AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

AIC Gainiet

 

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

VOTE.GF THE BOARD o
HON GEN UOTHC — OTHER DENY
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ISSUES INDEX NUMBER

 

 

 

og EXHIBITS SUBMITTED TO THE BOARD:
A47.00, A94.05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

2 JUN 03 FD2002-0007

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 Scott AFB, Illinois.

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR.

SIGNATURE OF RECORDER

INDORSEMENT

SIGNATURE OF BOARD PRESIDENT

DATE: 2JUN 03

 

TO:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
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 FD2002-0007

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Scott
AFB, IL on June 2, 2003. The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions.
Exhibit 6: Character Letter from Christian Broadway Church, 21 May 03
Exhibit 7: Ivy Tech State College Transcript, 19 May 03

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

FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary
Infractions. Member received an Article 15 for failure to go, failure to obey a lawful order, and with the
intent to deceive, made a false official statement. He also received two Letters of Reprimand for financial
irresponsibility and dereliction of duty; one Record of Individual Counseling for financial irresponsibility,
and one Memorandum for Record for dereliction of duty. Member stated his financial irresponsibility was
partially due to his wife’s spending habits and his inability to control her. The applicant attended financial
counseling twice although he made an official statement of attending once. Additionally, member stated
his financial problem was so enormous he used his government credit card to purchase food.

The DRB opined that through these administrative actions, the applicant had ample opportunities to change
his negative behavior. The Board concluded the misconduct was a significant departure from conduct
expected of all military members. 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.

Attachment:
Examiner's Brief
FD2002-00007
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former A1C) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 5 Jun 95 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 23 Jun 70, Enlmt Age: 17 9/12. Disch Age: 24 11/12. Educ: HS DIPL.
AFOT: N/A. A-79, E-80, G-70, M-65. PAFSC:-2A452 - Aircraft Communications and
Navigational Systems Journeyman. DAS: 8 May 91.

b. Prior Sv: (1) AFRes 7 Apr 88 - 7 Feb 89 (10 months 1 day) (Inactive) .

(2) Enlisted as AB 8 Feb 89 for 4 yrs. Served: 3 yrs 6

months 1 day, all AMS. AMN - 8 Aug 89. AIC - 8 Jun 90. SRA - 8 Feb 92. EPRs:
4,4,4.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 10 Aug 92 for 4 yrs. Extended 3 Jan 94 for 22
months. Svd: 2 Yrs 9 Mo 26 Das, all AMS.

b. Grade Status: AIC - 25 Apr 95 (Article 15, 25 Apr 95)

c. Time Lost: None.

d. Art 15’s: (1) 25 Apr 95, Dyess AFB, TX - Article 86. You did,
without authority, fail to go at the time prescribed to
your appointed place of duty. Article 92. You, having
knowledge of a lawful order issued by LtCol ------- , to
wit: you were ordered to use your ------- card for
official government business only in connection with TDY
assignments, an order which it was your duty to obey,
did, on or about 26 Nov 94 through on or about 10 Dec
94, fail to obey the same by wrongfully using your -----
for non-TDY purposes. Article 107. You did, on or
about 1 Mar 95, with intent to deceive, make to TSgt ---
--- an official statement, to wit: you had not gone
through financial counseling yet, which statement was
false in that you had attended financial counseling
twice, and was then known by you to be so false.
Reduction to A1C. (No appeal) (No mitigation)

e. Additional: RIC, 13 JUL 94 - Financial irresponsbility.
LOR, 10 JUN 94 - Financial irresponsbility.
LOR, 13 MAY 94 - Dereliction of duty.
FD2002-00007

£. CM: None.

g. Record of SV: 6 Apr 92 - 5 Apr 93 Dyess AFB 3 (Annual)
6 Apr 93 - 5 Apr 94 Dyess AFB 2 (Annual)

(Discharged from Dyess AFB)

h. Awards & Decs: AFOUA W/1 DEV, NDSM, AFEM, HSM, AFOSSTR, AFLSAR,
NCOPMER, AFTR.

i. Stmt of Sv: TMS: (7) Yrs (1) Mos (29) Das
TAMS: (6) Yrs (3) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 2 Jan 03.
(Change Discharge to Honorable)

Issue 1: I was TDY to Lackland AFB for a medical issue. I had used my Air
Force issued ------- Card during that time. When I had returned to my assigned
base (Dyess AFB), I received a bill for my ------- Card. At the time, my wife
and I were financially strained. We had accumulated more bills than I could
afford at the time. My wife had started working a new job but had not received
a check yet. We had used the TDY reimbursement to pay bills, intending to pay

the --------- the full amount with both our paychecks. Our paychecks were not
enough to pay the full amount back. I had called ------- and explained our
Situation. I asked if we could pay half now and the other half the following
month. ---+---- agreed. According to the contract for my Air Force issued ----

--- Card, I was to pay the full amount at the end of the month.

