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Fa a i

COL KENNETH M. PARSONS.
COLHENRY F.DAVIS
COL FREDERICK W. HORNICK: ..
COL JAMES W. SHUMARD. II

LT COL STEVEN A. SIMON

 

FNDEK NUMBER ©

187, 90: oot

 

 

HEARING DATE ea Mag hie “| ease ntumeeR

Fg98-00311

“TAPE RECORDING OF PERSONAL APPEARANCE HEARING —

“REMARKS

Gase heard at Washington, OC

Advise applicant of the decison of the Board, thé right to a personal appearance and the tight to'submit an application to the AFBCMR.

 

 

{snus oF ieconoen ee 0 fh oS fe SIGNATURE OF iESIDENT

   

° cENNETH M. lM

 

 

ATE --98/09)25

 

-SAFIMIBR . : 7" SeeReTaRY OF ‘THE AIR FORCE PERSONNEL COUNCIL
BEO C Btrant West, Ssite 40 oo. >» AIRFORCE fIScHARGE REVIEW BOARD
"RANDOLPH AFB, TX 76160-4742 1535 COMMAND DR, EE WING ‘id Flea.

“ ANDREWS AFB MD 0331- 7002

 

     

AFHO FORM 0-2077, JAN 94 (EF-VINPerEORM PRO) 0 Previous edition will be used,
‘AIR FORCE Disc GE EVIEW BOARD’ DECISIONAL U RATIONALE
GENERAL: " e applicant appeals for vperade of charge Honorable.

The applicant was offered 'a personal : appearance before the Discharge Review Board (RB)! but ©
declined to exercise this right:

The attached brief containg the available pertinent data on the 2 aplicant and the factors leading to “
the discharge. : :

FINDINGS: Upgrade of discharge isdenied.

_ The board finds that neither evidence of ‘edond nor ‘that pfovided. by the applicant substantiates
an inequity or impropriety which would justify.a ‘change of discharge. ;

The applicant's issues are listed i in the attached brief.

Issue-1. Applicant contends discharge should be upgraded because he: Tegrets and is sorry’. for.
what he did in the past. The Board was compassionate: with, is situation, ‘but concluded that the
applicant’s misconduct during his time in the service was a significant departure. ‘from, conduct. -

expected of all military members. The characterization: of the he discharge received by ‘the applicant Ee
was found to be appropriate. :

    

Issue 2.. The applicant cited his desire to.receive ‘the: G. I. Bill benefits as justification for |
upgrade. The DRB noted that when the applicant applied for thesé benefits, he signed’ a;
statement (DD Form 2366, on July 24,1996) 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 was having. on the applicant, but. this i is not: a matter of j inequity or.
impropriety which would warrant an upgrade.

CONCLUSIONS: The Discharge Review Board ‘obiihades 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 conchides ‘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

 

AFHO 0-454, FEB 77
1. MATTER UNDER REVIEW:

Para 5.50.2
Discipliné.

2. BACKGROUND:

a.

DOB: 75/01/10.

DAS: 96/10/17.

Bis:

3.. SERVICE UNDER REVIEW:

e.

f.

g.

BELO Sv: -AFRes 96/04/19 - 96/07/09 @ months’ at days) (Inactive) .

Enld as: A1C 96/07/10. for (a), Yrs.

Grade Status:

. Time Lost: none.

Art 15%s: (1)

(2)

CM: -none,.

(Pattern of Misconduct - Conditions,
Appeals for Honorable Disch~

| Enimt Age: 21 3/12. _Disch age 22 8/12. Educ: HS: DIPL.
AFQT: N/A M-78, A-61, G-30, E-51. PAFSC: 2r231 a

DEPARTMENT: OF: THE AIR FORCE
AIR FORCE ‘DISCHARGE. REVIEW. ‘BOARD |
ANDREWS: ‘AEB, MD ne,

obi al

  
 

 
   
    
  

SAF. 97/09/23 UP AFI. 36- -3208
ejudi dal to. Good. Order and»

Appl rec'd’ a -GEN: Disch fr

 

 

Transportation. Apprentice.

 

 

2 °Yrs.2Mo 14 Das, all AMS.

  
  

AMN - (97/08/20 (art 15,

 

97/08/20, travis: AFB, CA = you ‘did, ofa 23 Jul 97 -and.

ofa 24 Jul-97, physically” control.a: vehicle, to. wit: a
passenger car, -while drunk “You; having knowledge. of a
lawful order issued by Col--+-=+-; to wit: preliminary _
Suspension of installation. driving: privileges, dated, 28
Oct 96, an order which - it: was. “your: duty to obey, did, ofa:
23 Jul. 97, fail: to. obey ‘the. ‘game* ‘by wrongfully: driving on
suspended driving, privileges, ‘Rdn to Amn, forfeiture of
$505.00 pay. (No appeat) (No: mitigation) .

