Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800879
Original file (9800879.pdf) Auto-classification: Denied
. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

AUG  1 4  a 

IN THE MATTER OF: 

DOCKET NO:  98-00879 

COUNSEL:  None 

HEARING DESIRED:  Yes 

Applicant  requests  his  reenlistment  eligibility  (RE) code  be 
changed.  Applicant's submission is at Exhibit A. 
On December 4, 1997, the Air Force Discharge Review Board  (AFDRB) 
denied applicant's request  to upgrade  his discharge  and  change 
the  reason  for  discharge.  The  appropriate  Air  Force  office 
evaluated applicant's request and provided an advisory opinion to 
the  Board  recommending  the  application  be  denied  (Exhibit C). 
The  AFDRB  Brief  and  advisory  opinion  were  forwarded  to  the 
applicant for review and response 
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 advisory opinion 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. 

(Exhibit D). 

Accordingly, applicant's request is denied. 
The applicant's case is adequately documented and it has not been 
shown that  a  personal  appearance  with  or without  counsel  will 
materially  add  to  our  understanding  of  the  issue(s)  involved. 
Therefore, the request for a hearing is not-favorably considered. 
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. Richard A.  Peterson 
and Mr.  Patrick R. Wheeler  considered this application 4  August 
1998 in accordance with the provisions of Air  Force  Instruction 
36-2603 and the governing statute, 10 U.S.C. 1552. 

Mdtha Maust/ 
Panel Chair 

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

. 

DEPARTMENT OF THE AIR FORCE 
HEADOUARTERS 386TH WING (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

3 0 3 K  1996 

FIPPrPIS11)6,726 ACS 

MEMORANDUM FOR A 1 

FROM:  726 ACSKC 

SUBJECT: Notification Memorandum 

I am  recommending your discharge from the  United  States Air  Force for a  pattern  of 
misconduct, specifically, discreditable involvement with  military or civil authorities.  The  , 
authority  for  this  action  is  AFPD  36-32  and  MI  363208,  paragraph  5.50.1. 
If  my 
recommendation  is  approved,  your  service  will  be  characterized  as  under  honorable 
conditions  (general). 
I  am  recommending that  your  service be  characterized  as under 
honorable conditions (general). 

My reasons for this action are: 

4 June  1996, you  did, with  intent  to deceive, make to  Staff Sergeant 
you  were  on  quarters  13 
a false official statement 
hours you  had  gone to  th 
which statement was then  known by you to be 
anuary  1996 to  on  or about  22  M 
you  cointnitted sodomy and  wrong 

woman  who was not  your wife.  As  a result  of this inisconduct, you  received  nonjudicial 
punishment under Article 15. UCMJ on  17 July  1996.  (Atch I). 

b.  On or about  IS May  1996, you  were derelict in the  performance of your  duties by 
failing to complete a task.  Specifically, you failed to put the April TDY orders in the April 
TDY folder.  On  13  May  1996, you  violated  a  quarters restriction.  As  a  result  of this 
misconduct, you received a letter of reprimand (LOR) on 4 June  I996  (Atch 2). 

c.  On  or  about  14  May  1996,  you  failed  to  go  to  your  appointed  place  of  duty 
Additionally, you were derelict in the performance of' your duties in that you  failed to  pick 
up messages as you  were  asked to do.  As  a result  of this  misconduct, you  received  ail 
LOR on  14 May  1996. (Atch 3). 

d.  On 22 April  1996. you  failed to bring in your CDCs to your supcrvisoi. as you  were 
asked  to  do.  As  a  result  of  this  miscontluct, you  rcccivcd  an  LOC  011  23  April  1996. 
(Atch 4). 

Execute the attached acknowledgment and return  it to me immediately. 

