1 
1  NAME OF SERVICE MEMBER (LAST, FIRSI' MIDDLE INITIAL) 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

C-....-..-..-..-.-.----------! 
PERSONAL APPEARANCE -.... 
TYPE  GEN 
"avWBL 
No 

X 
ADDHOSS AND OR ORGANIZATION OF COllNSOL 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

i ES 

1  CRAIjL 

MSGT 

1  AFSNISSAN 

1 

X 

I 

I 

MEMBER SITTING 

X 

-- 

' $ *  

HON 

-"[ 

"  -  VOTE OF THE BOARD 
- 
CEN 

I  UOlllC  r  OTHER 

I 

DENY 

I 

I 

I 

EXHIBITS SUBMI'ITED T O  THE BOARD 

1  I  ORDER APPOINTING 'I'HE BOARD 
2  1  APPLICA'I'ION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIPICA'I'ION 
1  BRIEF OF I'ERSONNEL  FILE 
4 
COUNSEL'S  KkI  EASE TO THE BOAKI) 
ADDIIIONAL EXHIBITS SUBMH  I Ell AT TIME 01: 
PERSONAL APPEARANCE 

I  TAPE RECORDING O F  I'ERSONAL  APPEARANCE HE 

I  HEARING DATE 

I 

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 AFBCNIR. 

1  Names and voteswill be made available to the applicant at the applicant's  r e q u e s t .  
1  *  Reason and Authority 
1  +  Reenlistment Code 

TO: 

I 

SAFIMRBR 
550 C STREET WEST, SIJITE 40 
RANDOLPH APB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

PROM: 

SECRETARY OF TIlE AIR FORC 
E PERSONNkI. COIINCIL 
W ROARD 
AIR FORCE DISCHARGE REVIE 
IRD FLOOR 
ISJSCOMMAND DR, EE  WING,:^  - - - - - 
ANDREWS AFB, MD 20762.7002 

I 

(EF-V2) 

Previous edition will be used 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00304 

GENERAL:  The applicant appeals for upgrade  of discharge to honorable, change the reason and authority 
for the discharge, and to change the reenlistment code. 

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 dischargc. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  rccord  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 discharge was inequitable because it was too 
harsh.  He has also expressed a desire for upgrade of his discharge to allow for reenlistment into the armed 
forces.  The records indicated the applicant received an Under Honorable Conditions (General) discharge 
from the Pennsylvania Air National  Guard for admitting under oath to numerous violations of the travel 
regulations which includcd falsifying receipts and submitting fraudulent travel vouchers.  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 recomniendatio~~ 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 coiicludes 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)  (HGB MSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Middletown, PA on 17 Oct 
05 UP AFI 36-3209, Chapter 3, para 3.21.3 &  3.21.3.3 (Commission of a Serious 
Offense and Misrepresentation).  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Aug 72.  Enlmt Age: 17 0/12.  Disch Age: 33 1/12. Educ: BS DIPL. 

AFQT: N/A.  A-39,  E-61,  G-49,  M-48. PAFSC: 1C371 -  Command Post Technician. 
DAS: 16 Oct 01. 

b.  Prior Sv: (1) AFRes 29 Aug 89 -  16 Jul 90 (10 months 18 

days) (Inactive) . 

months 0 days, all AMS.  AMN -  17 Jan 91.  A1C -  17 Nov 91.  SrA -  17 Jan 93. 

(2)  Enlisted USAF as AB 17 Jul 90 for 4 yrs.  Svd:  5 yrs 5 

TSgt 6 May 97.  Svd:  5 yrs 9 months 28 days, of which AMS is 1 yr 3 months 17 
days.  SSgt -  29 Aug 96.  TSgt -  18 Jul 99.  No performance reports. 

(3)  Enlisted PA ANG as SrA 17 Dec 95.  Reenlisted PA ZING  as 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted PA ANG as TSgt 16 Oct 01 for 6 yrs. Svd: 04 Yrs 00 Mo 02 

Das, of which AMS is 00 yrs 08 months 01 day. 

b.  Grade Status:  MSgt -  26 Jun 03 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: MAR 04 -  Confessed to numerous violations of travel 

regulations, including falsifying receipts and 
submitting fraudulant travel vouchers. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFCM W / 1   DEV,  AFAM  W / 3   DEVS,  ARFMSM  W/4 DEVS,  SAEMR  W / 1  

DEV, NDSM W/l DEV, AFOSLTR W/l DEV, AFSM, NCOPMER, AFTR, AFLSAR W/3 DEVS. 

i.  Stmt of Sv:  TMS: (16) Yrs  (01) Mos  (19) Das 
TAMS: (07) Yrs  (04) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 04 Aug  06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

8.  W E S  

TheBoatdwWcwrJderanylssuosubrJttaQbyywprbrtodoslyl~~fordeliberatlon. Thekardwlll.Lwm~ewthecaseUr 

determinewhevrathere#eany~thatpmvldea~fauWrsdkrgyoudlseWge. However,theBmrdis~rsqulredtorespMldIn 
CmfuUymadtheIwtwtlons 
w r l ~ n g t o l s s u e s o f e o n w m t o y a , u r l e s s t h D s e ~ s n W d c r L m a p a a t e d b y ~ ~ b e b w .  
tnat psrtakl to Block 8 prbr to conrpletkrg this part of th rrppllcatbn.  If y w  nesd more space, submit sddltlonal lssues on an attachment. 

