AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
a ’ AMN in. |
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

YES

*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING HON GEN] boTHe ‘OTHER DENY
wy ‘a Seas
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ad . a ro
a i Y x
; . Som ; . XxX
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ISSUES INDEX NUMBER EXHIBITS SUBMITTED TU, THE BOARD
A95.00 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION ~]
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
5 NOV 02 FD2002-0161

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 AIR FORCE 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, and the right to submit an application to
the AFBCMR,

 

 
  

DATE: 5 NOV 02

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, 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 | pyo5.016)

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record, The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for being derelict in the performance of his duties in that he willfully used his official
government credit card for purposes other than for official business. He also received two Letters of
Reprimand and six Letters of Counseling for financial irresponsibility (three times), failure to follow rules
of conduct, failure to follow standards, rules and regulations, failure to document maintenance forms,
failure to perform maintenance on aircraft and lack of responsibility. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.
The Board concluded the disciplinary infractions were a significant departure from the conduct expected of
all military members. The Board found no evidence of impropriety or inequity in this case on which to base
an upgrade 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
FD2002-0161
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH AIC)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/06/15 UP AFI 36-3208,
para 5.50.2 (Conduct Prejudicial to Good Order and Discipline). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 73/08/05. Enlmt Age: 19 5/12. Disch Age: 21 10/12. Educ: HS DIPL.
AFOT: N/A. A-67, E-79, G-84, M-61. PAFSC: 2A432 - Aircraft Communications &
Navigations Systems Apprentice. DAS: 93/09/09.

b. Prior Sv: (1) AFRes 93/01/06 - 93/01/19 (14 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AMN 93/01/20 for 4 yrs. Svd: 2 Yrs 4 Mo 26 Das, all AMS.

b. Grade Status: AMN - 94/09/30 (Article 15, 94/09/30)
AIC - 93/11/20
AMN - 93/01/20

c. Time Lost: None

d. Art 15’s: (1) 94/09/30, Little Rock AFB, AR, Article 92. You, who
knew of your duties, from on or about 23 Mar 1994 to 19
Aug 94, were derelict in the performance of those
duties in that you willfully used your official
government credit card for purposes other than official
business, contrary to your duty. Reduction to the
grade of AMN, a reprimand, and suspended forfeiture of
$200.00 pay per month for two months. (No appeal) (No
mitigation) . ,

e. Additional: LOR, 31 MAY 95 - Financial irresponsiblity.

LOR, 26 MAY 95 - Failure to follow rules of conduct.

LOC, 18 JAN 95 - Failure to follow standards, rules and
regulations. ,

RIC, 3 JAN 95 - Financial irresponsibility.

RIC, 19 DEC 94 - Financial irresponsibility.

RIC, 21 APR 94 - Failure to document maintenance forms.

LOC, 19 APR 94 - Failure to perform maintenance on
aircraft.

LOC, 08 MAR 94 - Lack of responsibility.

£. CM: None
FD2002-0161
g. Record of SV: 93/01/20 - 94/09/19 Little Rock AFB 3 (Initial)
(Discharged from Little Rock AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (10) Das
TAMS: (2) Yrs (4) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/01.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None

02/07/29/cer
booed he!

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 314TH AIRLIFT WING (ACC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

 

8 Jun 95

MEMORANDUM FOR 314 AW/CC

 

FROM: 314 AW/JA |
SUBJECT: Administrative Discharge: i
53rd Airlift Squadron

. : 1. LEGAL SUFFICIENCY: I have reviewed the attached case file of,

Subject to @_ANeRMAM being certified medically qualified for worldwide duty and
separation, I find it legally and factually supports the recommendation by his commander to

‘separate him with a general under honorable conditions discharge, without a conditional
suspension of the discharge for a period of probation and rehabilitation (P&R).

2. BASIS FOR ACTION: The basis for the action in this case is AFPD 36-32 and AFI 36-3208,
‘paragraph 5.50.2, A Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline.

The specific allegations are:

‘a. On or about 23 March 1995 , MPN ssued a check to Little Rock Air Force Base
ry Excha: the amount of $16.69, and he did not have sufficient funds to pay this check. He

rece kd’a Letter of Reprimari Sat TOr his actions. a a
* ls T,,7 *
i. n or about 13 May 1995 anna. a passenger in a vehicle that was involved
driving while intoxicated (DWI) incident. He was at fault by soliciting and/or allowing

ya military member to commit the offense. He received a Letter of Reprimand for his

 

actions

c. On or about 5 January, agg failed to turn in volume 3 of his CDCs ina timely
manner, and on or about 10 January 1995, he failed to report to the hospital for his scheduled

hearing appointment. By doing so, he failed to uphold his responsibilities. He received a Letter
of Counseling for his actions. ——

74 ==
; d. On or about 3 January 1995, EE ad been identified as carrying an

unauthorized balance of $4,036.99 on his American Express Card. His payment was overdue.
/ He received a Letter of Counseling for his actions.
f n or about 19 December 1994 APO neglected to uphold his obligation for a

ring 5 that he purchased. ‘He failed to pay just debts. He xeceived a Letter of Counseling for his
actions.

