AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M E  OF SERVICE MEMBER (I,AST, FIRST MIDDLE INITIAL) 
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L - - - - - - - - - - - - - - - - - - - - - - - - - -  

TYPE  UOTH 

PERSONAL APPEARANCE 

NAME OF TOllNSEI.  AN11 OROHLANIZATION 

YES 

No 

X 

I 

I 

CHAIW 

MSGT 

APSNJSSAN 
---------------- 

'-..-..-..-..-..I 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COIJNSEL 

MEMBER SITTING 

HON 

GEN 

I  UOTHC 

( 

O.I;ILR 

VOTE OF THE BOARD 

- - 
I 

I)bNY 

Advise applicant of the decisioil of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
application to the AFBCMR 

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

550 C STREET WEST, SIJITE 40 
IMNDOLPH AFB, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

ShLHhIAHY OF THE AIR FORCE PERSONNEL C'OIINCII. 
AIR FORCE DISCHAHGF  HFVIEW  BOARD 
1535 COMMAND DR. C.k  WING, 3RD FLOOR 
ANDREWS ACH, MD 20761-7002 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLIMBEH 

FD-2006-00247 

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: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He contends that he had charges pending against him by the State of Arizona.  He had not been 
convicted prior or up to the date of his discharge from the Air Force.  The records indicated the applicant 
received an Under Other Than Honorable Conditions (UOTHC) discharge for Misconduct - Sexual 
Perversion on November 20,2000.  Applicant was represented by counsel and exercised his right to an 
administrative discharge board which convened on October 6,2000.  The board recommended the applicant 
be discharged from the Air Force with a UOTHC characterization.  The records also indicated applicant had 
submitted a retirement application.  The retirement application was considered and disapproved  by  the 
Secretary of the Air Force on November 20,2000.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

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. 

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 MSGT)  (HGH MSGT) 

1.  MATTER UNDER REVIEW:  Appl recld a UOTHC Disch fr USAF Davis-Monthan AFB, MT 
on 20 Nov 00 UP AFI 36-3208, para 5.52.1 (Misconduct -  Sexual Perversion). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Apr 61. Enlmt Age: 17 11/12.  Disch Age: 29 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-64,  E-68,  G-44,  M-69. PAFSC: 2A471 - Aircraft Guidance &  Control 
Craftsman. DAS: 17 Mar 97. 

b.  Prior Sv: (1) AFRes 8 Feb 79 -  25 Jun 79  (4 months 18 days)(Inactive). 

(2) Enlisted as AB 26 Jun 79 for 4 yrs.  Reenlisted as SrA 25 

Feb 83 for 4 yrs.  Extended 25 Mar 86 for 33 months.  Extended LO Jul 88 for 12 
months.  Reenlisted as SSgt 2 Oct 89 for 4 yrs.  Extended 1 May 90 for 1 month. 
Reenlisted as SSgt 26 Mar 93 for 4 yrs.  Svd: 16 yrs 10 months 25 days, all AMS. 
A m  -  26 Dec 79.  A1C -  26 Jun 80.  SrA -  1 Mar 82.  SSgt -  1 Jan 88.  TSgt -  1 
Jan 95.  APRs: 9 , 9 , 9 , 8 , 8 , 9 , 9 , 9 , 9 , 9 1 9 1 9 1 9 .   EPRs: 5,5,5,5,5,5. 

3.  SERVICE UNDER REVIEW: 

a ,   Reenlisted as TSgt 21 May 96 for 3 yrs.  Extended 25 Jun 98 for 14 

months.  Extended 19 Jul 00 for 4 months.  Extended 11 Dec 00 for 1 month. Svd: 04 
Yrs 06 Mo 00 Das, all AMS, 

b.  Grade Status:  MSgt -  1 Jul 98 

c.  ~ i m e  Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 29 Jun 95 -  28 Jun 96  Spangdahlem AB 
29 Jun 96 -  01 Mar 97  Spangdahlem AB 
02 Mar 97 -  01 Mar 98  Davis-Monthan AFB  5  (Annual) 
02 Mar 98 -  01 Mar 99  Davis-Monthan AFB  5  (Annual) 
02 Mar 99 -  01 Mar 00  Davis-Monthan AFB  5  (Annual) 

5  (Annual) 
5  (CRO) 

h.  Awards &  Decs:  AFAM W/3 DEVS, AFCM W/1 DEV, MSM, AFLSAR  W/4 DEVS, AFTR, 

SWASM W/2 DEVS, AFSM, AFOSLTR W/2 DEVS, NDSM, HSM, NCOPMER, NATOM, AFOUA W/VALOR 
W/4 DEVS, AFGCM W/6 DEVS. 

i.  Stmt of Sv:  TMS:  (21) Yrs  (09) Mos  (13) Das 
TAMS:  (21) Yrs  (04) Mos  (25) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 2 2   Jun 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Seven Character References. 
3. Retirement  Order. 

I 

~

 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE llNlTED STATES 

Iflease reed insmrcthns on Pbges 3 nnd 4 BEFORE complbting thh applcnrkn.) 

