I

-·· ·--·M_,.,. ·ry	·------
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
I
NAME OF SERVJrF. MF.MRF.R  ".A"T F.111<.:T Mtnn• JII NJTJAL)	GRADE
AB	I

I	x_ 	

TYPE GEN	PERSONAL APPEARANCE	L	ECORD REVIEW
,..   ---.·
COUNSEi,	NAME Of  COUNSH. AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  Of  COUNSEL
YES	No
x

.  ----·"·  ·'-""	-·

.'.'.?J1t OF THE BOA:P .··• . > «&. -16' ·....

MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
X+* X+* Xt-*

-	-··

X+*
X+*

ISSUES	A94.05	IND•:x  NUMBER	A67.10	·. · · '- < ""'. -;JJ.l';r§,,$ll,llMrtfED TOTltl\Q..,,fRlswt- <-Jt!- 1{;•
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER Of NOTIFICATION
4		BRIEF OF PERSONNEL FILE	 	 COUNSEL'S RELEASE TO THE BOARD

-·-
HEARING DATE	CASE NUMBER

13 Feb 2006	FD-2005-00338

ADDITIONAL  EXH IBiTS SUBMITTED AT TIM E OF PERSONAL  APPEARANCE
TAPE RECORDING Of PE RSONAL APPEARANCE

- ,,- -

-

APPL,ICANT'S ISSlJE ANOTll.U BOARD'S OE(:IS!ONAL RA110NAL ARE DISCUSSEDONWE Tr/}F:I!J! ; /ff:f 'lli1	}1!VIEW BOARD DE-	\t'.fJ	;.
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR

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

rzc..--....

+  Change  RE Cod e
*  Change  Reason  an.cl,  A.qt horit)C	_,
.. !!1.    -·	l  ........... ...... ,nr. ...-..1&' nn4 nn DIGl!:comti"N'D

...	1	:<,, ', .·

".i   '·"·""''"""

- -  - -

•mY'd'..	. ;·	·::     .... .·.·      '.·<i·.'··.< ·,.,-;;,.;.;:,.-<," :	'.  >;[,::r1<f\i«\11: <- ">\:-0:<

{::•< , ...       'l "'J:  ,-		•    ·		INDORSEMENT    <	·" ........ .'".. ·	·-':1::x11 1:;.:-;1 .-;-. ! .::- ··. ·   :OAT\\:"' mm•'•'•t'

TO:

FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND PR, EE WING, 3RD FLOOR
RAN DOLPH AFB, TX 781 50-4742	ANPREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOAR D DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00338	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to 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 (ORB) 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 t hat would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitabl e because it was too harsh. The records indicated the applicant received two Articles 15, one Vacation Action, two Letters of Reprimand, and one Record of Individ ual Counseling. The misconduct incl uded financial irresponsibility on numerous occasions, failure to report for squadron detail, departed duty section without authority, failure to go and making a false and fraudulent Lodging claim against the United States in the amount of $1300.00 and in the amount of $330.00. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct was a significant departure  from  conduct expected of all military members. The characteri zation of the discharge received by the applicant was found to be appropriate.

CONCLUS IONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive req uirements of the discharge regul ation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoi ng 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	

FD2005-00338

DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AlC)

1.	MATTER UNDER REVIEW:	Appl rec'd a GEN Disch fr K.I. Sawyer AFB, MI on 17 Jan
91 UP AFR 39-10, para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority for Discharge.

2.	BACKGROUND:

a.	DOB: 23 Dec 66. Enlmt Age: 21 6/12.	Disch Age: 24 11/12. Educ: HS DIPL. AFQT: N/A.	A-36,	E- 56,	G-48,	M-58. PAFSC: 55250 - Structual Specialist.
DAS: 18 Apr 89.

b.	Prior Sv: (1) AFRes 20 Jul 88 - 14 Nov 88 (3 months 25 days) (Inactive).

3.	SERVICE UNDER REVIEW:

a.	Enlisted as AB 15 Nov 88 for 4 yrs. Svd: 02 Yrs 02 Mo 03 Das, all AMS.

b.	Grade Status:	AB - 21 Dec 90 (Article 15, 21 Dec 90)

	AMN - 24 Sep 90 (Vacation of
AlC - 15 Mar 90
AMN - 15 May 89	Article 15, 14 Nov 90)	
c.	Time Lost:	None.		
d.	Art 15's:	(1) 21 Dec 90, K. I. Sawyer AFB, did, on or about 23 May 90, presentment for approval or	MI - Article 132.	You,
by preparing a voucher for payment, make a claim	
against the United States in the amount of $1,300.00 for lodging expenses, which claim was false and fraudulent
in the amount of $1,300.00 in that you neither incurred nor were entitled to such expenses and was then known by you to be false and fraudulent.	In that you, did, on or about 4 Sep 90, by preparing a voucher and four FL-47 Lodging Certificates for presentment for approval or payment, make a claim against the United States in the amount of $330.00 for lodging expenses, which claim was false and fraudulent in the amount of $330.00 in that
you neither incurred nor were entitled to such expenses and was then known by you to be false and fraudulent.
Reduction to AB. (No appeal) (No mitigation)

