AIR FORCE DISCHARGE REVIEW  BOARD HEARING KECOKL) 

PEKSONAL APPEARANCE 

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AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASL hClhlBER 

FD-2005-00394 

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. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant received  a General  discharge  for Misconduct  and Unsatisfactory  Performance  - Failure 
to Progress in OJT 

Issue 1.  Applicant contends he is trying to pursue his college degree, he paid into the Montgomery GI Bill 
and should be entitled to it, and he can't afford college on his own and needs financial help.  The DRR noted 
when the applicant applied for these benefits, he signed a statement 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 is having on the applicant, but this is not a matter of inequity or impropriety which 
would warrant an upgrade. 

Issue 2.  Applicant contends during his military career, he made some bad decisions, he was young and 
dumb and didn't  have a family yet, and hc now has a family and purpose, currently works for Social 
Security, and has a career and wants to continue to grow. The records indicated the applicant reccived an 
Article  15 for willfully using his AMEX card while not on official TDY and then making a false official 
statement, a Special Court Martial Conviction for writing numerous bad checks, and he twice failed his CDC 
EOC test. The DRB opined that through these administrative actions. thc applicant had ample opportunities 
to change his negative behavior.  Although the DRB was pleascd to see the applicant was doing well and has 
a good job, the Board concluded thc misconduct was a significant departure from conduct expcctcd of all 
military members, and the characterization of the discharge received by the applicant was foulid to be 
appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludcs  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 vicw of the foregoing iitldings 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 

ANDWWS AFB, MD 

( Former AB )  ( HGH AlC(E3) ) 

FD-2005-00394 

1.  MATTER UNDER REVIEW: 

Appl rec'd  a GENERAL from Lackland AFB, TX on 01 Jul  1997 UP AFT  36-3208, para 5.50 and 
5.26.3 (Misconduct and Unsatisfactory Performance - Failure to Progress in On-The-Job-Training). 
Appeals for Upgrade Discharge 

2.  BACKGROUND: 

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a.  DOB: 

Enlmt Age:  Disch Age: 
AFQT:  A-95  E-70  G-52  M-44 
PAFSC:  3M03 1 - Services Apprentice 

Educ: High School 

b.  Prior Sv:  24 Jun 94 - 3 Aug 94 (1 month 11 days)(Inactive) 

3.  SERVICE UNDER WVIEW: 

c. Time Lost: 
d. Art 1 5's: 

a. Enld as AB on 24 Jun  1994 for 4Years 
b. Grade Status:  AB - 5 Jan 97 (SPCMO#5,27 Jan 97) 
Amn - 16 Jul96 (Article 1 5, 1 6 Jul96) 
A1C - 4  Jun96 
Amn - Unknown 
3 Jan 97 thru 26 Jan 97 (24 days). 
(1)  16 Jul96, Lackland AFB, TX - Article 92.  You, who knew of your duties, at 
or near San Antonio, Texas, on divers occasions between on or about 22 Apr 
96 and on or about 18 May 96, were derelict in the performance of those 
duties in that you willfully used your American Express Card, while not on 
official temporary duty, as it was your duty not to do.  You, did, at or near 
Lackland AFB, Texas, on or about 5 Jun 96, with intent to deceive, make to 
MSgt Ernest F. Serrato, an official statement, to wit: you had not made any 
charges on your American Express Card in the San Antonio area and you 
believed there was another card that someone had obtained and was making 
the charges, or words to that effect, which statement was totally false, and was 
then known by you to be so false.  Reduction to Airman, and  15 days extra 
duty.  (No appeal) (No mitigation) 

e. Additional: 

FD-2005-00394 

KIC, 1 1 SEP 95 - Financial irresponsibility. 
LOR, 03 OCT 95 - Failure to follow orders. 
LOR,  14 NOV 95 - Financial irresponsibility. 
LOR, 03 JUL 96 - Fleeing the sccne of an accident. 
LOC, 07 AUG 96 - Financial irresponsibility. 
LOC, 07 AUG 96 - Dereliction of duty. 
ROE, 04 NOV 96 - Failure of CDC End of Course Exam.  Termination of Course 
Enrollment, 
ROE, 26 AUG 96 - Failure of CDC End of Course Exam. 

f. Court Martial: 

Special Court Martial Order No.5 - 27 Jan 97 

CHARGE:  Article  123a.  Plea:  NG, but G of a violation of Article  134. Finding: 

Specification:  Wrongfully and unlawfully, with intent to defraud, make and utter 
to the Army and Air Force Exchange Service, eleven worthless checks of a total 
amount of $2222.18, drawn upon the National Bank of Texas, on divers 
occasions, between on or about 18 Aug 96 and on or about 7 Sep 96.  Plea:  Guilty 
of the lesser included offense of making and uttering worthless checks, by 
dishonorably failing to maintain sufficient funds in his checking account. 
Finding:  Guilty of the lesser included offense of making and uttering worthless 
checks by dishonorably failing to maintain sufficient funds in his checking 
account.  Sentence adjudgcd on 3 Jan 97:  Confinement for 30 days, reduction to 
4 Aug 94 - 3 Apr 96  Lackland AFB  4  (Initial) 

g. Record of SV: 
h. Awards and Decs:  AFOUA W/2 BOLCS, NDSM, AFTR. 
i. Statement of Sv: 

TMS:  3 years 0 months 8 days 
TAMS:  2 years  1 1 months 2 days 

4.  BASIS ADVANCED FOR REVIEW: 

I'm currently trying to persue my college degree.  I paid into the Montgomery GI Bill and I should 
be entitled.  During my military career I made some bad decisions.  I was young, dumb and didn't 
have a family yet.  Now I do have a family and a purpose.  I currently work for Social Security 
now.  I have a career and I want to continue to grow.  I can't afford college on my own and I need 
some financial help.  In order to be entitled to the GI Bill  I need an Honorable Discharge.  I need 

ATCgur help. 

