NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

jt

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

AFSN/SSAN

iene

GRADE

  
 

X RECORD REVIEW

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

   
  
   

 

 

UOTHC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    
  
  

INDEX NUMBER

A67.10

ISSUES

A92.37, A93.11, A94.53

  

CASE NUMBER

FD2002-0189

HEARING DATE

02-10-03

 

 

REMARKS

Case heard at Washington, D.C,

    
    
    

  

EXBUBITS SUBMITEED TH TBE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

BRIEF OF PERSONNEL FILE

1
2
3
4

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel.

DD Form 149 submitted. Case will be forwarded to the AFBCMR for further processing.

  

 

 

Wj SIGNATURE OF BOARD PRESIDENT

fe

 

sar/Mipr .
550 C STREET WEST, SUITE 40
RANDOLPH AFB, Y3/18130-4742

 

AFHQ FORM 0-2077, JAN 00

 

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

1535 COMMAND DR, EE WING, 3"° FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

 

(EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 19002-0189

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 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 was discharged for minor disciplinary infractions. He had a Letter of Counseling, a
Letter of Reprimand, an Article 15, an Unfavorable Information File, and had been placed on the Control
Roster. His misconduct included failure to go, writing five worthless checks, sleeping on duty, and
misappropriating a POV owned by another airman. At the time of the discharge, member waived his right
to submit a statement in his own behalf, according to a note in the file. Applicant submits no issues now
and some of the discharge documents are missing from the file. The Board noted that member was the
same age as other airmen who adhere to the standards when his misconduct occurred, and he knew right
from wrong. He was sent to the Personal Financial Management Program and placed on the Control Roster
in an effort to help him correct his deficiencies. He was mature and responsible for his actions, and
therefore was held accountable for them. Although he was counseled and given several opportunities to
improve his behavior, he failed to respond to those rehabilitative efforts. No inequity or impropriety was
found in this discharge in the course of the records review.

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
FD2002-0189
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

 

(Former A1C) (HGH A1lC) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 94/12/20 UP AFR 39-10,
para 5-46 (Misconduct ~- Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 73/02/15. Enlmt Age: 20 5/12. Disch Age: 21 10/12. Educ: HS DIPL.
AFQOT: N/A. A-SI, E-74, G-50, M-88. PAFSC: 25031 - Inventory Management
Journeyman. DAS: 93/12/02.

b. Prior Sv: None.

3. SERVICE UNDER REVIEW:

a. Enld as Alc 93/08/03 for 4 yrs. Svd: 1 Yr 4 Mos 18 Das, all AMS.
b. Grade Status: A1C - 93/08/03

c. Time Lost: None.

d. Art 15’s: (1) 94/11/15, Blmendorf AFB, Alaska, Article 86. You, did,
on or about 3 Nov 1994, without authority, go from your
appointed place of duty, to wit: building 42-300,
hanger 8, Support Section. Article 121. You, did, on
or about 3 Nov 1994, wrongfully appropriate a truck, of
a value in excess of $100.00, the property of A1C -----
---, Suspended reduction to the grade of AMN, and a
reprimand. (No appeal) (No mitigation).

e. Additional: LOC, 7 NOV 94 - Asleep on duty.
LOR, 15 SEP 94 ~ Writing worthless checks.

£. CM: None.
g. Record of SV: None.

(Discharged from Elmendorf AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (1) Yr (4) Mos (18) Das
TAMS: (1) Yr (4) Mos (18) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/22.
FD2002-0189

(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. DD Form 149.

02/08/09/cr
DEPARTMENT OF THE AIR FORCE FD 2002-9/8F
PACIFIC AIR FORCES

 

FROM: 962 AACS/CC

SUBJECT: Notification Letter

1. Lam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFR 39-10, Section H, paragraph 5-46. If my
recommendation is approved, your discharge will be characterized as honorable or general. I am

recommending that your service be characterized as general.

2. My reasons for this action are:

a. From on or about 13 Aug 94 to on or about 1 Sep 94, you wrote five checks to Army Air
Force Exchange Services (AAFES) with insufficient funds as evidenced by a Letter of Reprimand
(LOR), dtd 15 Sep 94; four Dishonored Check Notifications, dtd 25 Aug 94, 29 Aug 94, 1 Sep
94, and 9 Sep 94; an AAFES Form 7200-7, dtd 5 Oct 94. For these incidents, an Unfavorable
Information File was initiated as evidenced by an AF Form 1058, dtd 15 Sep 94. (Atch 1)

b. On or about 7 Nov 94, you fell asleep while on duty as evidenced by a Letter of Counseling
(LOC), dtd 7 Nov 94, (Atch 2)

c. On or about 3 Nov 94, you, without authority, went from your appointed place of duty and
wrongfully appropriated a truck, the property of A1C Fiveash as evidenced by an Article 15, dtd 9

Nov 94. (Atch 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 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 consult Capt Riggles, 552-3887, at Bldg 6-920, rm 330 on
’ at_ 1/400) . You may consult civilian counsel at your own expense.

4. You have the right to submit a statement in your own behalf, Any statements you want the
separation authority to consider must reach me by - bec __ “unless you request and

receive an extension for good cause shown. I will sen hority, ©

 
 

 

   

5. Ifyou fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
6. You have been scheduled for a medical examination. You must report to the 3rd Aerospace
Medicine Squadron, Building 24-850 at 0715 on __ / Dec FY . Fast (drink water
only) for 14 hours prior, no alcohol 72 hours prior, no tobacco products 6 hours prior to
examination, bring eyeglasses and contact solution if using contacts, and you must be it in uniform

for the examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as
explained in AFR 39-10, Attachment 2. A copy of AFR 39-10 is available for your use at your

Squadron Orderly Room.

  

 

Commander

Attachments:

1. LOR, dtd 15 Sep 94, w/ 7 Atchs
2. LOC, dtd 7 Nov 94, w/ 1 Atch
3. Art 15, dtd 9 Nov 94, w/ 2 Atchs
4. Other Supporting Documents (1)