-The f d h b g & a w  is mitbcathmibhg t h t e i r ~ ~  
+tiens  Wia& P c r m y w k N a t i o -  
W e t a w n ;  PA;; %c 
~2885.-Howt1ivial-tttcymay ~ - 1 t d y  believethat t h e m  t l m t ~ p i r c d w e r e a ~ p f - t t ~  
who did not want bo h c i c i a  paapb-toothtrorgmizations;parti&lyhc 

s w r d g  my scpmdeah4he 493-Speclai- - - - - 
events o c d  bchvcen Jtdy%02snd  - 
- 
thatdidnot switiris ntcds for-the unit - - 

+ - - - - - - - - - - - - - - - - - - - - L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L L - - - - - - - - - + - - + + - - - - - - - - - - - - - - - - - - - - - -  

- - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - L L - - - - - ~ - - - - - * - - 4 - - - - - - - - L - - - - - L - - - - ~ - - + - - - - - - - - - - 2 - - - - - - - - - -  

hderselcctedforan ~ r r a k N a v i g a t u r T ~ r  

e - r h P P O ~ ~ p ~ g ~ e ~ ~ 1 ~ w ~ P r ~ t ~ e ~ C 1 ~ B ~ i n i n D t C ~ m b & ~ 2 m 0 0 2  

paperwarLrmtr~class was wnrpletaf; -IW-- 
my prevlb11~ ~r~Hee; -The ismim&-dd  bbt tawaid WPIJI~ 

positionwiththe -193 - - - 
*-July  288Z-Jin-slnt 
3pccMfQemtio1~ Wing. -Bming4hMmtiwas tzrhng my h t  and finaf c h s  formyBactrdor's degree: -My- - - - - - - 
-cmmmbat-tbttbnc ~ i n s b t m t ~ ~ ~ - s i ~ p f f b n m y  
xle#M ptitionhgfbrthe bppml exphmingthatttdsfasr c h s  wasrepaiwdonty bwme-ofthe ~~rn-dewip~ofi- 
' s - I - W ~ & W m a - ~ ~ s r  
-s.s 
m.+wsme 
Xeld aWj@b-~-fi-dfi6n ii€  fhfCii--d 
a-* wtZ,-66 
-ti-i~g-x&-C-n-&t 
moved some sW6fbfbS~iagea&iig&-6 
-AE9-i=*-t6 
-dci,IoymenC -% -ii 
- _ - - _ -  - I - - - L - - _ - - - _  _ _ - - - r _ - - _ - -   - - _ L - - 2 - _ L _ _ - _ _ _ _ - -  
my M l y  as well as sgend time with than before leaving for officer trainin.. 
- I  - - - -   - - - _ - - - - -  * _ _ + _ - - - r - - - r l - - - - - - - - + - -  

-o z=;*L3- ~ -ef= eia-g-hT&-  w-* m*-pd6f 
b- Gg-a-L.5 
P%€h-d ~ & r i 6 t ~ ~ i i i i t ~ t 6 - ~ ~ ~ ~ ~ 1  
-------. - - - - - - - - - - - - - - - - - - - - - - - - - 4 - - + - - - - -  
I6;cirZ mf dfficeljbx for my md. 
ttdGw fd ai.G "6e-  h- -+~CCii,ati. 
w-G-6k-  ~ v Y  

of rGIv'mmgg ot-any-6ih-ti posi-60-n- h-fltw- feFy-w~put-G h6r* 

" - + - - - -  and d~V-t-,-~-; -OO1l-*t-+--& to by *-&- 

b6h-e-hIN ~-Jeq; &-g-d-  ~ y - ~ s s * x  

- - - 
€Eiou&t  &-tTwoWk  I & i i i g   f6rf 6ffic3 - 
-m-y - ~ , - .  
- - 

- - - - - - - 
,j&-+~;la~-YeemE -&i &-B-&-6-l$- - - 
h- iGi-h- - - 

- - - + -  

-&------ - and rent 

- 
still mt - - - - - - - 
- - - - '- - - - - - - - - - - - - - - -  ' - - - - - " 

E-chTW)3; 

- - - +   + -  f~ends 

r - d f - - - _ _ - - - - - - - _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + + - - +  

