AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
lini. AB —e

 

  

PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER HIG MITE BOA
A92.37, A94,39 AG66.00 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE ~
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
Ordre FD2002-0128 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

PISCHARGE AEVIE DECINGN i

      

 

    

 

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, The right to
submit an application to the AFBCMR.

   

 

 

SIGNATURED

 

 

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, MID 20762-7002

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 002-0128

GENERAL: The applicant appeals for upgrade of discharge honorable.

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for drug
abuse. Member had two Articles 15; his misconduct included driving a government vehicle into an aircraft
causing significant damage in excess of $18,800.00, wrongfully using marijuana, and making two false
statements. Member also had a referral Airman Performance Report rated an overall “6.” At the time of the
discharge proceeding, applicant invoked his right to an administrative discharge board. The Board found
applicant did commit the marijuana offense and also damaged a military aircraft and a military vehicle.
They recommended he receive the UOTHC discharge without offer of probation and rehabilitation. The
chain of command concurred with the board. In view of the seriousness of the offenses for which applicant
was discharged, and the fact that he requested and received all of his full due process rights, the Board
could find no inequity or impropriety that warrants an upgrade or change of discharge.

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
FD2002-0128

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

(Former AB) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 88/04/19 UP AFR 39-10,
para 5-49c (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 63/12/31. Enlmt Age: 19 6/12. Disch Age: 24.3/12. Educ:HS DIPL.
AFOT: N/A. A-61, E-43, G-34, M-61. PAFSC: 43131C - Apprentice Tactical
Aircraft Maintenance Specialist. DAS: 87/01/16.

b. Prior Sv: (1) USAR 83/07/01 - 85/01/03. SVD: 1 yr 6 months 2 days, of
which AMS is 5 months 20 days. PVT(E-2) - 84/04/29. PFC(E-3) - 84/06/30.

3. SERVICE UNDER REVIEW: .

a. Enlisted USAF as Amn 85/01/04 for 4 yrs. Svd: 03 Yrs 03 Mo 16 Das, all

b. Grade Status: AB - 87/09/16 (Article 15, 87/09/16)
SRA - 87/07/15
Alc ~- 85/09/04

c. Time Lost: none.

d. Art 15's: (1) 87/09/16, Reese AFB, TX - Article 112a. In that you,
did, on or about 31 Jul 87, wrongfully use marijuana, a
controlled substance. Article 107. In that you, did,
on or about 3 Aug 87, with intent to deceive, make to

MSgt ------- , First Sergeant, 64°? Organizational
Maintenance Squadron, an official statement, to wit:
that you had been with A1C ------ and A1C ----- at

their home in Lubbock, Texas, talking about stereos,
from about 1200 to 1500 hours on 31 Jul 87, which
statement was totally false, and was then known by you
to be so false. In that you, did, on or about 3 Aug
87, with intent to deceive, make to SSgt ------- ,a
Security Police Investigator, an official statement, to
wit: that you had left Reese AFB, Texas, on 31 Jul 87,
only to visit ------ Auto Shop and then the South
Plains Mall, both of Lubbock, Texas, which statement
was totally false and was then known by you to be so
false. Reduction to AB, forfeiture of $329.00 pay per
month for 2 months. (No appeal) (No mitigation)

(2) 87/08/25, Reese AFB, TX - Article 108. In that you,
did, on or about 1 Aug 87, without authority, through
FD2002-0128

neglect, damage by driving government vehicle #82B660
into a T-38 aircraft #64332, both government vehicle
#82B660 and aircraft #64332 being military property of
the United States, the total amount of damage to both
the said vehicle and said aircraft being in the sum of
$18,863.85. Reduction to AB (suspended until 24 jan
88) ,forfeiture of $150.00 pay per month for 2 months.
(No appeal) (No mitigation)

e. Additional: none.

f. CM: none.

q. Record of SV: 85/01/04 - 86/01/03 Clark AB 8 (Annual)
86/01/04 - 87/01/03 Clark AB 9 (Annual)

(Discharged from Reese AFB)
h. Awards & Decs: AFOSLTR, AFTR, AFGCM.

i. Stmt of Sv: TMS: (04) Yrs (09) Mos (19) Das
TAMS: (03) Yrs (09) Mos (06) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/13.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. Nine Letters of Support.

02/07/03/ia

hanes
REPLY TO
ATIN OF:

SUBJECT:

TO:

 
 

FDROOZ-O /28

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS SHEPPARD TECHNICAL TRAINING CENTER (ATC)
SHEPPARD AiR FORCE BASE TX 76311-5000

GCM si Review: AFR 39-10 Board Proceeding (AB <