Search Decisions

Decision Text

AF | BCMR | CY1998 | 9801650
Original file (9801650.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

SEP  2 g 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01650 

Applicant's submission is at Exhibit A. 

The Air  Force Discharge Review Board  (AFDRB) denied applicant's 
request  on  10  July  1998. 
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 Mr. David W. Mulgrew, Ms. Margaret A. Zook, 
and Mr. Gary Appleton considered this application on 22 September 
1998  in accordance with the provisions of Air  Force Instruction 
36-2603, and the governing statute, 10, U.S.C. 1552. 

Panel Chair 

Exhibits: 

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

D E P A R T M E N T  O F  T H E   A I R   F O R C E  

H E A D Q U A R T E R S  55TH WING  ( A C C )  

O F F U T T  A I R   F O R C E  B A S E ,   N E B R A S K A  

MEMORANDUM FOR S 

FROM:  55 SPS/CC 

*- . 

_L_ 

SUBJECT:  Letter of Notification 
1.  I am recommending your discharge from the United States Air Force for Misconduct--Minor 
Disciplinary Infractions.  The authority for my recommendation is AFPD 36-32 and AFI 
36-3208, paragraph 5.49.  If my recommendation is approved, your spnice will be characterized 
as honorable or general.  I am recommending a general discharge. 
2.  My reasons for this action are: 

a.  Between 9 May and 20 September 1995, you wrongfblly used and possessed a false 
military identification card.  For this incident you received nonjudicial punishment, dated 
19 October 1995 consisting of a suspended reducti 
; forfeiture of 
$400.00 pay per month for two months; restriction 
for 15 days; and 30 
days extra duty.  (Atch 1-1) 

b.  On 23 December 1996, your 

ccount was 120 days overdue in the 

amount of $1,027.5  1.  For this incident you received a letter of reprimand, dated 13 January 1997 
(Atch 1-2) 

c.  On 7 February 1997, you wrote a check t 

taling $19.50,  with 

insufficient funds in your account.  There was a $20.00 service fee assessed and on 
18 February 1997 you still owed $39.50.  For this incident you received a letter of reprimand, 
dated 19 February 1997, an unfavorable information file was established, and you were placed on 
a control roster.  (Atch 1-3) 
Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 
3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
ea Defense Counsel, Bldg 
I have made an appointment for you to consult Captai 
323C, RM 302, Phone 4-3939, at 0830 hrs on 10 March 1997.  Instead of the appointed counsel, 
you may have another, if the lawyer you request is in the active military service and is reasonably 
available as determined according to AFI 5 1-201.  In addition to military counsel, you have the 
right to employ civilian counsel. The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  1 4   M P \ R ~ H  1447  unless you request and 
receive an extension for good cause shown.  I will 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 have been scheduled for a medid examination.  You must report to 
Group, Physical Exam Section at 0830 hrs on 11 March 1997 for the exami 
7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFI 36-3208, attachment 2.  A copy of AFI 36-3208 is available for your use in the 
unit orderly room. 
8.  Execute the acknowledgment provided and return it to me immediately./ 

Medical 

Co&ander,  55th Security Police Squadron 

Attachments: 
Atch 1-1; Nonjudicial punishment, 19 Oct 95 
Atch 1-2;  Letter of reprimand, 13 Jan 97 
Atch 1-3;  Letter of reprimand, 19 Feb 97 



Similar Decisions

  • AF | BCMR | CY1998 | 9801691

    Original file (9801691.pdf) Auto-classification: Denied

    The Air Force Discharge Review Board (AFDRB) denied applicant s request on 29 July 1998. (Atch 1-3) Copies of the documents to .be forwarded to the separation authority in support of this recommendation are attached. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | BCMR | CY1999 | 9801691

    Original file (9801691.pdf) Auto-classification: Denied

    The Air Force Discharge Review Board (AFDRB) denied applicant s request on 29 July 1998. (Atch 1-3) Copies of the documents to .be forwarded to the separation authority in support of this recommendation are attached. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | DRB | CY2003 | FD01-00282A

    Original file (FD01-00282A.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00282-A GENERAL: The applicant appeals for upgrade of discharge to Honorable and for a change in the Reason and Authority for the discharge and the RE Code. In her submission to the DRB, the applicant states her belief that she was not given sufficient opportunity to overcome her “financial situation” The DRB concluded that the characterization of the applicant’s discharge was appropriate given the nature of the...

  • AF | DRB | CY2003 | FD2003-00400

    Original file (FD2003-00400.pdf) Auto-classification: Denied

    The reasons provided in her discharge notification letter, dated 19 October 1999, were that on five separate occasions the applicant failed her career development course (CDC) examinations. The applicant's commander initially recommended a general discharge, but after receiving an oral and written response from the applicant, he amended the discharge notification on 27 October 1999, to recommend an honorable discharge. (Atch 1-3) d. On 17 December 1997, Air Education and Training Command...

  • AF | DRB | CY2006 | FD2005-00276

    Original file (FD2005-00276.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 1 - . Advise applicant of the decision of the Board 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. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2003 | FD2003-00354

    Original file (FD2003-00354.pdf) Auto-classification: Denied

    You have the right to consult counsel. In addition to military counsel, you have the right to employ civilian counsel. You have the right to submit statements in your own behalf.

  • AF | DRB | CY2002 | FD2002-0034

    Original file (FD2002-0034.pdf) Auto-classification: Denied

    In this case, the respondent’s four incidents of misconduct provide a sufficient basis for discharge. Approve discharge with a general discharge with, or without, P&R; c. Return the file to the unit with a recommendation that the respondent be processed for discharge with an under other than honorable conditions discharge; or d. Forward the file to the general court-martial convening authority with a recommendation for an honorable discharge with, or without, P&R. RECOMMENDATION: |...

  • AF | DRB | CY2007 | FD2006-00263

    Original file (FD2006-00263.pdf) Auto-classification: Denied

    Advisc applicant of the decision of the Board, tlie right to a personal appearance with/without counsel, and the right to submit an application to the AFBCWIR TO: SAFIMRBR 550 C STREET WEST, SIJlTE 40 RANDOLPH AFB, 'I'X 78 150-4742 FHOM: SECRETARY O F THE AIR FORCE PEKSONREL COUNCIL AIR FORCE UISCIIARGE KEVlEW BOARD 1535 COMMAND DR, EE WINC, 3RD FLOOR ANI)KF.WS AFR, MI) 211782-70112 INDORSEMENT DA% 3/5/2007 AFHQ FOKM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE...

  • AF | DRB | CY2002 | FD2002-0024

    Original file (FD2002-0024.pdf) Auto-classification: Denied

    The records indicated applicant had received a Letter of Reprimand for Adultery and found guilty by a Summary Court Martial for Adultery. Discharge is appropriate. (Atch 1-1) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.

  • AF | DRB | CY2001 | FD01-00045

    Original file (FD01-00045.pdf) Auto-classification: Denied

    The characterization of the discharge received by the applicant was found to be appropriate. (Change Discharge to Honorable and Change the Reason and Authority for Disch) Issue 1: The Undesireable Discharge is not proper due to the fact that i did not use drugs or sell drugs or possess drugs at anytime during my enlistment. I am recommending your discharge from the United States Air Force for fraudulent entry.