X PERSONAL APPEARANCE

) NAME OF COUNSEL AND OR ORGANIZATION

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ISSUES INDEX NUMBER

A94.05, A92.15, A92.19, A67,90 1

A01.43 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE ~~~) CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

02-10-03 FD2002-0035 —P

 

COUNSEL'S RELEASE TO THE BOARD

‘ee

 

|

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

   
   

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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REMARKS

+ Change Reenlistment Code

Case heard at Washington, D.C.

* Change Reason and Authority to Secretarial Authority.

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

 

 

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

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1533 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 | pp 3992-0035

GENERAL: The applicant appeals for upgrade of discharge to Honorable, and to change his reenlistment
code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB, MD on October 3, 2002.

The following additional exhibits were submitted at the hearing:
Exhibits 6, 7, 8: Character Reference Letters

Exhibit 9: CDC End of Course Certificate

Exhibit 10: NCO Prep Course DG Certificate

Exhibit 11: Letter of Appreciation

Exhibit 12: American River College Associate’s Degree
Exhibit 13: Governor’s State University Bachelor’s Degree
Exhibit 14: Unofficial Listing of College Courses and Grades

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

FINDINGS: The Board grants partial relief. Upgrade of discharge is denied.
Change of reenlistment code is granted.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify an upgrade of discharge. However, based on applicant’s
testimony, the Board finds merit to changing applicant’s reenlistment code.

Issues. Applicant received an under honorable conditions (General) discharge for minor disciplinary
infractions. According to his Enlisted Performance Reports (EPRs), he had at least two Letters of
Reprimand, had been verbally counseled, was removed from his primary duties twice, and was placed on
the Control Roster. One of those EPRs was rated an overall “2” referral. Member’s misconduct apparently
included insubordination, failure to follow orders, GOV abuse, and conduct unbecoming a
noncommissioned officer. At the time of the discharge, member was entitled to an administrative discharge
board based on his length of service and recalls being notified of such and waiving it, and agreeing to
accept a general discharge because he was ready to be separated from the Air Force. Applicant now
contends the discharge was too harsh and noted his otherwise satisfactory service, prior period of honorable
service, and good post-service conduct. Since the discharge documents are not available, and lacking
evidence from the applicant to the contrary, the Board relied on the presumption of regularity and finds the
discharge proper. Neither the record review nor applicant’s testimony convinced the Board there were
mitigating or extenuating circumstances, nor any impropriety or inequity to override said presumption of
regularity. Neither the record or applicant’ s testimony offered a basis to substantiate an upgrade.

The Board did however feel that based on applicant’s otherwise satisfactory military service during his
previous enlistment, and before his final year of service, and in view of his post-service accomplishments,
he could once again be a potential asset to a military organization, and therefore agreed to change his
reenlistment code to allow him reentry at this time.

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

Attachment:
Examiner's Brief
FD2002-0035
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING DOCUMENTS
(Former SGT) (HGH sct) ©

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 93/08/02 UP AFR 39-10,
para 5-47b (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 67/06/11. Enlmt Age: 17 5/12. Disch Age: 26 1/12. Educ:HS DIPL.
AFOT: N/A. A-74, E-93, G-88, M-95. PAFSC: 00104 - Systems Repair Technician.
DAS: (APR Indicates): 85/08/21-86/08/26.

b. Prior Sv: (1) AFRes 84/11/29 - 85/08/26 (8 months 22 days) (Inactive).

(2) Enlisted as AB 85/08/21 for 4 yrs. Extented 89/02/06 for

23 months. Svd: 5 yrs 8 months 24 days, all AMS. AMN-(APR Indicates): 85/08/21-
86/08/26. A1CO(APR Indicates): 86/08/27-87/08/26. SRA - 88/08/21. SGT -
88/08/21. APRs: 9,9,9,9. EPRs: 4.
3. SERVICE UNDER REVIEW:

a. Reenlisted as SGT 91/05/15 fot 6 yrs. Svd: 02 Yrs 02 Mo 18 Das, all

b. Grade Status: none.
c. Time Lost: none.

d. Art 15's: (1) none.
(No appeal) (No mitigation)

e. Additional: Unknown.

FF. CM: none.

g. Record of SV: 90/05/19 - 91/05/18 McClellan AFB 4 (Annual)
91/05/19 — 92/05/18 McClellan AFB 5 (Annual)
92/05/19 -— 92/12/20 McClellan AFB 3 (Cmdr Dir)
92/12/21 ~ 93/06/19 McClellan AFB 2 (Cmdr Dir) REF

(Discharged from McClellan AFB)
h. Awards & Decs: AFAM, AFOUA W/1 DEV, NDSM, AFLSAR, NCOPMER, AFTR.

i. Stmt of Sv: TMS: (08) Yrs (08) Mos (04) Das

fi
FD2002-0035

TAMS: (07) Yrs (11) Mos (12) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/01/12.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
none.

02/05/08/ia