AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

. - 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

------------------- 
TYPE  GEN 
CauN~EL 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZAl ION 

YES 

No 

X 

MEMBER SITTlNG 

GRADE 

C APT 

--------------- 

r.............: 

X 

RECORD REVIEW 

ADI)HESS ANU OR ORGANIZATION OF COUNSEL 

.. -- -- 

I 

GEN 

HON 

VOTE OF THE BOARD 

, 

I  UO'I.1 IC 

0'I.I IER 

I 

DENY 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

ISSUES 

A92.22 

HEARING DATE 

28 Sep 2006 
APPLICAWS 

INDEX NUMBRU 

A67.30 

1 

I 

1 
2 
3 
4 

ORDER APPOINTING  THE BOARD 
APP1,lCATTON  FOlZ REVIEW OF IIISCIIARGE 
LETTER OF NOTIFICATION 
BMEF OF PERSONNEL FILE 
COIJNSEL'S REI.EASE  TO TIIE BOARD 
ADDITIONAL EXHIBITS SIJBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE mCORDING OF PERSONAL APPFARANCF  HF, 

CASE NUMBER 

I  FD-2005-00380 

I 

ISSUE AND THE BOARDT%ECISIO?.IAL RATIOPAL ARE DISCUSSED ON THE ATTAWED AIR FORCE DISCHARGE REVEM' BOARD DECISIONAL RATIONALE 

I 

I 

I  Case heard in 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 
1  Names and votes will be made available to the applicant at the applicant's  request. 

1  -t CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 

I ' 

TO: 

......................................................................... 

INDORSEMENT 

VHOM: 

SAFIMRBR 
550 C STREET WEST, SUI'I'E 40 
RANDOLPH AFB, TX 78150-4742 

................................ 

DATE:  10t2t2006 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND UR, EE WING, 3HD FLOOR 
ANDREWS AFR. Mn 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NUMBER 

FD-2005-00380 

GENERAL:  The applicant appeals for upgrade of discharge to honorable 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:  The Board grants the requested relief. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify  upgrade of the discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the applicant's discharge was too harsh considering the circumstances 
surrounding his misconduct and the significant positive aspects of his military service. 

ISSUE: 

Applicant contends his discharge was inequitable because it was too harsh and that each instance of non- 
judicial punishment had very different mitigating circumstances surrounding the misuse.  The applicant 
appealed for an upgrade of his discharge for the purpose of joining the Air National Guard to fly F- 16's. 
The records indicated the applicant received two Article  15's for misconduct.  The misconduct was for 
misuse of the Bank of America Government Travel Card (GTC).  Specifically, the applicant received an 
Article 15 for misuse of his GTC in October 2002.  He received another Article  15 in April 2004 for failing 
to prevent his wife from using his GTC.  The Board noted the applicant's outstanding performance reports, 
decorations and accomplishments while in the Air Force.  The Board also noted the applicant's distinguished 
service record that includes combat operations in support of Operations SOUTHERN WATCH and 
ENDURING FREEDOM.  When considering the totality of the applicant's service, to include the special 
circumstances surrounding his misconduct, the Board believed that the applicant's military service is best 
characterized as Honorable. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more accurately described as Secretarial authority.  The applicant should be given the opportunity to re-enter 
military service under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former CAPT)  (HGH CAPT) 

MISSING MILITARY  PERSONNEL RECORDS 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McGuire AFB, NJ on 31 
Mar 05 UP AFI 36-3206, Chapter 3, para 3.6.4 (Serious or Recurring Misconduct). 
Appeals for Honorable Discharge, and to Change the Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Jan 74.  Enlmt Age: 22 4/12.  Disch Age: 31 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-N/A,  E-N/A,  G-N/A,  M-N/A. PAFSC: llF3U -  Fighter Pilot. 
DAS: 23 Feb 02. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Appointed to 2Lt &  Ordered to EAD on 29 May 96. Svd: 08 Yrs 10 Mo 02 

Das, all AMS. 

b.  Grade Status:  Capt -  29 May 00 

1Lt -  29 May 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Apr 04, McGuire AFB, NJ  -  Article 92.  You, who knew 

of your duties at or near Fort Drum, NY, between on or 
about 7 Oct 03 and on or about 4 Jan 04, were derelict 
in the performance of those duties in that you 
negligently failed to prevent unauthorized use of your 
government travel card by your spouse, as it was your 
duty to do.  Suspended forfeiture of $2,110.00 pay per 
month for 2  months.  Reprimand.  (No appeal) (No 
mitigation) 

(2) 18 Oct 02, McGuire AFB, NJ  -  Article 92.  You,  who knew 

of your duties, at or near Watertown, NY, on divers 
occasions between on or about 4 Jul 02 and on or about 
12 Jul 02, were derelict in the performance of those 
duties in that you willfully failed to use your Bank of 
America Government Visa card for official U.S. 
Government use only, as it was your duty to do. 
Suspended forfeiture of $1,000.00 pay per month for 2 
months.  Reprimand.  (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 29 May 96 -  28 Jan 97  USAF Academy  YE  (CRO) 

10 Feb 99 -  09 Feb 00  Misawa AB 
YE  (Annual) 
10 Feb 00 -  09 Feb 01  Misawa AB 
YE  (Annual) 
10 Feb 01 -  09 Feb 02  Misawa AB 
YE  iAnnual) 
10 Feb 02 -  09 Feb 03  Ft Drum AIN  YE  (Annual) 
10 Feb 03 -  09 Feb 04  Ft Drum AIN  YE  (Annual) 

h.  Awards &  Decs:  AFAM W/1 OLC, AAM,  AM, AFCM, BS, ACM, AFTR, AFLSA W/2 

OLCS, CRM, NDSM, AFEM, SAEMR W/1 OLC, AFOSLTR W/1 OLC, AFOUA W/VALOR W/20LC, 
AFESR W/GB, GWOTSM, GWOTEM. 

i.  Stmt of Sv:  TMS: (08) Yrs  (10) Mos  (02) Das 
TAMS: (08) Yrs  (10) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Sep 05. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Applicant Narrative. 
4. AF Form 3070  (Article 15, 18 Oct 02). 
5. AF Form 3070 (Article 15, 20 Apr 04). 
6. Brief On First Issue of Propriety. 
7. Brief On Second Issue of Equity. 
8. Service History. 
9. Awards and Decorations. 
10. Letters of Commendation. 
11. Combat Service. 
12. Level of Responsibility. 
1 3 .  Other Acts of Merit. 
14. Personal and Family Problems Surrounding 
Punishment. 
15. Character References. 

Circumstances of Non-judicial 

-  2 8  SEP  2005 

APPI-ICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OMB No. 0704.0004 
Expires Aug  31, 2006 

. 

