AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAT) ““T GRADE | AFSN/SSAN ° ~—
AMN
‘TYFE ° ) ~ TT
. ___ PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND GR ORGANIZATION me | ADDRESS AND OR ORGANIZATION OF COUNSEL. oT
“FER No
x
* —~ oo “oo VOTE OF THE ROARD mS
MEMBERS SITTING nan GEN  TYTH CTIER | DENY
x
x
X
xX
xX
L... _ ean ne Ln, io _
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD Bee ee
A94.05 A67,10 ] | ORDER APPOINTING FHE BOARD
[2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LATIFROF NOTIFICATION
HEARING DATE “CASE NUMMER” 4 | BRIEF OF PFRSONNEL FILE ”
22 OCT 02 FD2002-0248 COUNSELS RELEASE TO THE HOARD
“| APDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEAR ANE
“TAPE RECORDING OF PERSCINAL APPLRANCE HEARING "|

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL AKE DISCUSSED ON THR ATTACHED AIR TORCR DISCHARGE REVIEW BOARI DECISIONAL RATIONALE.

 

 

REMARKS
Case heard at Washington, D.C,

a
Advise applicant of the decision of the Board, the right ta 4 personal appearance, and the right to submit an application to
the AFBCMR.

 

 

 

 

 

 

 

INDORSEMENT DATE: 22 OCT 02
——— Z . a . _ iam
SAF/MIBR SECRETARY OF THE AIK FORCE PERSONNEL COUNCH.
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFR, TX 78150-4742 1535 COMMAND OR, ER WING, BR FLOOR
ANDREWS AFB, MD 20762-7iKi2
AFHQ FORM 0-2077, JAN00 ({EE-V2) ” Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0218

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 ta
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 jusiily a change of discharge.

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

ISSUE: The applicant believes he was given the opportunity to end his term of service and that he left on
his own will and was not kicked out of the armed forces due to misconduct. The record indicates the
applicant received an Article 15 for being AWOI. for three days; a Vacation action of a suspended
reduction in grade for failure to pay just debts; three Letters of Reprimand for failure to carry automobile
insurance, failure to pay debts, and driving his vchicle without insurance; three Letters of Counseling for
failure to go, failure to account for tools, and failure to pay debts; and a Memorandum for Record for
speeding, having expired tags, and no insurance. The DRI opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the
misconduct was a significant departure from conduct expected of al] military members, The
characterization of the discharge reccived 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 authorily 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 or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2002+-0218
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1lC) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Digch fr USAF 95/08/16 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 74/05/06. Enlmt Age: 18 9/12, Disch Age: 21 3/12. Educ: HS DIP.
AFQT: N/A. A-46, E-56, G-37, M-74. PAFSC: 2A632 - Aerospace Ground Equipment
Apprentice. DAS: 94/07/28.

b. Prior Sv: (1) AFRes 93/02/18 - 94/01/30 (11 Mos 13 Days) (Inactive) .

3, SERVICE TINDER REVIEW:
a. Enld as AB 94/01/31 for 4 yre. Svd: 1 ¥r 6 Mos 16 Das, all AMS.

* Examiner’s Note: No DD Form 4 in file to verify entry grade and
date of rank to AMN. It appears, applicant entered active duty

as AB and he was promoted to AMN upon completion of technical
training school .

b. Grade Status: AMN - 95/06/26 (Vacation of Article 15, 95/07/20)
Alc - 95/05/31
*AMN - 94/05/31

e. Time Lost: 24 Days (3-5 Jun; 21 Jul - 10 Aug).

ad. Art 15's: (1) 95/07/20, Vacation, Cannon AFB, NM, Article 134, You,
being indébted to AAFES in the sum of §438.45 for
miscellaneous purchases, From on or about 6 Jun 95, to
on or about 6 Jul 95, dishonorably fail to pay said
debt. Reduction to the grade of AMN. (No appeal) (No
mitigation) .

(2) 95/06/26, Cannon AFB, NM, Article 86. You, did, on ar
about 3 dun 95, without authority, absent yourself from
your unit, to wit: Cannon Air Force Base, New Mexico,
27 Equipment Maintenance Squadron, building 22, and
did remain so absent until on or about 5 Jun 95.
Suspended reduction to the grade of AMN, forfeiture of
$150 pay per month for 2 months, and 30 days extra
duty. (No appeal) (No mitigation).

é. Additional: LOR, 21 AUG 95 - Failure to carry automobile insurance.
LOR, 20 JUL $5 - Driving vehicle without insurance.
FD2002-0218

LOR, 17 JUL 95 - Failure to pay debte.

LOC, 21 JUN 35 - Failure to go.

LOC, 5 JAN 95 - Failure to account for tools.
Loc, 20 OCT 94 - Failure to pay debt.

f. CM: None.
g. Record of SV: None.

(Discharged from Cannon AFB}

4

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (28) Das
TAMS: (1) Yr (6) Mos (15) Dag

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/10.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH
1. Applicant's Issues.

02/08/22/CR
(FO2002~ O21¢

MEMORANDUM FOR 27 FW/CC 175 aus 1%

FROM: 27 FW/JA (Capt Beckstrom)

SUBJECT: Legal Review of proposed AFI 36-3203 Discharge Action under AFPD 36-32 (Amn
pein. F 27 EMS).

