AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE :
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
, = e—sCiC@d x
xX
X
xX
X
ISSUES INDEX NUMBER : .. EXHIBITS SUBMITIED TO THE BOARD

 

 

A94,05 A47.00 1 | ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL. FILE

18 DEC 02 FD2002-0159 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

| TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

REMARKS
Case heard at Washington, D.C.

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

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

 
 
 

 

  
  
  
   

INDORSEMENT DATE: 18 DEC02

 

TO: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3" FLOOR

ANDREWS AFB, MD 20762-7002

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

   

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0159

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: The applicant contends his discharge was inequitable because it was too harsh in that it was based
on an isolated incident. The records indicated the applicant received a General Court Martial for
dishonorably failing to pay just debts. The Board reviewed the record and concluded the conduct for which
the applicant was discharged was a significant departure from the conduct expected of all military members.
This conduct was sufficiently egregious to characterize applicant’s service as under honorable conditions
(general). The Board found no evidence of impropriety or inequity in this case on which to base an upgrade
of discharge. The Board concluded the misconduct of the applicant appropriately characterized his term of
service.

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
; FD2002-0159
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 97/03/12 UP AFI 36-3208,

para 5.50.2 (Dishonorable Failure to Pay Just Debts). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 74/06/18. Enlmt Age: 18 3/12. Disch Age: 22 8/12. Educ: HS DIPL.

AFQT: N/A. A-74, E-61, G-62, M-63. PAFSC: 3A031 - Information Management
Apprentice. DAS: 95/04/09.

b. Prior Sv: (1) AFRes 92/09/28 - 93/03/01 (5 Mos 4 Days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 93/03/02 for 4 yrs. Svd: 4 Yrs 0 Mo 11 Das, all AMS.
b. Grade Status: AB - 97/01/28 (GCM Order No 3, 73/03/06)

Alc - 94/07/02

AMN - 93/09/02

AB - 93/03/02
ec. Time Lost: None

d. Art 15’s: None

e. Additional: LOR, 26 OCT 95 - Financial irresponsibility

f. CM: General Court Martial Order No. 3, 6 Mar 1997, Article 86. See
attached.

g. Record of SV: 93/03/02 - 94/11/01 Spangdahlem AB 4 (Initial)
94/11/02 - 95/11/01 Brooks AFB 4 (Annual)
95/11/02 - 96/11/01 Brooks AFB 2 (Annual) REF

(Discharged from Brooks AFB)
h. Awards & Decs: AFOQUA, NDSM, AFOLTR, AFRT.

i. Stmt of Sv: TMS: (4) Yrs (5) Mos (15) Das
TAMS: (4) Yrs (0) Mos (11) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/04.
(Change Discharge to Honorable)
FD2002-0159

Issue: My discharge from the USAF was over five years ago, and I feel that
this one isolated incident should not continue to be on my record. Prior to
this incident I was recognized for several other achievements. (Examples:
Selected as a nominee for Senior Airman Below the Zone, Letter of Recognition
from the Commanding officer of the OSI. I feel the discredit towards myself and
the USAF have been with me long enough. I am truly sorry for my actions and I
feel having my discharge upgraded to "Honorable" would be one way for the USAF
to say they accept my apology. Thank you for your time in this matter.

ATCH
1. Applicant's Copy of DD Form 214.

02/07/29/er
- —D TPO

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS HUMAN SYSTEMS CENTER (AFMC)
BROOKS AIR FORCE BASE, TEXAS

 

7 March 1997

MEMORANDUM FOR 70 ABG/CC

FROM: HSC/JA

SUBJECT: Final Legal Review, AFI 36-3208 Administrative Discharge 4

   

1. LEGAL REVIEW: The above discharge case has been reviewed and found legally sufficient to

support the administrative discharge of @aAMARSeREH Under AFI 36-3206, Chapter 5,
Section H, paragraph 5.50.4 for Misconduct - Dishonorable Failure to Pay Just Debts.

2. BASIS FOR ACTION: On 5 March 19970M0@igiigs Squadron Commander, 70" Mission Support
Squadron, initiated action to administratively discharge the respondent pursuant to the above provision

under AFPD 36-32 and AFI 36-3208. MAE ecommends a general discharge. The respondent has

waived his right to submit statements in his behalf. He is not entitled to an administrative discharge
board.

3. EVIDENCE CONSIDERED FOR THE GOVERNMENT: Between 24 August 1995 to 9 September

1995, eon oro several worthless drafts to the Brooks Air Force Base Commissary totaling
approximately $600.00. For this misconduct, gaggle eceived a Letter of Reprimand (LOR), dated

2 tober 1995. Further, it was discovered through a more thorough investigation, previous tomlin
FLOR, he had uttered a number of worthless drafts in excess of $5,000. Also, on 30

ovember 1995 QQjAMMlINRIN ignored the written warning of future financial irresponsibility contained in
the LOR, by issuing another draft over the amount of $1,500. In addition, he was severely delinquent in

payments to two local retailers. For this misconduct, eet vas court-martialed under the
Uniform Code of Military Justice.