, 

The publlc reporting burdmn for this collmction of  information is mnimahd to mverapm 30 rninvtos pmr  response, including the time for revlewlnp instructions, searching -xisting  data sourcos, 
gathering and maintaining thm dot.  nmmdmd,  and camplating and ravimwing thm colloctlon of  intormatlon.  Send cornmonte regardlng thls burden enimatm or any othmr  aspmct of thls collnction 
of Information, including suggostionr for rmducing thm burdmn,  to thm Dopartmom of  Detmse, Execurive brvlces and Commun~catwna Dir-ctoratm  (0704-Mx34). hpondmnb should bm  m w m  
that notwhhstanding any other provlaion of  low,  no pmrson shall bm  subject to any penaky tor tluiinp m comply wrth a collection of  information if it  dms  not display rn  currmntlv valid OM5 
conaoi number.  PLEASE DO  NOT  RETURN YOUR  FORM TO THE  ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE  APPROPRIATE ADDRESS  ON 
BACK OF THlS PAGE. 

PRIVACY ACT STATEII 

AENT 

AUTHORIW.  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for, military discharge issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1,  APPLICANT DATA  (The person  whose discharge is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE (X one)  I 
b, 

I  K I AIR FORCE 

I COAST GUARD 

c.  GRADEIRANK AT DISCHARGE 

1  ARMY 

MARINE CORPS 

Ligdle Infilall 

!Lpr,-Eirsr, 

NAVY 

d.  SOCIAL S!iC~p!TK~M?E~ 

0-3lCaotain 

2.  DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE CHARACTERIZATION RECEIVED (X one) ( 5.  BOARD ACTION REQUESTED IX one) 

I 
1- 

lYYYYMMDDl (If date i s  more than  7 6  years 
ago,  submit a DD Form 1491 

1  HONORABLE 

K 

. .-..--am. 

- --.. -.-.- ..- 

I 

I urrvcn v 4  ncrl THAN HONORABLE CONDITIONS 

1  % 1 CHANGE TO HONORABLE 
I 

I ~ u n u e c  sn ~ E L I E D A I  I I I N ~ C D  

I 

HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 

P  ge 3.1 

I 6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST /Continue i n  Item 14.  See instructions on  1 
1) dpgrade discharge due to one issue of propriety.  a) Failure for leadership to send applicant to financial counseling after misuse 
of Government Travel Card.  2)'Upgrade due to two issues of equity. a) Applicant discharge was inconsistent with standards of 
discipline based on similar conduct.  b) Relief is warranted based upon consideration of the applicant's service record and other 
evidence submitted to the DRB in this package.  Specifically, relief is warranted based on thiiollowing  subject areas: (cont Item 14) 

I 

I 

I 

I 

1  7 .  (Xif amlicablel AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDDI 

. . 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE. 

8. 

IN SUPPORT OF THIS APPLICATION,  THE FOLLOWINQ ATTACHED DOCUMENTS ARE  SUBMITTED AS EVIDENCE: (Continue in Item 17. 
If military documents or medical records are relevant to your case,  please send copies.) 

Attachments 1) Applicant DD Form 2 14  2) Applicant narrative describing background of events surrounding non-judicial 
punishments 3) AF Form 3070 (Article 15) 18 Oct 02  4) AF From 3070 (Article 15) 20 Apr 04  5) Brief on first issue of propriety - 
failure for leadership to send applicant to financial counseling  6) Brief on first issue of equity - applicant discharge was inconsistent 
with standards of discipline based on similiar conduct  7) Brief on second issue of eauitv - relief is warranted based upon 
9.  TYPE OF REVIEW REQUESTED IX one) 
K 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I ANWlOR Icounsel/representativel  WILL NOT APPEAR BEFORE THE BOARD. 
I ANDlOR Icounsel/representative)  WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
I ANDlOR lcounsel/represenretivel  WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A  TRAVELING PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 
(enter city and state) 

10.a.  COUNSELIREPRESENTATIVE (If  any)  NAME (Last,  First,  Middle Initial) AND ADDRESS  I  b.  TELEPHONE NUMBER (Include Area Codel 

(See hem 10 o f  the instructions about counsel/representetive.l 

I 

I 
I 

C.  E-MAIL 

d.  FAX NUMBER (Include Area  Code) 

I 

I 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person. LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant, Indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS OF  APPLICANT OR PERSON ABOVE 

I - - - - - - - - - - - - - - - - - - - - - - - - -  

(Forward notification o f  any change in address,) 

b.  TELEPHONE NUNIMP-UapJuda  b e *  r ~ d e )  
=* 

,--------------- 

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C . . - - . - . . - . . - . . - .  

.' 

13.  CERTIFICATION. 

I make the foregoing statements, as part of my claim,  with full knowledge of the 
penalties involved for willfully making a false statement or claim.  (U.S. Code,  Title 18, Sections 287 
and  1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 

JJ-ahad- - - -, 
a.  AlPP14IYBE:.EQVL9E9  ~ 4 ~ ~ l i c ~ n m w s ~ o i ~ t e m  

b.  DATE SIGNED -  REQUIRED 

(YYYYMMDD) 

CASE NUMBER 

(Do not write in this space.) 

DD FORM 293, MAR 2004 

-.-------.---. 

PREVIOUS EDITIONS ARE OBSOLETE. 

Page 1 of 4 Pages 

14. CONTINUATION OF ITEM 6, ISSUES (If appllcabld 
1.  Service History 2. Awards and Decorations 3. Letters of Commendation 4. Combat Service 5. Level of Responsibility at which 
the applicant served 6. Other acts of merit 7. Personal and Family Problems surrounding circumstances of Non-judicial punishment 
8. Character reference letters. 

The applicant was served with two Article 15's (one on 18 Oct 02 and one 20 Apr 04) for violation of UCMJ Article 92, Misuse of 
the Bank of America Government Travel Card. Each instance of non-judicial punishment had very different mitigating 
circumstances surrounding the misuse (first for a PCS~Housing issue; second for failure to safeguard the card which was used by a 
family member under severe distress).  The applicant has a distinguished service record that includes combat during Operation 
Southern Watch and Operation Enduring Freedom. The discharge received is inequitable because it fails to properly characterize the 
applicant's distinguished service recorhand the mitigating circumstances surrounding each act of non-judicial punishment. The 
discharge is also inconsistent with punishment given to service members with similar or more grevious acts of Travel Card misuse. 
Finally, the discharge also fails to take into account one act of inpropriety (failure to send applicant to financial counseling). 

