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AF | DRB | CY2001 | FD01-00068
Original file (FD01-00068.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CAbk NUMBkK 
FD-01-00068 

I 

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

FINDINGS:  Upgrade ofdischarge is denied. 

m e  Board finds that nejther evidence of record nor that provided 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.  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 these benefits, he  signed a statement (DD Form 2366, on May 23, 
1995) 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 is not a 
matter  of  inequity  or  impropriety  which  would  warrant  an  upgrade.  The  records  indicated  the  applicant 
received  an  Article  15,  a  Letter  of  Reprimand,  four  Letters  of  Counseling,  and  was  court-martialed for 
misconduct.  The misconduct included unlawfully carrying on his person a concealed weapon (a loaded semi- 
automatic handgun), failing to go at the time prescribed to his appointed place of duty on several occasions, and 
violating curfew.  The Board concluded the misconduct was a significant departure from conduct expected of 
all  military  members.  The  characterization  of  the  discharge  received  by  the  applicant  was  found  to  be 
appropriate. 

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

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

ED-01-00068 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 98/09/10 UP AFI 36- 
3208, para 5.52.3  (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Disch, 

c- 

- 

2.  BACKGROUND: 

a. DOB: 75/02/12.  Enlmt Age: 20 2/12.  Disch Age: 23 6/12. Educ:HS DIPL. 

AFQT: N/A.  A- 72,  E-68,  G-57,  M-80. PAFSC: 2A333A - Tactical Aircraft 
Maintenance Apprentice. DAS: 98/01/27. 

b.  Prior Sv: AFRes 95/04/26 -  95/05/09 (14 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 95/05/10 for 4 yrs.  Svd: 3 Yrs 4 Mo 1 Das, of which AMs  is 

3 Yrs 2 Mos 1 Day  (excludes 2 months lost time) 

b.  Grade Status:  AB -  98/08/07 (SPCMO# 13, 98/08/09) 

A1C -  96/09/10 
AMN  -  (EPR Indicates): 95/05/10-97/03/24 

c.  Time Lost:  98/06/28-98/08/28 (2 months). 

d.  Art 15's:  (1) 98/01/16, RAF  Lakenheath, UK - Article 86.  You did, 

19 Dec 97, w/o authority, fail to go at the time 
prescribed to your appointed place of duty.  Rdn to Amn 
(susp till 15 May 98), and a reprimand.  (No appeal) 
(No mitigation) 

o/a 

e.  Additional: none. 

f.  CM:  Special Courts Martial Order No.13 -  98 Aug 07. 

CHARGE: Article 92,134. 
Plea: Guilty.  Finding: Guilty. 

Specification:  Did, at or near Hampton, Virginia, o/a 28 Jun 98, 
unlawfully carry on or about his person a concealed weapon, to 
wit:  a loaded semi-automatic handgun.  Sentence adjudged on 
23 July 98: 75 days confinement, reduction to airman basic, and 
forfeiture of $500.00 pay per month for two months. 

g.  Record of SV: 95/05/10  97/03/24  RAF  Lakenheath  2  (1nitial)REF 

97/03/25  97/12/07  RAF  Lakenheath  3  (CRO) 

(Discharged from Langley AFB) 



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