}

AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

 

 

emia AMN \qnaeene
TYPE
GEN X PERSONAL APPEARANCE RECORD REVIEW
3 z NAME OF COUNSEL AND OR ORGANIZATION T ADDRESS AND OR ORGANIZATION OF COUNSEL
Rae 1608 K. STREET NORTHWEST

 

MEMBERS SITTING

WASHINGTON, D.C, 20006

 

 

 

     

 

—

 

 

 

 

 

 

 

EXOTBITS SUBMITTED!

   

 

 

 

 

REMARKS

+ Change RE Code to 3K.

Case heard at Washington, D.C,

Advise applicant of the decision of the Board,

SIGNATURE OF BE

 

   
   

SAF/MIBR
550 C STREET W
RANDOLPH AFBI

   
 
 

y. SUITE 40
78150-4742

 

 

* Change reason and authority to Secretarial Authority, (SPD: JFF)

 

ISSUES INDEX NUMBER HIBITS SUBMITY.
A94.06, A92.22 A67,50 y | ORDER APPOINTING THE BOARD
\7 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASENUMBER 4 | BRIEF OF PERSONNEL FILE
02-12-06 FD2002-0149 COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
parr a ey TERS 7

 

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

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 | pp902-0149

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change his reenlistment
code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, MD, on December 6, 2002. The following witness also testified on the applicant’s behalf: Mrs.

applicant’s spouse.

The following additional exhibits were submitted at the hearing:
Exhibit 6: Character Letter from TSgt } dated 27 November 2002
Exhibit 7: Character Letter from SS dated 5 October 2002
Exhibit 8: Character Letter from SSgt , dated 20 August 2002

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

FINDINGS: The Board grants the requested relief.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety that would justify a change of discharge. However, based on applicant’s testimony, the Board
finds that the applicant’s character of discharge and reason for discharge should be changed.

The applicant's issues are listed in the attached brief.

Issues. Applicant contends his discharge should be changed because since his departure from the military,
he has been rehabilitated, so his discharge should not continue to be an obstacle to him. He has a strong
desire to return to Air Force service. The records indicate applicant received an Article 15, and several
letters of reprimand and counseling, for various offenses, including failure to go, underage drinking,
absence from duty without authority, failure to pay his Deferred Payment Program account, and misuse of
his government credit card. Applicant attributes his misconduct to youth, immaturity, and a lapse in
judgment. While the Board concluded the misconduct was a significant departure from conduct expected of
all military members, and the gravity of some of his offenses outweighed his otherwise satisfactory service
at the time, they also noted applicant was not involved in serious criminal misconduct, and there were
extenuating circumstances that predicated many of the incidents. But for these offenses, applicant was a
good airman and citizen, and has continued to be a good citizen since his discharge. The Board found
sufficient mitigation at this time to render the characterization of the discharge received by the applicant too
harsh. The Board found the testimony offered by applicant sufficient to warrant an Honorable discharge, to
change the reason and authority for the discharge, and to change the reenlistment code.

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.

However, in view of the foregoing findings the board further concludes the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge, and the reason for discharge is more
accurately described as Secretarial Authority. The applicant's characterization and reason for discharge
should be changed to Honorable and Secretarial Authority under provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

TE (Former AMN) (HGH A1C)
ae sale

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/01/26, UP AFI 36+3208,
para 5.50.2 (Pattern of Misconduct). Appeals for Honorable Discharge and to

a

Change the RE Code. Disch. "ian,

 

   

2. BACKGROUND:

a. DOB: 78/12/05. Enlmt Age: 18 10/12. Disch Age: 22 1/12. Educ:HS DIPL.
AFQT: N/A. A-45, E-54, G-52, M-64. PAFSC: 2A656 - Aircraft Electronic &
Environmental Systems Apprentice. DAS: (EPR Indicates): 98/01/07-99/09/06.

b. Prior Sv: (1) AFRes 97/10/07 - 98/01/06 (3 months) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 98/01/07 for 4 yrs. Svd: 03 Yrs 00 Mo 20 Das, all AMS.
b. Grade Status: AMN - 01/01/10 (Article 15, 01/01/10)

Alc - 99/05/07

AMN - 98/07/07

c. Time Lost: none.