15. CONTINUATION OF ITEM 8,  SUPPORTING DOCUMENTS (If applicable) 
applicant's service record and other evidence submitted to the DRB for review  8) Applicant Record Review RIP  9) Applicant 
Officer Performance Reports  10) Applicant Medals and Decorations  1 1) Applicant Certificates and Media Statements  12) 
Applicant Character Reference Letters 

16. REMARKS (If applicable) 
The attached documentation provided to accompany this DD Form 293 is intended to outline my distinguished service record in 
association with the mitigating circumstances surrounding his two counts of non-judicial punishment: On 19 Oct 2004, I was 
notified of Show Cause Action Initiated Under AFI 36-3206, Chapter 3, Paragraph 3.6.4 (Serious or Recurring Misconduct) that 
sjmy-cguse for retention on active duty. On 27 October 2004, I submitted a brief to the Show Cause Authority (Lt 
required 
Gen 1 --- -- --- ----- --- -- i,  9AF/CC) to stem further Show Cause action. The SCA denied my request and recommended an 
administrative discharge board be established to hear further arguments. Based on the recommendation of my counsel and the 
prolonged period of these proceedings (over one year), I elected to submit a conditional waiver accepting no less than a general 
(under honorable conditions) disharge in lieu of further discharge proceedings.  The waiver was accepted and approved by the 
SECAF on 18 Mar 05. I was officially seperated from the AF on 3 1 Mar 05 with a general discharge. During the administrative 
discharge process, my security clearance was suspended. Despite the non-judicial punishment actions, I received a favorable 
recommendation to lift the suspension, and a clearance investigation was conducted that re-instated my Top Secret/SCI on 15 Mar 
05. These actions by the AF Central Adjudication Board, which included a thorough background check into my fmancial status and 
circumstances surrounding my Article 15's, proved that I could still be trusted by the Air Force to conduct my duties. I currently 
work at Syracuse Research Corporation where I provide contracted assistance to the Air Force National Air and Space Intelligence 
Center at Wright-Patterson AFB, OH. I also volunteer at the National Museum of the United States Air Force. As you can see, I still 
provide service to the United States Air Force in the capacity of a civilian. I have been approached with job offers to fly F-16s as a 
traditional guardsman with the Indiana and Ohio Air National Guard. However, I am not eligible to enlist in the ANG with a general 
discharge and an ineligible reentry code IAW ANGI 36-2002. My hope is that a favorable decision from the Discharge Review 
Board will upgrade my discharge to honorable, establish an approriate reentry code, and change the discharge narrative and 
1  seperation code as approriate. I wholeheartedly desire to continue to serve my country which I hope you will allow me to do. 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

- - 

-- 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http://arba.army.pentagon.mil) 

AIR FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
7 2 0  Kennon Street,  S.E. 
Room 309 INDRB) 
Washington Navy Yard,  DC  20374-5023 

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
wishington,  DC  20593 

I 
DD FORM 293, MAR 2004 

I 

I 
Page 2 of 4 Pages 

MEMOIUNDUM FOR DISCHARGE REVIEW BOARD 

F o m s  @3go 

16 September 2005 

-  SUBJECT:  Narrative to accompany DD Form 293, Application for the Review of 

Discharge From the Armed Forces of the United States 

1,  I am writing this narrative to give background  information to the Discharge Review Board 
(DRB) convened to  discuss my DD Form  293 which is applying for  a  discharge upgrade 
fiom General (Under Honorable Conditions) to Honorable.  I am also requesting the DRB to 
delete "Misconduct"  as my Narrative Reason for Separation and to establish a separation and 
reentry code on my DD Form  214 that will  allow enlistment into the Air National Guard. 
Although I am cutxently a civilian, I still consider myself an Airman who is committed to the 
values of the United States Air Force.  Although I have made a few mistakes in an otherwise 
brilliant Air Force career, I do not believe those mistakes, given the special circumstances in 
which those mistakes emerged, warrant a General (Under Honorable Conditions) discharge. 
The  reasons that  follow  explain the  special circumstances  surrounding my misuse  of the 
government  travel  card,  identify  corrective  measures  that  I  have  taken  to  avoid  further 
financial issues, and highlight my past service to my unit, the United  States Air Force,  and 
the United States of America.  At  the conclusion of this narrative, I hope that  you  can see 
with  compassionate  eyes what  I have  experienced  over  the  last  three  years,  and  make  a 
decision to upgrade my characterization of discharge to Honorable.  I feel that decision is in 
the best interest of the United States Air Force and me. 

2.  In  addressing the  first  Article  15,  dated  18  October  2002,  an  exposition  of  the  facts  is 
necessary.  These facts are not disputed.  My family and I took a permanent change of station 
fiom Misawa AB, Japan to Fort Drum, NY on 23 February 2002.  The search for housing 
was methodical and  diligent but met with little success.  Army housing was not adequate to 
our needs;  therefore,  we  refushd to  accept  government quarters  and  signed a  lease with  a 
local landlord for a 1 April 2002 move in date.  During March of 2002, I attended the Joint 
Firepower Course at Nellis AFB and returned at the end of the month for a week of leave in 
Ohio to visit family.  Prior to my leave expiring, I contacted my landlord about my rental 
home, and he informed me that though he had not moved out of the rental home, he would be 
out in a week.  My family and I returned to Fort Drum and had to quarter in a hotel for what 
we thought was going to be a week.  Towards the end of that week and after repeated calls to 
the landlord, I had to continue to live out of a hotel for another week.  At this point, finances 
were getting thin.  I requested a return of my security deposit from the landlord to begin the 
search for  another  rental  home.  With  deceit,  the  landlord  avoided  my  quest  to  get  my 
security deposit back,  eventually admitting that he had  spent the deposit.  We searched for 
any rental home that  would  do  with no  luck.  By the  end  of April, the landlord made the 
initial  home  available.  Unfortunately,  all  of  our  savings  and  checking  funds  had  been 
depleted, and  financially, we were  a mess.  I come fiom a low-income family as does my 
wife,  and there were  no family support lines for  funds to meet  our basic needs.  Our bills 
continued to pile up, yet we kept cutting our expenses.  By May 2002, we had conquered our 
financial problem and paid all of our debts.  All was good until we discovered structural and 

mold problems in the rental home, which focused o w  attention on potential health concerns. 
Our landlord refused to  address these rinatters, so we attempted to cure these defects at  our 
own expense by professional cleaning and carpet replacement.  This came out of our budget 
and began to put us back in a hole.  Now, we realized that this rental home decision was not 
going to improve.  I utilized the services of the base legal office to undo this poor decision, 
breach the lease, and move out.  The base legal office provided limited support, stating that 
this was  a civil matter, and  that they could not  represent me.  Faced with last-ditch  effort 
costs to resolve the problem and legal fees to remedy the problem, we were spent financially. 
I regret what I did next.  I utilized the govemment travel card to obtain food and gas to live 
during the first two weeks of July. It is important to note that these charges were paid in full 
by me within 6 weeks of use, and the use was only to purchase food and gas (not grievous 
items such as electronics, adult entertainment, etc,), My squadron travel card monitor brought 
the charges to the attention of my commander who in turn issued non-judicial punishment. I 
feel that it is also important to note the personal and family problems surrounding the misuse. 
Through legal counsel, we invoked the habitability clause under New York Law and left the 
rental home in July.  We had found another home in the area.  The landlord attempted to sue 
us for breach of lease, but those charges were successfully fended off at expense by counsel. 
While  the  new  home  provided  shelter  and  our basic  needs  through  December  2002,  the 
neighborhood  was  not  safe.  Our  home  had  been  broken  into  more  than  once.  When  I 
deployed  to  Afghanistan in  January  2003,  I  did  not  want  my  family  to  remain  in  that 
neighborhood.  We  invoked  the  military  clause  of  the  lease,  and  my  family  moved  to 
Oklahoma during my deployment.  This unbelievable chain of events placed  great pressure 
on my financial resources. 