(2)	14 Nov 90, Vacation, K.I. Sawyer AFB, MI - Article 86. In that you, did, on or about 7 Nov 90, without authority, fail to go at the time prescribed to your
(2)	

FD2005-00338

appointed place of duty.	Reduction to Airman. (No appeal) (No mitigation)

(3)	24 Sep 90, K.I. Sawyer AFB, MI - Article 86.	In that you did, on or about 21 May 90, without authority, fail to go at the time prescribed to your appointed place of duty.	Suspended reduction to Airman.	Restriction to the limits of K.I. Sawyer AFB, MI, for 45 days, and 45 days extra duty. (No appeal) (No mitigation)

e.	Additional: LOR, 07 NOV 90 - Failure to go.
LTR, 04 SEP 90 - Financial irresponsibility. LOR/UIF, 23 AUG 90 - Financial irresponsibility.
RIC, 05 JUN 90 - Failure to report for Squadron detail and departed the duty section without authority.
LTR, 27 MAR 90 - Financial irresponsibility. LTR, 22 FEB 90 - Financial irresponsibility. LTR, 19 JUN 89 - Financial irresponsibility.

f.	CM:	None.

g.	Record of SV: 15 Nov 88 - 14 Jul 90	K.I. Sawyer AFB	3	(Initial)

h.	Awards & Dees:	AFTR.

i.	Stmt of Sv:	TMS: (02) Yrs (05) Mos	(28) Das	
	TAMS: (02) Yrs (02) Mos	(03) Das	

4.	BASIS ADVANCED FOR REVIEW:	Appln (DD Fm 293) dtd 17 Aug 05.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge)
ISSUES ATTACHED TO BRIEF. ATCH
1.	Applicant's Issues.
2.	DD Form 214.
3.	Police Criminal History Check.
4.	Affidavit of Parentage.
5.	Certificate of Live Birth.
6.	Eight Letters of Support.
7.	Fire Department Life Saving Award.
8.	News Clipping.
9.	Certificate of Recognition.

29SEP05/ia

19 AUG 2005

All	

APPLICATI ON FOR THE REVIEW OF DISCHARGE	Form    Approved
FROM THE ARMED FORCES OF THE UNITED STATES	OMB  No.   0704-0004
!Please read instructions on Pages 3 and 4 BEFORE completing this application.)	Expires Aug 31, 2006

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, .Se-arching t!:xi:!iting data source$, gathring and maintaining the data needed, and completing and reviewing the collection of information.   Send comments regarding this burden estimate or any other aspect of this collection
of  irifotmation,  including suggestions tor  reducing the burden,  to  the  Depattrnent  of  Defense,  Eecutive  Services  and Communications  Directorate  (0704-00041.  Respondents .'>hould  be aware that notwithstanding any other provision of law, no person shall be slibject  to any penalty  for  failing to comply  with a cotJection of  information if it does not  display  a currt:!r,tJy  valid  OMB control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

AUTHORITY:  10 U.S.C. 1553; E.O. 9397.

PRIVACY ACT STA TEMENT

PRINCIPAL PURPOSE(S):   To apply for a chonge 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.
"· BRANCH OF SERVICE IX one/   I	I ARMY	MARINE CORPS	I NAVY	I x I AIR FORCE	I	I COAST GUARD
b.   NAME {Last, Firsr, Middle lnirial}	c. GRADE/RANK AT DISCHARGE	d. SOCIAL SECURITY NUMBER
E1
2.	
x

DATE OF DISCHARGE  OR  SEPARATION     4.   DISCHARGE  CHARACTERIZATION  RECEIVED  IX one}     5.   BOARD ACTION REQUESTED  IX one) fYYYYMMDO/  (If dare is more than 15 years	HONORABLE	x CHANGE TO HONORABLE
ago, submit  a DD Form  149}	GENERAL/UNDER  HONORABLE CONDITIONS	CHANGE TO GENERAL/UNDER
HONORABLE  CONDITIONS

17 January 1991

        UNDER  OTHER THAN HONORABLE CONDITIONS
CHANGE TO UNCHARACTERIZED

3.   UNIT AND  LOCATION AT  DISCHARGE	BAO CONDUCT (Special court-martial only}	{Not applicable for Air Force}
OR   SEPARATI ON		UNCHARACTERIZED	CHANGE NARRATIVE REASON FOR OTHER {Explain}	SEPARATION TO:
410th CES, Kl Sawyer, AFB
6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST !Continue in Item 14.  See instructions on
Page 3.J
I am requesting an upgrade of my discharge and my RE code for re-enlistment purposes.

