ISSUES

A94.01

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AMN

 

 

TYPE

PERSONAL APPEARANCE
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION
YES NO

MEMBERS SITTING

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

INDEX NUMBER

A67.10

 

 

 

 

 

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

LETTER OF NOTIFICATION

 

HEARING DATE

19 DEC 02

CASE NUMBER

FD2002-0252

 

 

1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3
4

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

REMARKS

SIGNATURE OF RECORDER

 

TO:
SAF/MIBR

 

Case heard at Washington, D.C.

INDORSEMENT

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

 

 

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

AFHQ FORM 0-2077, JAN 00

FROM:

(EF-V2)

   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

 

VOTE OF THE BOARD
HON GEN vOTHC OTHER DENY
X
XxX
Xx
x
X

 

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.

DATE: 19 DEC02

   
 

 

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0252

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 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 for a “few” minor
incidents. The record shows that the applicant received two Article 15’s for failure to go and for stealing a
walkman radio. In addition, he also received a Letter of Reprimand for dereliction of duty, a Letter of
Counseling for vehicle abuse, and a Record of Individual Counseling for violation of regulation by leaving
his assigned military working dog unattended. Ifthe 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
FD2002-0252
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 88/04/07 UP AFR 39-10,

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

2. BACKGROUND:

a. DOB: 67/08/04. Enlmt Age: 18 6/12. Disch Age: 20 8/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-56, G-52, M-75. PAFSC: 81152A - Law Enforcement
Specialist. DAS: 87/10/22.

b. Prior Sv: (1) AFRes 86/02/05 - 86/04/30 (2 months 26 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 86/05/01 for 4 yrs. Svd: 01 Yrs 11 Mo 07 Das, all AMS.

b. Grade Status: AMN - 88/03/04 (Article 15, 88/03/04)
Alc - 87/10/11
AMN - 86/11/01

c. Time Lost: None.

d. Art 15’s: (1) 88/03/04, Lackland AFB, TX - Article 86. You did, on
or about 16 Feb 88, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Amn. Forfeiture of $175.00 pay, and 7
days correctional custody (correctional custody
suspended). (No appeal) (No mitigation)

(2) 87/06/09, Osan AB, Korea - Preliminary investigation
has disclosed that you, did, on or about 27 May 87,
steal a walkman radio, of a value of about $30.00, the
property of Major ------- . Forfeiture of §200.00.

(No appeal) (No mitigation)

e. Additional: LOC, 27 JAN 88 - Vehicle abuse.
RIC, 15 JAN 88 - Violation of regulation, and leaving

assigned military working dog unattended.
LOR, 07 JAN 88 ~ Dereliction of duty.

f. CM: None.

g. Record of SV: 86/05/01 - 87/05/19 Osan AB 9 = (Annual)

(Discharged from Grissom AFB)
FD2002-0252

h. Awards & Decs: AFTR, AFOSSTR.

i. Stmt of Sv: TMS: (02) Yrs (02) Mos (03) Das
TAMS: (01) Yrs (11) Mos (07) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/10.
(Change Discharge to Honorable)

Issue 1: Dear Sirs, I am requesting that my discharge be upgraded to
"Honorable" because I feel it was inequitable based on a "few" minor incidents
in a 23 month term of service and did not give me a true opportunity to grow and
excel in my career. As a young man in the Air Force, I know I made some
juvenile mistakes and that I had not "grasped" a true hold on my chosen
profession. [I have enclosed copies of my schools since my departure from the
service. I hope these show to you my dedication to law enforcement and that
without my Air Force opportunity, I would not be the man I am now. Thank you
for your consideration in this matter.

ATCH

DD Form 214.

Five Training Certificates.
Certificate of Achievement.
Twelve Training Certificates.
Three Award Certificates.
Three Training Certificates.
Certificate of Achievement.
Training Certificate.

or~yA uM bw he

02/09/19/ia
REPLY To
ATTN OF:

SUBJECT:

TO:

Fo 200R~ 2252—

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 305TH COMBAT SUPPORT GROUP (SAC)
GRISSOM AIR FORCE BASE, INDIANA 46971-5000

JA 30 March 1988

 

Final Legal Review of AFR 39-10 Action:

305 CSG/CC

1. We have reviewed and found to be legally sufficient the attached AFR

39-10 action concerning gegen.

2. On 24 March 1988, the Commander, 305 Security Police Squadron, initiated
this action to effec tiie separation pursuant to AFR 39-10,

Paragraph 5-46. A general discharge without probation and rehabilitation was
recommended. On 29 March 1988, after consulting with military legal counsel,

piiigym submitted a statement in response to this action.

3. SUMMARY OF THE EVIDENCE

a» For the Government: This action is based onqy@RR@MA@P failure to
go to his place of duty, as evidenced by an Article 15, dated 4 March 1988;
his theft of property, as evidenced by an Article 15, dated 9 June 1989; his
unprofessional conduct which injured another member of the Air Force, as
evidenced by a Letter of Reprimand, dated 7 January 1988; for negligence in
the care of a military working dog, as evidenced by a Record of Counselling,
dated 15 January 1988; and his abuse of a vehicle, as evidenced by a Letter
of Counselling, dated 27 January 1988.

b. For the Respondent: «iWUNRMjgg, is 20 years of age, married, and has
served approximately 1 year and 11 months of his current enlistment. APRs for

the current enlistment reflect the following ratings: 9.