---  -------------- 

- - - - I  

:-------------- 

3.  In addressing the second Article  15, dated 20 April 2004, I want to  clarify the facts for the 
record  and the genesis of the action.  Again. 
these facts are not disputed.  During a second 
i  (my  squadron  commander,  2oth 
deployment  to  Afghanistan,  Lt  Col i 
ASOS/CC)  notified  me  that  complications arose  from  my  wife's  colon  surgery.  I  was 
allowed to return home near the end of my deployment when a replacement for my position 
was found.  After the surgery, my wife was not mobile, and she needed me to help care for 
her and our two young chldren.  My wife is a stay at home mom.  She has done great raising 
our children.  My wife also handled all of our finances, paying the bills and managing the 
books.  In  October 2003,  my wife  was  notified that her  sister was  experiencing financial 
difficulties.  Understanding  that  I was  going to  be  awarded money  fiom  my  deployment 
travel  voucher,  she  gave  her  sister  money  from  our  checking  account,  and  used  the 
Government Travel Card fiom our lock box  to compensate for those missing funds.  When 
the GTC bill arrived at the end of the month, she paid the balance from the money awarded 
by my travel voucher.  Her unauthorized use was done without my knowledge and without 
my  approval.  No  amount  of  forethought  could have  prepared  me  for  that  circumstance. 
Throughout December 2003 and  January 2004, my wife  and  I attended  specialty medical 
visits in Rochester, NY.  These visits were funded with govemment orders.  Additionally, I 
attended a  flight  physical  TDY  at McGuire AFB  on 24-25  November  2003.  During this 
time, I had possession of my GTC and used it within the authorization set forth in my orders. 
On  7 December 3003,  my  wife  and  I were  informed that  my mother-in-law's  house  had 
burned to the ground, destroying everythng.  Again, my wife secreted the GTC out of the 
lock box and used it to compensate for money that she provided to her mom.  If I had known 
that she was using the GTC, I would have stopped it immediately.  My wife intended to pay 
off the  GTC when she was reimbursed by  her mother's  insurance settlement in December 

I - - - - - - - - - - - -  

2003.  When that  settlement failed to  come in December, my wife could not pay the GTC 
bill, and it went overdue.  In January 2004, my wife and I proceeded to another government 
funded medical visit in Rochester, NY.  Upon return, Lt Col: 
iconfkonted me about 
inappropriate use of the GTC.  I told him that the only outstanding balance would be from 
medical visits in December and January, which I had not yet been reimbursed for.  Then he 
showed me the transaction print out.  I was blown away, and I had no explanation.  I was told 
to go home to get the GTC and surrender it to my commander.  When I got home, I told my 
wife what had happened, and she broke down.  She told me what  she had  done, and I was 
livid.  She explained that she knew that it was wrong, but she felt desperate to help her sister 
and mom.  She told me that she felt pressured into helping them.  My wife was unable to get 
a credit card, and she knew that I would not approve of sending the amount of money she 
wanted to  send to them,  so  she acted without me.  She failed to  realize the seriousness of 
these consequences and had placed my career in jeopardy. 

C - - - - ? - - - - - -   l 

4.  I am disappointed with what my wife did.  It had caused some major trust issues in our home, 
and we worked through marriage counseling to overcome those difficulties.  I did not then, 
nor now, want to throw away my marriage and disrupt the lives of my children over what she 
did.  I do not believe that my wife is an evil person.  She acted irrationally and on emotion 
and with pressure to help those in need.  She went about this the wrong way.  It stems from 
her  generous heart.  She is always volunteering  as  a babysitter  and cooks dinner for those 
sick and distressed.  While we were in the Air Force,  she was famous for the home cooked 
meals she would serve to single Airman.  I have never met anyone like this.  My wife was 
abused when she was younger,  Her sister and mother were the only ones that came to her 
aid.  She depended on them for survival several years ago, and when they called on her for 
help, she felt that she could not turn her back on them.  She regrets what she did.  She now 
understands the seriousness of what she did.  She understands that her inappropriate actions 
were responsible for the second Article 15 that was the catalyst for administrative discharge. 
I'm  asking  you  to  take  into  consideration the  mitigating  circumstances  surrounding  the 
second Article  15 to provide equitable relief in my characterization of discharge.  I did not 
h o w  that she was using the GTC.  The GTC was stored in a lock box to avoid recurrence of 
misuse.  I had taken those measures to ensure that there were no problems with the GTC.  I 
a m  pained by what happened, but I do not believe that I acted in appropriately. 

5.  Throughout my life, I have been challenged financially.  From growing up poor to where I 
am today, I have worked hard to beat the odds.  I have a solid education and have developed 
my  technical  abilities to  be  a  valuable  asset  to  the  United  States  Air  Force,  my  current 
employer, and to my family.  While I earned a respectable salary in the Air Force, I had not 
amassed stocks, mutual  funds,  or property as  other officers.  At  the  current time,  I  have 
embarked  on  each  of  those  financial  areas.  During  the  2002-2004  time  frame,  I  was 
repeatedly  hit  with  some  unforeseen  financial  burdens  (legal  feeslmedical  billslfamily 
problems),  and  my  wife  compounded  the  issue.  I  was  placed  in  a  "catch-up"  financial 
situation for some time, but now I am ahead in the game.  I do not see this as a future issue.  I 
have  never  discredited  myself  or  the  United  States  Air  Force  with  severe  financial 
mismanagement.  I have a decent credit score, never filed for bankruptcy, never had accounts 
placed  into  collection,  or have had  my wages  garnished or  offset,  In both  cases of GTC 
misuse, I paid the balances immediately.  I accepted the charge of protecting the GTC from 
unauthorized use.  I believe in accountability.  I do not dispute the first Article 15.  I made a 
regrettable decision based  on mitigating circumstances.  However, I do not  believe that I 

acted unreasonably with regards to the second Article 15.  My wife used the card without my 
knowledge.  She knew how I felt about the GTC after the first Article  15. She hid the use 
from me and created this situation.  She hates herself fox what she did.  I was angry with her 
for a long time.  I am passed that hate, and we have worked through our issues.  I loved my 
honorable  service with  the  United  States  Air  Force.  I'm hoping  that  you  will  consider 
characterizing my discharge as reflecting that honorable service so that I may possibly return 
to serve with the Air National Guard. 

