AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN ~ -
ime .
TYPE ess nnte wns tue a _
GEN X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL WAME OF COUNSEL AND OR ORGANIZATION wore T_ ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
ee Tr VOTE OF THE BOARD
MEMBERS SITTING GN GEN VOTH OTHER DENY
me Xr oO
_ Xer se
ISSUES INDEX NUMBER —— ___ EXHTS SUBMITTED TO THE BOARD —)
A93.02 A67,50 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCTIARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMRER 4 | BRIEF OF PERSONNEL FILE
03 Feb 03 FD01-00125 COUNSEL'S RELEASE TO THE BOARID
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAT. APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD S DECISIONAL, RATIONAT, ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

REMARKS

Case heard at Travis AFB, CA
Change Reason Authority for Discharge - *
Change RE Code - +

Advise applicant of the decision of the Board.

 

 

EYATURE OF BOARD PRESI

 

 
  

INDORSEMENT DATE: 3 Feb 03

 
    

 

 

 

 

 

 

sie rene rT
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPIT AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 —_ (FT-V2) , Previous edition will be used.

s
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp.o1.00125

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant appeared and testificd before the Discharge Review Board without counsel at Travis AFB,
California, on February 3, 2003. The following witness also testified on the applicant’s behalf — LCF (the
applicant’s fiancée).

The following additional exhibits were submitted at the hearing: Exhibit #6: Character Letter From TCSE,
dtd 30 Jan 03; Exhibit #7: Job Performance Evaluation, dtd 18 Nov 02

The attached bricf contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board grants the requested relicf - the discharge is upgraded to Honorable and there will
be a change of the reason and authority for the discharge and a change of reenlistment code.

ISSUES: Applicant received a general discharge after being convicted of a crime in civilian court.
Applicant contends his discharge was inequitable because it was based on one isolated incident of
misconduct and was based on his request to be discharged. He states that his misconduct was out of
character, that he has never done anything like that before or after the incident, and that he made restitution
immediately upon discovery of his conduct by police. With his outstanding duty performance and the
absence of any other disciplinary action in his record, he believes he would not have been discharged had he

not requested separation.

CONCLUSIONS: The Discharge Review Board acknowledged 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. However, given the
utter lack of disciplinary action, his record of outstanding service, the minor and limited nature of the
misconduct, and the applicant’s accountability and his repentant behavior after revelation of his misconduct,
the Board finds that the general service characterization was inequitable and that the discharge would in fact
not have occurred but for his ill-considered and guilt ridden request for separation.

In view of the foregoing findings the board concludes that there docs exist an equitable basis for upgrade of
discharge, thus the applicant's discharge should be changed.

Therefore, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge, that the reason for the discharge
is more accurately described as Secretarial Authority, and that the reenlistment code should be changed to
3K.

Attachment:
Examiner's Brief
FD01-00125
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former Al1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/08/10 UP AFI 36-
3208, para 5.51.1 (Misconduct —- Civilian Conviction). Appeals for HON Disch.

2. BACKGROUND:

a. DOB: 78/09/15. Enlmt Age: 18 4/12. Disch Age: 20 10/12. Educ:HS DIPL.
AFOT: N/A. A-79, E-43, G-42, M-16. PAFSC: 285051 - Supply Management
Journeyman. DAS: 97/12/13.

b. Prior Sv: AFRes 97/02/10 - 97/08/12 (6 months 3 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enid as AB 97/08/13 for 4 yrs. Svd: 1 Yrs 11 Mo 28 Das, all AMS.

b. Grade Status: AIC - 98/12/13
AMN - 98/02/13

c. Time Lost: none.
d. Art 15's: none.
e. Additional: none.
f. CM: none.

g.- Record of SV: 97/08/13 99/04/12 Offutt AFB 5 (Initial)
(Discharged from Offutt AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (1) Das
TAMS: (1) Yrs (11) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/03/28,
(Change Discharge to Honorable)

Issue 1: My service prior to my discharge was excellent. I was up for an
Achievement Award. I also had received a Sharp Award, and I also was selected
from my Supplies Commander to be placed on a inventory team. On August 107 I
was released with a General Discharge (under honorable conditions) for a
Misconduct. I was placing numerous phone calls on two credit cards that I
memorized while working at the ------- Gas Station in Bellevue Nembraska
(sic). Once caught and arrested I took responsibility. I kept the Air Force
help to a minimum for it was a mistake. The Air Force didn't press any
FDO1-00125
charges for the whole matter was taken care of in civil court,

I managed to pay all fines and debts in one month. I received a Misdemeanor
for my actions and asked to be released for fear of any other charges that may
occur be court martial from the Air Force. Once released from Active Duty,
I've managed to obtain three jobs in three months each one holding more

responsibility and more pay. I now work for the --------- were (sic) I
managed a Hunger Program that helps low income families and homeless
individuals. I've held this job for 18 months and I've received many praise

reports and Employee of the Month Awards. Since my discharge, I can say that
I have learned my lesson and regret what I did, knowing that I had the funds
to place those calls. I havent (sic) had any troubles with the law since my
release. If my Discharge is overturn (sic), I would really like to return to
the Air Force by joining the Air Guard and prove to myself, to my country, and
to my family.

ATCH

1. DD Form 214.

2. Three Letters of Support.
3. VA Cover Letter.

01/05/02/ia
; fipas-co/2s

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

 

DO 5 ave 1999
MEMORANDUM FOR 55 WG/CC

FROM: 55 WG/JA

SUBJECT: Legal Review: Administrative Discharge Acticn-llliiaeeaaniiliaastee

CENTS SUPS (ACC)

1. INITIATION OF ACTION: On 30 July 1999, 55 SUPS/CC notified