C o m m a n w t h  Air &ntrol  Squadron 

Attachments: 
1.  AF Form 3070,  17 Jul96 
2.  LOR, 4 Jun 96 
3.  LOR, 14 May 96 
4. LOC, 23 Apr 96 
5 .   LOR, 30 Oct 95 
6 .  LOC,  16 Oct 95 



Similar Decisions

  • AF | DRB | CY2003 | FD2003-00207

    Original file (FD2003-00207.pdf) Auto-classification: Denied

    The record indicates that the applicant served on active duty for 1 year and 6 months during which time he received nonjudicial punishment for making a false official statement and dereliction of duty, 7 letters of reprimand for various types of misconduct (including an arrest by civil authorities for public intoxication), 4 records of individual counseling, and a memo for record for counseling related to financial irresponsibility. Attachment: Examiner's Brief " % DEPARTMENT OF THE AIR...

  • AF | DRB | CY2003 | FD2002-0473

    Original file (FD2002-0473.pdf) Auto-classification: Denied

    ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ISSUE: The applicant does not contest the discharge; he just wants his discharge upgraded in order to join the Air National Guard. In addition, he received a Verbal Reprimand, three Letter’s of Counseling, and a Letter of Reprimand for disobeying a direct order, being late for work, failure to perform maintenance on an aircraft, financial irresponsibility and failure to file a travel voucher and making a false official...

  • AF | DRB | CY2005 | FD2004-00467

    Original file (FD2004-00467.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE ATR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD2004-00467A (Former SRA) (HGH SRA) (REHEARING) 1. h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed to complete a given task for which you received a Letter of Counseling on 23 Oct 95. : PO x20 20467 4 i, On or about 12 May 96 you was driving at an unreasonable rate of speed for which you received a traffic ticket and a Letter of Counseling on 8...

  • AF | DRB | CY2006 | FD2005-00328

    Original file (FD2005-00328.pdf) Auto-classification: Denied

    However, based upon the record and evidence provided by applicant, the Board finds the applicant's characterization of discharge inequitable. ISSUE: Applicant received a general discharge for misconduct - minor disciplinary infractions Applicant contends discharge was inequitable because it was too harsh and the DRB concurred. Although the records indicated the applicant received an Article 15, four Letters of Reprimand, three k t t e r s of Counseling, four Records of Individual...

  • AF | DRB | CY2001 | FD01-00044

    Original file (FD01-00044.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-0 1-00044 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment : Examiner's Brief DEPARTMENT OF THE A I R FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD F D - 0 1 - 0 0 0 4 4 ( Former AMN) 1 . For this, he received a Letter of Counseling (Atch 1.1); b.

  • AF | DRB | CY2002 | FD01-00032

    Original file (FD01-00032.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00032 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for discharge and change the RE Code. ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary Infractions. Attachment: Examiner's Brief FD-01-00032 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) 1.

  • AF | DRB | CY2003 | FD2000-00058

    Original file (FD2000-00058.pdf) Auto-classification: Denied

    3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2000-0058 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. Procedural Ootions: Pursuant to AFI 36-3208, paragraph 5.56, you are the Separation Authority and may take one of the following actions: (1) Retain the Respondent if you find...

  • AF | DRB | CY2004 | FD2002-0370

    Original file (FD2002-0370.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) Issue: I was issued an improper discharge because of seven minor incidents { ( 7 c ) five Letters of Reprimand and two Letters of ~ounseling}, which became a significant factor to the 4 0 0 t h Missile Unit at F.E. You received an LOR on 1 Apr 97. c. You, at or near Frailcis E. Warren Air Force Base, Wyoming, on or about 18 Fcb 97, failed to go to a Dental appointment. You received an Letter of Counseling (LOC) on 23 Peb 97 d. You were, at or near Cheyenne,...

  • AF | DRB | CY2002 | FD2001-0560

    Original file (FD2001-0560.pdf) Auto-classification: Denied

    T CONCLUSIONS: The board concludes there is no legal or equitable basis to upgrade or change the applicant’s discharge or re-cnlistment code, Attachment: Examiner's Brief FD2001-0560 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD Jeni hipes (Former A1lC) (HGH Aic) ae 1. The commander recommended the respondent be separated from the Air Force with a General Discharge without Probation and Rehabilitation (P&R). For the Government: A preponderance of the evidence...

  • AF | DRB | CY2002 | FD2002-0449

    Original file (FD2002-0449.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | A ie TYPE Be, PERSONAL APPEARANCE X RECORD REVIEW "COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO X | VOTE OF: THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY xX X X L 1 xX —