1. [have reviewed the attached discharge action on Amn@QQQQ§9# and find it factually,
procedurally, and legally sufficient. The initiating commander re¢commends discharge for
Misconduct, specifically, Minor Disciplinary Infractions. This case meets the criteria for
discharge under AFT 36-3208, paragraph 5.49 and is supported by a preponderance of the
evidence. The commander recommends a General Discharge. This member is not entitled to a
hearing before an administrative discharge board.

2. DISCUSSION:

a. In support of this action, the commander cites the following reasons: Amn Qa failed
to carry automobile insurance and received four motor vehicle citations in a 2 month period, failed
to pay his just debts, was absent without leave (AWOL), failed to control tools that he was
responsible for, and failed to go. This misconduct was evidenced by an Article 15, three Letters
of Reprimand, and three Record of Individual Counselings.

b. The Respondent’s service should be characterized as General. The significant negative
aspects of his conduct outweigh the positive aspects of his record. The Respondent’s service is
not otherwise so meritorious that an Honorable Discharge is appropriate. On the other hand, the
Respondent’s misconduct is not so severe as to warrant an Under Other Than Honorable
Conditions characterization. Separation is warranted because of respondent's failure to comply
with Air Force standards and because of his failure in all previous rehabilitative efforts, Probation
and rehabilitation are not warranted when respondent has already been afforded sufficient
opportunity to overcome his deficiencies without success.

c. Probation and rehabilitation are not appropriate in this case. The Respondent’s commander
has already used most available rehabilitative tools without effect.

d. The Respondent elected not to submit a statement after consulting counsel on 18 Jul 95.

3. ERRORS AND IRREGI JLARITIES: None,
fP2OO2-O2/¥

4. OPTIONS OF THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY, You
may:

a. Retain the Respondent in the Air Force;

b. Recommend to the General Court-Martial Convening Authority that the Respondent be
discharged because of Misconduct, for the reasons alleged by the commander, with an Honorable
Discharge, with or without probation and rehabilitation;

c. Discharge the Respondent because of Misconduct, for the reasons stated by the commander,
with a General Discharge, with or without probation and rehabilitation;

d. Direct the unit to reinitiate the action to be processed under board hearing procedures if you
determine an Under Other Than Honorable Conditions Discharge may be warranted.

If you determine a General Discharge is appropriate, you are the final authority in this matter and
your action will result in a final determination. If you recommend approval of an Honorable
Discharge, you must forward the case file to the discharge authority, 8AF/CC, along with a
statement of reasons why the case warrants the issuance of such a characterization.

5, RECOMMENDATION: _ I find that the reasons listed in the commandet’s report are
sufficient to warrant discharge under AFI 36-3208, paragraph 5.49, Accordingly, I recommend
that Amn QB be discharged from the United States Air Force with a General Discharge

without probation and rehabilitation.

 

a
ee
Attachments
1. CC App Ltr |
2. Amn@P@Re Waiver/Statement
3. Case File

Ip.doe
7 : = 2.08) = af
DEPARTMENT OF THE AIR FORCE’ % 700? ~ 9278

HEADQUARTERS 27th FIGHTER WING (AGC)
CANNON AIA FORCE BASE, NEW MEXICO

 

FROM: 27 EMS/CC

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for Misconduct,
specifically, Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, paragraph 5.49. If my recommendation is approved, your service willbe
characterized as Honorable or General. I am recommending that your service be characterized
as General.

2. My reasons for this action are:

a. Between on or about 1 May and 21 Jul 95, you received four traffic citations, two of

which were for failure to carry insurance, as evidenced by a Letter of Reprimand, dated 11
Aug 95 (Atch 1a).

b. On or about 6 Jun 95, you failed 1o pay your just debt to AAFES, as evidenced by a
Vacation of Suspension, dated 20 Jul 95 (Atch 1b).

c. On or about 13 Jul 95, you failed to provide full insurance coverage on your vehicle,
which caused a default in your contract with Cannon Federal Credit Union, as evidenced by a
Letter of Reprimand, dated 20 Jul 95 (Atch Ic).

d. On or about 14 Jul 95, you failed to pay your just debt to Midtown Credit, as evidenced
by a Letter of Reprimand, dated 17 Jul 95 (Atch 1d).

e. On or about 3 Jun 95, you without authority, were absent without leave, as evidenced by
an Article 15, dated 27 Jun 95 (Atch le).

.  £ Onor about 15 May 95, you failed to go to your scheduled Career Development Course
test, as evidenced by a Letter of Counseling, dated 21 Jun 95 (Atch 14).

g. Onor about 5 Jan 95, you failed to control tools that were your responsibility, as
evidenced by a Letter of Counseling, dated 5 Jan 95 (Atch 1g).

bh, Onor about 18 Oct 94, you failed to pay your just debt to AAFES, as evidenced by a
Letter of Counseling, dated 20 Oct 94 (Atch 1h).
(P2002 ~O21€

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 special pay, bonuses, or education assistance funds may be
subject te recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist
you. Ihave made an appointment for you to consult Captainipagls at building 327, ext
2915 on 18 Jul 95 at 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 within 3 workdays from today 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 on your own behalf, your failure will

constitute a waiver of your right to do so. eae
te

7. You completed a medical examination at the 27th Medical Group on 244ul 95.

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 your unit orderly room.

    

Section Commander

Attachments:

1, Supporting Documents

2. Other Derogatory Data

3, Airman’s Acknowledgment