OM8 Na 0704-0004 
OM6 eppmval aXp/ll?E 
Aug 31,2008 

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gmthuing nd d n k h h g  h. d#m r&, 
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of  M6miaUon.  lmludng ugo8Hion8 for ndwlng tha bur&.  ta th. L b p u m h  of D.hnu. Urwk -4 
RHponbrm M d
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any od~w 
 EWRN YOUR  FORM TO  THE ABOVE  ORQANlZATIOW.  REfURN COMfWZCD FORM TO THE APPROPRIATE ADDaIUI  ON BACK  OF TH18 
PLEASE z
PAGE. 

mprdhg PM* budmn 8mlm.u  or 4ny atw upcl d tM. d

.nd comp*clng and nvlrwlng ch. dkabn or Inhmdm. Swd 

a l p l ~ y ~ c u n r n ~ v J ) d D M B c w r t m l n w n k r .  

0k.sap.u  (07-). 

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PRIVACY ACT STATEMENT 

10 U.S.C.  1663; E,O.  9397. 

AUTHORIIX 
PRINCIPAL #IRPOSE(S):  To apply for a Change In  the characterization or  reason for rnilltatary discharge issued to an indivlduel. 
ROUTINE UBE(S1:  None, 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede procs~lng of this application.  The request for 
Social Sscurltv Number is strictly to aaaure proper identification of the hdMdual and appropriate mords. 
L 
1.  APPUCANT DATA  (The person whose discharge is to bs reviewed.  PLEASE PRINT OR TYPE INFORMATION. 
I AIR FORCE 
a.  BRANCH OF WIVIC~~ f ~ o m /  I 
.-------------------------- 
b.  N A N  (Lmt, W ,  MMdk InllblI 
.2.  DATE OF IHSCHAROE OR ~EPARATION  4.  DWHARGE  c ~ ~ ~ ~ c m m n o t i  

a.  ORAWRANK AT DISCHAAQE 

I  MARINE  CORPS 

I COAST GUARD 

d SOCIAL SE+F!?YWM-F! 

E~IMSGT 

1 ARMY  I 

1 NAW 

rri- 

.  . 

I 

- 

IX m) 6.  BOW ACTION  REQUESTED  IX onal 

IYYWMMDDI I &to  h mn thsn 16 ye# 

3.  UNlT AN, LOCATION AT lnSCHARC# 

I 358 FS DAVIS-MONTHAN AFB 

ORSEPMA~ON 

I 

I 

I 

I 

 

OR CHANGE IS RH1UESTEb AND &STIFICATlOW  FOR THE REQUEST Icontinus in hem  14.  Sss I n s r ~ t b n a  on 

8.  ISUES:  WHY AN U P G ~
I fte"P"mf  'discharge was unfair for numerous masons. I applied for and was approved fbr tethment on 30 June 2000. Afber my 
retirement was app~~ved 
with an "under other than honorable" characteridon. I bad charm pending against me by the State of Arizona I had not been 
convicted vrior or up to the dak ofmv discharge. I bad no judicial or-non-iudic%~l vrocetdinm bmuaht a&t 

. .  tive bold due to legal issues with the State of Arizona and eventually discharged 
me by the Air Force. 

I was placed on adnmmhn 

7 .  (X if applicable/  AN APPLICATION WAS PREVIOUSLY SUBMIlTED ON IYWYMMDD) 

8. 

I 

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

IN SUPPORT OF THlS APPLICATION, 
H mll/~ory documento ar medkel records om rslevanr  to your  cr94. p h m  osnd coplea.) 

FOUOWING~ACHED DOCUMENTS ARE SUBMIlTED AS EVIDENCE:  (Continue h hem  17. 

IS88 Y m  10 of tho Imtrucrkm about C w n s e U ~ o t i ~ ~ . )  

d.  FAX N W Y R  llndude A m  Code) 

N I A  

I 

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

/Fonvoml r w t f i a h  of any chaw= tn mddm.) 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

s.  FAX NU&ER 

13.  CERTIFICATION.  I make the fongplng .t-I. 

a put of my ddm, wlth MI knowh 

pnWu involved br vdfdiy m a g  a f d m  100-t 
ant? ltW?, provida that an fndivldual shall be fimd under ths Dt/e w rmprfsonsd not more than 6 veers, 
or both.] 
,------.-------*-------------- 

Us. Code, 77th  ?B, Wt%zf2"8'? 
b.  DATE 810NEO - REQUIRE0 

a.  glQNAfWIE. REQUIRED  1AppVmnt or w o n  h Item  11 ahvd 

or 

~ / m Z Z A n . ~ o d e /  

NIA 

CASE NUMBER 

(Do not  wriie In this space.) 

t 

I 1 Paw 1 of 4 Pages 
I  . 

