AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
Nan ema AB :
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NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 
       

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ISSUES INDEX NUMBER RTUAITS SUBM. rT AR

A94.05/06, A93.01/02, A64.00 1 | ORDER APPOINTING THE BOARD

A92.35/36 2 | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

ZL NOV 02 FD2000-0283 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

a r a

       

Perera +
Case heard at Dobbins ARB, GA

\

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

 

SIGNATURE OF BECK Reams SIGNATURE OF BOARD PRESIDENT

cI SWIM at At FT

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2000-0283

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board (Board) without counsel at Dobbins
AFB, GA on November 21, 2002.

The following additional exhibits were submitted at the hearing:
Exhibit 6: Written statement from applicant dated November 21, 2002
Exhibit 7: Character reference froma dated November 19, 2002

Exhibit 8: Character reference fron RP dated November 20, 2002
Exhibit 9: Diploma from City College, Fort Lauderdale, Associate of Science, Electronics, June, 1996

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety that would justify a change of discharge.

ISSUES: The applicant’s issues are listed in the attached brief. He contends his discharge was too harsh
because he was immature and the offenses were of an isolated and minor nature, and he performed his
duties well. He further contends that his First Sergeant had a vendetta against the applicant’s brother and
punished the applicant. He states that he has been a good citizen since his discharge. The applicant was
discharged with an under honorable conditions (general) discharge for Misconduct, Discreditable
Involvement with Military or Civil Authorities after 1 year, 1 month and 3 days of service. The member
received 3 Records of Counseling, 3 Letters of Reprimand, and 2 Article 15’s for being drunk and
disorderly, wrongful consumption of alcohol underage, wrongful use with intent to deceive another’s
military identification card, failure to appear in civilian court, failure to go, driving illegally, and failed
room inspection. The DRB concluded that the applicant had ample opportunities to correct his recurring
pattern of misconduct that was a significant departure from conduct expected of all military members. The
Board did not agree that the applicant’s misconduct was minor or isolated. There was no evidence to
suggest that the applicant’s supervisor improperly targeted him because of the applicant’s brother. The
DRB was impressed with the applicant’s post service accomplishments and work in the defense related
aerospace industry directly supporting the Air Force. However, no inequity or impropriety in his discharge
was found in the course of the hearing. The Board concluded the misconduct of the applicant was
appropriately characterized.

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
FD00-00283-A

dno (Former AB) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a Gen Dish fr USAF 90/09/17
UP AFR 39-10, para 5-47a(Misconduct - Discreditable Involvement
with Military or Civil Authorites). Appeals for HON Disch.-

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 00/08/04.

b. The AFDRB reviewed case on 00/09/19 (non-appearance w/o
coungel) & concluded applicant’s discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 00/12/23.
(Change Discharge to Hononorable)

NO ISSUES SUBMITTED.

Atch

None.

01/05/21/ia
PB? - O02 GG 2F-

FD-00-00283
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 90/09/17 UP AFR 39-10,

para 5-47a

(Misconduct - Discreditable Involvement with Military or Civil

Authorities). Appeals for Honorable Disch.

2. BACKGROUND:

a.
AFOQT: N/A.

DOB: 70/01/19. Enlmt Age: 19 6/12. Disch Age: 20 7/12. Educ:HS DIPL.

A-46, E-40, G-42, M-73. PAFSC: 45430A - Apprentice Aerospace

Propulsion Specialist. DAS: 90/02/06.

b.

Prior Sv: none.

3. SERVICE UNDER REVIEW:

a.

b.

Enld as AB 89/08/15 for 4 yrs. Svd: 1 Yrs 1 Mo 3 Das, all AMS.

Grade Status: AB - 90/08/30 (Article 15, 90/08/30)
AMN - 90/02/15

Time Lost: none.

Art 15’s: (1) 90/08/30, Randolph AFB, TX - Article 134. You were, o/a
12 Aug 90, drunk and disorderly which conduct was of a
nature to bring discredit upon the armed forces. Rdn to
AB. (Appeal/Denied) (No mitigation)

(2) 90/05/11, Randolph AFB, TX - Article 134. You did, o/a
31 Mar 90, wrongfully use with intent to deceive
another's military indentification card then well
knowing the same to be unauthorized. You did, ofa 31
Mar 90, wrongfully consume alcoholic beverages in
in violation of Texas Alcoholic Beverage Code Section
166.04 which conduct was of a nature to bring discredit
upon the armed forces. Thirty days correctional
custody (correctional custody in excess of 20 days
remitted 30 May 90). (No appeal) (No mitigation)

Additional: LOR, 20 AUG 90 - Underage possession of alcohol.
RIC, 05 JUN 90 - Failed room inspection.
LOR, 23 APR 90 - Civilian offense.
LOR, 16 APR 90 - Failure to go.
RIC, 16 MAR 90 - Failure to go.
RIC, 05 MAR 90 - Driving illegally.
ppog- 2° 283 -A-

FD00-00283

£. CM: none,

g. Record of SV: none.
(Discharged from Randolph AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (1) Mos (3) Das
TAMS: (1) Yrs (1) Mos (3) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/07/17.
(Change Discharge to Honorable)

Issue 1: During the period that I served in active duty I may have been a
little immature to conduct my military service in a professional manner. I was
caught on a few occasions in a night club under age, I was late a few times for
work, and i was in a fight with another airman because he was beating up his
girlfriend. The times that I was caught in a bar I was with my older brother
who was also serving in active duty. My first sergeant, (Sergeant ------- )
seemed to have a personal vindata (sic) against my brother ----~--- and took his
hatred toward him out on me by punishing me if he even found my brother in my
dorm room. I know that I have made some mistakes but I don't feel I should have
been discharged because of these petty instances that occurred (sic). I was
always good at my job and was considered a valuable asset to the 12th Field
Maintenance (sic) squadron where I was an Aerospace Propulsion Technician.

ATCH
1. Certificate of Completion.
2. College Degree.

00/08/04/ia
PROO-CO2
DEPARTMENT OF THE AIR FORCE
HEAPQUARTERS 12TH AIR BASE GROUP (ATC)
RANDOLPH AIR FORCE BASE TX 78150-5000
2% ScP isa

 

REPLY TO |
atin oF: A

 

susvect Legal Review of AFR 39-14 Disacharge of

T:CC

 

1. Thia digecharge action wags initiated under AFR 39-16, Chapter
5, paragraph 5-47a, a pattern of misconduct congisting of
discreditable involvement with military or aivil authorities. The
S8quadron commander recommends a general discharge without
probation and rehabilitation. The recommendation for this
diacharge ia based upon the information contained in paragraph 2
of the Letter of Notification, summarized as followe:

a. On 12 August 1990, then: Ciena, «2. apprehended

for underage possession of an alcoholic beverage, disorderly
conduct and drunkenneaa at the Rockwave Nightclub for which he
received nonjudicial punishment under Article 15 conasiating of a
reduction to the grade of Airman Baagic.

b. On 19 July 1996, then