AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
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TYPE GEN K-[r PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

'OUNSEL 

- -'IITIAL) 

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GRADE 

AMN 

I 

I 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION O F  COUNSEL 

I 

I 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

DENY 

I 

I 

I 

I 

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ISSUES  A94.05 
A93.09 

INDEX  NUMBER 

A67.90 

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1 I 

, i  

EXHIBITS SUBMITTED TO TWE BOARD 

ORDER  APPOINTWG THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 
1 

1  HEARING DATE 
29 Dee 2005 
APPLICANT'S  ISSUE AND THEBOARD'S  DECISIONAL  RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

1  CASENUMBER 
1  FD-2005-00214 

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. 

I 

I  slGNATURE o-nnnr- 

I , INDORSEMENT 

SAFMRBR  1 SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 

AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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

DATE:  12/29/2005 

n v  a n a ~ n  P D F C ~ ~ F A T  

I E.~-w*-F 

FROM: 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUhlBER 

FD-2005-00214 

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. 

7 Ihe 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 and a Vacation  action under the UCMJ for making a false official statement, writing bad 
checks, and wrongfully leaving the scene of an accident.  In addition, he received two Letters of Reprimand, one Letter 
of Counseling and one Memorandum for Record for various acts of misconduct to include financial irresponsibility, 
dereliction of duty, being late for duty and falsifying an official government document.  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.  The applicant 
also submitted his post-service activities.  The DRB was pleased to see that the applicant was doing well and has a 
good job.  However, no inequity or impropriety  in his discharge was suggested  or found in the course of the hearing. 
The Board concluded the misconduct  of the applicant appropriately characterized  his term of service.  The applicant 
cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant 
applied  for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable 
discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these 
benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an 
upgrade.  Finally, the applicant stated that he was told his discharge would be automatically upgraded after 6 months. 
The DRB noted the issue was common, the result of miscommunication.  While a discharge may be  upgraded after six 
months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can 
establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board 
denied the appeal. 

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 AMN)  (HGH SRA) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Tinker AFB, OK on 05 Sep 99 
UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and ~iscipline) .  ~ppeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 NQV 74.  Enlmt Age: 17 8/12.  Disch Age: 24 9/12. Educ: HS DIPL 

AFQT: N/A.  A-82,  E-69,  G-70,  M-76. PAFSC: 3N052 -  Radio and Television 
Broadcasting Journeyman. DAS: 22 Nov 96. 

b.  prior Sv: (1) AFRes 29 Jul 92 -  01 Dec 92 (4 months 3 days) (Inactive). 

for 1 month.  Svd: 3 yrs 1 month 19 days, all AMS.  AMN -  02 Jun 93.  A1C -  02 
Apr 94.  SrA -  02 Dec 95.  EPRs: 4,5,5. 

(2) Enlisted as AB 02 Dec 92 for 4 yrs.  Extended 04 Aug 94 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 22 Jan 96 for 4 yrs. Svd: 03 Yrs 07 Mo 14 Das, all 

AMS . 

b.  Grade Status:  Amn  -  23 Jun 99  (Article 15, 23 Jun 99) 

A1C -  04 Jun 99  (Vacation of Article 15, 04 Jun 99) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Jun 99, SHAPE, Belguim -  Article 134.  You, were, 
the driver of a vehicle at the time of an accident in 
which said vehicle was involved, and having knowledge of 
said accident, did, at or near Mons, Belgium, on or 
about 18 Oct 98, wrongfully leave the scene of the 
accident without making your identity known.  Reduction 
to Airman, and restriction to the limits of SHAPE 
compound, Mons, Belgium for 60 days. (No appeal)  (No 
mitigation) 

(2) 04 Jun 99, Vacation, SHAPE, Belguim -  Article 134.  You 

did, at Shape, Belgium, on divers occasions between on 
or about 5 Feb 99 to on or about 12 Mar 99, make and 
utter to Benelux Finance Office, Disbursing Office 
certain checks, in words and figures as follows, to wit: 
nine hundred twenty five dollars, in US currency, for 
the purpose of cashing six personel checks, and did 
thereafter dishonorably fail to maintain sufficient 

funds in the Navy Federal Credit Union for payment of 
such checks in full upon its presentment  for payment. 
Reduction to AlC.  (No appeal) (No mitigation) 

