PERSONAL APPEARANCE

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

    
 
  

X RECORD REVIEW

 

 

COUNSEL

YES NO
X

NAME OF COUNSEL AND OR ORGANIZATION

 

 

MEMBERS SITTING

 

ISSUES
A94.05

INDEX NUMBER

A67.30

HEARING DATE

4 NOV 02

CASE NUMBER

FD2602-0317
200 |

    
 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

 

et

A -

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

VOTE OF THE BOARD

 

HON GEN UVOTHC OTHER DENY

 

 

 

 

 

 

Ht

 

 

 

 

EXHIBITS SUBMITTED TO THE.BOARD:

 

 

 

INDORSEMENT .

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

(EF-V2)

SIGNATURE OF BOARD PRESIDED

1 | ORDER APPOINTING THE BOARD

2. + | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

4 | BRIEF OF PERSONNEL FILE

—_}____
COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

ren al

“DATE: 4 NOV-02

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0317

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

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

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, which would justify a change of discharge.

ISSUE: Applicant contends discharge was too harsh because it was based on one isolated incident in four
years of service. The Board reviewed the entire record and found no evidence of impropriety or inequity in
this case on which to base an upgrade of discharge. The records indicated the applicant had a Summary
Court Martial for disobeying a direct order to use his government credit card for official travel only and,
with intent to defraud and for the procurement of lawful currency, wrongfully and unlawfully draw and
utter checks in the amount of $570.00. The Board concluded the misconduct was a significant departure
from conduct expected of all military members and concluded that the characterization of the applicant’s
discharge was appropriate due to the misconduct.

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
FD2001-0317

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/04/17 UP AFI 36-3208,
para 5.52.3 (Misconduct ~ Commission of a Serious Offense). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 70/09/12. Enlmt Age: 19 8/12. Disch Age: 24 4/12. Educ:HS DIPL,
AFOT: N/A. A-87, E-53, G-76, M-21. PAFSC: 38231 - Education and Training
Journeyman. DAS: 93/05/17.

b. Prior Sv: (1) AFRes 90/05/15 ~- 90/10/22 (5 months 8 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 90/10/23 for 4 yrs. Svd: 4 Yrs 3 Mo 29 Das, of which AMS
is 4 yrs 3 months 29 days (excludes 1 month 26 days lost time).

b. Grade Status: AIC - 95/03/15 (SPCMO No.9, 95/03/15)
SRA - 93/02/23

¢. Time Lost: 95/02/22-95/04/17 (1 month 26 days).
d. Art 15’s: none.

e. Additional: none.

£. CM: . Special Court Martial No.9 - 95 March 15
CHARGE I: Article 92. Plea: Guilty. Finding: Guilty.

Specification: Having knowledge of a lawful order issued by Major
= to use his ------- Government Card only for official
travel, at or near Barksdale Air Force Base, Louisiana and at or
near Vicksburg, Mississippi, on divers occasions between about 19
September 1994 and about 7 October 1994, fail to obey the same by
wrongfully using his -------- Government Card for other than

official travel related expenges.

CHARGE ITI: Article 123a. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Barksdale Air Force Base,
Louisiana, on divers occasions between about 19 October 1994 and
about 28 October 1994, with intent to defraud and for the
procurement of lawful currency, wrongfully and unlawfully draw and
FD2001-0317

utter certain checks in the total amount of $570.00, knowing he
did not or would not have sufficient funds in or credit with said
credit union for the payment of said drafts in full upon their
presentation. Sentence adjudged on 21 February 1995: Confinement
for four months, forfeiture of $500.00 pay per month for four
months, and reduction to the grade of A1C.

g. Record of SV: 90/10/23 - 92/06/22 High Wycombe AS 4 (Initial)
92/06/23 ~- 93/03/15 High Wycombe AS 4 (CRO)
93/03/16 - 94/03/15 Barksdale AFB 4 (Annual)
94/04/16 - 95/03/15 Barksdale AFB 2 (Annual) REF

(Discharged from Barksdale AFB)
h. Awards & Decs: AFOUA W/1 OLC, AFGCM, NDSM, AFOSLTR, AFLSAR, AFTR.

i. Stmt of Sv: TMS: (04) Yrs (09) Mos (05) Das
TAMS: (04) Yrs (03) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/08/01.
(Change Discharge to Honorable)

Issue 1: I feel my discharge was inequitable because it was based on (1)
isolated incident in 4 years of service. I had an exemplary career with the Air
Force. If you look at my service records, I received awards during my tenure.

I am currently a member of the Army National Guard where I have received a
Honorable Discharge after my first enlistment. I feel that by that I have
proved my professionalism and dedication to the Armed Forces. I am currently
enrolled in college at -~------- College in ------ in Criminal Justice. I feel
that I am on the right road. I am a correctional officer with the ---~---- Dept .
of Corrections for 5 years. I pray to God that the Review Board will look at my

records and see that I only had one bad blemish. Please don't persecute me for
that help me, please.

ATCH
1. DD Form 149.

2. NGB Form 22, Report of Separation and Record of Service.
3. NGB Form 55, Honorable Discharge.

01/11/06/ia
: | . Pp200!- 23/7

8. As the Separation Authority, you may:

|
a. Retainagigiier you find that discharge is not warranted by the evidence or under the circumstances;

or nd
b. Separateg@igayaeritn a general discharge with or without P&R; or
c. Recommend to the Commander, 8th Air Force, thaygiao< separated with an honorable discharge;

9. RECOMMEND: You separatameigQgigiaetfrom the United States Air Force with a general
discharge, without P&R. :

| concur.

 

ATTORNEY WORK PRODUCT
This is a privileged document. It will not be released in whole
or part without the approval of the Staff Judge Advocate.
_ Pe 2c0/-23'7
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

E 4 ApQ iasy
MEMORANDUM FOR

 

FROM: 2 MSS/CC
SUBJECT: Notification Letter

1. lam recommending your discharge from the United States Air Force for commission of a serious
offense. The authority for this action is AF] 36-3208, para 5.52.3. If my recommendation is approved,
your service will be characterized as general or honorable. { am recommending that your service be
characterized as general.

2. My reason for this action is that on 21 Feb 95 you were found guilty, by Special Court Martial, of
disobeying a direct order by using your Goverment American Express card for purposes other than
official government business and uttering checks for which you had insufficient funds to pay. You did
these acts with an intent to commit fraud. Copies of the documents to be forwarded to the separation
authority in support of this recommendation are attached. The commander exercising SPCM jurisdiction
or a higher authority will decide whether you will be discharged or retained in the Air Force, and if you are
. discharged, how your service will be characterized. If you are discharged, you will be ineligible for
reenlistment in the Air Force:*

made an appointment for you to consult wit Idg 4714, third floor on 5 April 95 at 1000
hours. You may consult civilian counsel at your own expense.

3. You have the right to consult counsel. ae legal counsel has been obtained to assist you. | have

4. You have the right to submit statements in your own behalf. Any statements you want the separation
authority to consider must reach me within three workdays unless you request and receive an extension
for good cause shown. | 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 medical examination. You must report fo Flight Medicine, Building
451 at 0730 hours on 6 Apr 95 for the examination. You should neither consume alcohol within 72 hours
prior to the examination nor eat or drink anything other than water 12 - 14 hours prior to this exam.

7. Any: personal information you furnish in rebuttal is covered by the Privacy Act Statement. A copy of
AFI 36-3208 is available for your use in your unit Orderly room.

 

Attachments:
1. SPCM Order #9
2. Receipt of Notification

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