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ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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PERSONAL APPEARAN CE

SAME OF COLASEL ANT OR UNGANIZATIUN

 

 
 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDIE INITIAL)

 

GRADE AFSNISSAN

X RECORD REVIEW

 

 

 

MEMBERS SITTING

 
  

 

ADDRESS AND OR ORGANIZATION GF COUNSFE

 

 

 

OTIER

 

 

 

 

 

 

 

 

 

 

ISSUES INDEN NUMBER
AIS, 00 A67,10

| TIRARING DATE CASE NUMBER
3 OCT 02 FD2002-0198

 

 

 

REMARKS
Case heard at Washington, B.C,

 

 

 

 

 

 

  

  

EXHIGITS SRBMEE PRET DHE HOARE)

 

 

ORDER APPOINTING THE BOARTD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

1

Z

3 | LETTER OF NOTIFICATION

“4. (| BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE HOARD

 

 

 

| RDDITIONAL EXHIGITS SUBMIT TE? AT ViMi OF
PERSONAL APPEAR ANCE

 

 

 

TAPE RECORDING OF PERSONAL APFRRANGE IEARING

 

    

 

 

cs

 

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

 

 

SAN/MIDR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TH 78150-4742

 

 

 

AFHQ FORM 0-2077, JAN 00 —

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCILARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°" FLOOR

ANDREWS AFB, MD 20762-7002

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0198

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 denicd.

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 had four
Letters of Reprimand for failure to pay a traffic fine, failure to go and failure to pay just debt (twice). He
also received four Letters of Counseling and a Memo For Record for unsatisfactory off duty conduct,
dishonored checks (rwice), dereliction of duty and failure to go. 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 1n 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
~ FD2002-01598
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AlC) (HGH Al1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 92/06/04 UP AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions}. Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 70/12/20. Enlmt Age: 18 7/12, Disch Age: 21 5/12. Educ:HS DIPL.
AFOT: N/A. A-56, E-78, G-74, M-84. PAFSC: 81150 - Security Specialist.
DAS: 90/03/08.

b. Prior Sv: (1) AFRes 89/08/14 - 89/10/05 (01 month 22 days) (Inactive).

3, SERVICE UNDER REVIEW:

a. Enlisted as AB 89/10/06 for 4 yrs. Svd: 02 Yrs 07 Mo 29 Das, all AMS.

hb. Grade Status: AlC - 91/02/06
AMN - 90/04/06

ce. Time Lost: none.

da. Art 15's: none.

€. Additional: LOR, 08 MAY 92 - Failure to pay a traffic fine.
LOR, 29 APR 92 - Failure to ga,
LOR/UIF, 15 APR 92 ~- Failure to pay just debt.
LOR, 15 DEC 91 - Failure to pay just debt.
LOC, 12 OCT 91 += Unsatisfactory off duty conduct.
Loc, O05 OCT 91 - Dishonered checks.
10 SEP 9] - Dishonored check notice.
MFR, 16 JUL 90 - Dereliction of duty.
Loc, 08 JUN 90 - Dishonored checks.
LOC, 26 APR 90 - Failure to qo.

£. CM: none.

gq. Record of SV: 89/10/06 - 91/06/05 Ellsworth AFB 4 (Initial)
91/06/06 - 91/11/20 Ellsworth AFB 4 = (CRO)

{Discharged from Ellsworth AFB)

h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: {02) Yrs (09) Mos (21) Dag
TAMS: (02) Yrs (07) Mos (29) Dasa
FD2002-0198

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/05.
{Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
nome.

02/08/16/ia
re , PD 2602- OFT

‘(DEPARTMENT OF THE AIR FORGE ,
HEADQUAHI ERS 281H WING (SAC)
ELLSWOATH AIR FORCE BASE, SOUTH DAKOTA 27706-5000

 

REPLY TO

“Teor TA (Capt Sibbel, 5-2329) 1 Jun 92
“Legal Review - Notification Discharge: naan, F RE
= cc

1. I have reviewed the attac administrative discharge case file on Airman
First C 1a5S aN bT 44th Missile Security Squadron,
and find it legally sufficient to support discharge. It also supports 44
MSS/CC's recownandation to separate the respondent with a general discharge
without a conditional suspension of the discharge for a period of Probation

and Rehabilitation (P & R).

2. On 20 May 92, 44 MSS/CC initiated this separation action pursuant to AFR
39-10, paragraph 5-46, for misconduct involving minor disciplinary

infractions. On the same date, cone acknowledged
notification of this action. On 27 May 92 waived his right to

submit matters for your consideration after waiving his option to consult with
legal counsel.

