AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECC  OF PROCEEDINGS 

3Uf.  2-4  s9ye 

IN THE MATTER OF: 

DOCKET NO:  97-03408 
COUNSEL:  None 
HEARING DESIRED:  NO 

Applicant requests his general discharge be upgraded to honorable. 
Applicant's submission is at Exhibit A. 
The Air  Force Discharge Review Board  (AFDRB) denied  applicant's 
request  on  10 October  1997. 
In  accordance  with  policy,  the 
application was forwarded to this Board for further consideration 
(Exhibit C).  The AFDRB Brief was forwarded to the applicant for 
review and response (Exhibit D).  As of this date, no response has 
been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient  evidence  of 
error or injustice to warrant  corrective action.  The facts and 
opinions  stated  in  the  AFDRB  Brief  appear  to  be  based  on  the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive  evidence applicant was denied  rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will  only be  reconsidered upon the presentation of  new  relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members of the Board Ms. Martha Maust, Mr. Robert W. Zook and Mr. 
Kenneth L. Reinertson considered this application on 23 July 1998 
in accordance with the provisions of Air Force Instruction 36-2603 
and the governing statute, 10 U.S.C. 1552. 

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W T H A  MAUSTL 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records  . 
C.  AFDRB Brief 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBERS SITTING 

493.33 

37 10 10 

A67.90 

FD97-00334 

Case heard at Washington, DC. 

Advise applicant of the decision of the Board,the right to a personal appearance with counsel and the right to submit an application to the AFBCMR. 

.5. 

SAflHBR 
550 C Stael Wrrr. Sui10 40 
RANDOLPH AFB, TX 7mamz 

FROM: 

SECRETARY OF ME  AIR FORCEPERSONNEL COUNCL 
AIR FORCE OWWOE WlEH BOAR0 
1535CUfdM4NOOR,fEWUlE3fAflo~ 

AFHQ FORM 0.2077, JAN 94 

(EF-Vl)(PerFORM PRO1 

, 

Previous edition will be used 

. 

ORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but 
declined to exercise this right. 

The attached brief contains the available pertinent data on the applicant and the factors leading 
to the discharge. 
FINDINGS: Upgrade of discharge is denied. 
The Board finds that neither evidence of record nor that provided by the applicant substantiates 
an inequity or impropriety which would justifg a change of discharge. 

The applicant’s issue is in the attached brief. 
Issue 1: The applicant contended a personality conflict with an officer resulted in jnappropriate 
information being used to justify the General discharge.  The Board carefully reviewed the file 
and the applicant% request for upgrade,  but could find no  evidence to  support the contention. 
The Board concluded the misconduct described in the applicant’s record warranted the General 
characterization. 
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 h l l  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. 

1 Attachment 
Examiner’s Brief 

’-. 

I 

I 

AFHQ  0-454, FEE 77 

DEPARTMENT  OF THE  AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDBEWS  AFBr  MD 

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=m-= 
1.  MATTER UNDER  REVIEW: 
39-10, para 5-47b  (Misconduct -  Pattern of Conduct Prejudiaial to Good 
Order and Discipline). 

Aipl rec'd a GEN Disch fr USAF  92/06/03 UP AFR 

Appeals for Honorable Disch. 

(Former A1C) 

2 .   BACKGROUND:  :. 

a. DOB: 70/01/24.  Enlmt Age: 17 8./12. Disch Age: 22 4/12.  Educ:  HS 

M-88, A-68, G-55, E-65. PAFSC: 64550 -  Inventory 

DIPL. AFQT:  n/a 
Management Specialist. DAS: 91/02/20. 

b.  Prior Sv:  AFRes 87/10/22 -  88/09/01 (10 mos 10 days) (In,active). 

3.  SERVICE UNDER  REVIEW: 

a.  Enld as:  AB  88/09/01  for (6)Yrs. Svd: 3 Yrs 9 Mo 3 Das, 

a l l  AMs. 

b.  Grade Status:  A1C -  91/11/21  (ART 15, 91/11/21) 

SRA  -  91/02/18 
A1C  -  88/10/18 

-. 

c.  Time Lost:  none. 
d.  Art  15's:  (1) 91/11/21, Dover AFB,  DE -  In that, you did, at or 
near Dover AFB,  between on or about 1 Sep 91 and 
on or about 31 Oct 91, steal a pair of climber 
boots, military property of a value of about 
$58.55, the property of the United States 
Government. Rdn to A1C  (susp til 20 May 9 2 )  , 
forfeiture of $100.00 of your pay per month for 2 
months. (No appeal) (No mitigation) . 

e.  CM:  none. 

f.  Record of SV: 88/09/01.  90/04/30  Ramstein 
90/05/01  91/06/27  Dover AFB 

(Initial) 

4 
4  (Annual) 

(Discharged from Dover AFB) 

g.  Awards &  Dece:  AFTR,  NDSM, AFGCM,  AFOSLTR,  NCOPMER,  SAEMR. 
h.  Stmt of Sv:  TMS:  ( 4 )   Yrs  (7) MOB  (12) Das 

TAMS:  (3) Yrs  (9) Moa  (3) Das 

4.  BASIS  ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 97/06/17 

(Change Discharge to Honorable) 

Issue 1:  Due  to a personal conflict with a Senior Officer of my last 

squadron, he used  information in my personnel file and UIF jacket that 
had already been removed from it to have unjustly discharged with a 
General  (Under Honorable Conditions). 