C.-..-..-..-.-..-..------- 

6.  The final action in this series of events was my discharge from the United States Air Force.  I 
was notified on 19 Oct 2004 of Show Cause Action initiated under MI 36-3206, Chapter 3, 
Paragraph  3.6.4,  Serious  or  Recurring Misconduct,  that  required  me  to  show  cause  for 
retention on active duty.  I drafted an appeal to  the Show Cause Authority (SCA), Lt  Gen 
..-..-..-..-..-.-..-..-..- 
j 9 m C C  to have him consider the facts in this case and to stop Eurther 
show cause proceedings.  My appeal with denied and was forwarded to be heard at a Board 
of Inquiry POI).  The BOI was scheduled to be held the first week of March 2005.  Due to 
the  prolonged  proceedings  of  this  process,  the  emotional  distress  that  my  family  and  I 
endured, and the recommendation of my counsel, I submitted a conditional waiver accepting 
no less than a General (Under Honorable Conditions) Discharge in lieu of further discharge 
proceedings.  The waiver  was  approved by  the  SCA and  the  BOI  did  not  convene.  The 
discharge waiver was approved by the Secretary of the Air Force on  19 Mar 05 and I was 
officially discharged fiom the Air Force on 3 1 Mar 05. 

7.  I  feel  that  I  have  been  punished.  Consider what  this  has  cost  me.  I  have  endured  the 
embarrassment and emotional distress that my wife has put me through, I have lost my love 
of flying F-16's,  and I have lost my love of serving the United  States Air Force.  I h l y  
believe that I have been held accountable for my actions and the actions of my wife.  Further 
punishment  by  maintaining  my  categorization  of  service  at  General  (Under  Honorable 
Conditions) is not justified. 

I want to provide you with a knowledge base of who I am.  At the tender age of 6, I made a 
conscious decision to pursue an aviation career.  I excelled in all areas of study that would 
M e r  that pursuit.  My family encouraged me and provided the cornerstones to make that 
pursuit a reality.  They taught me the value of hard work.  At the age of 15, 1 worked at an 
airport washing  aircraft so I could pay for flight lessons.  At the age of  17, I received my 
pilot's  license.  Further, my involvement in athletics,  student government, Civil Air Patrol, 
community service, and excellent academic achievement aided my efforts to be appointed to 
the  United  States  Air  Force  Academy.  At  the  Academy,  I  chose  the  tough  academic 
endeavor  to  obtain  my  degree  in  Aeronautical  Engineering.  Even  while  completing that 
daunting struggle, I was  able to  achieve the  distinction of  2nd Group  4th Classman of the 
semester, Cadet First Sergeant, Cadet Operations Officer, and I was elected among my peers 
to  uphold  the  integrity of  the  cadet  honor  code  as  Cadet  Honor NCO  and  Cadet  Honor 
Officer.  Additionally, I was in a group of 6 cadets chosen fiom a pool of 70 candidates to fill 
a position  on the Cadet Competition Flying Team.  I was  awarded Distinguished Graduate 
honors  from  the  T-3A  Enhanced  Flight  Screening  Program.  As  a  result  of  all  these 
accomplishments at the academy, I was selected to go to pilot training and further awarded a 
position at Sheppard AFB to attend Euro-NATO Joint Jet Pilot Training. 

P 

9.  My achievement of excellence did not stop at ENJJPT.  During my training, I achieved high 
I  was  awarded  an  "Outstanding"  rating  during  my  T-37 
academic  and  flying  scores. 
Advanced Contact phase.  After pilot training, I was chosen to fly the F-16 and, in route to 
that  training,  I was  awarded Air-to-Air Top  Gun  honors during my  Introduction  to  Fight 
Fundamentals flight course.  During F-16 training at Luke AFB, I excelled once more in my 
t  ability and  obtained  Top  Gun  honors  for High  Altitude  Dive Bomb 
academic  and  fli 
deliveries and 2"  place in the nuclear radar bombing competition (called "Duke  of Nuke"). 
After F-16 training, my assignment at Misawa AE!, Japan proved my excellence further.  As a 
young  lieutenant,  I  turned  around  an  ailing  snack  bar  system  and  provided  an  accurate 
paperwork and regulation filing system for the Standardization and Evaluation program that 
resulted in an "Excellent"  rating during the 35th FW's  StadEva1 inspection.  As an assistant 
weapons and tactics officer, I implemented a new wing wide Top Gun scoring program that 
tracked  Air-to-Air,  SEAD,  and  Air-to-Ground  weapons  delivery  and  performance. 
I 
deployed in support of Operation Southern Watch, flying 14 combat sorties.  Additionally, I 
participated  in  high-vis  deployments  that  included  Cope  North,  Cope  Thunder,  two 
Commando Sling's, and a Red Flag exercise.  My maturity, leadership, and flying ability was 
recognized  early,  and  as  a  young  lieutenant,  I  was  selected  well  ahead  of  my  peers  to 
participate in the flight lead upgrade program.  Aside &om my flying, I was also selected to 
be the project officer for the 2001 Thunderbird PACAF tour visit at Misawa (which was later 
cancelled due to  actions on September 1 lth). I volunteered at the local town of Schinohoe, 
Japan teaching English to  students of all  ages and continued my volunteer work  escorting 
local Japanese children on base for Halloween festivities. 

10. AAer Misawa, I was assigned at Fort D m ,  NY  with the  loth Mountain Division as an Air 
Liaison Officer.  Pilots usually frown upon an ALO assignment, but I had a positive outlook 
and  was  excited  about  the  leadership opportunities it  would  provide.  During my  initial 
training at the Joint Firepower Course at Nellis AFB, NV, I received Distinguished Graduate 
honors  and  a  100% academic average.  Upon my  arrival at Fort Drum,  I was placed  in  a 
position to fix a Tactical Air Control Party system that was quoted as "unsupportive"  by the 
U.S.  A m y  after  Operation  Anaconda  in  Afghanistan. 
I  attended  every  Army  meeting, 
officer professional development, and exercise to searnlessly integrate Air Force participation 
into the Army's  scheme of maneuver.  I undertook the daunting task of creating a Combined 
Live Fire  Exercise (CALFEX) that  combined  every aspect of ground maneuver,  artillery, 
attack aviation, and close air support.  This CALFEX involved my solicitation of several Air 
National  Guard  flying units  and  the  participation  of  crew  chiefs,  pilots,  weapon  loaders, 
weapon  builders,  and  services personnel.  Not  only  did  I organize this  event,  but  I  also 
obtained the man-day authorization to fund the Air National Guard units and fulfilled the role 
of liaison and tactics expert to ensure that the exercise was sound and safe.  This event single 
handedly  reestablished  Army  confidence in  the  Air  Force  and  was  lauded  by  the  highest 
levels  of  the  Army.  This trust  and  knowled  e  was  key  in  my  success during  the  Joint 
Readiness Training Center exercise with the  10  Mountain Division at Fort Polk, LA during 
December 2002.  There, my  TACP unit received  excellent ratings and  "best  seen to  date" 
comments on our reports.  I was given the 3-6 Field Artillery Battalion Award of Excellence. 
During  the  deployment  to  JRTC,  I  was  selected  to  deploy  with  the  48znd Air  Support 
Operations  Squadron at  Bagram,  Afghanistan in  support of Operation Enduring Freedom. 
After only two weeks to prepare, I left for Operation Enduring Freedom to perform duties as 
the Fighter Duty Officer supporting the 82nd Airborne Division, CJSOTF, Task Force 5, and 
a multitude of coalition task forces under CJTF 180.  I prepared and distributed hundreds of 

f 

immediate  and  preplamed  CAS  requests,  working  directly  with  the  CAOC  to  ensure 
immediate and accurate placement of combat aircraft during life and death situations.  I was 
instrumental in the security of a SOF helicopter crash site by placing CAS aircraft over the 
scene immediately after the incident and provided real time intelligence through radio relay 
until ground troops could secure the scene.  My efforts at Bagam received high praise, and I 
was personally awarded the Bronze Star for my actions. 

