintain sufficient funds in your account with the 
Service Federal Credit Union for payment of such drafts 
in full upon their presentment for payment.  Reduction 
to SSgt.  (No appeal) (No mitigation) 

(4) 6 Aug 90, Spangdalem AB, Germany -  Article 134.  In 

that you, being indebted to the German Bundespost in the 
sum of about DM 1442,03 for telephone fees, which amount 
became due and payable on or about 22 Jun 89, did, 
within the Federal Republic of Germany, from on or about 
22 Jun 89 to on or about 26 Jun 90, dishonorably fail to 
pay said debt.  Suspended reduction to SSgt.  Fourteen 
days extra duty. (,No appeal) (No mitigation) 

e.  Additional: LOR, 06 FEB 92 -  Failure to pay just debt. 

f.  CM:  None. 

g.  Record of SV: 12 Nov 85 -  11 Nov 86  Cannon AFB 
9  (Annual) 
12 Nov 86 -  16 Aug 87  Cannon AFB 
9  (CRO) 
17 Aug 87 -  01 Jun 88  Spangdahlem AB  9  (CRO) 
02 Jun 88 -  01 Jun 89  Spangdahlem AB  9  (Annual) 
02 Jun 89 -  01 Jun 90  Spangdahlem AB  3  (Annua1)REF 
02 Jun 90 -  29 Oct 91  George AFB 

5  (Annual) 

h.  Awards &  Decs:  NDSM, AFTR, AFGCM W/2 OLCS, AFOUA W/1 OLC, SAEMR, 

AFOSSTR, AFLSAR W/2 OLCS, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (14) Yrs  (9) Mos  (4) Das 
TAMS:  (14) Yrs (6) Mos  (3) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Apr 05 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

I spent 14 years 6 month ands days in the ZlnitedStatesPir Force and 
lbvedevery minute of it, unfortunate4 lbte in my career I made some 6ad 
decisions concerning my personal life of which 60th myseyandmy fami4 
paida heayy price. Since that time I have managedto straighten out my 
personalCife andcontinuedon in the civilian aviation iditry wore%  and 
supenrising ~vionics/!lkctricalshops doing modifrcatwn for 6ot h civilian 
andgovernment agencies. I thinka6out what it wouHhave been Like  to 
have complktedmy twenty or even more. When I readabout so&rs  hnying 
to diendour country, going as far as to tat@ d q s  to t@ep+om  6eing 
deplbyed  it sict@ns me, especialt when I'dhavegone if1 were a s k d  What 
~ ' m  
the fami4 a d a l w a y s  wiTi I have a daughter on active duty nght now 
U S f l  I don't want privilges or anything of the sort, i@t  want my 
d-ischarge paper wo&to  reflkt what I didon the jo6  an honora6lk job 
twenty fourseven for 14 years  6 month adthree days, never wavering 
never whining andnever in general t e r n .  Atjii. years of age I'dget up 
andgo at a moments notice i f  it were possi6lk!  Whateveryour decision I'll 
always 6lked6lue!!!fian& for taeng the time to readthis comespodence. 

trying to say is I lin,ekthe  military a n d l  stiEconnder myseya part  of 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 35th FIGHTER WING 

GEORGE AIR FORCE BASE, CA. 92394-5000 

REPLY TO 
A m O F :  

SUNEcT: 

35  AGS/CC 
L e t t e r   of  N o t i f i c a t i o n   - Board  Hearing 

15  Apr  92 

1. 

I  am recommending  your  discharge  from  t h e   United  S t a t e s   A i r   Force  f o r  

Misconduct  - D i s c r e d i t a b l e   Involvement  w i t h   M i l i t a r y   A u t h o r i t i e s ,  

according  t o  AFR  39-10,  under  t h e  p r o v i s i o n s   of  paragraph  5-47a.  Copies 
of  t h e   documents  t o  be  forwarded  t o  t h e   s e p a r a t i o n   a u t h o r i t y   t o   support 
t h i s   recommendation  a r e   attached. 

2.  My  reasons  f o r   t h i s   a c t i o n   a r e :  

a.  You  d i d ,   on  o r   about  14  Mar  92,  operate  a  v e h i c l e   while  drunk 

w i t h   a  blood  alcohol  content  of 
d a t e d   3  Apr  92. 

.220  g / d l ,   a s   evidenced  by  an  A r t i c l e   15 

b. 

YOU  were,  on  o r   about  28  Feb  92,. found  drunk  while  on  duty  a s   an 

Electro-Environmental  Systems  S p e c i a l i s t ,   f u r t h e r ,   you  did,  on  o r   about 
28  Feb  92,  without  a u t h o r i t y ,   go  from  your  appointed  p l a c e   of  duty,  a s  
evidenced  by  an  A r t i c l e   15  dated  20  Mar  92. 

c.  You  did,  on  o r  about  6  Feb  92,  f a i l  t o  pay  a  j u s t   debt  owed  by 
you  i n  t h e   amount  of  $503.15  t o  t h e   George  AFB  NCO  Club,  a s   evidenced  by 
a  L e t t e r   of  Reprimand  dated  6  Feb  92. 

