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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE ENITTAL) , GRADE AESNASSAN,

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X PERSONAL APPEARANCE - RECORD REVIEW

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7 | APPLICATION FOR REVIEW OF DISCHARGE

 

[3 | LETTER OF NOTIFICATION
HEARS; DATE , TASE I MEER . 4 | BRIEF OF PERSONNEL FILE

2 1017 FD20014N09 COUNSELS RELFASF TO THE BOARD

“ADDITIONAL | NHIBITS SUBMITTED AT TIME OF
PERSONAL APPL ARANCE

 

 

 

 

 

TAPE RECURINNG OF PERSONAL APPERANCE HP ARTSG
APPLICANT S SCE AND THE BOARD 5 DECISIONAL RATIONAL ARE GINCUSSED ON THE ATTACHED AIR POLE DISCHARGE REVIEW BOARD DECISIONAL RATRONALE- —

 

 

 

REMARES

+ Change Reenlistment Code (RE): “Change of Reason to Secretarial Authority

Case heard at Washington, D.C.

The AFDRE determined ihe applicant's reenlistmeat code (RE) would be changed to 3K and thai the reason for discharge
should be “Secretarial Authority"

The Board finds the evidence of record and that provided by the applicant substantiates an inequity or impropmety which
justifies upgrading bis discharge from general to honorable.

Advise applicant of the decision of the Board.

 

 

EXDOSEMENT DATE: 02 09 47
To: — - - = FROM —™ 7 — ~
SAP/MIBR ™ SECRETARY OF THE AIR FORCE PERSOSONEL COL NCIL
3200 STREFT WES! SUITE 40 AIR FORCE DISCHARGE REWIEW BOARD
RASDMOLPH AFB. TX 73450-4747 . i 1535 COMMAND DR. EF WING, 3°? FLOOR

 

ANDREWS AFB. MU 20762-7102
{EV-V) ~ Previous edition will he used

AFHQ FORM 0-2077. JAN 00
CASE SI WEBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE F1)2001-0408

GENERAL: The applicant appeals for upgrade of discharge to Llonorable. change of reason for discharge.
and change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Revicw Board (DRB). at Andrews AFB. MD on
October 17, 2007.

The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant's contentions
FINDINGS: The Board grants the relicf requested.

ISSUES: The member received a general discharge for misconduct minor disciplinary infractions. The
misconduct included failure to pay just debt. illegal use of government credit card and failure to go.
Applicant states the discharge was too harsh and he should have been offered probation and rehabilitation.
After a thorough and complete consideration of the information submitted by the applicant. the applicant's
compelling personal testimony. and information contained in the record. the Board concluded there was
sufficient mitigation and cxtenuation to substantiate upgrade of the discharge. to change the reason for
discharge. and to change the RE code. The Board did find the legal use of the government credit card to
be misconduct: but while not condoning the applicant's actions. the Board did not find his misconduct to
warrant the discharge he received. Specifically. the Board opined that the applicant's command element
neither offered the applicant the opportunity to resolve his indebtedness nor provided any positive
intervention or rehabilitation that would likely prevented further disciplinary actions. As a result. the Board
found the characterization of his discharge to be too harsh and inequitable.

CONCLUSIONS; The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. However, the inequities in this record
require a change to his service charactertzalion and re-enlistment code. The Board concludes the following
changes should be made to the applicant's records: (1) the applicant's service characterization should be
changed from “General” to “Honorable”, (7) the reason for discharge should be changed to “Secretarial
Authonty”: and (3) that his re-enlistment code be changed from "2B" to ~3K™.

Attachment:
Examiner's Bnet
FD2001-0408

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

{Former AlC) (HGH A1¢)
MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 37/02/24 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractiona). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 66/12/30. Enimt Age: 27 Of/l2. Disch Age: 30 1/12. Educ:HS DIPL.
AFOT: N/A. A-46, E-68, G-72, M-86. PAFSC: 2T231 - Air Transportation
Apprentice. DAS: (EPR Indicated): 94/04/20-94/04/19..

b. Prior Sv: (1) AFRes 94/01/28 - 94/04/19 (2 months 22 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted aa 94/04/20 for 4 yra. Svd: 02 Yre 10 Mo OS Das, all AMS.

b. Grade Status: Alc - 95/0B/20
AMN - (BPR Indicates}: 94/04/20-95/12/19

e. Time Lost: none.

qd. Art 15's: none.

e@, Additional: LOR, 16 JAN97 - Failure to pay just debt.
LOR, 07 NOV 96 - Illegal use of government credit card.
VEC, 03 OCT 96 - Failure to qo.

£. CM: none.

g. Record of SV: 94/04/20 - 95/12/19 Charleston AFR 3 (Initial)
95/12/20 - 96/08/01 Charleston AFB 4 (CRO)

(Discharged from Little Rock AFB)
h. Awards & Decs: AFAM, AFOUA, AFTER.

i. Stmt of Sv: TMS: (03) Yrs (00) Mos (27) Das
TAMS: (02) ¥re (10) Mos (05) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 01/07/30.
(Change Diacharge to Honorable)

Issue 1: I am requesting that my discharge be upgraded to Honorable go that
I might be accepted into the Air Force Reserve/Air Guard. I have been to the
FD2001-0408

recruiter of both branches and was told that I would need an Honorable discharge
to join. ,

ATCH
1. DD Form 214.

02/03/19/ila
DEPARTMENT OF THi AIR FOF.CE
39TH WING (USAFE)

MEMORANDUM FORM

is Rem 3\yP~ 47

 

FROM: 628 AMSS/CC

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFI 36-3208, Chapter 5, Section H, Paragraph 5.49.

If my recommendation is approved, your service will be characterized as honorable or general. |
am recommending that your service be characterized as general.

2. My reasons for this action are:

On 13 January 1997, you were delinquent in paying your American Express account, which
was 84 days overdue in the amount of $634.97, As a result you received a Letter of Reprimand
(LOR) on 16 January 1997 and an entry to your existing Unfavorable Information File (UIF) on
27 January 1997.

From October 1995 to August 1996 you used your government American Express card 65
times for personal use in the amount of $1,698.00. Asa result of your actions, you received a

LOR on 7 November 1996, UIF entry on 0 20 November 1996, and placement on the Control
Roster, |

On 27 September 1996, you violated UCM Article 86, in which you failed to go to your
scheduled base orientation appointment. You were verbally counselled on 3 October 1996 as a
result of your action. | :

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 wil! 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. Any special pay, bonus, or education assistance funds may be
subject to recoupment. _ 4

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

An appointment has been scheduled for you to consult the Area Defense Counsel, Capt ae
Segiae ‘3 Feb.97 at 1300 brs in Building 885. You may consult civilian

4
pozeo(- of OF

counsel at your own expense. The Air Force does not pay expenses incident to the employment
of civilian counsel.

5. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me by 5 Feb 97 unless you request and
receive.an extension for good cause shown. I will send them to the separation authority. 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 have been scheduled for a medical examination. You must report to the 39 MDG
Physical Exams Section at 0730 hrson 3 Feb 97 for the examination.

7. 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 Building 979, Base Information Library.

 
   

Commander, 628 AMSS

Attachments: fl

1. AF Form 1058 w LOR dated 16 Jan 97, AMEX Aging Analysis

2. AF Form 1058 w/ LOR dated 7 Nov 96, AMEX Monthly Activity Report
3. Missed Appointment Memorandum dated 27 Sep 96

0 et see arpa