DD FORM 293, MAR 2004 

- - - - F - - - - - - - - - - - - . - - - - - -  

l WWMMDD) 
p2'oa~b;td 

14 CONnNUATlON OF IEM 6.188UEB  (If aPpnc&%I 
I ww simply given an "under other than honorabla" discharge. Throughout my car#r I have been professiod, honomble, and kept 
my integrity. My persoonel fccords reflect my character. I had ltttm of support h m  friends, family and coworkars, but my 
rnilitafy counsal did not feel it necessary to present them at my discharge hearing. Copies of the letten are attached. I also was 
presented with a Meritorious Servica Madal by my Pit S q t a n t  even after my disharge was approved by the mview b o d  I put 
in over twenty-one years of exemplary service with no negative marks on my record The Air Force was my life and part of my 
family and it hurt tremendously to be diachtvged in the manner that I was. I believe that my pending legal issues, did not justify my 
administrative discharge and should not overshadow my twenty-one years of exemplary service. 

I 

MAIL COMPLETED APPUCATlONS TO APPROPRIATE ADDRESS BELOW. 

I 

ARMY 

Army Review Boards Agency 
Suppon Division. St. Louii 
9700 Page Avenue 
St.  louir, MO  031 32-6200 
(See http:l/srlJa.lvmy.pantagon.mll) 

AIR FORCE 

Air Force Review Boards Agency 
SAFlMRBR 
550-C Street West,  Suite 40 
Randolph AFB, TX  78 160-4742 

DD FORM 293, MAR 2004 

I-- 

I 

NAW AND MARINE CORPS 

Navd Council of Personnel Boarda 
720 Kennon Streat, 8.E. 
Room 309 (NORE) 
Wa.hington  Navy Yard,  DC  20374-6023 

- -  
U.S.  Coast Guard 
CommMdunt (&WPM) 
2100 Second Street,  S,W, Room 5500 
Washington, DC 20683 

- - .- 
COASTGUARD 

. . . . - - - 

I 
Pam 2 of 4 Pam 

@ 

DEPARTMENT OF THE AIR r I :tCE 

358TH FlGHTER SQUADRON (ACC) 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

@ 

/%--~zq7 

FROM:  358 FSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically commission of a serious offense, according to AFPD 36-32 and AFI 36-3208, under 
the provisions of paragraph 5.52.1, sexual perversion.  Copies of the documents to be forwarded 
to the separation authority to support this recommendation are attached. 

2.  My reasons for this action are that between on or about July 1996 and on or about 
28 February 1997, at or near Spangdahelm Air Base, Gmany, you sexually abused your son, 
--------- 
: who was 4 years old at the time, on divers occasions, by fondling his genitalia during 
'. -. . . . . . .'? 
baths, showers, and in your bed.  Also, between on or about 17 March 1997 and on or about 
7 June 2000, at or near Tucson, k z o n a ,  you sexually abused your son,  ------,, 
occasions, by fondling his genitalia, performing oral sex upon him, and having him perform like 
acts upon you.  Additionally, beginning on or about 17 March 1997 and continuing through 
1999, at or near Tucson, Arizona, on divers occasions,, you accessed and downloaded child 
pornography from the Internet onto your personal computer.  As a result, you are facing criminal 
prosecution by civilian authorities. 

: on divers 

- - - - - - - - 

3.  This action could result in your separation with an undw other than honorable conditions 
(UOTHC) discharge.  I am recommending you receive a UOTHC discharge.  The commander 
exercising SPCM 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 Air Force and will probably be 
denied enlistment in any component of the armed forces and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 
b.  Present your case to an administrative discharge board. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 
e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any rights. 

Government Exhibit  3 

@6alpowtw  3 o r  J m r k a   Page Offered  1 
1  3 
pe -,  ~~APGS 

Page Rejected  - 

Page Admitted 

i 

- 

5.  The Area Defense Counsel can be reached at 228-5664 to assist you.  You can call to setup a 
time to consult with military legal counsel.  Instead of the appointed counsel, you may have 
another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 5 1-201.  In addition to military counsel, you have the right to 
employ civilian counsel,  The Air Force does not pay expenses incident to the employment of 
civilian counsel.  Civilian counsel, if employed, must be readily available. 
6.  Confer with your counsel and reply, in writing, by  dg sE~'  02 , 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 own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation.  If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing, 

7.  You have been scheduled for a medical examination,  You must report to the Physical Exams 
I  3 SEg Q a 
Office of the Aeromedical Facility, Bldg 400, Room 13, at  ! 43 Q 
for the examination. 

on 

8.  You must report to the Military Personnel Flight (MPF), Separations Element, Bldg 3200, Rm 
14 at QgaB 
questions, please call 228-5366. 

for an outprocessing briefing.  If you have 

FE f 03 

on 

9.  Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208, is available for your use at your unit orderly room.  Return the directive to 
the orderly room when the case is completed. 

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

1 1.  The discharge board or the discharge authority will make the findings and recommendations 
required under 10 U.S.C.  2005(g). 

12.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
1,  Supporting Documents 

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

a.  Statement of! - - - - - - - - - - - - - - - - i 12 Jun 00 (3 1 Pages) 
5  12 Jun 00 (47 Pages) 
b.  Statement of 
c.  Mental Health Record, 20 Jun 00 (3 pages) 

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

2.  Airman's Receipt of Notification Ltr