After my discharge from the Air Force, I claimed bankruptcy for other debts
incurred by my wife. We were divorced 18 months later.

ATCH
None.

10MAR03/ia
PY LCE - AeeCoT

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 7TH WING (ACC)

DYESS AIR FORCE BASE, TEXAS

 

d- MAY i055

FROM: 40 AS/CC

SUBJECT: Notification Letter ~ Board Hearing

1. I am recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions, according to AFPD 36-32 and AFI 36-3208, dated 14 Oct
94, under the provisions of paragraph 5.49. Copies of the documents to be
forwarded to the separation authority to support this recommendation are
attached.

2. My reasons for this action are:

a. You did, on 11 Apr 95, without authority, fail to go at the time
prescribed to your appointed place of duty, as evidenced by AF Form 3070 dated
25 Apr 95.

b. You did, on 26 Nov 94 through 10 Dec 94, fail to obey a lawful order

issued by eae by using your AMEX government credit card for
unofficial purposes, as evidenced by AF Form 3070 dated 25 Apr 95.

c. You did | 1 Mar 95, with intent to deceive, make a false official
statement to } by saying that you had not gone through financial
counseling, which statement was false, as evidenced by AF Form 3070 dated 25 Apr
95.

a. You did, on 13 Jul 94, fail to pay your DPP account (AAFES) in the
amount of $1,310.52, as evidenced by AF Form 174 dated 13 Jul 94.

e. You did, on 20 and 21 May 94, write two checks to the Dyess AFB
Exchange, totaling in the amount of $19.50, and thereafter fail to maintain
sufficient funds in your bank account to cover said checks upon presentment for
payment, as evidenced by LOR dated 10 Jun 94 and AF Form 1058 dated 16 Jun 94.

f. You were, on 3 May 94, derelict in the performance of your duties in
that you failed to sign off after an isochronal inspection on aircraft 2065 and
your quality of the check was found to be poor, requiring several man-hours to
repair items you should have checked, as evidenced by LOR dated 13 May 94.

3. This action could result in your separation with an Under Other Than
Honorable Conditions discharge. I am recommending that you receive a

General (Under Honorable Condtions) discharge. The commander exercising SPCM
jurisdiction or a higher authority will make the final decision in this matter.
If you are discharged, you will be ineligible for reenlistment in the Air Force
and will probably be denied enlistment in any component of the armed forces.

Gobal P. OWEN for America
4 PW Z02- OC BOT

4. You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the
board hearing.

q
ee

e. Waive the above rights. You must consult legal counsel before making a
decision to waive any of your rights.

  
  
 

5. Military legal counsel, duty phone 6-4233, has been obtained
scheduled for you to consult him on

to ry Vi you. An appointmen

5S at hours. Instead of the appointed counsel,
you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201. In
addition to military counsel, you have the right to employ civilian counsel.

The Air Force does not pay expenses incident to the employment of civilian
counsel. Civilian counsel, if employed, must be readily available.

6. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who also will sign it. If you waive your right to
a hearing before an administrative discharge board, you may submit written
statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you
fail to respond, your failure will constitute a waiver of the right to the board -
hearing.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act of 1974. A copy of AFPD 36-32 and AFI 36-3208 is available for your use in
the Orderly Room.

8. If you request a board and you fail to appear without good cause, your
failure to apear constitutes a waiver of your right to be present at the
hearing.

  

9. Execute the attached acknowledgment and return it-to me inmediately. |

Attachments
1. Airman's Receipt of

Letter of Notification
2. AF Form 3070 dated 25 Apr 95
3. AF Form 174 dated 13 Jul 94
4. LOR dated 10 Jun 94
5. AF Form 1058 dated 16 Jun 94
6. LOR dated 13 May 94