RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01248
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her punishment was too harsh and the discharge should have been
enough (Exhibit A).
___________________________________________________________________
STATEMENT OF FACTS:
On 27 July 1989, applicant enlisted in the Regular Air Force. Her
highest grade held was senior airman (SrA/E-4). Applicant’s grade
at time of discharge was airman first class (A1C/E-3).
On 5 Dec 91, applicant was disrespectful to her supervisor and
walked out of a meeting without being dismissed. She received a
Letter of Reprimand (LOR).
On 26 Oct 93, applicant was derelict in the performance of her
duties by not reviewing an order placed in the computer system and
obligated the government for $45,462.84, when she should have only
ordered $7000 worth of products, along with the expense of
transporting the products to other locations. On 12 Nov 93, Troop
Support operations received three pallets of tomato paste, well
above the normal requirement. On 17 Nov 93, two trucks arrived
with 42 pallets and on 18 Nov 93, a truck with 23 more pallets
arrived, and applicant never informed management of the problem.
Applicant received a Record of Individual Counseling (RIC) for
these offenses.
Between on or about 20 Mar – 9 Apr 94, applicant wrote five checks
totaling $56.85 to Domino’s Pizza, and failed to maintain
sufficient funds in her account to pay them in full. She was given
a Letter of Reprimand (LOR), which was placed in an Unfavorable
Information File (UIF).
On or about 4 Oct 94, applicant, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully made and
uttered a $50 check knowing that she did not have sufficient funds
in her account to pay the check. Applicant was given an Article
15, with a reduction in grade to airman first class (A1C/E-3) for
this misconduct.
The applicant received another Letter of Reprimand on or about
13 Oct 94, when she wrote a check in the amount of $50 and again
failed to maintain sufficient funds in her account to make payment
in full. She received a LOR for this offense.
Between on or about 1 Nov 94 – 15 Dec 94, applicant was derelict in
the performance of her duties when she failed to properly complete
the Store Block Control Journal for the ending inventory for Oct 94
and beginning inventory for Nov 94. For this offense she received
a Letter of Counseling.
On 19 Jan 95, the squadron commander initiated administrative
discharge action against the applicant for a pattern of misconduct
(discreditable involvement with military and civilian authorities).
The bases for the proposed discharge action were the incidents of
misconduct cited above. Applicant acknowledged receipt of the
discharge notification on the same date. On 20 Jan 95, after
consulting with counsel and having been advised of her rights, she
notified the commander of her intent to submit statements to the
separation authority. On 30 Jan 95, applicant submitted documents
in her own behalf. On 1 Feb 95, the Staff Judge Advocate found the
case legally sufficient and recommended that the applicant be
separated with an under honorable conditions (general) discharge
without probation or rehabilitation (P&R). On 3 Feb 95, the
discharge authority approved a general discharge, without P&R.
On 6 Feb 95, applicant was discharged under the provisions of AFI
36-3203, with service characterized as under honorable conditions
(general). She was credited with 5 years, 6 months, and 10 days of
active service.
Applicant appeared and testified before the Air Force Discharge
Review Board (AFDRB) on 22 Mar 01. They concluded 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 (See AFDRB Hearing Record
at Exhibit B).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial.
They found that the discharge was consistent with the procedural
and substantive requirements of the discharge regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority. They also noted that the applicant did
not submit any new evidence or identify any errors or injustices
that occurred in the discharge processing. Accordingly, they
recommended her records remain the same and her request be denied.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 10 May 02 for review and comment within 30 days. As of this
date, no response has been received by this office.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a thorough
review of the evidence of record and applicant's submission, the
discharge appears to be in compliance with the governing AFI and we
find no evidence to indicate that her separation from the Air Force
was inappropriate. We find no evidence of error in this case and
after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe she
has suffered from an injustice. Therefore, based on the evidence
of record, we find no basis upon which to favorably consider this
application.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
___________________________________________________________________
The following members of the Board considered this application
AFBCMR Docket Number 02-01248 in Executive Session on 11 July 2002,
under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Ms. Diane Arnold, Member
Mr. E. David Hoard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 10 May 02, w/atchs.
LAWRENCE R. LEEHY
Panel Chair
AF | DRB | CY2001 | FD01-00006
In reviewing the evidence presented, I find there exists a legally sufficient basis to warrant separating -from the Air Force. Clearly and should be discharged. d. On or about 13 October 1994, you wrote a check to the Moody AFB Exchange in the amount of about $50.00, and thereafter, failed to place or maintain sufficient knds in your account to pay this check in full upon its presentment for payment.
On 9 Apr 95, the applicant received a Letter of Reprimand (LOR) for failure to report for duty. On 29 May 98, the Air Force Discharge Review Board (AFDRB) denied applicant’s request that her discharge be upgraded to honorable (see Exhibit C). _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was...
AF | BCMR | CY2003 | BC-2002-00882
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-00882 INDEX CODE: 126.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Article 15 be set aside so that her discharge can be upgraded so that she may qualify for Montgomery GI Bill (MGIB) benefits. The service member may then consult with a defense counsel to determine whether to accept nonjudicial...
AF | DRB | CY2002 | FD2002-0116
PEKSUONAL APPEARANCE _| X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION * ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING ae, PT {ISSUES INDEX NUMBER BITS SUBMITE DAR A94.06, A93.10 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE — 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE ° 02-08-15 FD2002-0116 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ™ PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL...
AF | DRB | CY2005 | FD2005-00229
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) (HGH SSgt) 1. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. BOAR0 ACTION REQUESTED lX onel % CHANGE TO HONORABLE CHANGE TO GENERAUUNDER HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED (Nor applicable for Air Force) CHANGE NARRATIVE REASON FOR SEPARATION TO: (VYWMMDDI (ff date is mare than 15 years ago, submit a DO Form 149) 2002 1223 % 3.
AF | DRB | CY2005 | FD2005-00024
In addition, he received three Letters of Reprimand, two Letters of Counseling, and two Records of Individual Counseling for various acts of misconduct to include being late for duty, failure to go, failure to pay just debts, writing bad checks, and for wrongfully using his government credit card. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH SRA) 1. For this you received a Record of Individual Counseling dated...
AF | DRB | CY2003 | FD2002-0545
Prior Sv: (1) AFRes 21 Nov 84 - 11 Apr 85 (4 months 22 days) (Inactive). However, the Board is not required to respond in writing to issues of concem to you unless those issues are listed or incorporated by specific reference below. In addition to military counsel, you have the right to employ civilian counsel.
AF | DRB | CY2003 | FD2003-00053
mere AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN SRA | ee PERSONAL APPEARANCE X RECORD REVIEW ] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL NONE MEMBERS SITTING ea ISSUES INDEX NUMBER f iS ORDER APPOINTING THE BOARD A93.11, A94.05, A94.53 447.00 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING DATE 03-05-28 CASE NUMBER FD2003-00053 BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...
AF | DRB | CY2002 | FD2002-0189
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 19002-0189 GENERAL: The applicant appeals for upgrade of discharge to honorable. Applicant submits no issues now and some of the discharge documents are missing from the file. (Atch 3) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
AF | DRB | CY2006 | FD2005-00328
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...