d. Art 15’s: (1) 01/01/10, Whiteman AFB, MO - Article 92. You, who knew
of your duties at or near New Farmington, Missouri, on
or about 01 Oct 00, were derelict in the performance of
those duties in that you willfully failed to refrain
from using your ------ government credit card for
personal use, as it was your duty to do. You, who knew
of your duties, at or near Whiteman AFB, MO, on or
about 03 Oct 00, were derelict in the performance of
those duties in that you willfully failed to refrain
from using your ------ government credit card for
personal use as it was your duty to do. Reduction to
Amn, and 20 days extra duty. (No appeal) (No
mitigation)

e. Additional: 11 OCT 00 - Delinquent debt account.

01 OCT 00 & 03 OCT 00 - Misuse of government: credit card.

15 SEP 00 - Absent from place of duty without
authorization.

12 SEP 00 - Failure to maintain on base residence.

13 JAN 00 - Failure to go.

06 MAR 99 - Consuming alcohol under age.

17 NOV 98 - Failure to go.

01 SEP 98 - Failure to report for dental appointment.
¥D2002-0149

£. CM: none.

g. Record of SV: 98/01/07 - 99/09/06 Whiteman AFB 4 (Initial)
99/09/07 - 00/09/06 Whiteman AFB 4 (Annual)

(Discharged from Whiteman AFB)
h. Awards & Decs: AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (03) Yrs (03) Mos (20) Das
TAMS: (03) Yrs (00) Mos (20) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/03/25.
(Change Discharge to Honorable and Change the RE Code)

Issue 1: I am applying for an RE-Code change for possible reenlistment. I
have been out of the service for almost two years, and I have had a lot of time
to realize how selfish and immature J had been during my first enlistment. I am
hoping for a chance to prove that I belong in the armed services. All that I am
hoping for is a chance to redeem myself for the mistakes I made while serving in
the Air Force. My stay in the Air Force wasn't a total loss, because I earned a
good conduct medal and a Kosovo medal. My lack of maturity and life experience
was a big part of my failure, and I know if you grant me one more chance to
serve, I am confident that I will be a soldier who can and will make a
difference. I have a lot to prove to myself and my family, because of the
mistakes I made. I am willing to dedicate my life to the Army. I have
struggled with what happened to me, and how it was handled. To this day, I
think deserved better than what I received, but I took what was given with no
question. Thank you.

ATCH
1. Applicant's Issues.

02/07/12/ia
| fo2ee2-0 (fF?

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 509" BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

2
MEMORANDUM FOR 509 BW/CC 2 2 JAN 2001

FROM: 509 BW/JA

SUBJECT: Final Legal Review, AFI 36-3208, Administrative Discharge

 

1. BASIS OF ACTION: The respondent's squadron commander initiated discharge action
under AFPD):36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of misconduct. He
recommends an under honorable conditions (general) discharge without probation and
rehabilitation.

2. EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to
substantiate discharge under paragraph 5.50.2. Specific instances of the respondent's pattern of
misconduct include:

a. On 11 Oct 00, he was delinquent on his AAFES DPP account.

b. On 1 Oct 00 and 3 Oct 00, he failed to refrain from using his Bank of America
government credit card for personal use.

c. On 15 Sep 00, he was absent from his place of duty, without authority.
d. On 12 Sep 00, he failed to properly maintain his on-base residence.
e. On 13 Jan 00, he failed to report back to work after a 0900 appointment.
f. On 6 Mar 99, he failed to refrain from consuming alcohol while under the age of 21.
g. On 17 Nov 98, he failed to show up for mandatory Security Forces allgmentee duty.
h. On 1 Sept 98, he failed to report to his dental appointment at 0730.

3. EVIDENCE FOR THE RESPONDENT: «@@g@geel is 22 years old. He has consulted

counsel and elected not to submit matters in his behalf: sniii(M@§@Qallentered the Air Force on
7 Jan 98. He is entitled to wear the Air Force Training Ribbon.

4. DISCUSSION: MERAAENE 00-119 conduct has been marginal. However, his off-duty
conduct has displayed a consistent pattern of misconduct. He has also displayed a poor attitude
toward his superiors by failing to obey the orders given to him by his supervisors.