. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SRA
TYPE "
PERSONAL APPEARANCE X RECORD REVIEW .
COUNSEL "| NAME OF COUNSEL AND OR ORGANIZATION _ ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
OTE OF THE BOARD | :
Be . Ee Plies |
MEMBERS SITTING HON GEN UOTHC OTHER DENY
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—
Po x
nae x
[cc X
as —F X
ISSUES INDEX NUMBER . oe “EXHIBITS SURMEFIED TO THE BOARD ke: !
A95.00 A67.10 1 ORDER APPOINTING THE BOARD
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2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
6 FEB 03 FD2001-0300 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

ARD DECISIONAL RATIONALE: ue
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APPLICANT'S ISSUE AND THE BOARD'S/DECISIONAL RATIONAL ARE DISCUSSED ONTHE ATTACHED AIR FO.
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ISCHARGE REV

  

 

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REMARKS

Case heard at Travis AFB, California, Applicant was scheduled to appear before the DRB, but failed to respond.

 

 

Advise applicant of the decision of the Board, the right to a personal appearance and the right to submitt an application to
the AFBCMR.

 

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

 

 

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 FD01-0300

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for dishonorably failing to pay two debts. In addition, the applicant also received two Letter’s of
Reprimand and two Letters of Counseling for failure to go, financial irresponsibility, altering an official
document, and operating a business without permission. The Board concluded these disciplinary
infractions were a significant departure from the 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.

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
FD2001-0300
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA)

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1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 92/03/24 UP AFR 39-10,

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

2. BACKGROUND:

a. DOB: 61/10/29. Enlmt Age: 25 10/12. Disch Age: 30 4/12. Educ:HS DIPL.
AFOT: N/A. A-86, E-98, G-98, M-99. PAFSC: 45157 - B-1B Avionics Test Station
& Computer Specialist. DAS: 89/01/11.

b. Prior Sv: (1) AFRes 87/09/11 - 88/03/24 (6 months 14 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 88/03/25 for 6 yrs. Svd: 4 Yrs 0 Mo 0 Das, all AMS. —

b. Grade Status: SRA - 91/03/13 (Vacation of NCO status)
SRA-SGT (EPR Indicates): 89/11/25-90/05/04
AB-A1C (EPR Indicates): 88/03/25-89/11/24

c. Time Lost: none.

d. Art 15’‘s: (1) 91/03/13, Ellsworth AFB, SD - Article 134. You, being
indebted to ------ in the sum of $11.65 for a thing of ©
value, which amount became due and payable on or about 20
Feb 91, did at or near Rapid City, South Dakota, from 20
Feb 91 to 7 Mar 91, dishonorably fail to pay said debt.
Further investigation has disclosed that you being indebted
to ------ in the sum of $20.00 for a thing of value, which
amount became due and payable on or about 13 Feb 91, did,
at or near Rapid City, South Dakota, from 13 Feb 91, to 7
Mar 91, dishonorably fail to pay said debt. Thirty days
correctional custody, and reduction to A1C (suspended until
12 Sept 91). (No appeal) (No mitigation)

e. Additional: LOC, 06 FEB 92 - Operating a business without permission.
LOR, 04 FEB 92 ~ Altering an official document.
Loc, 17 MAY 90 ~- Financial irresponsibility.
LOR, 21 FEB 92 - Failure to go.

£. CM: none.

g. Record of SV: 88/03/25 - 89/11/24 Ellsworth AFB 5 (Initial)
89/11/25 - 90/05/04 Ellsworth AFB 4 (CRO)
90/05/05 - 91/05/04 Ellsworth AFB 3 (Annual).
FD2001-0300

(Discharged from Ellsworth AFB)
h. Awards & Decs: AFOUA, NDSM, AFLSAR, NCOPMER, BMTHGR, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (14) Das
TAMS: (4) Yrs (0) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/07/15.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

01/09/a5/ia
FD2001-0300

“DEPARTMENT OF THE AIR FORCE ‘
HEADQUARTERS 287H WING (SAC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA 57706-5000

geryzo JA 2a 5-2329) 13 Mar 92

SUBJECT:

TS:

Legal Review of AFR 39-10 Discharge: _iape

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administrative discharge case file on Senior
Airma 28th Avionics Maintenance Squadron,
and find it legally sufficient to.support discharge. It also supports 28
AMS/CC's recommendation to separate the respondent with a general discharge
without a conditional suspension of the discharge for a period of Probation
and Rehabilitation (P & R).

1. I have reviewed the

    
 

2. On 14 Feb 92, 28 AMS/CC initiated this separation action pursuant to AFR

39-10, paragraph 5-46, for misconduct involving minor disciplinary
infractions. On the same date, wediittlatbe sce ived and acknowledged

notification of this action. On 19 Feb 92, the commander granted an Area

Defense Counsel delay until the close of business 21 Feb 92. On 21 Feb 92, the
commander granted another Area Defense Counsel delay until close of . siness 3
Mar 92. On 3 Mar 92, the Area Defense Counsel submitted a letter on

SORE behalt for your consideration. On 4 Mar 92, an addendum was made to
the commander's notification letter. On the same date eceived
and acknowledged notification of this action. submitted

statements on his own behalf for your consideration after consulting with
legal counsel.

1
‘

3. The reasons for the proposed discharge action are:

a. On or about 20 Feb 92, Seilina, 2 12d to go to his appointed
place of duty, to wit: Bldg 6000, 28th Strategic Hospital. For this offense,

he was given a Letter of Reprimand on 21 Feb 92.

b. On or about 6 Feb 92, Metiigepoperated a business from his .

on-base quarters without the necessary permission. For this offense, he was
given a Letter of Counseling on 6 Feb 92.

c. On or about 3 Feb 92, QMMMMMMrongfully altered a South Dakota
temporary vehicle registration document on his automobile. For this offense,
he was given a Letter of Reprimand on 4 Feb 92 which was placed in his
Unfavorable Information File (UIF).

d. On or about 7 Mar 91, ABM J sronorably failed to pay just
debts to Conomart and Boothill in the combined amount of $31.65. For these
offenses, he was given nonjudicial punishment under Article 15.

e. On or about 4 May 90,