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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 FEB 03

FD2002-0239

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN al
OT. AIC =e
TYPE —P ”
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION _ ADDRESS AND OR ORGANIZATION OF COUNSEL a ——t
YES NO
s co WOTE OF THE BOARD. roe
MEMBERS SITTING HON GEN “UOTHC | OTHER | DENY
. 4 ab 1
x
| X
xX
al +. _
X
SSUES INDEX NUMBER LO. BRBIBITS SUBMITED IQTHE BOARD Ce
A93.01 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 Tl" BRIEE OF PERSONNEL FILE —

 

COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

PERSONAL APPEARANCE

 

r

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

a 2 —

[APPLICANT S ISSUE AND THE BOARDS DECISIONAT RATIONAD ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DEGISIONAL RATIONALE] i,

 

 

 

REMARKS

AFBCMR.

Case heard at Travis AFB, California.

Advise applicant of the decision of the Board, the right to a personal appearance and to submit an application to the

 

 

 

 

 

 

 

Se was
TQ: FROM:
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 0-2677, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0239

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 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.

The applicant’s issues are listed in the attached brief.

ISSUES: The applicant contends that he should not be penalized indefinitely for a mistake he made when
he was young. The applicant was discharged with a General Discharge for Misconduct ~ Minor
Disciplinary Infractions. The records indicated the applicant received seven Letters of Reprimand for
failure to obey a lawful order (twice), failure to pay a just debt, financial irresponsibility, and lying to his
Supervisor, Superintendent and First Sergeant (four times). The DRB noted that the applicant was 24 years
of age when the discharge took place. There is no evidence of record to indicate he was immature and did
not know right from wrong. The Board opined the applicant was much older than the vast majority of first-
term members who properly adhere to the Air Force’s standards of conduct.

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 DRB concluded that the characterization of the applicant’s
discharge was appropriate due to the misconduct.

If he can provide additional documentation to substantiate an issue, the applicant should consider exercising
his right to make a personal appearance before the board. If he should choose to exercise this right to a
personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of
the inequity and any exemplary post-service accomplishments as well as any contributions to the
community.

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
FD2002-0239
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH Alc)
} MISSING DOCUMENTS

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/08/28 UP AFI 36-3208,

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

2. BACKGROUND:

a. DOB: 71/03/14. Enlmt Age: 22 0/12. Disch Age: 24 5/12. Educ: HS DIPL.
AFQT: N/A. A-89, E-70, G-76, M-40. PAFSC: 2E134 - Television and Intrusion
Detection Systems Apprentice. DAS: 95/06/06.

b. Prior Sv: (Examiner’s Note: Enlistment Documents are missing from the
file, therefore, enlistment dates are taken from the DD Form
214. Reserve time is estimated).

(1) AFRes 93/03/25 - 93/06/09 (2 Mos 15 Days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enld as AB 93/06/10 for 4 yrs. Svd: 2 Yrs 2 Mos 19 Das, all AMS.

b. Grade Status: A1C - 94/10/10
AMN - 93/12/10

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 26 JUL 95 - Financial irresponsibility.

LOR, 25 JUL 95 - Failure to obey a lawful order.

LOR, 25 JUL 95 - Financial irresponsibility.

LOR, 20 JUL 95 - Lying to Supervisor, Superintendent, and
First Sergeant.

LOR, 19 JUL $5 - Failure to tell the truth concerning
repayment of an overdue debt.

LOR, 27 JUN 95 - Lying to supervisor, OIC, and First
Sergeant.

LOR, 14 JUN 95 - Failure to obey a lawful order, failure to
pay just debt, and lying to the First
Sergeant.

f. CM: None.

| g. Record of SV: 93/06/10 - 95/02/09 Tinker AFB 5 (Initial)
(Discharged from Spangdahlem AB)
h. Awards & Decs: AFAM, AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (4) Das
TAMS: (2) Yrs (2) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/22.
(Change Discharge to Honorable)

Issue: At the time of my discharge, I was a cocky and immature young man.
At the time I believed everyone was against me. As I have grown over the years

I recognize and take full responsibility for all my actions, good or bad. I've
taken away from the Armed Forces values that have helped me become the man that
I am, honor, pride and integrity top that list. It has taken a few years to
grow but these attributes were cultivated by my time in the service. I request
my discharge to be upgraded because Im (sic) not the same man now that I was
then. I want to continue on the path Im (sic) on now, not the one I was on
then. I would like to believe that I now have served my community and country

"Honorable" with pride! vigor.

