r7 r  n n w  r \ c   f r n w l r u  n f l c n n n c u  It  A F T  F I R S T  Mlnn1.K INITIAI,) 

GRADE 

AIR FORCE DISCIIARGE REVIEW BOARD HEARlNG RECORD 

. . . . - - , - . 

-- 

TYPE  CiEN 
,,':  :cbessc  .  NAME OF COUNSEL AND OR ORGAN1UTlON 
YES 

PERSONAL APPEARANCE 

. 

-A, 

~ 

No 
X 

MEMBER SITTING 

ISSUES  A93.11 
A92.01 
A93.07 
A93.09 

INDEX NUnlBER 

A67.10 

13 Feb 2006 r-'- 

APPIICANTS SSUe AND THF  BOARD'S DEClSIONAL RATIONAL ARE  DISCUSSED ON T i i t  ATTAC HED AIR 6ORCE DISCHARGE REVIEW  B O W  DECISIONALRATlONALE 

FD-2005-00321 

HEARING DATE 

CASE NUMBER 

I 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to 
submit an application to the MBCMR. 

Names and votes will be made available to the applicant at the applicant's request. 

I  +  Change  RE Code 

SAFhIRBR 
550 C STREET WEST, SUITE 40 
RAN W L P H  AFB, TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DQ  t E  HINC, 3RD FLOOR 
,WDREWS  AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(FF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOAIW DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00321 

GENERAL: 
authority for the discharge, and to change the reenlistment code. 

'The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 

'I'he applicant was offered a personal  appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

'I'he attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  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. 

ISSUES:. 

1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15, two 1,etters of Reprimand, and a civilian court conviction for misconduct. 
'The misconduct included disobeying a lawful order by having contact with a woman not his wife, making 
unauthorized non-official purchases on his government travel card in the amount of $2896.00, a civilian 
court conviction for false reporting, failure to provide adequate support for his wife and children, and 
involvement in inappropriate relationships with the spouses of other squadron members.  The DRB opined 
that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  The Board discussed the financial and family problems that the applicant stated he was having at 
the time of his discharge. 'The  Board concludcd the misconduct was a significant departure from conduct 
expected of all military members.  The characterization ofthe discharge received by the applicant was found 
to be appropriate. 

2.  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 and other 
accomplishments.  The Board iound the seriousness of the willful misconduct offset any positive aspects of 
the applicant's duty performance.  'I'he  DRB concluded thc discharge was appropriate for the reasons which 
were the basis for this case. 

3.  'The  DRB recognized the fact that the applicant had served twelve years total service before the discharge 
was initiated, but concluded the applicant's misconduct outweighed the positive aspects of his time in the 
Air Force.  The Board noted the applicant was entitled to request an administrative discharge board, but 
waived this right. 

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. 

Tn  view of the foregoing findings the Board  further concludes that there exists no legal or equitable basis for 
upgradc 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 SSGT)  (HGH SSGT) 

1.  MATTER UNDER REVXEW:  Appl rec'd  a GEN Disch fr Charleston AFB, SC on 1 7   Sep 
04 UP  AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 6  Dec 7 1 .   Enlmt Age: 19 7/12.  Disch Age:  32 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-35,  E-50,  G - 4 8 ,   M-60.  PAFSC: 2T370 -  Special Purpose Vehicle & 
Equipment Maintenance Journeyman. DAS: 9 Jan 03. 

b.  Prior Sv: (I) AFRes 30 Jul 91 -  11 Nov 91 (3 months 13 days) (~nactive) 

(2) Enlisted as AB  12 Nov 91 for 4 yrs.  Extended 20 Oct  93 
for 14 months.  Reenlisted as SrA 9 Nov 95 for 6 yrs.  Extended 28 Feb 00 for 2 
months.  Svd: 9 yrs 11 months 23 days, all AMS.  AMN -  12 May 9 2 .   A1C  -  12 Mar 
9 3 .   SrA -  12 May 94.  SSgt -  4 May 9 8 .   EPRs: 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 , 5 .  