i 

d.  You  did,  between  on  o r   about  5  Aug  90  and  18 Aug  90,  on  d i v e r s  

occasions  make  and  u t t e r   p e r s o n a l   checks  f o r   a  t o t a l   of  $157.44,  more  o r  
l e s s ,   f o r   t h e   purpose  of  o b t a i n i n g   l a w f u l   currency  o r   o t h e r   t h i n g s   of 
v a l u e   w i t h   i n s u f f i c i e n t   funds  i n  your  account  t o  cover  s a i d   checks,  a s  
evidenced  by  a  Record  of  Proceedings  oE  Vacation  of  Suspended  Nonjudicial 
Punishment  dated  20  Nov  90. 

e.  You  d i d ,   between  on  o r   about  22  Jun  89  and  26  Jun  90, 

dishonorably  f a i l  t o  pay  a  d e b t   owed  t o  t h e  German  Bundespost  i n  t h e   sum 
of  about  DM  1442,03  f o r   telephone  f e e s ,   a s  evidenced  by  an  A r t i c l e   457 
d a t e d   6  Aug  90. 

3.  This  a c t i o n   could  r e s u l t   i n  your  s e p a r a t i o n   with  a  Under  Other  Than 
Honorable  Conditions  discharge.  I  am  recommending  t h a t   you  r e c e i v e   an 
Under  Other  Than  Honorable  Conditions  discharge.  The  commander 
e x e r c i s i n g   SPCN  j u r i s d i c t i o n   o r   a  h i g h e r   a u t h o r i t y  w i l l  make  t h e   f i n a l  
I f   you  a r e   discharged,  you  w i l l  be  i n e l i g i b l e  
d e c i s i o n   i n  t h i s  matter. 
f o r   r e e n l i s t m e n t   i n  t h e   A i r  -Force. 

4.  You  have  t h e   r i g h t   t o :  

a.  Consult  l e g a l   counsel. 

b.  Present  your  case  t o  an  a d m i n i s t r a t i v e   discharge  board. 

c.  Be  represented  by  l e g a l   counsel  a t  a  board  hearing. 

d.  Submit  statements  i n  your  o h  behalf  i n  a d d i t i o n   t o ,   o r   i n  l i e u  

o f ,   t h e   board  hearing. 

e.  Waive  t h e   above  r i g h t s .   You  must  c o n s u l t   l e g a l   counsel  b e f o r e  

mak-kng  a  d e c i s i o n   t o  waive  any  of  your  r i g h t s .  

5.  You  w i l l   have  a  medical  examination  a t  t h e   USAF  ~ o s p i t a l ,  Physical 
Exam  Section  a t  0700  hours  on  16  Apr  92. 

I n s t e a d   of  t h e   appointed  counsel,  you  may  have 

6.  M i l i t a r y   l e g a l   counsel  has  been  obtained  t o  a s s i s t  you.  An 
appointment  has  been  scheduled  f o r   you  t o  c o n s u l t   him  a t  1600  hours  on 
Friday,  17  Apr  92. 
another,  i f   t h e   lawyer  you  r e q u e s t   i s  i n  t h e   a c t i v e   m i l i t a r y   s e r v i c e   and 
i s   reasonably  a v a i l a b l e   a s   determined  according  t o  AFR  111-1. 
a d d i t i o n   t o  m i l i t a r y   counsel,  you  have  t h e   r i g h t   t o  employ  c i v i l i a n  
counsel.  The  A i r  Force  does  n o t   pay  expenses  i n c i d e n t   t o  t h e   employment 
of  c i v i l i a n   counsel.  C i v i l i a n   counsel,  i f   employed,  must  be  r e a d i l y  
a v a i l a b l e .  

I n  

7.  Confer  with  your  counsel  and  r e p l y ,   i n  w r i t i n g  w i t h i n   seven  ( 7 )  
workdays  (24  Apr  92,  0900),  s p e c i f y i n g   t h e   r i g h t s   you  choose  t o  e x e r c i s e .  
The  statement  must  be  signed  i n   t h e   presence  of  your  counsel  who  a l s o  
w i l l  s i g n   it.  I f   you  waive  your  r i g h t   t o  a  h e a r i n g   b e f o r e   an 
a d m i n i s t r a t i v e   discharge  board,  you  may  submit  w r i t t e n   statements  i n  your 
own  behalf. 
t h e   c a s e   f i l e  t o  be  considered  w i t h   t h i s   recommendation. 
I f   you  f a i l   t o  
respond,  your  f a i l u r e  w i l l   c o n s t i t u t e   a  waiver  of  t h e  r i g h t   t o  t h e   board 
hearing. 

I w i l l  send  t h e   statements  t o  t h e   discharge  a u t h o r i t y  w i t h  

8.  Any  p e r s o n a l   information  you  f u r n i s h   i n  r e b u t t a l   is  covered  by  t h e  
Privacy  A c t   Statement  a s   explained  i n  AFR 39-10,  Attachment  6.  A  copy  of 
AFR  39-10  i s   a v a i l a b l e   f o r   your  u s e   i n  t h e  Unit  Orderly  ~oom. 

9 -   Execute  t h e   a t t a c h e d   acknowledgment  and  r e t u r n   it t o  me  immediately. 

1 Atch 
Supporting  documents  f o r   reasons 
f o r   discharge