NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE
PERSONAL APPEARANCE

X RECORD REVIEW

 
 
 

 

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION
YES NO

 

MEMBERS SITTING

 

 

 

ISSUES INDEX NUMBER

A94.05 A67.10, A49.00

HEARING DATE

19 DEC 02

CASE NUMBER

FD2002-0215

 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

| SIGNATURE OF RECORDER

   
 
   

 

  
 

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

AFHQ FORM 0-2077, JAN 00

INDORSEMENT.

 
  
 

  

   

 

(EF-V2)

SIGNATURE OF BOARD PRESIDENT

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

AFSN/SSAN

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

VOTE OF THE BOARD

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

| PK) |

 

 

 

 

EXHIBITS SUBMITTED TO.THE BOARD
ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

BRIEF OF PERSONNEL FILE
| 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:

 

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

 

DATE: 19 DEC02

 

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE 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 FD02-0215

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and change the RE Code.

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.

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

ISSUE: The applicant contends his discharge was inequitable because it was too harsh and that he should
have been discharged for unsatisfactory progress or that he should have been discharged in June 2000. The
record shows that the applicant received an Article 15 for failure to go. In addition, he also received three
Letters of Reprimand for failure to go, and failure to meet dress and appearance standards, five Letters of
Individual Counseling for failure to go (three times), failure to maintain room in inspection order, a
Memorandum For Record for failure to meet dress and appearance standards, and two Reports of Course
Examination for failure to progress in On-The-Job training. If the applicant can provide additional
documented information to substantiate an issue, the applicant should consider exercising his right to make
a personal appearance before the Board. If he should choose to exercise this right to a personal appearance
hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any
exemplary post-service accomplishments as well an any contributions to the community. The board
concluded the misconduct was a significant departure from 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
and that the characterization of the discharge received by the applicant was found to be appropriate.

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
FD2002-0215

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

—_ (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/12/19 UP AFI 36-3208,
para 5.49 & 5.26.3 (Misconduct - Minor Disciplinary Infractions & Unsatisfactory
Progress in On-The-Job Training). Appeals for Change to Discharge Reason,
Authority for Discharge, and RE Code.

2. BACKGROUND:

a. DOB: 79/10/19. Enimt Age: 19 1/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFQT: N/A. A-56, E-60, G-46, M-63. PAFSC: 3P031 - Security Forces Apprentice.

DAS: 99/07/20.

b. Prior Sv: (1) AFRes 98/12/18 - 99/03/02 (2 months 15 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/03/03 for 4 yrs. Svd: 03 Yrs 09 Mos 17 Das, all AMS.

b. Grade Status: Alc - 01/03/15
AMN - 99/09/03

ec. Time Lost: None.

d. Art 15’s: (1) 00/06/07, MacDill AFB, FL - Article 86. You, did, on
or about 2 Jun 00, without authority, fail to go at the
time prescribed to your appointed place of duty, to
wit: 6" Security Forces Squadron, Building 528. You,
did, on or about 10 May 00, without authority, fail to
go at the time prescribed to your appointed place of
duty, to wit: Initial Chemical Warfare Training
Appointment, Building 172. Restriction to MacDill AFB,
Florida for 30 days, 15 days extra duty, and a
reprimand. Suspended reduction to AB, and a reprimand.

(No appeal) (No mitigation)

e. Additional: ROCE, 22 JUN 01 - Failure to progress in On-The-Job

training.

LOC, 15 MAY 01 - Failure to go.

ROCE, 21 MAR O01 - Failure to progress in On-The-Job
training.

LOR, 07 APR 00 - Failure to go.

LOR, 16 DEC 99 - Failure to go.

LOR, 02 NOV 99 - Failure to meet dress & appearance
standards.
FD2002+0215

LOC, 29 OCT 99 - Failure to maintain room in inspection
order.

MFR, 29 OCT 99 - Failure to meet dress & appearance
standards.

LOC, 18 SEP 99 ~- Late for duty.

LOC, 18 SEP 99 - Failure to go.

LOC, 10 JAN 99 - Failure to go.

ff. CM: none.

gq. Record of SV: 99/03/03 - 00/11/02 MacDill AFB 2 (Initial) REF
00/11/03 - 01/03/14 MacDill AFB 4 (Cmdr Dir)

(Discharged from MacDill AFB, FL)
h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (03) Yrs (00) Mos (02) Das
TAMS: (02) Yrs (09) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/22.
(Change Reason and Authority for Discharge and RE Code)

Issue: I feel the reason for my discharge should be changed from
misconduct, to failure to progress. The last documentation of misconduct was
recorded in Jun 00. I was given an Article 15, for failure to report to
appointments. I was discharged in Dec 01, after I failed my CDC's for a second
time. Now if I was being discharged for misconduct it should have been in Jun
00, when I was (sic) received my Article 15. I would also like my reentry code
to be changed from 2B to another that would allow me to join another branch of
the military such as; Army, Marines, or Navy. I was given a general (Under
Honorable Conditions) discharge and do not believe that under this discharge I
(sic) should not have been for misconduct. Thank you for reviewing this.

ATCH
None.

02/08/20/ia
PDOZeazZ- oO Z/S5

DEPARTMENT OF THE AIR FORCE

6TH AIR MOBILITY WING (AMC)
MACDILL AIR FORCE BASE, FLORIDA

 

17 GEC 2001
MEMORANDUM FOR 6 AMW/CC

FROM: 6 AMW/JA

SUBJECT: Legal Review of Administrative Discharge Case

1. INTRODUCTION: On 30 Nov 01,