1.  Leave and Earnings Statement. 
2.  Trainee Evaluation Form. 

DEPARTMENT OF THE AIR F O A ,  
AIR IDDUCATION ANDTRAININ0 COllMAND 

MEMORANDUM  FOR  AB 

FROM:  37 SVSICC 

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a Q  MY 1997 

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SUBJECT: Addendum to Notification  Memorandum dated 30 Apr 97 

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1.  On 30 Apr 97, you were notified that I was recommending that you be discharged from the 
United States Air Force for Unsatisfactory Duty Performance for failure to progress in 
on-the-job training and A Pattern of Misconduct according to AFPD 36- 32 and 
AFI 36-3208, paragraphs 9.263 and 5.50.  The reason remains the same, but yow Notification 
Memorandum should have stated that the primary reason for discharge is paragraph 5.50, A 
Pattern of Misconduct.  The commander exercising SPCM jurisdiction or a higher authority 
will decide whether you will be discharged or retained in the Air Force. 

2.. You still have the right to counsel.  Military Legal Counsel has been obtained for you.  I have 
made an appointment for you to consult  #a c 

at Building Number 1000, on 

\ul at 0900  hours.  You may consult civilian counsel at your expense.  If employed, 

,o 2 

civilian counsel must be readily available. 

3.  You still have the right to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me within three workdays, unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

4.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do. 

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5,  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 your unit Orderly Room. 

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

Attachment 
Airman's Receipt of Addendum to Notification Memorandum 

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Commander  1- 

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*  FD2005-00394 

DEPARTMENT OF T'HE AIR  FORCE 
AIR LWCAllON AND TRAINING COMMAND 

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'8 !I APR  1 9 ~ 7  

MEMORANDUM FOR  ...................................... 
FROM:  37 SVS/CC 

SUBJECT: Notification Memorandum 

1 ,  I am recornending your discharge from the United States Air Force for Pattern of 

-  Misconduct, andUnsatisfactory Performance, failure to progress in on the job training.  The 
authority fox this action is AFPD 36-32 and AFT  36-3208, paragraph 5.50, and 5.26.3.  If my 
recommendation is approved, your discharge will be described as an $onorable or &der 
'honorable '6onditians (general) and you will be ineligible for reenlistment in the Air Force. 

1 

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2.  My reasons for this action are: 

a.  On diversc occasions, between on or about 22 Apr 96 and on or about 18 May 96, you 
were derelict in the performance of your duties in that you willfully used your American Express 
card, while not on official temporary duty, in a total amount of $1800, for which you received 
Article 15 punishment on 16 Jul96 consisting of reduction to E-2 (Airman) and 15 days extra 
duty. 

b. On diverse occasions, between on or about 18 Aug 96 and on or about 17 Sep 96, with intent 
to defraud and far the procurement of lawful currency and other things of value, wrongfully and 
unlawfirlly made and uttered to the Army Air Force Exchange Service, eleven checks upon the 
Nations Bank of Texas in the total amount of $2,222.18.  As the maker of those checks, you 
knew that you did not or would not have sufficient funds in or credit with said bank for payment 
of these checks in full upon their presentment.  On 3 Jan 97 you plead guilty to violating Article 
134, worthless uttering of checks by dishonorably failing to maintain sufficient funds, and you 
were in fact found guilty.  For this you received a reduction to E-1 (Airman basic),  30 days 
confinement, and 3 months hard labor without confinement. 

c. Second failure in Career Development Course, end-of-course test.  On 26 Aug 96, you 
received a scare of 62 percent, when the passing score was 65 percent.  This constituted your first 
failure.  On 4 Nov 96, you received a score of 58 percent, when the passing score was 65 percent. 
This constituted your second failure. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the Air Force. 

3.  You have the right to consult cowsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel (ADC) at Bldg 7024 
at a . You may consult civilian counsel at 
2nd floor on 
your own expense. 

0 I  -w,~ 

I 

4.  You have the right to submit statements in your own behalf.  Any statements  ou want the 
separation authority to consider must reach me by (allow 3 workdays) 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

,O 5  MAY l2Jl  dess 

5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6,  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 your unit orderly room. 

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

Commander 

Attachments: 
1.  AF Form 3070,16 Jul96 
2.  AJ? Form 1359,3 Jan 97 
3.  AF Form174,ll  Sep 95 w/atch 
4. LOR, 3 Oct 95 
5.  LOR, 14 Nov 95 
6.  Ltr dated 17 Nov 95 from Comms~uder 
7.  LOR, 3 Jul96 
8.  LOC, 7 Aug 96 
9.  LOC, 7 Aug 96 
10.  CDC End of Course Results, 26 Aug 96 
----------- 'yvlatchs 
11.  Undated Ltr fiom ~ r [ - - - - - - - - - -  
12.  CDC End of Course Results, 4 Nov 96