X PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AFSN/SSAN

AIC | qqnegeilivivetans:

RECORD REVIEW

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

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HON GEN VYOTHC OTHER DENY

 

 

 

 

 

 

(SSUES INDEX NUMBER
A94,53/54 A49.00
HEARING DATE CASE NUMBER

20 NOV 02 FD2001-0521

REMARKS

Case heard at Dobbins ARB, GA

 

 

 

 

  

   

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ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

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COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

SIGNATURE OF REE

SAF/MIBR

530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

   
 

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

SIG. ATURE OF BOARD PRESIDENT

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

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 FD2001-0521

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

The applicant appeared and testified before the Discharge Review Board (Board) with counsel at Dobbins ARB,
GA on November 20, 2002.

The following additional exhibits were submitted at the hearing:

Exhibit 6: Character letter from Sigg’
Exhibit 7: Character letter from ae
Exhibit 8: Statement from applicant.

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.

The applicant requests upgrade of his discharge in order to receive GI Bill benefits. He apologized for his
unsatisfactory performance and contends that his discharge was too harsh because personal problems and
having civilian supervisors were the causes of his difficulties. He further states that he has tried to be an
upstanding citizen since discharge. The applicant was discharged with an under honorable conditions
(general) discharge for Unsatisfactory Performance after 3 years, 2 months and 23 days of service. The
member received 5 Memos for Records, a Letter of Reprimand, an Article 15 and Vacation Action for
repeated dereliction of duty, and late for duty. The DRB noted the applicant’s honesty, remorse, and
acceptance of responsibility for his behavior. The applicant’s record of duty performance was noted to be
satisfactory in other regards, however, the negative aspects offset the positive aspects of his service. The
applicant contended a death in the family explained his misconduct and poor performance however
testimony and review of the records did not reveal any evidence that supported this argument. He
contended that his civilian supervisors failed to properly counsel him, however, evidence in the record and
testimony finds ample evidence of appropriate involvement on the part of both his direct civilian
supervisors and military chain of command. The applicant cited his desire to receive G.I. Bill benefits as a
reason for upgrade. The DRB noted that the applicant understood he must receive an honorable discharge
in order to receive educational entitlements when he signed a statement on DD Form 2366 application for
GI benefits. The Board understands the impact of the loss of these benefits, however, it is not a matter of
inequity or impropriety that would warrant an upgrade.

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
FD2001-0521
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/01/12 UP AFI 36-3208,
para 5.26.1 (Unsatisfactory Performance). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 73/10/09. Enlmt Age: 18 8/12. Disch Age: 22 3/12. Educ:HS DIPL.
AFOT: N/A. A-56, E-44, G-57, M-36. PAFSC: 3A051 - Information Management
Journeyman. DAS: 93/02/18.

b. Prior Sv: (1) AFRes 92/06/22 - 92/10/19 (3 months 28 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 92/10/20 for 4 yrs. Svd: 03 Yrs 02 Mo 23 Das, all AMS.

b. Grade Status: AB - 95/07/18 (Article 15, Vacation, 95/11/29)
SRA - 95/06/20

c. Time Lost: none.

da. Art 15’s: (1) 95/11/29, Vacation, Brooks AFB, TX - Article 86 & 92.
You did, on or about 22 Nov 95, without authority, fail
to go at the time prescribed to your appointed place of
duty. Furthermore, you, who knew of your duties, on or
about 22 Nov 95, was derelict in the performance of
those duties in that you willfully failed to prepare
test materials, as it was your duty to do. Reduction
to Alc. (No appeal) (No mitigation)

(2) 95/07/18, Brooks AFB, TX - Article 92 & 86. You, who
knew of your duties, on or about 30 Jun 95, was
derelict in the performance of those duties in that you
willfully failed to pull test materials, as it was your
duty to do. Furthermore, you, did, without authority,
fail to go at the time prescribed to your appointed
place of duty. Reduction to A1C (suspended until 12
Jan 96), and 14 days extra duty. (No appeal) (No
mitigation)

e. Additional: MFR, 28 NOV 95 - Dereliction of duty.
MFR, 28 NOV 95 ~- Late for duty.
MFR, 27 NOV 95 - Dereliction of duty.
MFR, 12 OCT 95 - Traffic violation.
MFR, 28 SEP 95 - Late to work.
FD2001-0521

£. CM: none.

g. Record of SV: 95/05/01 - 95/12/01 Brooks AFB 1 (HAF Dir)
(Discharged from Brooks AFB)

h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (03) Yrs (06) Mos (21) Das
TAMS: (03) Yrs (02) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 01/11/21.
(Change Discharge to Honorable)

Issue 1: I would like to take this opportunity to apologize for my
unsatisfactory performance between Oct '92 thru Jan '96.

Issue 2: I have come to realize that wrongs may never be righted, however I
know that i am capable of achieving much success with a little help.

Issue 3: With all respect to my discharge, I honestly need my educational
benefits to broaden my future endeavers.

Issue 4: I feel my discharge should be upgraded so that I can use the
monies paid into the Montgomery GI Bill and better myself as well as my families
well being.

ATCH
none.

02/03/08/ia