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 5 Nov 01 for 6 yrs. Svd: 02 Yrs 1 0   Mo 12 Das, of 

which IlMS  is 02 yrs 10 months 9 days  (exludes 3 days lost time). 

b.  Grade Status:  None. 

c .   Time Lost:  26 Feb 04 thru 2 9   Feb  04  ( 3   days) 

d.  Art  15's:  (1) 5 Apr 04, Charleston AFB, S C   -  Article 92. ,--You,--having 

'  or words to that effect, an order which it was 

1 

same by --------- 

L - - - - - - - - - - - -  8 
I  to wit: do not have any contact with Ms. :::::::I:: 

wrongfully driving onto Charleston AFB 
:as your passenger.  You, who knew 

knowledge of a lawful order issued by MSgt: 
,-----------. 
1--- - - -  - - -  ,- - , I  
L --------: 
your duty to obey, did, on or about 7 Mar 04, fail to 
obey the , - - - - - - - - - -  
with Ms. 1 - - - - - - - - - - - - - - - - - - - - ,  
or should have known of your duties within the 
continental United States, on divers occasions between 
on or about 10 Jan 04 and on or about 26 Feb 04, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from using your Bank of 
America Government Travel Card for non-official expenses 
by making unauthorized purchases in the amount of 
$2896.00, as it was your duty to do.  Suspended 
reduction to SrA (Remitted on 17 May 04).  Suspended 
forfeiture of $500.00 pay per month for two months 

(Remitted on 17 May 04). Reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: 09 JUL 04 -  Civil Court Conviction for False Reporting. 

LOR, 18 NOV 03 -  Failure to provide adequate financial 

LOR, 30 DEC 02 -  Involved in inappropriate relationships 

support for your wife and children. 

f .  CM:  None 

g.  Record of SV: 9 Aug 01 -  8 Aug  02  Offutt AFB 

9 Aug 02 -  8 Aug 03  Kunsan AB 
9 Aug 03 -  8 Aug 04  Charleston AFB  1  (Annua1)REF 

4  (Annual) 
5  (Annual) 

h.  Awards &  Decs:  AFAM, AFCM, AFEM, NCOPMER, SAEMR, NDSM W/1 OLC, 

AFOSLTR, AFSM, AFTR, AFLSA W / 2   OLCS, AFOSSTR, NATOM, AFOUA ~ / 4  OLCS, AFGCM ~
OLCS . 

/

3

 

i.  Stmt of Sv:  TMS:  ( 1 3 )   Yrs  (01) Mos  (15) Das 
TAMS:  (12) Yrs  (10) Mos  (03) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Jun 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 

I requested my discharge from the Air Force after serving twelve years, ten 

months. At time of my request I was going through a divorce, My soon to be ex-spouse 
during that time was calling my First Sgt and talking me down. She also got a First Sgt 
involved from the base I PCSed fiom who conta~ted my gaining base, giving them false 
info and creating problems for me before I even arrived. I had to take extra leave, which 
put me in the negative balance due to my spouse's unwillingness to move out of base 
housing so I could clear it. She had also gotten a credit card in my name while I was gone 
in Korea. Just before I left, we had filed bankruptcy to help clear our debts, The final 
blow was when the Nebraska court system awarded her more than seventy percent of my 
pay, to include BAS, and BAH for chld support. I already had a previous order to pay 
five hundred and eighty in child support from a previous marriage. I was not making 
enough to survive, so instead of getting kicked out for financial irresponsibility I asked 
for a discharge. 

My records would show that I was a model Airman. Sra below the zone, SSgt 
before six years, and all five EPR ratings until I asked for my divorce. After asking my 
spouse for the divorce, she proceeded to harass my chain of command to get back at me 
because she did not want the divorce. None of her complaints could be backed up. I was 
told the Air Force had to do something to appear like they had done their part for her. I 
was given a one rating on my last EPR and told a career change would be good. Basically 
I was told in other words that things would not get better. That my career was over, or at 
least I was lead to ,believe it was. 