ATCRS 

1.  DD Form  149. 

Fmrg  436  SUPS/CC 

N o t i f i c a t i o n   L e t t e r  

I  am  recommending  your  discharge  from  the  United  States A i r   Force  f o r  

1. 
misconduct,  s p e c i f i c a l l y ,   conduct  p r e j u d i c i a l   t o  good  order  and  d i s c i p l i n e ,  
according  t o  AFR  39-10,  under  t h e   provisions  of  paragraph  5-47b. 
I f   my  recom- 
mendatLon  is approved,  your  s e r v i c e  w i l l  be  Characterized  as general  o r   under 
o t h e r   than  honorable  conditions.  .I am  recommending  t h a t   your  s e r v i c e  be-charac- 
t e r i z e d  as  general. 

My reason  f o r   t h i s   a c t i o n   i s  your  record  of  misconduct,  which  is s e t   f o r t h  

- 

2 .  
be low: 

Date 

Incident 

2  Mar  91 

3  May  91 
7 Jun  91 

Drunk  and  disorderly 

Failure  t o   go 

Action 

LOR/UIF 

LOR 

Atch - 

1 

2 

3 

4 

5 

6 

7 

a 

Dishonored  check 

Verbal  counseling 

31  Oct  91 

Larceny 

5  Feb  9 2   & 
11 Feb  92 

Failure  t o   go 

Article  15 
LOR 

20  Feb  92 

Failure  t o   go 

LOR/UIF 

*+ 

7  Apr  92 

22 Apr  92 

Failure  t o  maintain 
standards 

Record  of  individual 
counseling 

Failure  t o   obey  a  lawful 
order 

Article  15  vacation 
action 

Copies  of  t h e   documents  t o  be  forwarded  t o  the  separation  authority  i n   support 
of  t h i s   recommendation  a r e   attached.  The  commander  exercising  SPCM  j u r i s d i c t i o n   or 
a  higher  a u t h o r i t y   w i l l   decide  whether  you  w i l l  be  discharged  o r   retained  i n   the 
A i r   Force  and,  i f   you  a r e   discharged,  how  your  service  w i l l  be  characterized. 
I f  
you  a r e   discharged,  you  w i l l   be  i n e l i g i b l e   for  reenlistment  i n   the  A i r   Force. 

3.  You  have  the  r i g h t   t o   consult  counsel.  Military  legal  counsel  has  been 
obtained  t o   a s s i s t   you. 
a t   b u i l d i n g   4 4 7 ,   room  2 1 4 ,   a t  
consult  c i v i l i a n   counsel  a t   your  own  expense. 

I  have  made  an  appointment  f o r   you  t o   consult  the  ADC 

1992.  You  may 

0900 

hours  on  12  May 

Proud MAC-Support America Can Always Count On. 

c 

4.  You  have  the  r i g h t   t o   submit  statement8  in your own  behalf.  Any  statements 
YOU  want  the separation  a u t h o r i t y   to  consider  must  reach  me  by15 Hay 
unless  you request  and  receive  an extension  f o r   good  cause  shown. 
them  to  the  separation  a u t h o r i t y .  
5 .   If you  f a i l   t o   Submit  statements  In your  own  behalf,  your  f a i l u r e  w i l l   con- 
s t i t u t e  a  waiver  of your  r i g h t   t o   do  so. 
6.  Because  you  received  a  medical  examination  on 5  May  1992,  you  w i l l   not  be 
required  t o   undergo  a  s e p a r a t i o n   physical. 

I w i l l   send 

1992 

,

,

 

Any personal  information you  furnieh  i n  r e b u t t a l   i s  covered  by  the  Privacy 
A  copy  of AFR 39-10  Is 

7. 
Act  Statement  as  explained  is AFE 39-10,  attachment  6. 
a v a i l a b l e   f o r   your  use  i n   t h e  436  SUPS orderly  room. 
8. 

Execute  the  attached  acknovledgement  and  return  i t   t o  me 

1

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.

 

immediately. 

6 

I

.

.

 

Commander,  436th  Supply  Squadron 

:.$ 

, 

-1 

9  Atchs 
I .   LOR,  dated  6  Mar  91 w/atch: 

a .   AF  Form 1058 
b.  DD  Form 1569 
c .   AF  Form 1169 
d.  AF  Form 1168 

2.  LOR,  dated  3  May  91 
3.  AAFES Forn 7200-75 
4.  AF  Form 3070,  dated  21  Nov  91 

u/atch: 
a.  Alman's  r e b u t t a l  

a .   MFR,  dated  2 1  Peb  92 

b -  c.  MFR,  ssg= 
SSgt 
d.  Statement,  S r k !  
5 .   LOR,  dated  18  Feb  92  w/atch: 
6 .   LOB,  dated  25  Peb 92  v/atch: 
7 .   AF  Form 174,  dated  10  Apr  92 
8.  AP Fom  366,  dated  4  May  92 

a,  AF  Pam  1058 

v/a tch : 
a .   Airman's  r e b u t t a l  
b.  HFR, dated  28  Apr  92 

9 .   Airman's  Receipt  of  Notiii- 

cation  Letter