AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE Be,
PERSONAL APPEARANCE X RECORD REVIEW
"COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
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VOTE OF: THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

     

 

 

 

 

 

 

 

 

MEMBERS SITTING HON “GEN UOTHC OTHER DENY
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ISSUES INDEX NUMBER i EXHIBITS SUBMITTED TO THE BOARD
A92.21, A94.05 A67,90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
19 FEB 03 FD2002-0449 ; 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.

 

 

REMARKS
Case heard at Washington, D.C.

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.

SIGNATURE OF RECORDER

  

DATE: 19:FEB 03

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

        

  

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0449

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 does not contest the discharge; he mentions his post-service activities and the fact
that he would like the GI Bill. The record indicates the applicant received three Records of Individual
Counseling, two Letter’s of Counseling and eight Letter’s of Reprimand for traffic tickets (three), driving
with expired registration (twice), failure to register vehicle on base, failure to pay just debts, failure to go,
late for work, failure to complete a given task, speeding ticket, dereliction of duty, late for an appointment,
disrespectful, failed dorm room inspection, failure to report for duty and financial irresponsibility. 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. The Board was sympathetic to the impact
the loss of the GI Bill benefits was having on the applicant, but this is not a matter of inequity or
impropriety that would warrant an upgrade. The Board concluded the discharge was appropriate for the
reasons that were the basis for this case. No inequity or impropriety in his discharge was suggested or
found in the course of the records review. His misconduct was a significant departure from conduct
expected of all military members. The Board concluded that the character and reason for discharge were
appropriate due to his misconduct.

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 or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2002-0449
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 4 NOV 96 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 27 Nov 72. Enlmt Age: 19 0/12. Disch Age: 23 11/12. Educ: HS DIPL.
AFOT: N/A. A-77, E-42, G-48, M-31. PAFSC: 3A051 - Information Management
Journeyman. DAS: 11 Jan 95.

b. Prior Sv: (1) AFRes 5 Dec 91 - 9 Feb 92 (2 months 5 days) (Inactive).

(2) Enlisted as AB 10 Feb 92 for 4 yrs. Svd: 3 yrs 1 month
27 days, all AMS. AMN - 10 Aug 92. AIC - 10 Jun 93. SRA - 10 Feb 95. EPRs:
4,4.

3. SERVICE UNDER REVIEW:
a. Reenlisted as SRA 7 Apr 95 for 4 yrs. Svd: 1 Yr 6 Mos 28 Das, all AMS.
b. Grade Status: None. |
c. Time Lost: None.
d. Art 15’s: None.

e. Additional: LOC, 27 SEP 96 - Financial irresponsibility.

LOR, 10 SEP 96 - Failure to report for duty.

LOR, 28 AUG 96 - Failed dorm room inspection.

LOR, 10 JUL 96 - Failure to obey orders.

RIC, 13 JUN 96 - Late for appointment and disrespect.

LOR, 13 JUN 96 - Dereliction of duty.

RIC, 08 JUL 96 - Speeding ticket.

RIC, 23 OCT 95 - Late for work and failure to complete a
given task.

LOR, 04 AUG 95 - Failure to go to scheduled appointment.

LOR, 04 AUG 95 - Driving with expired registration and
falsified official documents.

LOR, 28 JUL 95 - Failure to pay just debt.

LOC, 28 JUL 95 ~- Driving with expired registration and
failure to register vehicle on base.

TRAFFIC TICKET, 24 JUL 95 -. Driving with expired tags.

TRAFFIC TICKET, 23 MAY 95 - Speeding.

TRAFFIC TICKET, 09 APR 95 - Driving without a drivers

license and car seat for child.
FD2002-0449
£. CM: None.
q. Record of SV: 29 Oct 94 ~ 28 Oct 95 Wright-Patterson AFB 3 £(Annual)
(Discharged from Wright-Patterson AFB)

h. Awards & Decs: AFAM, AFLSAR, AFTR, AFOSSTR, NDSM, AFOUA W/1 DEV,
AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (11) Mos (0) Das
TAMS: (4) Yrs (8) Mos(26) Das

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

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

24JAN03/ia
a , ED 2002- OVS

7, SUPPORTING DOCUMENTS /X 2s aaplced/e/ (Yease print name end Socks Security Number on each document.)

 

 

S| WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW 8ASED ON AVAILABLE SERVICE RECORDS.