3. The reasons for the proposed discharge action are:

a. On or about 29 Apr 92, waOMIN Was arrested by the Box Elder
Police Department on a bench warrant for. failure to appear to pay a traffic
fine for speeding. For this offense, he was given a Letter of Reprimand (LOR)
on & May 92.

b. On or about 13-14 Apr 92, SMM failed to go at the time
prescribed to his appointed place of duty. For this offense, he was given an
LOR on 29 Apr 92.

c. On or about 16 Mar 92, sQRM@QetiME dishonorably failed to pay a just
debt in the sum of $80.00 to Avco Financial Service. For this offense, he was

given anLOR on 15 Apr 92 which was entered into his Unfavorable Information
File (UIF}.

4, The respondent is 21 years old. He entered active duty on 6 Oct 89 for
teri of four years. He has two EPRs with a promotion recommendation rating
of 4.

5. After reviewing the entire case file, I have determined that the
respondent is subject to discharge and should be separated from the service.
The nature and quantity of the respondent's misconduct clearly provide a
basis for discharge. All of the offenses which constitute a ground for
discharge occurred within an extremely short period of time - less than two
months. The respondent has failed to maintain the high standards set forth
for Air Force members. Consequently, the respondent's separation is in the

Peace... . is our Prafesstoan
_ FR.2202 - LIFE

best interests of the Air Force. Furthermore, the respondent's misconduct
makes his presence on Ellsworth AFB undesirable and I recommend that he be
debarred from the base.

6. After considering all the facts in this case, I find that the respondent's

misconduct outweighs the positive aspects of his military record. I believe
that his service should be characterized as general (under honorable
conditions).

7. The respondent's failure to conform to standards after having been
counseled and reprimanded indicates that he is not a suitable prospect for
P &R. Retention in a probationary status would be prejudicial ta good order

and discipline.
8. As the Special Court-Martial Convening Authority, you may:
a. Direct that the respondent be retained;

b. Recommend to 8 AF/CC that the respondent be separated with an
honorable discharge, with or without P & R;

c. Direct that the respondent be separated with a general discharge,
with or without P & R; or

d. Direct that the case be reinitiated and processed according to AFR

39-10, Chapter 6, Section C, if you believe that a UOTHC discharge is
appropriate.

RECOMMENDATION

9. That you separate SME under AFR 39-10, paragraph. 5-46, with a
general discharge, without P &R. I further recommend that you direct 28
SPS/CC to draft a letter for your signature debarring the respondent from
Ellsworth AFB. sai og

     
   
     

i 7

a eer Major, USAF 1 Atch
Acting Staff Judge Advocate . Case File
. Fo reod-2/7 5

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 44TH SECURITY POLICE GROUP {5AcC)
ELLSWORTH AIR FORCE BASE, SOUTH DAROTA 57706-5000

 

REPLY To

ator, 4d MSS8/CC 20 May 9?

supsect. Notification Letter

Te es

1. I am recommending your discharge from the United States Air Force for
misconduct involving minor disciplinary infractions. The authority for this
action is AFR 39-10, paragraph 5-46. If my recommendation is approved, your
service 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. On or about 29 Apr 92, you were arrested by the Box Elder Police
Department on a bench warrant for failure to pay a traffic fine for speeding.,
For this offense, you were given a Letter of Reprimand (LOR) on 8 May 92.

b. On or about 13-14 Apr 92, you failed to go at the time prescribed
to your appointed place of duty. For this offenses, you were given
a LOR on 29 Apr 92,

c. On or about 16 Mar 92, you dishonorably failed to pay a just debt in
the sum of $80.00 to Avco Financial Service. For these offenses, you were
aa Ey on 15 Mar 91 which was entered into your Unfavorable Information
File (UIF).

d. Qn or about 6 Dec 91, you dishonorably failed to pay a just debt to
GMAC Finance. For this offense, you were given a Letter of Reprimand on 15

Dec 91.

Copies of 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

| , ‘at Bidg 1208 on 22 mega at GWG hrs. You may consult
civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statement
you want the separation authority to consider must reach me by

unless you request and receive an extension for good cause shown. I/will send
any statement that you submit to the separation authority for his
consideration.

Peace... . '8 owr Profession
«FR 2BOZ- 2S/GE

5. 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.

6. You are scheduled for a medical examination. You must report to the Base
_ Hospital Physical Exam at 0730 on da May for the examination.

7. Any personal information you furnish in rebutta] is covered by the Privacy

Act Statement as explained in AFR 39-10, attachment 6. A copy of AFR 39-10 is
available in your orderly room,

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

3 Atchs
1. Supporting documents

‘a. LOR - 8 May 92
b. LOR - 29 Apr 92
c. LOR/UIF - 15 Apr 92
d. LOR - 15 Dec 91
2. Other Derogatory Documents
a. LOC - 11 Oct 91
b. LOC - 5 Oct 91
c. Dishonored Check Notice -
10 Sep 91
d. MFRs - 16 Jul 90
e. LOC - 8 Jun 90.
f. LOC - 26 Apr 90
3. Airman's Acknowledgment