- - I - - - - - + - - + - - - - - - - - - - - - - - - - - - - - - - - -  

- + + - - - + - - - - - r  

- r - - r + - - _ 4 - - - - - - - - - - - - - - - - - - - - - -  

n-  Ky 

e- bs 

,-.6g 

m y  

ArmyRevlawBoudoAgsncy 
Suppat Mvlsion. St.  w s  
ATrN:  SFMR-RBR-SL 
0700 Page Avemre 
St. h i s ,  MO  63132-5200 
(See h t t p : / / w b a . . n n y . ~ . m i I )  
bD FORM 293, DEC 2000 

AIR FORCE 

I 

COAST WAR0 

Naval Cwndl of Pe~onnel Boards 
720 KWW~CK~ Stmat. S.E. 
Rm. 309 (NDR6) 
w d d e  N p ~ y  Yard,  OC 
20374-5023 

SAFIMIBR 
550C Street West,  Suite 40 
Rmddph AFB, f X  781 504742 

-nt 
21 00 Second 
W-, 

(&-WPM) 

S.W. 

DC  20593.MX)l 

- 

Paga2of4Pages 

DD 0293 Continuation 
Section 8, page 1 : 

The duration of my activation was originally for a year, however in November 2003 we were 
demobillzed and still no indication of my officer school date.  I filed my final travel voucher for 
my orders and decided that I should start thinking about another unit and job. 

I applied for, interviewed and subsequently accepted another Command Post job in Texas.  This 
position was enlisted, however it was a great career o p p ~ t y  both military and civilian 
@ennaneat Cis technician position),  As opposed to the temporary position I was sitting in 
waiting for my officer training.  I 'hided to accept the position and notified my supervisor. 
Shortly after I was told that if I took this position, he (the commander) would pull my officer 
package.  My supervisor told me: to seriously re-consider as the commander was, once again not 
going to change his mind on his decision.  A h  sexious consideration I decided to turn down the 
position in Texas as I really wanted to become an officer and Navigator. 

At the time I did not know that my officer package was missing somewhere in the application 
process.  The entire officer accession program was poorly nm, beginning with the unit up to the 
Air National Guard where my unit claimed it was 'Wssing''.  I voiced my concem to my 
supervisor regarding this and to the fact that I had turned away a great opportunity.  They in-turn 
notified the commander. 

About a month later, in February 2004,i was told tbat the commander directed an investigation 
on my travel voucher I submitted ia November 2004.  When interviewed they told me I was not 
allowed to rent from a friend or anyone from the unit.  I told them that this was not explained 
during the unit mobilization briefing, nor did they include it in their financial portion of their 
mobilization handouts, 

I provided receipts for rent as requested along with copies of my travel vouchers.  I tried to 
explain I was living with fiends dwring the week in Lancaster.  Then driving home on the 
weekends to New Jersey.  I told them I had a storage unit and my post office box locally.  I had 
my mail sent to a local post office box for convenience and also to reduce any risk of being late 
on any bus.  I also explained tbat over the course of this time I tiamd over 25,000 miles on a 
car that I had purchased in Jmuary 2003, weU above the n o d  mileage.  Which was accrued by 
driving back and forth between New Jersey, Harrisburg and beaster. 

DD 0293 Cbntinuation 
Section 8, page 2: 

This intaviaw owwed jn February 2004.  I thought I provided d c i e n t  docmentation for the 
intendew.  I was told that this M e w  would be detailed in a report and submitted to the Air 
National Guard unit who was in c b g e  of those (administratively) during our mobilization.  This 
was the last time I heard about the investigation until I returned from my TDY to Andrms Air 
Force Base in August 2005.  At which time the Wing Executive Officer told me to expect some 
type of pqxmmk from the investigation.  1 was tdd that the Air National Guard sent the 
package baek to the Mit. No 
wanted nothing to do with it 

reason was given, but suspicions lead me to believe they 

Over my Sepkmber guard drill I bad a m&g  with my Vice Wing Corrmanb who said W 
they were going to give me a G a A  Discharge,  He said if I wanted to contest this E could. 
After brief thought and the years of problems with my position and potential officer position I 
had no desire to stay in the unit and contest.  On 17 October 2005 I was discharged from the 193 
Special Operations Wing.  I was not told the official ~n/authori:tr, for the discharge until I 
received my papenvork in late November 2005.  Subsequently, the commander who directed this 
investigation was fired for "personnel issues" he had with his people. 

I believe as my military records indicate, from my Honorable Discbarge h m  Active Duty in 
Dec 1995 through my two Honorable Discharged mobilizations (wwch occurred during the time 
of the investigation), show a individual who is capable of serving in the military.  One who is 
dedicated to his job aad his unit.  I am applying for this in hopes that someone will see what 
happens when one individual in a 'Good 01' Boy' network cast truly hurt an individual's 
potential and career with the U.S. Armed Services. 