(3) 14 Dec 98, SHAPE, Belguim -  Article 107.  You, did, at 

Shape, Belgium, on or about 21 Sep 98, with intent to 
deceive, make to the Financial Management Office, an 
official statement, to wit: by signing the 
Remission/Waiver Application Form stating you were "not 
aware of debt," which statement was totally false, and 
was then known by you to be so false.  Suspended 
reduction to A1C.  Forfeiture of $615.00 pay per month 
for 2 months, and a reprimand. (No appeal) (No 
mitigation) 

e.  Additional: LOR, 06 OCT 97 -  Late for duty and falsifying an official 

government document. 

LOR, 06 OCT 97 -  Financial irresponsibility. 
MFR, Undated -  Dereliction of duty. 
LOC, 05 MAY 97 -  Financial irresponsibility. 

f  .  CM:  None. 

g.  Record of SV: 31 Oct 95 -  07 Jun 96  Incirlik AB  5  (CRO) 

07 Jun 96 -  06 Jun 97  SHAPE  3  (Annual) 
08 Jun 97 -  07 Jun 98  SHAPE  2  (Annua1)REF 
08 Jun 98 -  07 Jun 99  SHAPE  2  (Annual) REF 

h.  Awards &  Decs:  AFCM, AFAM, AFOUA W/3 OLCS, AFGCM W/1 OLC, SWASM W/1 

SS, AFOSSTR W/1 OLC, AFOSLTR, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS: (07) Yrs  (01) Mos  (08) Das 
TAMS:  (06) Yrs  (09) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 May 05. 

(Change Discharge to Honorable) 

Issue 1:  I feel I was unjustly discharged and my military career was full 

of positive accomplishments.  I had agreed to a General discharge only after 
being told the discharge would be upgraded to honorable after 6 months.  The 
information I was given was incorrect, and since my discharge, I have been an 
outstanding citizen, having used my experience from the Air Force to work for 
various television news stations in Las Vegas and Boston.  I transferred to 
Public Relations a year ago, and have quickly moved into management at one of 
the largest PR firms in Las Vegas.  I achieved a lot of things during my time in 
the military, and although my discharge doesn't full show it, I fulfilled my 
duty and served my country to the best of my ability.  Aside from some minor 
incidents, I had a stellar career, and now I am trying to use my GI Bill to 
better myself.  I respectfully request a change to Honorable so that I may take 
advantage of the benefits that I paid into. 

ATCH 
1. DD Form 214  (Member-4). 

MEMORANDUM FOR -J 
AFNEWS 

FROM:  DET 1, AFNEWS/CC 

DET  1, 

SUBJECT:  Notification Letter - Board Hearing 

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 AFPD  36-32 and AFI  36-3208, under the provisions of   section^, 
paragraph 5.50.2.  Copies of  the documents to be forwarded to the separation 
authority to support this recommendation are attached. 

2.  My  reasons for this action are that: 

a. You, were, the driver of  a vehicle a t  the time of  an accident in which said 
vehicle was involved, and having said accident, did, at or near Mons, Belgium, 
on or about 18 October  1998, wrongfully leave the scene of  the accident 
without making your identity known. For this action, you received nonjudicial 
punishment under Article  15, UCMJ on 23 J u n  99.  This Article  15mas filed in 
a UIF on 28 J u n  99 (Atch la). 

b.  You, did, a t  Shape, Belgium, on diverse occasions between on or about 5 

- 

Feb 99 to on or about 12 Mar 99, make and utter to Benelux Finance Office, 
Disbursing Office certain checks, in words and figures as follows, to wit:  nine 
hundred twenty five dollars, in United  States currency, for the purpose of 
cashing six personal checks, and thereafter dishonorably fail to maintain 
sufficient funds i'n  the Navy Federal Credit Union for payment of  such checks 
in full upon presentment for payment.  For this action, you received a vacation 
of your suspended punishment under Article  15, UCMJ on 4 J u n  99 (Atch lb). 

