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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
suena, AB | Seon
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
aM MOTE OF THE BOARD :
MEMBERS SITTING ON GEN tome orner pen
X
xX
xX
xX
xX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED.TO THE BOARD.
A94.05 A67.10, A49.00 ] ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
20 JUN 03 FD2002-0195 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

“ ANDORSEMENT:-

 

 

a ec gt eee opie BES aga FORE
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 FD02-0195

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge, and to change the RE Code.

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.

ISSUE: Applicant states his discharge was too harsh because he was 2 days late returning from leave. The
record indicates the applicant received an Article 15 for being absent without official leave and writing bad
checks. In addition, he received four Letters of Reprimand for failure to go, writing bad checks, lying and
for being late to work. This is obvious more than just being late returning from leave. 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. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade the 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
FD2002-0195
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH Al1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/06/26 UP AFI 36-3208,
para 5.49 & 5.26.3 (Misconduct - Minor Disciplinary Infractions & Unsatisfactory
Performance). Appeals for Honorable Discharge, to Change the Reason and
Authority for Discharge, and to Change the RE Code.

2. BACKGROUND:

a. DOB: 77/08/29. Enlmt Age: 21 9/12. Disch Age: 23 9/12. Educ:HS DIPL.
AFQT: N/A. A-53, 5-54, G-52, M-68. PAFSC: 2T331 - Special Purpose Vehicle &
Equipment Maintenance Apprentice. DAS: 00/02/14.

b. Prior Sv: (1) AFRes 99/06/23 ~ 99/07/20 (28 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/07/21 for 6 yrs. Svd: 01 Yrs 11 Mo 06 Das, of which
AMS is 01 yr 11 mo 3 days (excludes 3 days lost time).

b. Grade Status: AB - 01/06/06 (Article 15, 01/06/06/)
Alc - 99/09/06

c. Time Lost: 01/04/25-01/04/27 (3 days).

d. Art 15’s: (1) 01/06/06, Pope AFB, NC - Article 86. You, did, without
authority, absent yourself from your unit at which you
were required to be, to wit: Building 550, located at
Pope AFB, NC, and did remain so absent until on or

— about 27 Apr 01. Article 134. Further, you did, at or
near Spring Lake, NC, on or about 10 Apr 01, make and

utter to ------- and ------ Inc., a certain check in
words and figures as follows, to wit: check number 517
in the amount of $370.00, drawn upon a ------- Credit

Union account, for the purpose of paying rent, and did
thereafter dishonorably fail to maintain sufficient
funds in the ~------ Credit Union for payment of such
check in full upon its presentment for payment.
Further, at or near Spring Lake, NC, on or about 31 Mar
01, make and utter to -------- and ----- , a certain
check, in words and figures as follows, to wit: check
number 577 in the amount of $147.65, drawn upon a -----
--- Credit Union account, in payment of a debt, and did
thereafter dishonorably fail to maintain sufficient
funds in the ------- Credit Union for payment of such
check in full upon its presentment for payment.
Reduction to AB, and 45 days extra duty. (No appeal)
FD2002-0195
(No mitigation)

e. Additional: LOR, 30 MAR 01 - Lying.
LOR, 26 MAR 01 - Failure to go.
LOR, 15 MAR 01 - Bad checks.
LOR, 15 JUN 00 - Late to work.

£f. CM: none.

g. Record of SV: 99/07/21 - 01/03/20 Pope AFB 3 (Initial)
(Discharged from Pope AFB)

h, Awards & Decs: AFTR, AFOQUA.

i. Stmt of Sv: TMS: (02) Yrs (00) Mos (04) Das
TAMS: (01) Yrs (11) Mos (03) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/19.

(Change Discharge to Honorable, Change the Reason and Authority for
Discharge, and Change the RE Code.)

Issue 1: While I was serving in the Air Force I was given an General
Discharge Under Honorable Conditions for being 2 day late coming back from

leave. .I was at the time passing kidney stones. I would like my discharge
changed so I my (sic) rejoin the military. Thank you.

ATCH
1. AF Form 100.

02/08/14/ia
Jun-03-02 14:55 43 AW/JA 910 394 1508 P.O3

FD 2002 -O/PS

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 43D AIRLIFT WING (AMC)
POPE AIR FORCE BASE NORTH CAROLINA

 

22 Jun O1

MEMORANDUM FOR 43 AW/CC

FROM: 43 AW/JA
374 Maynard St. STE A
Pope AFB NC 28308-2381

SUBJECT: Legal Review: Discharge under Provisions of AFPD 36-32 and AFI 36-3208,
Paragraphs 5.49 and $.26.3 (AB eeneeeitacmeee 43 TRANS)

1. BASIS FOR ACTION: Administrative discharge action was initiated on 20 Jun 01 against
AB Ra under the provisions of AFPD 36-32 and AFI 36-3208,

chapter 5, paragraphs 5.49, Minor Disciplinary Infractions as the primary reason, and under
5.26.3, Unsatisfactory Performance as the secondary. T ron commander recommends
separation with a general discharge. On 20 Jun 01, AB waived his right to a hearing
before an administrative discharge board (see Atch 3 to Squadron Commander’s.
Recommendation). The most severe type of discharge authonzed 1n this case is an under other
than honorable conditions discharge, if the convening authority determines such characterization

is warranted and directs initiation of a discharge board.

2. FACTS: Minor Disciplinary Infractions: My reasons for recommending discharge action
under paragraph 5.49, Minor Disciplinary Infractions are:

a. On or about 26 Apr 01, without authority, AB Sagi was absent from his unit at which he
was required to be, to wit: Building 550, located at Pope AFB NC and did remain so absent until
on or about 27 Apr 01 as documented by an AF Form 3070, Record of Nonjudicial Punishment

Proceedings, dated 6 Jun 01.

~b. Onor about 10 Apr 01, ABSMMMRBMS did, at or near Spring Lake NC, make and utter to Tart
Realty and Insurance Inc., a certain. cHeck, in words and figures as follows, to wit: check number

517 in the amount of $370.00, drawn upon a TRAC edit Union account, for the
purpose of paying rent, and did thereafter dishonorably fail to maintain sufficient funds in the

NINE Cedi Union for payment of such check in full upon its presentment for
payment as documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings,’

‘dated 6 Jun 01.

c. On or about 31 Mar 01, ABP sia, at or near Spring: Lake NC, make and utter to All
American TV and Stereo, a certain check, in words and figures as follows, to wit: check number
577 in the amount of $147.65, drawn upon NAAN