I am requested my General Discharge be upgraded to an Honorable Discharge and tbat the 
remarks left blank.  1 would like to be eligiblcfor enlist to conthe to m e  my camtry. 

PENNSYLVANIA AIR  NATIONAL GUARD 

HEADQUARTERS 1930 SPECIAL OPERATIONS WING (AFSOC) 

MIDDLETOWN  PENNSYLVANIA 

28  September 2005 

FROM:  193 SOWICV 

8 1 Constellation Court 
Middletown, PA 17057 

SUBJECT:  Letter of Notification (LON) for Enlisted Personnel - Board Eligible 

1.  In accordance with AFT 36-3209, Chapter 3, Paragraph, 3.21.3, commission of a serious offense, 
and paragraph 3.21.3.3, misrepresentation.  I intend to recommend your discharge from the 
Pennsylvania Air National Guard and as a Reserve of the Air Force.  Your service will be 
characterized as either Honorable, Under Honorable Conditions (General), or Under Other Than 
Honorable Conditions (LJOTHC).  I will be recommending an Under Honorable Condition service 
characterization. The approval authority for this action is the Adjutant General of Pennsylvania. 

2.  The .reasons for this recommendation are: 

Base on the Command Directed Investigation data of March 2004 and prepared by Maj. 
----------------- 
;, you admitted under oath to numerous violations of travel regulations, 
including falsifying receipts and submitting fraudulent travel vouchers.  A discharge is 
authorized as appropriate for the same or similar offense IAW AFT 36-3209, Chapter 3, 
Paragraph 3.21.3.3 

3.  Copies of all supporting documents will be finished upon written request. 

4.  You have the right to consult with legal counsel.  You have the choice to consult civilian counsel 
at your own expense.  The Point of Contact for identification of military defense counsel is:. 193rd 
SOW/JA, ~&sburg Intl Airport, XlConstellation Court, Middletown, PA  17057. Their phone 
number is (717) 948-2207.  You are advised to contact this ofice if you desire assistance in 
obtaining military counsel.  A full-time point of contact will be Maj.; -- ----- ----- -----, 
' (71 7)-948- 
2202. 

5.  You have the right at any time, to submit additional statements or documents to bs considered in 
the disposition of this case.  Requests for or waiver of board hearing does not affect the right to 
submit such statements or documents at any time. 

6.  You may waive your rights in paragraphs 4 and 5 above as well as your right to an 
administrative discharge board hearing, after having the opportunity to consult with counsel.  You 
must return an attachment within 15 days after receipt of this LON showing your decision on each 
of the rights contained in paragraphs 4 and 5 above, and the right to a board hearing. 

The Voice of  the Quiet Professionals of AFSOC 

Never Seen  -  Always  Heard 

I 

' 

7.  You must execute and fenirn Attachment 1, Acknowledgment of Receipt of Letter of 
Notification, within 24 hours of receipt. 

8.  I will consider granting an extension of time to reply if additional time is needed by you or 
counsel.  You or your counsel must submit a written request for such delay, stating the reasons and 
how much time is needed. 

to acknowledge receipt or to respond regarding selection of rights within 15 days after 

9.  ~ a i l ~ e  
receipt of LON constitutes a waiver of all rights, with the result that the case will be processed 
without an administrative discharge board hearing on the information available. 

10.  Within 15 days after receiljt of LON, you must return an attachment electing one of the 
following options: 

Request for a board hearing. 
Waiver of board hearing.' 

a.  If requesting an administrative discharge board hearing, you must return an attachment 
indicating the following: 

Whether you wish to make a personal appearance. 
Whether or not you want representation by the military counsel made available. 
If you want to be represented by military counsel of your choice, you must identify counsel 
by name, grade, organization, and phone number. 
If you want to be represented by civilian counsel, you must identify counsel by name, 
address, and phone number. 
.Names, addresses, and telephone numbers, if known, of any witnesses you want to appear 
before the board, giving a summary of the expected testimony of the witnesses on the issues 
of separation or characterization, and an explanation why written or recorded testimony of 
the witnesses could not be presented to the board hearing for a fair determination of the case. 

1 1.  Your failure to appear at a scheduled administrative discharge board hearing after indicating 
your intention to make a personal appearance at such hearing will result in the case being heard by 
the administrative discharge board in your absence. 

12.  If you or your counsel needs additional time to prepare for or to attend the board hearing, you 
or your counsel may submit a written request for delay stating the reasons and how much time is 
needed. 

13.  If you wish to consult AF4  36-3209, a copy is available in the Military Personnel Flight's office 
in the headquarters building.  If you have any questions, feel fiee to contact me at (717) 861-1008. 

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

.----------------------------------------------------- 
Vice Commander 

Attachment: 
Acknowledgment of Receipt, LON