4. EVIDENCE CONSIDERED FOR THE RESPONDENT: The respondent is a 23 year old, first term
airman who has completed his 4 year enlistment. He is entitled to wear the Air Force Training Ribbon,
Air Force Overseas Service Long Tour Ribbon, National Defense Service Medal, and the Air Force
Outstanding Unit Award w/1 oak leaf cluster. He has 3 Performance Reports on record.

5. ERRORS AND IRREGULARITIES: There are no procedural or substantive errors which prejudice
the respondents rights.

6. DISCUSSION:

a. SEPARATION CRITERIA AND CHARACTER OF DISCHARGE: This file is legally sufficient
fo support discharge pursuant to AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, paragraph 5.50.4.
As the Special Courts-Martial Convening Authority you take final action in this case. Discharge under
paragraph 5.50.4. can be described as general or honorable. A general discharge is warranted when an
airman’s service has been honest and faithful but significant negative aspects of the airman's conduct
or performance of duty outweigh positive aspects of the airman’s military record. An honorable
discharge is warranted when the member's record has been so meritorious that any other

characterization would be clearly inappropriate. The General Courts-Martial Convening Authority must
approve this service characterization.

 

OVST
PR2002- 0/57

b. PROBATION AND REHABILITATION: menen has had ample opportunity to correct
his behavior. Financial Irresponsibility has long been a pattern for him. In an attempt to rehabilitate and
correct this problem, his commander ordered him to report to the Family Support Center for financial
management counseling. However, q@gg@lijgmeiwas unreceptive to this help by failing to provide
requested documents in a timely manner and sometimes rescheduling an appointment several times
before finally attending. qaaaiiamme received an LOR on 26 October 1995 for financial irresponsibility.
In that LOR, he was clearly warned of more severe consequences for future financial misconduct. He
completely disregarded that warning and issued another draft just one month later. Further, he allowed
two credit accounts, with two local retailers, to become inexcusably delinquent, again disregarding his
warning. His behavior clearly, does not conform to the high standards of discipline and morale expected
of a military member in the United States Air Force. Based on the evidence presented by his
commander, his behavior has proven to be adverse to good order and discipline.

7. OPTIONS: As the Special Courts-Martial Convening Authority in this case, you have the following
options:

a. Approve the discharge action and refer the separation of the respondent with an honorable
discharge to the General Courls-Martial Convening Authority for final disposition, or

b. Approve the discharge action and refer the separation of the respondent with a general
discharge, or

c. Disapprove the discharge action and retain the respondent.

8. RECOMMENDATION: | recommend ube discharged from the United States Air Force
under AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, paragraphs ¢ 5. at ait a general discharge.

  

# USAF

Attachment:
Original Discharge Case File
FR IO OL SS 9

DEPARTMENT OF THE AIR FORCE
70th MISSION SUPPORT SQUADRON (AFMC)
BROOKS AIR FORCE BASE, TEXAS 78235

  
 

MEMORANDUM FOR 5 March 1997

FROM: 70TH MSS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for A Pattern of
Misconduct — Dishonorable Failure to Pay Just Debts. The authority for this action is AFPD
36-32 and AFI 36-3208, section H, paragraph 5.50.4. If my recommendation is approved,

your service will be characterized as honorable or general. | am recommending that your
service be characterized as general.

2. My reasons for this action are:

a. Between on or about 24 August 1995 to 9 September 1995, you uttered several
worthless drafts to the Brooks Air Force Base Commissary. The amount of these drafts
totaled approximately $600.00. For this misconduct you received a Letter of Reprimand,
dated 26 October 1995. Further, in this Letter of Reprimand you were warned that a

continuation of financial irresponsibility would be met with more severe actions being taken
against you. (Atch a)

b. A more thorough investigation revealed that previous to your Letter of Reprimand,
you had uttered a gross number of worthless checks in excess of $5,000, to various vendors
within the continental United States. Further, on or about 30 November 1995, you
disregarded the warning contained in that Letter of Reprimand by uttering a draft over the

amount of $1,500, knowing that you did not have sufficient funds to cover the amount of the
draft. In addition, between on or about 10 December 1995 through 11 October 1996, you

were inexcusably delinquent in your payments to two local retailers, again disregarding your

warning of financial irresponsibility. For this misconduct, you were court-martialed under the
Uniform Code of Military Justice. (Atchs b and c.)

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.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist

you. I have made an appointment for you to consultaqyeily, AFLSA/ ADC, Bldg #7024,

1451 Stewart St, Lackland AFB, TX, on 27 March 1997 at 0800. You may consult civilian
counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me byot3o_leM4@.1997 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.
FD DOOe ASP

5. If you fail to consult counsel or to submit statements in your behalf, your failure will
constitute a waiver of your right to do so.

6. You are scheduled for a medical examination. You must report to the Brooks AFB
Clinic, Flight Surgeon’s Office at 0730 on 7 March 1997 to complete a questionnaire.
You must report to Primary Care at 0830 for the examination.

7. 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 unit orderly room.

 

Attachments:
1. Supporting Documents
a. Letter of Reprimand, dtd 26 Oct 96
b. Background Narrative; OSI Report, pgs 4 - 9, dtd 28 Oct 96
c. AF Form 1359, 28 Jan 97 .
2. Airman's Receipt of Notification Memorandum