 

8. ISSUES
The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to

determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions

‘| that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.
(i ii g é

.. Lb. Lady CH
fy rf a

fat ft MATL tMOkd

FMAM CT

A bnrmshle rs 4 ‘

1 HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO

I PREVIOUSLY SUBMITTED AN APPLICATION ON (41707 ofre/
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

9. CERTIFICATION
| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false

statement. (U.S. Cove, 7itfe 78, Section wader this title of imprisoned not more than & years,
Or both] “i

SPNPICABLE ADDRESS BELOW

NAVY & MARINE CORPS . AIR FORCE COAST GUARD

Army Review Boards Agency ™ oa I il of P | Boards | ae
aval Council of Personnel Boards | § : Commandant (G-WPM)

Support Division, St. Louis ® 720 Kennon Street, S.E.
ATTN: SFMR-RBR-SL Rm, 309 (NDRB) 550-C Street West, Suite 40 2100 Second Street, S.W.

an BOTS eet 5/6200 Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001
(See http://arba.army.pentagon.mil) 20374-5023

DD FORM 293, DEC 2000

    

Page 2 of 4 Pages

O 6) 2002-044 F
DEPARTMENT OF THE AIR FORCE.

HEADQUARTERS, 88TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

_ FROM: 88 CEG/CCQ

SUBJECT: Notification Memorandum

1, [am recommending your discharge from the United States Air Force for Misconduct -
Conduct Prejudicial to Good Order and Discipline. The authority for this action is AFPD 36-32
and AFI 36-3208, paragraph 5.50.2 If my recommendation is approved, your service will be
characterized as Honorable or Under Honorable Conditions (General). I am recommending that

your service be characterized as Under Honorable Conditions (General), .

2. My reasons for this action are:

a. On or about 9 Apr 95 you were driving without a drivers license and did not have a car
_ seat for a child for which you received a traffic ticket and was counseled.

b. On or about 23 May 95 you was driving at an unreasonable rate of speed for which you
received a traffic ticket and was counseled.

c. On or about 13 Jul 95 you was driving with expired registration to your vehicle and
you failed to register your vehicle on base for which you received a Letter of Counseling

on 28 Jul 95.

~ . d, On or about 13 Jul 95 you was driving with expired registration to your vehicle and
falsified an official document for which you received a traffic ticket and received a Letter

of Reprimand on 4 Aug 95.

e. On or about 24 Jul 95 you was driving with expired tags for which you received a
traffic ticket.

f. On or about 13 Jul 95 you failed to pay your just debts ie., your car payment, You
received a Letter of Reprimand on 28 Jul 95.

 

g. On or about 3 Aug 95 you failed to go to scheduled appointment for which you
received a Letter of Reprimand of 4 Aug 95 and an UIF was established.

h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed
to complete a given task for which you received a Letter of Counseling on 23 Oct 95.
() O) PR2682-O¥y9

_i. Onor about 12 May 96_you was driving at an unreasonable rate of speed for. which you... -
received a traffic ticket and a Letter of Counseling on 8 Jul 96.

j. On or about 22 May 96 you failed to secure the random urinalysis roster for which you~
received a Letter of Reprimand on 13 Jun 96.

k. On or about 10 Jun 96 you was late for a mandatory meeting and showed lack of
respect for authority for which you received a Letter of Counseling on 13 Jun 96.

1. On or about 1 Jul 96 you failed to follow a written order for which you receive a Letter
of Reprimand/UIF on 10 Jul 96.

m. On or about 9 Aug 96 you failed to report for duty for which you received a Letter of
Reprimand on.10 Sep 96

n. On or about 12 Aug 96 you failed your dorm inspection for which you received a
Letter of Reprimand on 28 Aug 96. !

o. On or about 26 Sep 96 your account with AAFES was delinquent for which you
received a Letter of Counseling on 27 Sep 96.

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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult Capt, _——_ at the Area Defense Counsel’s office,
Building 268, Area C, Wright-Patterson AFB OH, Telephone 77841 on 18 Oct 96 at 0930. 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 by 23 Oct 96 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 in your own behalf, your failure will
constitute a waiver of your right to do so,

7. You have been scheduled for a medical examination. You must report to 74 Medical Group,
Aerospace Medicine, Building 830, Wright-Patterson AFB OH at 0800 on 21 Oct 96 for the

examination.
(| () FDo2c2-0of7F

- ‘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 the orderly room.

 

. Traffic Ticket, 9 Apr 95
Traffic Ticket, 23 May 95
LOC, 28 Jul 95

LOR, 4 Aug 95

Traffic Ticket 13 Jul 95
Traffic Ticket, 31 Jul 95
LOR, 28 Jul 95

LOR/UIF, 4 Aug 95
Traffic Ticket, 28 Jul 95.

. Revocation Ltr, 13 Sep 95
. Suspension Ltr, 4 Oct 95
. LOE,23 Oct 95

. MER, 25 Oct 95

. Financial Ltr, 1 Nov 95

. AAFES, 26 Jan 96

. Traffic Ticket, 12 May 96
. LOC, 8 Jul 96

. MFR, 24 May 96

. LOR, 13 Jun 96

. LOC, 13 Jun 96

. LOR/UIP, 10 Jul 96

. LOR, 10 Sep 96

. LOR, 28 Aug 96

. LOC, 27 Sep 96

NBO BOOB BO oe et ee ;
BODE SCHRAAAROND SE Sr MA AYEYNS