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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

    

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GRADE AFSN/SSAN

 

 

   
 

TYPE

 

PERSONAL APPEARANCE

4 NAME OF COUNSEL AND OR ORGANIZATION

 

 

Case heard at Washington, D.C.

submit an application to the AFBCMR,

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

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

    
     

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES . INDEX NUMBER ree SUBMITTED TO LH.
A92,21; A93.01 A67,10 j | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
22 Nov 02 ¥D2002-0250 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
4 EROARL OS. y q z : r { 5 Te
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REMARKS

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

TURE OF BOARD PRESIDENT

 

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.
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CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0250

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (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 the 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’s issue pertains to his post-service activities. The DRB was pleased to see that the
applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was
found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately
characterized his term of service.

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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0250
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 90/04/20 UP AFR 39-10,

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

2. BACKGROUND:

a. DOB: 66/06/06. Enlmt Age: 17 10/12. Disch Age: 23 10/12. Educ: HS DIPL.
AFQT: N/A. A-56, E-62, G-80, M-68. PAFSC: 27152 - Operations Resource
Management Specialist. DAS: 87/12/12.

b. Prior Sv: (1) AFRes 84/05/04 ~ 84/08/12 (3 months 9 days) (Inactive) .

(2) Enlisted as AB 84/08/13 for 4 yrs. Svd: 3 yrs 7 months 5
days, all AMS. AMN - 85/02/13. A1C - 85/11/13. SRA - 87/08/13. APRs: 8,7,7,9.

3. SERVICE UNDER REVIEW:

a. Renlisted as SRA 88/03/18 for 4 yrs. Svd: 02 Yrs 01 Mo 02 Das, all AMS.

b. Grade Status: SRA - 90/03/13 (Vacation of NCO status)
Sgt - 90/01/22 (Reappointment to NCO status)
SRA - 89/04/26 (Vacation of NCO status)
Sgt - Unknown.

c. Time Lost: None.

d. Art 15’s: (1) 89/05/03, Kirtland AFB, NM ~ Article 92. You did, on
or about 9 Apr 89, violate a lawful general regulation,
to wit: Kirtland AFB Supplement 1, paragraph 2c, AFR
125-26, dated 15 Sep 81, by wrongfully carrying a
firearm. Article 128. You did, on or about 9 Apr 89,
assault Sgt ------- , by coming at him with a firearm
and saying to him, "I'm ready for you now" or words to
that effect. Suspended reduction to A1C, and 30 days
correctional custody. (No appeal) (No mitigation)

(2) 86/05/21, RAF Mildenhall, UK - Article 108. You, did,
on or about 9 May 86, without proper authority,
willfully damage by painting the words "I hate this
fucking place" on the top and back of a tool box,
military property of the United States, the amount of
said damage being in the sum of leas than $100.00.
Suspended reduction to AB, and 30 days correctional
custody. (No appeal) (No mitigation)
4.

e. Additional: LOR, 13

RIC, 09
RIC, 29
Loc, 13
RIC, 22

£f. CM: None.

g. Record of SV:

h. Awards & Decs:

i. Stmt of Sv: TMS:
TAMS:

FD2002-0250

MAR 90 - Failure to comply with a lawful order or
directive by playing excessively loud

music in the dormitory.
NOV 89 - Late for work.
JUN 89 - Poor judgement.
MAR 89 - Failure to go.

AUG 88 - Improper parking and negative attitude

towards the Security Police.

87/12/12 - 88/05/14 Kirtland AFB 9 (CRO)
88/05/15 - 89/05/14 Kirtland AFB 8 (Annual)
89/05/15 - 90/03/10 Kirtland AFB 2 (CRO)

(Discharged from Kirtland AFB)

AFTR, AFOSLTR, AFLSAR, AFOQUA.

(05) Yrs (11) Mos (17) Das
(05) Yrs (08) Mos (08) Das

BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/31.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1.

Character Reference.

02/09/18/ia
May 31, 2002
FD 2002-0 250

To Whom it may concern,

J am writing this letter as an attachment to my request for my discharge to be
upgraded. My intent is to give a first hand indication of my acknowledgement that I am
fully aware of past error in judgment and the change that has occurred in myself since the
incidents that lead to my untimely discharge. The following will be a brief account of my
recollection of the events that lead to discharge and personal growth factors to be
considered.

My professional career in the United States Air Force was on a path to be above
average. It started by me graduating in the top 10% of my technical training class. I
successfully obtain promotion on 1* PFE testing for E-5. I also graduated in top 10% of
leadership training graduating class. In my last assignment, on a daily basis, I was
independently responsible for greeting and interacting with military & civilian VIP’s.

By no means is this an attempt to claim my career to be stellar. It is simply to give
recognition to some positive aspects of my military tenure.

In addressing the discharge, I was officially discharged under “Other than
honorable condition”. The final incident was based on an “off-duty” disagreement with a
dorm mate. This incident at no point involved any physical altercations, All of the minor
infractions that led to my discharge were never of a physical or destructive nature. In fact
in hindsight the basis for each of the situations was my personal attitude. My immaturity
led me to believe at the time that I was right and justified in my actions. My degree of
intelligence gave me false sense of security and confidence, which at the time hampered a
mature responsible response.

In the days, months and years that have come to past since my discharge I have
developed and learned from past mistakes. I am currently pursuing both my B.A. in Info
Systems and my MCSE certifications. I regularly volunteer at Lied Dining Hall for the
homeless. Currently employed in Internet tech support. So as you can see I am currently
and have been since my discharge a productive individual of my community. At this time
Iam currently attempting to progress and move forward. Therefore, this is a plea to
provide me with the needed tools to create a secure future for my family.

As I have come to learn hindsight is part of maturing. I can see and admit the
actions I took were directly responsible for my discharge. I understand that the benefits
provided to me by the United States Air Force were a privilege. J am requesting that my
discharge be upgrade from “under other than honorable” to “ honorable.”

Thank you for your time and consideration. I look forward to hearing from you in
the near future.

Sincerely,
, fDZ0C2- OZRSO

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 1606TH AIR BASE WING (MAC)
KIRTLAND AIR FORCE BASE, NEW MEXICO 87117-5000

 

‘ATTN oF: JA