11. After my January to  May 2003 deployment, I immediately refitted to  deploy once again to 
Kandahar,  Afghanistan  with  the  loth Mountain  Division  as  the  1"  Brigade  Air  Liaison 
Officer.  1 left in August 2003 and was the detachment commander for the 2oth Expeditionary 
Air  Support  Operations  Squadron.  Not  only  did  I perform  ALO  duties,  but  was  also 
responsible  for  personnel  requests,  deployment  and  redeployment  of  equipment, 
administrative duties, and maintaining the morale and the  good  order and discipline of my 
TACP personnel.  It was by far the most challenging and rewarding point of my career, and I 
obtained  excellent  results.  My  troops  were  resoundingly  successful  during  their  combat 
efforts; receiving multiple Bronze  and  Silver Stars with Valor.  In  addition,  I created  and 
implemented the first ever OEF Joint Air Attack Team standardization program that ensured 
all  theater  elements  of  CAS,  attack  aviation,  and  ground  maneuver  maintained 
communication and combat effectiveness.  I participated in several air assault operations and 
performed terminal air attack controller duties during a dangerous blocking mission with the 
Romanian Army.  Although personal circumstances at home, mentioned previously, kept me 
fiom  staying  in  Afghanistan  past  October  2003,  I  was  still  recognized  for  my 
accomplishments and  was  awarded the Army  Commendation Medal.  Additionally, I was 
recognized by the 451St AEG and 455'  AEW as the Company Grade Officer of the Month. 
Upon my return to Fort D m ,  I volunteered to speak at Civil Air Patrol functions and was 
asked on multiple occasions to  speak to  students of my hometown.  While at Fort D m ,  I 
worked  diligently to  rewrite  2oth ASOS  StadEva1 regulations, procedures,  and  check ride 
profiles  to  meet  with  new  training  requirements  and  lessons  learned  from  our  combat 
deployments.  The effort put into these tasks resulted in an "Excellent" rating during the 20' 
ASOS  2004  Standardizations and  Evaluation  Inspection.  Although  the  previous  sections 
were lengthy, it can be said that only a small percentage of the company grade officers in the 
Air  Force  have  has  such  leadership  and  combat  exposure,  in  addition  to  achieving the 
excellent results that I have outlined. 

12. Although the pressure and stress during the last three years has been intense, I continue to 
strive for excellence.  During the period that I was under administrative discharge review, I 
completed Squadron Officer School by correspondence, and started working on my Master's 
Degree in Aeronautical Engineering at  Syracuse University.  I am continuing my Master's 
studies at the University of Dayton.  I had also enrolled my wife and me into several hancial 
classes at the Watertown, NY adult education center to put corrective measures in place.  It's 
important to  note that  I was never directed by my leadership to  go to  financial counseling 
during  any  of  my  non-judicial  punishment  proceedings.  A  year's  worth  of  marriage 
counseling has strengthened my marriage and communication abilities with my wife.  At my 
current job,  I  work  as  a  contractor to  the National Air  and Space Intelligence Center as  a 
subject matter  expert on aircraft systems.  In this capacity, I still continue to  serve the Air 
Force as a civilian.  I am also a member of the Society of Wild Weasels (SOWW) whch is 
an  organization  comprised of  former  and  current  pilots  and  support personnel  who  flew 
Suppression  of  Enemy  Air  Defense  missions.  As  a  member  of  the  SOWW  I  have 

volunteered to coordinate the Wild Weasel 4oth Anniversary Reunion and Exhibit Dedication 
at  the  National  Museum  of  the  United  States Air  Force  on  September 23-25,  2005.  In 
addition, I  have  volunteered  my  time  to  the  senior curators  and  exhibit  historians at  the 
National Museum of the United  States Air Force to  aid in the creation of the Wild Weasel 
exhibit and an exhibit dedicated to Tactical Air Control Parties.  I feel that it is interesting to 
note that during review of my administrative discharge, my security clearance was suspended 
in  accordance with  protocol.  Afler my  conditional waiver  for  discharge was  approved,  I 
received a favorable recommendation after a thorough SSBI background investigation (which 
included  an  investigation into  my non-judicial  punishments  and  financial status) and  was 
awarded a Top  SecretISCI clearance by the Air Force Central Adjudication  Service on  15 
Mar 05  (only 2  weeks prior to  my  final discharge date).  This act by AFCAS  shows that 
despite my  errors, I can  still be  trusted by  the U.S.  Air  Force  to  carry  a  large burden  of 
responsibility.  I hope that you,  as the DRB, can find that I too am worthy of the leadership 
and responsibility that is associated with an Honorable characterization of service. 

13. In my SOS studies, I have had the opportunity 

-....-..- .-..-.., 

that my -------------- 

to study leadership of the Air Force's best.  I 
know that former Air Force General : c-..-....-..-..-..~ 
:was regarded as  a tough disciplinarian. 
--------- he handled an officer 
Many examples fill SOS courseware about his style.  Of note, is how 
who exercised poor judgment while under combat fatigue. General ! --------- ! identified the root 
cause  of that  officer's  poor judgment  (the  combat  fatigue),  and  instead  of removing  that 
officer from the aircraft or from the service, he treated the stress by diverting his attention to 
another task until that situation had'been corrected.  What happened to me has a root cause, 
and that root  cause has been identified and corrected.  While I believe that I made several 
.------------ 
errors in judgment,  I also believe 
commanders could have handled the situation in a 
i once stated that "incompetent7' officers 
much different way,  General! ............................. 
should be removed from service with "no regard to their family".  In my case, I believe that I 
have shown that I am more than competent and that my family's  circumstances were grossly 
disregarded during the processing of my administrative discharge.  I have already mentioned 
that  I believe  in  accountability.  I have been held  accountable for my  actions.  I  certainly 
believe  that my actions were not  unreasonable or grievous.  They certainly don't  justi@  a 
General  (Under  Honorable  Conditions)  characterization  based  upon  my  service  history, 
awards  and  decorations,  combat  service,  and  the  personal  and  family  mitigating 
circumstances surrounding my  erroneous acts.  I  certainly hope that  you feel the same and 
vote  to  upgrade  my  characterization  of  service  to    on or able  so -that  I  may  have  the 
opportunity-to cherish once again the privilege of wearing the &tiform and servhg with the 
Air National Guard, 