 

96/11/15, Travis: ‘AFB, CR = You did, ‘ofa 28: Oct 96, at
the Main Gate physically’ ‘control. a. inotor vehicle, to
wit: a passenger. car,. while’ ‘drunk. -Rdn to’ Amn ‘(susp til
14 May: 97), forfeiture’ ‘OL. $300. 00: pay per month for 2

months, and 40: days" extra duty. - (No appeal) {No
mitigation). cy

Record of SV: none.

Awards & Decs:

“(Discharged from Travis AFB)

APTR.
h. Stmt of Sv: TMS: (1) yrs (5) Mos (5) Das |
TAMS: (1) Yrs (2) Mos (14) Das.

__ 4, BASIS: ADVANCED: FOR. REVIEW: . Appln (DD. Fm 293), dtd 98/06/14.
“" (Change Discharge to Honorable) ©

resue 1: I was in college before I joined and was the main reasof td d.
I'd like to further my education. ee

Issue 2: I deeply regret and am sorty for what I-did but the: ‘past: i:
past! I believe with a “Honorable” ="will greatly: contribute to t ai

ATCHS . yg

Je

1. DD Form 214,

-98/09/03/ia
FROM: 60 APS/CC
80.Ragsdale Street.
_ Travis AFB CA 94535-2941.

SUBJECT: Notification Memorandum.

   
    

1. Lam recommending your discharge from the. United States Air Force for a Pattern of: ce

Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this.
action is AFPD 36-32 and AFI 36-3208, paragraph. 5.50.2." If my recommendation is
approved, your service will be characterized-as ho orable, general or under other than:
honorable conditions. | am recommending ‘that your ‘service be characterized as.
general. ° at Big ae os - oo

2. My reasons for this action are:

a. You-did, at Travis Air Force Base, California, on or about 28 Oct 96,-at the Main.
Gate physically control a motor Vehicle, ‘to wit: © €, passenger: car, while drunk, ‘in:
violation of Article 111, UCMJ. For this. offense, you ‘received: an Article 15, dated
15 Nov 96, which was placed in an unfavorable information file (VIF). Punishment -

. Gonsisted of a suspended réduction to the grade of airman, forfeiture of $300:00 “pay
per month for 2 months, and'40 days extra duty (Atch 4, Tab 1).

b. You did, at Travis Air Force Base, California, between on or about 23 Jul 97 and
on or about 24 Jul 97, at Tunner ‘Street physically. control: a. motor vehicle, to wit: a.

passenger car, while drunk, in violation of Article 111, UCMJ.

c. You, having knowledge  of-a lawful order issued by Colonel inner *
to wit: preliminary suspension of installation driving, privileges, dated 28: Oct 96, an.’
order which it was your duty fo obey, did, at Travis Air Force: Base, California; on or:
about 23 Jul 97, fail to obey the same by wrongfully’driving on suspended driving
privileges, in violation of Article 92, UCMJ.. For this offense and the offense. in
‘Paragraph. 2b, you received an Article 15, dated 20 Aug 97 (placed in UIF) and:a
control roster action was initiated. Punishment consisted of reduction to the grade: of
airman and forfeiture of $505.00 pay (Atch2; Tab‘). 9

   

3. Copies of the documents to be forwarded to the separation authority. in Support of
i this recommendation are attached. The commander exercising SPCM jurisdiction ora a
tn ar Meera PTE

. and if you are dis¢

4. You have the right to consult: counsel. Military legal 20

1130 for-a separation examination.’ You ‘also. have a Prima :

  
  
 
  
 
  
  
 
   
   

EST a,

discharged, you will b

assist you. | have made an nt for you to. consu
Area Defense . Counse

California, 94535-247
05 SEP 199?"

5.- You have the right | to subrnit statements on your behalf. Any

the separation: authority to. consider: must reach me aby (thre
this fetter) o

request and ‘Sosive an ‘xin for: good ¢ cause. a
submit to the separation: authority.

 

6. If you fail to consult: counsel. OF to submit statements on ye

cana
constitute a waiver of your Fight to do. so. PEE

 

toe, , Physical Exams $i ior

7. Report to-gigpesiaiantas
3 Clinic appoinimen

   

 

Ong 3.sep_ 1997" consult with'a physician.