c.  You, did, a t  Shape, Belgium, .. 
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your appointed place of  duty, to wit:  AFN  Shape, Belgium and you, did,' on or  ' 
about 27 August  1997, fail to obey a lawful general regulation, to wit DoD 
regulation 5 120.20-R.  For these actions you received an LOR  dated 6 Oct 97 
(Atch Id). 

e.  You, did, at Shape, Belgium, on diverse occasions between on or about 
25 Feb 97 to on or about 6 Oct 97, make and utter to Benelux Finance Office, 
Disbursing Office certain checks, in words and figures as follows, to wit:  two 
thousand dollars, in  United  States currency, for the purpose of  cashing four 
personal checks, and thereafter dishonorably fail to maintain sufficient funds - 
in the Navy Federal Credit Union for payment of  such checks in full upon 
presentment for payment.  For this action, you received a n  LOR  dated 6 Oct 9 7  
(Atch le). 

f.  You, did, at Shape Belgium, on or about 2 May 97, being in debit to Hertz 

Rental Car, dishonorably failed to pay said debt and you, did, make and utter 
to Benelux Finance Office, Disbursing Office certain checks, in words and 
figures for United States currency, for the purpose of  cashing personal checks, 
and thereafter dishonorably fail to maintain sufficient funds in the Navy 
Federal Credit Union for payment of  such checks in full upon presentment for 
payment.  For this action, you received a LOC  dated 5 May 9 7  [Atch If). 

3.  This action could result in your separation with a n  under other than 
honorable conditions (UOTHC) discharge.  I am recommending that you receive 
a n  under other than honorable conditions discharge.  The commander 
exercising Special Court-Martial 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 United  States Air  Force and will probably be denied 
enlistment in any component of  the armed forces.  Additionally, any special 
pay, bonus, or education assistance funds you have received may be subject to 
recoupment. 

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. 

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5.  You  have previously been scheduled for a medical examination. 

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6.  Military legal counsel, ~a~q-1, 
located at Spangdahlem Air Base, Germany, DSN 452-6174, has been obtained 
to assist y 

Area Defense Counsel, 

nt has been scheduled for you to consult Capt 
. Instead of  the appointed counsel, you may have 

Jul 99 at 

another if  the lawyer you request is in the active military service and is 
reasonably available a s  determined according to AFI  5 1-20 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 
counsel, if  employed, must be readily .available. The Area Defense Counsel 
requests you pick-up the Administrative Discharge Booklet one-day prior to 
your appointment. 

7.  Confer with your counsel and reply, in writing to me, within 7 workdays 
from this date, specifying the rights you choose to exercise as noted in 
paragraph four by  completing one of  the election statements I will give you. 
The statements I will give you must be signed in the presence of  your counsel 
who will also sign acknowledging your decision.  If you waive your right to  a 
hearing before an administrative discharge board, you may submit written 
statements on 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. Any personal information you furnish in rebuttal is covered by the Privacy 
Act  of  1974.  A  copy of  AFI  36-3208 is available for your use in the orderly 
room. 

/ 

9.  If  you request a board and you fail to appear without good cause, your 
failure to appear constitutes a waiver of your right to be present at the hearing. 

10.  Execute the attached acknowledgment and return it to me immediately. 

- 

Attachments: 
1.  Supporting' Documents 

p 

a.  AF Form 3070, Record &jNonjudicial  Punishdent Proceedings (NJP) 

23Jun 99 and A F  Form 1058 dated 28 J u n  99 

b.  AF Form 366, Record of  Proceedings of  Suspended NJP, 4 J u n  99 

1  c.  AF  Form 3070, Record of  Nonjudicial Punishment Proceedings, 4 Dec 98 

and AF Form  1058 dated 29 Jan 99 

d.  LOR, 6 Oct 97 
e.  LOR,. 6 Oct 97 
f.  DA  Form 4856, General Counseling Form, 5 May 97 

2.  0 ther Derogatory Information 

. 

a.  Finance Returned Check Notice, 23 Apr 99 
b. Finance Returned Check Notice,  14 Apr 99 
c.  Notification of  Indebtedness, 8 Jun 98 
d. Finance Returned Check Notice,  17 Aug 97 
e.  Memo for Record (MFR), 30 Jul96 
f.  MFR, undated 

3.  Airman's Acknowledgment