14. I sincerely appreciate your time and consideration in reviewing this matter, 

Syracuse Research Corporation, Dayton, 

MEMORANDUM FOR DISCHARGE REVIEW BOARD 

1 

p2ns-flu3W 

16 September 2005 

--"- - General (Under Hofiorable Conditions) to Honorable based on isme sf-equity - 
SUBJECT:  Brief on basis to change characterization of service for i _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  

: fiom 

.------------------, 

applicant discharge inconsistent with standards of discipline based on similar 
conduct 

1.  The purpose  of  this  brief  is to  establish  a  building block  approach that  outlines reasons 
appropriate  to  change  my  characterization  of  service  from  General  (Under  Honorable 
Conditions)  to  Honorable.  The  second  block  in  this  process  is  an  issue  of  equity. 
Specifically,  the  issue  of  equity  in  question  is  that  I  was  dealt  disciplinary  actions 
inconsistent with  standards of  discipline based  on  similar conduct.  In  each  case  of non- 
judicial  punishment,  which  was  a  catalyst  for  administrative  discharge,  mitigating 
circumstances were not  considered.  This brief will  argue that  a different course of action 
could have been taken to  ensure that I was held accountable for my actions of inappropriate 
use  of  the Government Travel Card  (GTC) that  would not have resulted  in  administrative 
discharge.  At a minimum, my discharge should have been characterized as honorable.  Also, 
I  will  cite  examples  from  the  Government  Account  Office  report  GAO-03-147  dated 
December 2002 that show that service members guilty of heinous and grievous misuse of the 
GTC were disciplined less severely than me. 

2.  The catalysts for show cause action  initiated under AFI 36-3206, Chapter 3, Paragraph 3.6.4 
(Serious or Recurring Misconduct) were two Article  15's dated  18 Oct  02 and  20 Apr  04 
dealing with  GTC misuse.  Although  each  act  of non-judicial punishment was  focused on 
misuse of the GTC, the circumstances surrounding each act were starkly contrasted.  In the 
first act  of misuse,  the GTC was used  for food  and  gas purchases during  a financial crisis 
caused  by  severe  living  conditions  compounded  by  landlord  actions  (details  of  this  are 
outlined  in  the  Attachment  2  narrative).  This  action  was  not  grievous  or  heinous.  The 
misuse was based on an act of survival.  The card was paid off by me, and was not placed in 
salary offset,  I  had  never  received  previous  Article  15's,  U F  items,  or  other  types  of 
documented misconduct prior to this event.  Also, I had never  shown any type of financial 
misconduct  prior  to  this  event.  I  feel  that  my  commander  used  little  discretion when 
considering the mitigating circumstances surrounding this misuse.  Although my acts ---------- 
were in 
violation  of  Article  92  of  the  UCMJ,  I  believe  that  my  commander's  (Lt  Col ! 
!J 
decision to issue Article  15 non-judicial punishment was capricious and not consiifiiitt~fh 
standards of discipline of the military.  Commanders have a responsibility to weigh all issues 
before issuing judgment,  and I feel that not all issues were considered in this case.  I feel that 
a letter of reprimand or counseling would have been more appropriate in this case. 

3.  The second act of non-judicial punishment was based on my failure to prevent unauthorized 
use of the GTC by my spouse.  Again, this is in violation of the Article 92 of the UCMJ, but, 
based  on the circumstances outlined in Attachment 2, I had no reasonable way of knowing 
that the card was being misused by my spouse. The contrast in the two occurrences is that I 
did  not  misuse  the  card  the  second  time.  Additionally,  the  card  was  not  being  used  for 
grievous or heinous purchases.  It was used  as  a result of acts of generosity and kindness. 

This obviously does not  excuse accountability.  Neither the first  act  nor the second act  of 
misuse was  serious.  Show cause  action was  initiated  for  recurring misuse based  on  two 
Article  15's.  I wholeheartedly believe  that  mitigating circumstances were  not  considered 
when SCA action was initiated.  If compassionate restraint had been shown in either the first 
or second Article 15, SCA action most likely would not have been initiated. 

4.  In  a  United  States  General  Accounting  Office  Report  GAO-03-147  to  congressional 
requesters  dated  December  2002,  examples  of  travel  card  misuse  and  their  associated 
punishments are cited.  The types of misusewe clearly heinous.  Examples include legalized 
brothels, jewelry, gentlemen's clubs, gambling, cruises, and sports/theatrelconcert tickets.  Of 
20 cases cited for government travel card misuse, 12 were not given any type of documented 
disciplinary action.  On page 25 of the report, example 1, an E-5 who had  written a total of 
$61,004 in NSF checks, $20,535 placed  in  salary offset, multiple bankruptcies and charge 
offs prior to card issuance was only given administrative counseling and a warning.  On page 
32 of the report,  an 0-5 charged $5,678 on his card.  This included $700 worth of candles 
and cookware and over $1,400 charged to adult entertainment clubs.  He also had numerous 
charge  offs,  delinquencies,  and  bankruptcy  prior  to  card  issuance.  He  received  no 
disciplinary  action.  An  0-6  made  $2,000  in  cash  withdrawals  and  nearly  $1,500  of 
purchases at grocery and drug stores.  No disciplinary action was taken.  An E-7  that made 
$15,000 in withdrawals and $7,000 in charges at adult entertainment facilities was given no 
type of disciplinary action despite having filed bankruptcy, account charge offs, and serious 
credit card delinquencies.  The last case I will cite is an E-5 who charged $1,381 and wrote 
$10,908 in NSF checks was given a discharge related to his abuse of the GTC characterized 
as  honorable. 
It  is  not  unreasonable  to  assume  that  there  are  hundreds  of  other  cases 
throughout the military where this trend applies. 

5.  Paragraph  4 of this brief does not imply that members should not be held  accountable for 
their misuse.  In fact, a recommendation in the GAO study is that more people should be held 
accountable for GTC misuse.  It also states that additional security clearance investigations 
should take place when GTC misuse is identified.  I was both held accountable and placed 
under  a  scrutinized security  clearance investigation.  The result  of  the  security clearance 
investigation was  favorable and I  was  awarded  a TSISCI clearance after a  SSBI took  into 
account my non-judicial punishment.  I was also held  accountable for my actions.  I deeply 
regret  my actions.  I apologize not  only to  the  U.S.  Air  Force  and  to  my  family, but  the 
countless number of people who relied on my skills as a pilot and leader.  However, based 
upon  the  mitigating  circumstances  surrounding  my  non-judicial  punishment  and  the 
standards of discipline used on GTC misuse cases more severe than mine, a good case can be 
made  that  my  commander's  disciplinary  actions  were  capricious.  At  a  minimum,  my 
characterization of service, based upon my service history and circumstances surrounding my 
GTC misuse, deserves to be honorable.  I sincerely hope that you agree with these arguments 
and  vote  to  upgrade  my  discharge  characterization  fiom  General  (Under  Honorable 
Conditions) to Honorable. 