It has been almost 15 years since my discharge.  I am looking for a second chance at making the Air Force my career.

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
8.	IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: !Continue in Item 17.
If military documents or medical records are relevant to your case, please send copies.}
See 8. in Addendum

9.	TYPE OF REVIEW REQUESTED (X one)

x

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME.  IAND/OR {counsel/representative} WILL NOT APPEAR BEFORE THE BOARD.
IAND/OR /counsel/representative/  WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE WASHINGTON, D.C. METROPOLITAN AREA.
IAND/OR (counsel/representative/ WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
/enter city and state}	{NOTE:  The NBvy Discharge Review Board does nor have ,, traveling panel.)
1O.a. COUNSEL/REPRESENTATIVE  !If any) NAME !Last, First,  Middle Initial) AND  ADDRESS	b. TELEPHONE NUMBER (Include Area Code}
!See Item 10 of the insrructions about counsel/representative.)
c. E-MAIL

d. FAX NUMBER {Include Ares Code}

n	n	n	n	n

11.  APPLICANT MUST SIGN IN l :OM  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}	;md relationship by  marking  a  box  below.
1SPOUSE	WIDOW	WIDOWER	NEXT OF KIN	LEGAL REPRESENTATIVE	OTHER {Specify}
12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE	b. TELEP1J t"\1t.1r 11.u111.11o r>  11  1 • .J .ll J  ,..._ ,.,/_ ,
(Forward notification of any change in address.}
c.	E-MAii

d.	FAX NUMBER (Include Area Code}
-
13.	
F o	eos-

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

Clr'r..J....&...I.l lDC     oc::nr uac::n ,,.,    ,_

...  -- ------;_ r...

11 above)	b.  DATE SIGNED - REQUIRED

[/	IYYYYMj%	/;

(	-	-	-Zott_s-	oJ	!7	OO Z> 3ll

( DD FORM 293, MAR 2004

PREVIOUS EDITIONS ARE OBSOLETE.

Page 1 of 4 Pages

14. CONTINUATION OF ITEM 6, ISSUES (If applic<Jble}	
15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)	
16. REMARKS (If applicable)
In 1990, my wife was expiercing pregnancy difficulites that Kl SAwyer AFB Hospital could not handle. She was flown to Wright Patterson AFB Ohio. She spent about a month and a half at Wright Patterson until the birth of our 1st child.
Originally, Iwas given 10 days leave by my commander.  After 10 days I drove back to Kl Sawyer.

When I reported to Kl Sawyer, my 1sg informed me that I was needed back at Wright Patterson because of more complications in my spouse pregnacy.  I was given an additional three days. When I returned to Wright Patterson, my spouses physician requested that Ispend the rest of the pregnancy down with my spouse at Wright Patterson.

Master SGT	unit 1sg at Kl Sawyer) did not like the fact that Iwas going to remain at Wright Patterson unitl the end of my wife's pregnancy. After my wife delivered our baby, I returned back to Kl Sawyer. After I returned, MSG Barnhart made sure that after any infraction that I was punished to the maximum extent.

I bounced a check at the base commissary and I lost a stripe. This was not deliberate and was due to an error in calulating our check book.

I received a speeding ticket for going 10 mph in a 5 mph zone and Iwas given a reprimmand.

Iwas late to work because of a blizzard.  My car was snowbound and unable to move.  I ended up a half hour late for work and I lost a stripe.  I was pulled from the squadron and given the choice of being dishcarged.  I requested to be discharge.  I belive that the character of discharge was to severe and also my re code was to severe.	
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:l/arba.army.pentagon.mil)
----··----------------------
AIR FORCE

Air  Force Review Boards Agency SAFIMRBR
550-C Street West, Suite 40 Randolph AFB, TX  78150-4742	NAVY AND MARINE CORPS

Naval Council of Personnel Boards 720 Kennon Street, S.E.
Room 309 (NDRB)
Washington Navy Yard, DC  20374-5023
+-------------------------1
COAST GUARD

U.S. Coast Guard Commandant (G·WPMJ
2100 Second Street, S.W. Room 5500
Washington, DC  20593	

J

t

DD FORM 293, MAR 2004	Page 2 of 4 Pages

f?EPLY TO
ATTN     OF:	410 CES/CC

SUBJECT:	Notification Letter

(	(	f1J;<665-!JD  338

(

DEPARTMENT OF THE AIR FORCE

HEADQUAR TERS 410TH 130MBARDMENT WING iSAC J K I SAWYER AIR FORCE BASE, MICHIGAN 49643-5000

TO:	AB	,  410  CES

l.	I	am

recommending your discharge from the United States Air Force for misconduct, to wit: minor disciplinary infractions . The authority for this action is AFR 39-10, paragraph 5-46. If my recommendation is approved, your service will be characterized as honorable or general. I am recommending that yom• se:rvice be chal'aC?terized as. general.

