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I NAME OX SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

I  AFSNISSAN 

INDEX NUMBER 

A66.00 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  I  ORDER APPOINTING  'I'HE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  1,ETTER OF NWIFICATION 
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BRIEF OF PERSONNEL PILE 
COUNSEL'S  RE1,EASE TO I Ht BOARD 
ADDITIONAL EXHIBITS SUBMITTEL) A'T  TIME OF 
PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

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TAPE RECORDING OF PERSONAL APPEARANCE 

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APPLICkWS tS8UE AWD THE B O ~ D E C I S ~ O N & R A T I O N A Z .  AREDISCUSSED ON THE ATTACHED AIR I'ORCE PISCHARGt. REVIEW BOARD OECISKQNAL RATiONALt 

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 
1  submit at1 application to the AFBCMR 
I  Names and votes will be made available to the applicant at the applicant's  request. 
*  Reason and Authority 

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

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AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

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-" -  - 
SECRETARY OF TllE AIR  kORCE PERSONNFI. ('OIJNLIL 
AIR  E'ORCL DISCHARGE REVIEW BOARD 
153s COMMAND DR. EE WING, 3RD   LO OR 
ANDREWS AFB, MD 20762-7UUZ 

DATE:  7/11/2006 

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Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2005-00344 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  general  and  to  change  the  reason  and 
authority for the discharge. 

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 and change of reason and authority for discharge 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.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant had a General Court Martial Trial for misconduct in which he was found guilty on six 
Specifications.  Specifications 1-4, he was found guilty of orally communicating to females certain indecent 
language; and Specifications 5 and 6, he was found guilty of wrongfully communicating a threat.  He was 
sentenced to forfeiture of $500.00 pay for three months.  The DRB 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. 

Issue 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, 
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. 

Issue 3.  The DRB was pleased to see that the applicant was doing well.  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. 

If applicant can provide additional documented information to substantiate an issue, he should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity, copies of discharge documentation provided to applicant upon separation, and any 
exemplary post-service accomplishments as well as any contributions to the community.  Applicant must 
exercise his right to make a personal appearance before the Board no later than November  1,2006. 

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 CAPT)  (HGH CAPT) 

MISSING DISCHARGE DOCUMENTS &  SMR 

1,  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr USAF Malmstrom AFB, MT on 7 
Sep 90 UP AFR 36-12 (Misconduct -  Moral or Professional Dereliction: Sexual 
Perversion).  Appeals for General and to Change the Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Aug 52.  Enlmt Age: 20 5/12.  Disch Age: 37 1/12. Educ: Bachelor 

Degree.  AFQT: Unknown.  PAFSC: 3124 - Missile Maintenance Officer. DAS: (OER 
Indicates): 15 Aug 86-20 Mar 87.. 

b.  Prior S v :   (1) AFRes 1 Feb 73 -  7 Mar 73  (1 month 7 days) (Inactive) . 

(2) Enlisted as AB 8 Mar  7 3   f o r   4  yrs.  Extended 2 Nov  76 f o r  

20 months.  Reenlisted as SSgt 11 Jul 78 for 4 yrs.  Svd: 8 yrs 10 months 20 
days, all AMS.  A m  -  Unknown.  A1C-(APR Indicates): 8 Mar 73-8 Mar 74.  Sgt -  1 
Dec 7 5 .   SSgt -  1 Dec 77.  APRs: 9,9,9,9,9,9,9,9,9,9. 

3.  SERVICE UNDER REVIEW: 

a.  Appointed to 2Lt and Ordered to EAD on 9 Jan 82. Svd: 08 Yrs 07 Mo 10 

Das, all AMS. 

b.  Grade Status:  Capt -  29 Jan 86 
1Lt -  29 Jan 84 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: AF 286A, 10 Aug 89 -  Permanent Decertification from PRP. 

f.  CM:  General Court Martial Order No.62 -  13 Mar 90 

CHARGE:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification 1:  Did, at divers times between on or about 15 Jun 
88 and on or about 16 May 89, orally communicate to a female 
certain indecent language.  Plea:  Guilty.  Finding:  Guilty. 

Specification 2:  Did, at divers times between on or about 1 Mar 
89 and on or about 20 May 89, orally communicate to a female 
certain indecent language,  Plea:  Guilty,  Finding:  Guilty. 

Specification 3:  Did, at divers times between on or about 17 Mar 
8 9   and on or about 16 May 89,  orally communicate to a female 
certain indecent language.  Plea:  Guilty.  Finding:  Guilty. 

Specification 4:  Did, at divers times between on or about 1 Feb 
89 and on or about 16 May 89, orally communicate to a female 
certain indecent language.  Plea:  Guilty.  Finding:  Guilty. 

Specification 5:  Did, on or about 14 Jan 89, wrongfully 
wrongfully communicate a threat.  Plea:  Guilty.  Finding: 
Guilty. 

Specification 6:  Did, on or about 21 Jan 89,  wrongfully 
wrongfully communicate a threat.  Plea:  Guilty.  Finding: 
Guilty.  Sentence adjudged on 14 Feb 90:  Forfeiture of $500.00 
pay per month for 3 months. 

g.  Record of SV: 09 Jun 82 -  03 Apr 83 
04 Apr 83  -  24 Oct 83 
2 5   Oct 83 -  24 Apr 84 
25 Apr 84 -  10 Jan 85 
11 Jan 85  -  1 9   Jun 85 
1 5   Aug 86 -  20 Mar 87 
10 Oct 87 -  09 Oct 88 
10 Oct 88  -  06 Dec 89 

McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 
McConnell AFB 
Malmstrom AFB 
Malmstrom AFB 
Malmstrom AFB 

01  (Semiannual) 
01  (Semiannual) 
01  (Semiannual) 
01  (Semiannual) 
01  (CRO) 
0 1   (CRO) 
MS  (~nnual) 
DNMS  (Annual ) REF 

h.  Awards &  Decs:  CRM, SAEMR, AFTR, NCOPMER, AFLSAR W/3 DEV, AFOSLTR, 

NDSM, AFGCM W/1 OLC, AFOUA W/1 DEV, AFCM W/1 OLC. 

i.  Stmt of Sv:  TMS:  (17) Yrs  (07) Mos  (07) Das 
TAMS:  (17) Yrs  (06) Mos  (00) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 24 Aug 05. 

(Change Discharge to General and the Change the Reason and Authority for 

Discharge) 

Issue 1:  Character of discharge is inequitable because at  "show cause" 

notification I was offered a general under honorable condition discharge in lieu 
oE an administrative board.  The board had no option to grant a general u n d e ~  
honorable condition discharge without severance pay only honorable or under 
other than honorable. 

Issue 2:  Character of discharge is inequitable because it is too harsh in 
accurately reflecting the overall quality of service.  While not condoning the 
misconduct of alcoholic behavior, all other aspects of service before, during, 
and after the misconduct were outstanding.  Other than that period of off duty 
misconduct, no other adverse action was ever taken. 

Issue 3:  The reason for discharge should be changed to Secretarial 

Authority because the correct underlining reason was alcoholism as evidenced by 
the medical record diagnosis, the Social Actions alcohol treatment completion, 
and complete absence of any adverse incidents since then and up to now with 15 
years of abstinence. 

ATCH 
None,