 

  

 

  

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f. On or about 23 March 1994 to on or about 19 August 1994, .
his official government credit card for purposes other than official business, He received an

Article 15 for his actions, An Unfavorable Information File (UIF) was also established.

g. Onor about 19 April 1994, seen, failed to document a #1 ADF * which sili»

e@eof QA had removed. He received an individual rating of “UNSAT”. He received a Letter
of Counseling for his actions.

 

 

h. On or about 19 April 1994, We showed a lack of integrity by failing to perform
maintenance on aircraft. He received a Letter of Counseling for his actions.

i

 

i, On or about 8 March 1994, isplayed a lack of responsibility by not doing
his job d6rrectly. He received a Letter of ounseling for his actions.

3. PROCEDURAL ASPECTS:

a. On 5 June 1995 , nie. initiated action under AFPD - 32

and AFI 36-3208 to involuntarily separate AMOR
properly notified of his rights associated with a notification discharge IAW AEPD 36-32 and AFI

36-3208.

b. After consulting with counsel alpaliadibapieescb mitted statements. oe

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DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 314TH AIALIFT WING (AGC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

 

05 JUN 1995

  
 

FROM: 53 AS/CC

SUBJECT: Notification Memorandum

1. Iam 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 5.502 If my recommendation is approved, your service
will be characterized as honorable or general under honorable conditions. I am recommending
that your service be characterized as general under honorable conditions.

2. My reasons for this action are:

a. On or about 23 March 1995, you issued a check to Little Rock Air Force Base Exchange’
in the amount of $16.69, and you did not have sufficient funds to pay this check. You received a
Letter of Reprimand for your actions. (Atch 1-1)

b. On or about 13 May 1995, you were a passenger in a vehicle that was involved in a driving
while intoxicated (DWI) incident. You were at fault by soliciting and/or allowing another military
member to commit the offense. You received a Letter of Reprimand for your actions, (Atch 1-2)

c. On or about 5 January 1995 you failed to turn-in volume 3 of your CDCs in a timely
manner, and on or about 10 January 1995, you failed to report to the hospital for your scheduled
hearing appointment. By doing so, you failed to uphold your responsibilities. You received a
Letter of Counseling for your actions. (Atch 1-3)

d. On or about 3 January 1995, you had been identified as carrying an unauthorized balance
of $4,036.99 on your American Express Card. Your payment was overdue. You received a
Letter of Counseling for your actions. (Atch 1-4)

e. On or about 19 December 1994, you neglected to uphold your obligation to pay for a ring
that you purchased. You failed to pay just debts. You received a Letter of Counseling for your
actions. (Atch 1-5)

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f. On or about 23 March 1994 to on or about 19 August 1994, you willfully used your official
government credit card for purposes other than official business. You received an Article 15 for
your actions, An Unfavorable Information File (UIF) was also established. (Atch 1-6)

g. Onor about 19 April 1994, you failed to document a #1 ADF which (aggMMB.of QA
had removed. You received an individual rating of “UNSAT”. You received a Letter of
Counseling for your actions. (Atch 1-7)

h. On or about 19 April 1994, you showed a lack of integrity by failing to perform
maintenance on aircraft. You received a Letter of Counseling for your actions. ‘(Atch 1-8)

i. On or about 8 March 1994, you displayed a lack of responsibility by not doing your job
correctly. You received a Letter of Counseling for your actions. (Atch 1-9)

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. If you are discharged, you will be ineligible for renlistment in
the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
T have made an appointment for you to consult Sige NeneEn, Area Defense

Counsel, Bldg 1255, Rm 201, Telephone 3260 on 6 Jun 95 at 1430 hours. You may consult
civilian counsel at your own expense.

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. I 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 0730 hours on 7 Jun 95 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.
g : - Po2002- 6/6(

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

   

7 » USAF
Section Commander

Attachments:

1-1 LOR, 31 May 95

1-2 LOR, 26 May 95

1-3 LOC, 19 Jan 95

1-4 LOC, 3 Jan 95

1-5 LOC, 19 Dec 94

1-6 Article 15, 30 Sep 94
1-7 LOC, 21 Apr 94

1-8 LOC, 19 Apr 94

1-9 LOC, 8 Mar 94