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ATR FORCE. DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, MIRST MIDDLE INITIAL) ] GRADE AFSN/SSAN

 

 

 

 

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GEN PERSONAL APPEARANCE X RECORD REVIEW
NAME UF COUNSEL AND OR ORGANIZATION wo" /ABDRESS AND GH ORGANIZALION OF COUNSEL oe

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING TION GEN ; OTHER DENY
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ISSUES INDEA NUMBER ~eeee F Fi
A94, 55, A92,37, AG7.09 A67,90 1 | ORDER APPOINTIN
3) | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION —
[WEARING DATE 7°" "RS LR 4 | BRIEF OF PERSONNEL FILE ~
02-08-28 FD2002-0145 COUNSEL'S RELEASE TO THE ROARD
ADDITIONAL EXHINITS SUBMITTED AT TIMEGF |
PERSONAL APPRAR ANC
TAFE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

STTONALSAR EaMiCL SSED OM THE:

     
 

 

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,

 

 
     

 

 

 
 

10; FROM

SAF/MIRR i/ SECRETARY OF TIE AER FORCE PERSONNEL COUNCIL
330 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°7 FLOOR

ANDREWS AFB, MI) 20762-7002

 

 

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | py 7903-0145

GENERAL: The applicant appeals for upgrade of discharge to 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 that neither the evidence of record or that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had
two Articles 15, a Letter of Reprimand, and an Unfavorable Information File. His misconduct included two
incidents of missing a mandatory dental appointment, using his government issued travel credit card for
unofficial purposes, and 14 months later having failed to pay his government travel card bill in the amount
of $2,536.97 that had been due for 5 months. At the time of the discharge processing, member consulted
counsel and waived his right to submit statements in his own behalf. Applicant now states he made bad
decisions with regard to his misconduct, does not condone his behavior, and is ashamed of it. While the
record shows that were it not for his misconduct, member’s duty performance was otherwise satisfactory,
the Board cannot condone member’s very serious repeated misconduct. His conduct was a significant
departure from the standards expected of airmen. No inequity or impropriety was found in this discharge in
the course of the records review,

Applicant cited his desire to receive his G.I, Bill education benefits as justification for an upgrade. While
the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of
equity or propriety that warrants an upgrade.

Tf the applicant can provide additional information about his discharge, and documented evidence to
substantiate his issues, he should consider exercising his right to a personal appearance hearing, and be
prepared to present the Board with evidence of an inequity or impropriety as well as any exemplary post-
service accomplishments and contributions to the community.

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
FD2002-0145
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former ALC) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Diach fr USAF 96/01/31 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline) .
Appeals for 71/09/28 Dig¢eh.

2. BACKGROUND:

a. DOB: 71/09/28. Enlmt Age: 19 5/12. Disch Age: 24 4/12. Educ:HS DIPL.
AFOT: N/A. A-60, E-50, G-53, M-44. PAFSC: 3P051 - Security Journeyman.
DAS: 93/01/10.

b. Prior Sv: {1} AFRes 91/03/01 - 91/05/19 (2 months 16 days) (Inactive).
3, SERVICE UNDER REVIEW:
a. Enlisted as AB 91/05/20 for 4 yrs. Svd: 04 Y¥Yre 08 Mo 12 Das, all AMS.

b. Grade Status: Alc - 96/01/10 (Article 15, 96/01/10)
SRA - 94/05/20
Alc - 92/09/20
AMN - (EPR Indicates}: 91/05/20-93/05/28

c. Time Lost: none.

d. Art 15’s: (1) 96/01/10, Little Rock AFB, AR - Article 34. You, being
indebted ta ------- in the sume of $2,536.97 for
purchases, which amount became due and payable on or
about 29 July 35, did, from on or about 29 Jui 95, to
on or about 15 Dec 35, dishonorably fail to pay said
debt. Reduction to AlC, and 30 days extra duty.

(No appeal) (No mitigation)

(2) 95/03/28, Little Rock AFB, AR - Article 92. You who
knew of your duties, between on or about 31 Aug 94 and
om or about 21 Oct 94, on divers occasions, were
derelict in the performance of those duties in that you
willfully failed to use your government credit card for
official purposes only, aa it was your duty to do.
Reduction to AlC and forfeiture of $100.00 pay per
month for 2 mentha (auspended until 27 Sep 95), and 30
days extra duty. (No appeal) (No mitigation)

e. Additional: Loc, 07 JUL 944 - Migsed Dental appointment.

f. , F202 -0/ $s”

7, RECOMMENDATION: I recommend that you approve dieing recommendation and
discharge aia ith a general under honorable conditions discharge without P&R.,
., PD LCOZ- O/ fs”

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 414TH AIRLIFT WING {ACC}
LITTLE BOCK AIF FORCE S456, ARKANSAS

 

‘22 JAN 1996

    

314TH SECURITY POLICE SQUADRON

FROM: 314 SPS’‘CC
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your
service will be characterized as honorable or general under honorable conditions. Tam
recommending that your service be characterized as general under honorable conditions.

2. My reasons for this action are:

a. Between on or about 29 July 1995 and on or about 15 December 1995, you dishonorably
failed to pay your debt to American Express in the amount of $2,536.97, which became payable
on or about 29 July 1995, You received an Article 15 for your actions. (Atch 1-1)

b, Between on or about 31 Aug 94 and on or about 21 Oct 94, you were derelict in the
performance of your duty to use your American Express government credit card for official

purposes only, You received an Article 15 for your actions and an Unfavorable Information File
(UIF) was established. (Atch 1-2)

c, On or about 7 Jul 94, you missed two mandatory dental appointments. You received a
Letter of Counseling for your actions, (Atch 1-3)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the Air Force and if discharged, how
your service will be characterized. Jf you are discharged, you will be ineligible for reenlistment in
the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
Ihave made an appointment for you to consult telephonically with QM A rea Defense
Counsel, Whiteman AFB, Go to Bldg 1255, Rm 201, Telephone 3260 on 23 Jan 96 at 1300
hours and the defense paralegal will arrange for you to consult with him. You may consult
civilian counsel at your own expense,

Hobal Pourer for Amirica
3 4 PP DRCO2 - OF FS

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 3 workdays unless you request and receive an
extension for good cause shown. T will send them to the separation authority.

6. 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,

7. You have been scheduled for a medical examination. You must report to Little Rock AFB
Hospital at 0800 hours on 25 Jan 96 for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Orderly Room.

9. Execute the attached acknowledgment and retum it to me immediately.

 

Attachments:

t-1 Art 15, 16 Jan 96
1-2 Art 15, 29 May 95
1-3 Letter of Counseling