In closing I would like to say that I never really wanted to get out for the Air 

Force. It was just suggested that my career was looking grim. I loved my job and I 
wanted to further myself in it. I would like my discharge to be up graded to honorable 
and the code also changed. I don't need any other DOD beifits but medical. I have 
learned that the code plays a big part in things. Such as unemployment, job prospects, etc. 
I would like a 1-A code. I would like a sincere look over my records for my whole career. 
This will in itself justify my request for the change. Thank you for your time. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 437TH AIRLIFT WING (AMC) 

F ~ J Z ~ S - O O  321 

IVEMORANDUM FOR  SSGT 

FROM:  437 LRS/CC 

SUBJECT:  Notification Memorandum --Board Hearing 

AUG 1 3 2004 

1,437 LRS 

1.  I am recommending your discharge from the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32, Militmy Retirements and 
Separations, and AFI 36-3208, Administrative Separation  of Airmen, paragraph 5 49.  Copies of 
the documents to be forwarded to the separation authority to support this recommendation are 
attached. 

2.  My reasons for thus action are: 

a.  On or about 16 Feb 04, you gave false testimony in a civilian court proceeding.  For this 

misconduct, you were convicted by the District Court of Sarpy County, Nebraska of False 
Reporting, dated 9 Jul04 (Attachment 1); 

b.  On or about 7 Mar 04, you failed to obey a direct order from your First Sergeant, MSgt 

Charleston Air Force Base, SC with Ms. 
misconduct, you received an Article 15, dated 8 Apr 04 (Attachment 2); 

as your passenger.  For thls 

, by wronghlly having contact with Ms. 

when you drove onto 

c.  On or about 1 Nov 03 to about 14 Nov 03, you failed to provide adequate financial 

support to your wife and children.  For this misconduct, you received a Letter of Reprimand, 
dated  18 Nov 03.  In addition, this was placed in your existing Unfavorable Information File, 
dated 21 Nov 03 (Attachment 3);  and 

d.  Prior to 30 Dec 02, you were involved in inappropriate relationships with female spouses 
of others in your squadron, that were not your wife.  For this misconduct, you received a Letter 
of Reprimand, dated 30 Dec 02  In addition, an Unfavorable Information File was created and 
this Letter of Reprimand was placed in it (Attachment 4). 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) Discharge.  I am recommending that you receive an Under Honorable Conditions 
(General) 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 and any special pay, bonus, or education assistance hnds may  be 
subjected to recoupment. 

AMC-GLOBAL  REACH FOR AMERICA 

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 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 437th Medical 
Group, Hill Blvd, on /5 Aug 04, at  /300  hours. 

6.  You have been scheduled for a Transition Assistance Briefing at the Family Support Center, 
Bldg 255, on 17 Aug 04, at  ZOO0  hours. 

7.  You have been scheduled for a separation briefing at Personnel Relocations, Bldg 503, on 
/b Aug 04, at  0 9 

hours. 

8.  You have the right to consult counsel.  Military legal -------------------. 
I have made an a  p  'grnent 

*P %L& hours.  Instead of the appointed counsel,  you may have 

ou to consult Captain j 

jat  Bldg 503, on 

/b J&/+LG 

0'1 

, at0 

counsel has been obtained to assist you. 

L - - - - - - - - - - - - - - - - - - -  

another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI  5 1-20 1, Administration of Mililary Justice.  In addition to military 
counsel, you have the right to employ civilian counsel.  The Military Component does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must be 
readily available. 

9.  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 may 
submit written statements in your 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. 

10.  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 at the unit orderly room.. 

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

12.  If you received advanced educational assistance,  special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

~&-5--&3.632 1 

FD - 

Commander 

~ i

j

 USAF 
,

Attachments: 
1.  Civilian Court Conviction, dated 9 Jul04 
2.  Article 15, dated 8 Apr 04 
3.  LOR, dated 18 Nov 03 wlatch 
4.  LOR, dated 21 Nov 03 wlatch 
5.  Receipt of Notification Memorandum