2.	My :reasons for this action are:

a.	On or about 4 September 1990, you made a claim against the United States in the amount of $330.00 for lodging expenses, which claim was false and fraudulent and was then known by you to be false and fraudulent, as evidenced by AF Form 3070 dated 21 December 1990 with attachments.

b.	On or about 23 May 1990, you made a claim against the United States in the amount of $1,300.00 for lodging expenses, which claim was false and fraudulent and was then known by you to be false and fraudulent, as evidenced by AF Form 3070 dated 21 December 1990 with attachments .

c.	On or about 21 May 1990, you did, without authority, fail to go at the time prescribed to your appointed place of duty, to wit: Bldg 531 , as evidenced by AF Form 3070 dated 27 September 1990.

d.	Your financial irresponsibility on or about 15 August 1990 when your wife wrote a check in the amount of $15.00 at the Base Exchange which was returned due to insufficient funds, as evidenced by Dishonored Check Notification dated 4 September 1990.

e.' Your financial irresponsibility during the past eight months, specif ically, February and March 1990 when you failed to pay just debts and in June and August 1990 when you wrote checks which were returned due to insufficient funds, as evidenced by Letter of Reprimand dated 23 August 1990 with attachment.

f.	On or about 9 July 1990,	you wrote TSgt			a check in the amount	of $6.00 which	he cashed on	the 20th of	July 1990. He received the check back uncashed due to insufficient funds.	You were then notified by TSgt about the returned	check and you	assured him that		you would take
care of the check on 15 August 1990. As of 20 August 1990, you still had not contacted TSgt on that matter, as evidenced by a letter from TSgt Fischbach dated 20 August 1990 with attachments .

War is our profession  -- Peace is our prod uct

g.	On or abut 4 June 1990 you failed to show up for a squadron cleanup detail and on or about 5 June 1990 you left for the day before being released from your detail, as evidenced by Letter of Counseling dated 5 June 1990.

h.	Your financial irresponsibility on or about 21 February 1990 when you wrote	a check	in the	amount of $100.00	to lLt	Scott F.	Kinsey which was returned due to insufficient funds, as evidenced by a letter from lLt Scott F. Kinsey dated 27 March 1990 with attachments.

i.	Your financial irresponsibility on or about 22 February 1990 when we received notice from Shifrin Willens Jewelers that you were $200.00 past due in payment to your open charge account with a current balance of $567.43, as evidenced by a letter from Shifrin Mi llens Jewelers dated 22 February 1990 with attachment.

j. On or about 6 September 1989 you Ticket for speeding 31 mph in a 20 mph dated 6 September 1989.

were issued an Armed Forces Traffic zone,	as evidenced	by DD Form 1408

k. Your financial irresponsibility when you wrote,failed to take care of a check written at MWR Supply in the amount of $16.50 which had been returned due to insufficient funds, as evidenced by Returned Check Letter dated 19 June 1989.

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 and if you are discharged, how your service will be characterized. If you are discharged , you will be ineligible for reenlistment in the Air Force.

3.	You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have made an appointment for you to consult Capt Drew,   the Area Defense  Counsel ,  at building  708,  room 323,  on
2 January 1991 at 0900 hours. You may consult civilian counsel at your own expense.

4.	
-'1:-

You have the right to submit statements in your own behalf. Any statements you want the separation authority to consider must reach me by
January 1991 unless you request and	receive an extension for good cause shown.	I wil l send them to the separation authority.

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.	You were scheduled for a medical examination. You were ordered to report to the 410th Strategic Hospital , physical examination section, at 0900 hrs on
1 October 1990.

7.	Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as explained in AFR 39-10, attachment 6. A copy of AFR 39-10 is available for your use in the 410th CES Orderly Room.
FL	"'"11t.P t.hP rn t  l"h Pti /::i cknowledgment and return it to me immediately.

,  tTC ,  USAF	3 Atchs
1.	Supporting documents:
a.	AF Fm 3070, 21 Dec 90 w/atchs
b. AF Fm 3070, 24 Sep 90 w/atcbs
c. Dish Ck Notif, 4 Sep 90
d. LOR, 23 Aug 90 w/atch
e. Ltr, 20 Aug 90 w/atch
f . AF Fm 174, 5 Jun 90
g. Ltr, 27 Mar 90 w/atchs
h. Shifrin Willens Ltr	22   Feb   90
i . DD Fm 1408, 6 Sep 89
j. Ret'd Check Ltr, 19 Jun 89
2.	Other DePogatory Information: None
3.	Airman's Receipt of Ltr of Notif