   

8. Any personal information you. furnish in rebuttal, is covered " the Filvacy" ‘Act Of
1974. A copy of AFI 36-3208 is available:for your. use. in: the orderly room:

9. Execute the attached acknowledgment and return it to mie immediately.

 

Commander

Attachments:
1. Article 15, 15, Nov 96: wiAtchs -

2. Article {5/UIF, 20 Aug 9o7 w/Atchs
_ 3. Other Derogatory Data:

60 MDOS/SGOHS Memorandum, 41 uy 97 —
or
‘)

 

 
  
  
 

MEMBERS SITTING

  

COL KENNETH M. PARSONS
 |COLHENAYF DAVIS
[COL FREDERICK W.HORNICK
| COL JAMES W. SHUMARD iil
LT COL STEVEN A. SIMON
RAVES 92.21, AQ4.53

 
 
 
 
    
   

  
   
     

 
 
 

| eves nuneEr”

AG7.10

 
 

HEARING DATE.

   

CASENUMBER -°

FD98-00245

      
 

 

REMARKS

‘Case heard at Washington, DC

    

‘Advise applicant of the decision of th e Board, the right to.a personal appearance and the right to submit a application to the AFBEMR.- | 2

   

 

 
   
  
 

en OF RECORDER

eo
IAL, sHUNaRD tf col oh eae

SAEIMIBR . SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550.6 Streot West, Suits 40

i : AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78160-4742 1835 COMMAND DR, EE Win’ 3rd Floor

ANDREWS AFB Mo 20331-7062

   

  
  
 

: SIGNATURE OF BoARD PRESIDENT :

“nin | Lon,

{ene M. PARSONS, COLONEL, USAF

     
   
  

 

 

| FROM:

   
     
    
  
 

 

       

 

‘AFHO FORM 0-2077, JAN 94 (EF-V1 (Perf OAM PRO}

’ Previous edition will be used:
. AIR FORCE DISCHARGE REVIEW BOARD DE

 

GENERAL: The applicant appeals for upgrade of dischange to Honora ] e.

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

The attached brief. contains the available pertinent data. on the applicant and the factors leading to a
the discharge. he Pa :

FINDINGS: ‘Upgrade of discharge is denied. Be ee

_ The board finds that neither evidence of: record Hor that provides by the: applicant substantiates
an inequity or impropriety which would justify a change. of discharge:

The applicant's issues-are listed in the attached brief.

Issue. 1: Applicant contends discharge was results because: thétes ‘was no: oi qualified re reason: for 3
the discharge and he had requested atrial by court-martial. “The ecords indisated the: applicant » -
received an Article 15 (for which he waived his rights to-a court-marti accepted non- : -

judicial proceedings under Article 15, UCMJ), two Letters of Rep and, and. two: Letters of.
Counseling for misconduct. The DRB opined that through these. I strative actions;.the-
applicant had ample opportunities to change his negative. behavior. The applicant failed to. -
substantiate the issue. The Board concluded the miscoriduct was a’ ‘significant departure‘from

conduct expected of all military members. The characterization of the discharge réceived by the -
applicant was found to be appropriate.

 

Issue 2 applies to the applicant's post-service activities. The DRB was pleased to- see that the
applicant is interested in joining the Air Force Reserve, is doing well at-college and has a. good

job there. However, no inequity or impropriety in-his discharge Was: ‘suggested or found in the:

course of the hearing. The Board concluded the misconduct of the. applicant. appropriately
characterized his term of service.

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 a
equitable basis for upgrade of discharge, thus the applicant's. discharge should not be changed. -

Attachment:
Examiner's Brief

 

AFHO 0-454, FEB 77
DEPARTMENT OF. HE AIR FORCE
AIR FORCE DISCHARGE. REVIEW. ‘BOARD
ANDREWS: AFB ;. MD.

(rei i: tena odie

 

1. MATTER: UNDER REVIEW: Appl rec'd a GEN” Disch. fr. USAF. 97/01/07 UP. aE

“para 5.49 (Misconduct ~ Minor Disciplinary | Infractions) . Appeals - for. He
Disch.