.--------------------------------------------------------, 

C . - . . - . . - . . - . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r n  

Program ManagerlAerospace Engineer 
Syracuse Research Corporation, Dayton, OH 

IEPARTMENT OF THE AIR FL -*CE  ,' 

HEADQUARTERS NINTH AIR FORCE (ACCJ 
SHAW AIR FORCE  BASE, SOUTH CAROLJNA 

- 1 9  3CT 2004 

SUBJECT:  Notification of Show Cause Action Initiated Under AFI  36-3206, Chapter 3, 

Paragraph 3.6.4 

1.  I am initiating action against you under AFI 36-3206, Chapter 3, paragraph 3.6.4, Serious or 
Recurring Misconduct, that requires you to show cause for retention on active duty. 

2.  I am taking this action because: 

a.  Between on or about 4 Jul02 and on or about 12 Jul02, on divers occasions, you were 
derelict in the performance of your duties in that you willfully failed to use your Bank of America 
Government Visa card for official U.S. Government use only. 

b.  Between on or about 7 Oct 03 and on or about 4 Jan 04 you were derelict in the 

performance of your duties in that you negligently failed to prevent unauthorized use of your Bank 
of America Government Visa card by your spouse. 

3.  The least favorable character of discharge that the Secretary of the Air Force may approve in 
this case is a discharge under other than honorable conditions.  Attached are copies of documentary 
evidence supporting this action. 

4.  Sign and date the attached indorsement +owledging 
memorandum.  A copy of the notification memorandum will be provided to you.  If you decline to 
aclcnowledge receiving this notification memorandum, the officer presenting it to you will indicate 
on it, the date and time that you declined to acknowledge receiving it and it will be included as a 
part of your case file. 

receipt of this notification 

5.  Familiarize yourself with AFI 36-3206, particularly the rights that you have.  If you do not 
apply for retirement or request a resignation in lieu of further administrative a?ti2n2-a-bg@ (WPB 
or BOI) will convene as provided in Chapter 6 or Chapter 7.  Contact Captain; 
L 
Area Defense Counsel, Dover AFB, at DSN 445-6995,  to discuss the p r o c e d u ~ ~ ~ h ~ ~ ~ ~ ~ d d ~ d  
your 
rights and options.  If you decline counsel, contact Captain Erica Gregory, Commander of Military 
Personnel Flight, McGuire AFB, at DSN 650-3072 for counseling about your rights and options. 

6.  If you elect to present matters to a BOI, the standard of proof used by the board to make 
findings is a preponderance of evidence.  You may present evidence and argument to rebut the 
reasons set forth in this notification memorandum or any additional reason or information 
developed during the BOI proceedings.  You also may present other pertinent evidence. 

7.  Within 10 calendar days after you receive this notification memorandum, you must respond by 
indorsement to me.  If I do not receive the indorsement within the allotted time, I will proceed 

with further action under AFI 36-3206.  Include in your indorsement: 

a.  Any statement you wish to submit on your own behalf andlor any additional evidence 

that you wish me to consider.  If you are unable to submit your statements or documentary 
evidence within 10 calendar days after receiving this notification memorandum, you may request 
more time as allowed under MI 36-3206.  Submit your request for additional time to me.  If you 
do not submit statements or evidence, your failure will constitute a waiver of your right to do so 
and I will refer your case to the BOI. 

.................... 

b.  A statement that Captain: -------------------. 

I Area Defense Counsel, Dover AFB, at DSN 
445-6995 counseled you and that you fully understand your rights and options in this action.  If 
you declined counsel, so state and indicate that Captain: ------------------ j Commander of Military 
Personnel Flight, McGuire AFB, at DSN 650-3072, counseled you and that you fully understand 
your rights and options in this action. 

------------------ 

c.  A statement that you understand the following regarding recoupment of education 
assistance, special pay, or bonuses received if you haven't  completed the period of active duty 
you agreed to serve: 

(1)  Recoupment of a portion of education assistance, special pay, or bonus 

monies received if you volutltarily separate. 

(2)  Recoupment of a portion of education assistance received if involuntary 

discharge is for misconduct. 

(3)  Recoupment of a portion of special pay or bonus monies received regardless 

of the basis for involuntary discharge. 

(4)  The rpcoupment in all cases is an amount that bears the same ratio to the total 
amount or cost provided to you as the unsei-ved portion of active duty bears to the total period of 
active duty that you agreed to serve. 

(5) If you dispute that you are indebted for educational assistance, the board of 
inquiry, or, if you do not choose or are not entitled to a board of inquiry, an authority appointed 
by the MAJCOMICC, will make fmdings and recommendations concerning the validity of your 
indebtedness. 

d.  A statement notifymg me whether you intend to apply for retirement or tender your 

resignation.  If you have applied for retirement or tendered your resignation, attach a copy of the 
retirement application or the resignation. 

e.  A statement that the area defense counsel or the chief, Military Personnel Flight 

explained separation pay to you and that. you understand the eligibility criteria to receive 
separation pay. 

f  Any other pertinent information. 

8.  In response to this notification memorandum, you may, within 10 calendar days, tender you 

resignation under AFI 36-3207, Chapter 2, section By with the understanding that, if the 
Secretary of the Air Force accepts your resignation, you may receive an under other than 
honorable conditions discharge unless the Secretary of the Air Force determines you should 
receive a discharge under honorable conditions (general) or an honorable discharge.  If the 
Secretary of the Air Force accepts your resignation, your discharge date will be as soon as 
possible but no later than 10 calendar days aRer the date that the MPF receives separation 
instructions. 

9.  I have taken action required under AFI 3 1-501. 

10.  You may request excess leave if the Air Force doesn't require your further participation in 
processing your case. 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

Lieutenant General, USAF 
Commander 

Attachments: 
1.  20 MOS/CC Memo, w/5 Attachments 

a.  AF Form 3070, dtd 18 Oct 02, wlevidence 
b.  AF Form 3070, dtd 20 Apr 04, w/evidence 
c.  OPRs 
d.  Records Review R P  
e.  Security Clearance Action 

2.  AFI 36-3206 
3.  AFI 36-3207 

I st Ind, Capt j ......................................... 
MEMORANDUM FOR 9 AFICC 

I acknowledge receiving 9 AFICC Memo, Notification of Sllow Cause Action Initiated Under 
AFI 36-3206, Chapter 3, paragraph 3.6.4, dated  2\ oCT O'( 
Oq15  I~rs on  2\ 0 ~ 7  2004. 

attachments at 

, with