 

2. BACKGROUND:

a. DOB: 75/07/29. Enlmt Age: 18 4/12. _Disch Age: 21 5/12. Educ: HS ‘DIPL

AFOT: N/A M-34, A-63, G~34, E-45. PAFSC: 27031 = Traffic Management: Apprentice.
DAS: 96/02/24,

b. Prior Sv: AFRes 93/12/20 ~ 94/08/17 ‘ieee 28 days) (Inactive

3. SERVICE UNDER REVIEW:

 

a. Enld as: AB 94/08/18 for (4) Yrs. Svd: 2 YES 4 Mo. 21 Das, all AMS.

b. Grade Status: AMN - 96/10/03 (ART 15, 96/10/03)
Alc - 95/12/18. -
AMN - 95/02/18

c. Time Lost: none.

d. Art 15's: (1) 96/10/03, Hickam AFB, Hawaii - You, did o/a 19 sep. 96,
w/o auth, fail to go'at the time prescribed. tO”. your. et
appointed place of. duty. Rdn to Amn, and: 14 days ext fois ee
duty. (No appeal) (No mitigation).

    

e. CM: none.

f£. Record of SV: 94/08/18 96/08/28 Hickam AFB 3 (Initial)
(Discharged from Hickam AFB).

g. Awards & Decs: NDSM, AFOSTR, AFTR.

h. Stmt of Sv: TMS: (3) Yrs (0) Mos (1B). Das
TAMS: (2) Yrs (4)Mos (21) Das

 

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 98/03/23.
(Change Discharge to Honorable)

SEE ATTACHED LETTER.
oo. ATCHS

   

1. ‘Applicant's Letter.

MEE,
tlt

* Air Force

‘Randolph AFB, TX 78150-6001 a

dismissal, | requested that | be trialed: ‘by a’ Court:/Martial., The reque Pe ee
denied. | still wish to: pursue. my career back: into: the military, a and. wi acquire @ an: —

  
 

-February.11, 1998

wa
MB

AFMPC/MPCDOA

Re: Review of Discharge of Dismissal ae

Dear Sir/Madam,

 

At the time of my discharge, knowing: that ined was no qualifie ‘reason for my”

 

attorney: if needed. |

Since that time of my. dismissal, Al. have: worked to pay: for my: y education at a. local ke
college that. am now ‘attending. While attending college | would like to:join the

Air Force Reserves, and once | get. my degree i in computer sciénce, ‘T would like
to pursue a career in the Air. Force. “
_ FROM: 15:TRNS/CC

. SUBJECT: Notification Mane :

am feooniniending: that your. ee be char zedcas General. ee

2. isan iret tee et ee

_ a. On 20 Nov 96, you. wrongfully. voinerimniaated numerous threats to and assaulted _

another member of the armed. forces.. For, this, you: received a. Letter of of Reprimand (LOR), dated. a.
. 6 Dec 96. tae a : :

b. On 3 Oct 96, you failed to: 0 to, ‘your. appointed place: of duty: at’ the time pisscribed::

For this, you received-an Article 15, dated 23 Sep: 96. Punishment consisted of reduction to the
grade of Amn, and 14 days extra duty.

c. On 14 Aug 96, you failed'to report to’ your duty section on. time. For this, you received _
an LOR, dated 14 Aug 96. t oo , .

d. -On 21 Jun 96, you failed to report to. your uty section on time? ” For this, you received |
a Letter of Counseling (LOC), dated and Jun 96.

e. On 4 Apr 96, you failed to report to your duty section on time. “For this, you received a a -
LOC,-dated 4 Apr 96. os va .

_ Copies of the documents to.be forwarded to the separation authority i in support of this : ee
. recommendation are. attached. ‘The commander exercising, SPCM Jurisdiction « or a higher .

. discharged, how your service will be characterized. Ifyou are © discharged, you ‘will be ineligible :
-. for. reenlistment in the Air Force.

 

“expense. —

Galden Legacy, Boundiess Future:. Your Nation's Air Force
4. You have the right to submit statementé i in ‘your « own ‘behialf. Any statements } you: want th

request and receive an extension for good cause shown. ‘Twill: send them to the separation
authority.

1

_ 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 s so.

6. You were previously : scheduled for a medical exiimiriation.on 16 Dec 96.

7. Any. personal information you furnish in n rebuttal j is carvers byt the Privacy Act of 1974.
A copy of AFI 36-3208, is available for: your, use’ in: thé axsealy Toon, a

 

Attachments:
. Airman’s Receipt of Notification Memorandum

. LOR, dated 6 Dec 96

. AF Forin 3070; dated'23 Sep 96 |

LOR, dated 14 Aug 96

LOC, dated 21 Jun 96

. LOC, dated 4 Apr 96 -

Aw RN e

  
 
 

separation authority to consider must reach: me within 3 workdays, by 20 Dec 96, unless you : mo