ATCH
None.

02/09/06/er
FD2002- 023°

DEPARTMENT'OF THE AIR FORCE
UNITED STATES AIR FORCES IN EUROPE

 

MEMORANDUM FOR 52 FW/CC 2% AUG 1995

FROM: 52 FW/JA

SUBJECT: Legal Review of Administrative Discharge - eh,

ONE 52.4 Communications Squadron
1. [have reviewed the administrative discharge action initiated against ieee,

and it is in substantial compliance with the provisions of AFPD 36-32 and AFI 36-3208 and
otherwise legally sufficient to support discharge.

2. BASIS FOR ACTION: Administrative discharge action against imide: is based on
minor disciplinary infractions, pursuant to AFI 36-3208, paragraph 5.49. The file consists of the
following:

a. On or about 2 Jun 95, he violated a lawful general order when he failed to be present for an

outprocessing appointment. For this action he received a Letter of Reprimand dated 25 Jul 95
(Atch 1). -

lb.” On or about 12 Jun 95, he dishonorably failed to pay a debt to Equi Fax company, which
resulted from a check written on insufficient funds. On 12 Jun 95, he lied to@QRIRE his
First Sergeant, by telling him he contacted Equi Fax when he had not. For this action he received
a Letter of Reprimand dated 14 Jun 95 (Atch 2), and a UIF was established (Atch 3).

c. On or about 12 Jun 95, he lied to his First Sergeant AqRQON when he told him he
was only given four weeks to complete his CDC’s when in fact he was given approximately four

months. For this action he received a Letter of Reprimand dated 27 Jun 95 (Atch 4).

“'d. Between on or about | Jul 95 and 19 Jul 95, he lied toaiiiMMQBMIR by stating to him that
he sent all payments to Equi Fax in a timely manner when in fact he had not. For this action he
received a Letter of Reprimand dated 19 Jul 95 (Atch 5), which was placed in his UIF (Atch 6).

'e, On or about 1 Jul 95, he dishonorably failed to pay a just debt when he failed for over two
months to make any payment on a debt to Guarantee Bank, despite the fact that he told Sage
‘ihn he would make a payment in the amount of $978.36, For this action he received a Letter

of Reprimand dated 26 Jul 95 (Atch 7), which was placed in his UIF (Atch 8).

f, During the week of 9 Jul 95, he failed to pay the Audio Plus Cellular Systems in Oklahoma
$220 after signing an agreement to pay that amount. Additionally, he shipped the cellular phone
(“02902-0239

that belonged to Audio Plus Cellular Systems with his household goods. For this action he
received a Letter of Reprimand dated 25 Jul 95 (Atch 9), which was placed in his UIF (Atch 10).

g. Onor about 12 Jul 95, he disobeyed a lawful order issued by RNA 0 contact

Equi Fax to resolve his debt problems, For this action he received a Letter of Reprimand dated
20 Jul 95 (Atch 11), which was placed in his UIF (Atch 6).

3. MATTERS FOR RESPONDENT:

a. The respondent enlisted in the Air Force on 10 Jun 93 and has two years and two months of
active duty service. The respondent has one EPR with an overall rating of 5. He is 24 years old,
and his AQE scores are A-89, E-70, G-76, M-40.

b. On 17 Aug 95, the respondent consulted counsel and submitted a statement on his own
behalf. He requested that he be retained in the Air Force or be given Probation and
Rehabilitation. He states that his greatest problem since he has been in the military has been his
financial situation. He states that he is working with a financial counselor to help correct his
problems and he requests that he be given one more final chance to prove that he has learned from

his mistakes (Tab 3).
feos

4:. DISCUSSION:

a. On 18 Aug 95, mith 52 CS/CC, recommended that aaa: discharged

om ihe Air Force for minor disciplinary a with a General discharge without P&R (Tab
1). ° : .

b: The discharge is being processed under AFI 36-3208, paragraph 5.49, which provides that
an airman may be discharged for minor disciplinary infractions. Despite numerous opportunities
to modify his behavior, s@Q0RNMMNet has continued to be financially irresponsible and lie to his
Stipervisors. These continued acts of misconduct are prejudicial to good order and discipline. His
iéceipt of seven Letters of Reprimand are inconsistent with continued military service and warrant
his immediate discharge.

5: ERRORS. AND IRREGULARITIES: There are no errors or irregularities which prejudice the
substantial rights of the respondent. i

Pry ne

6! CHARACTERIZATION OF SERVICE: Honorable discharges are only appropriate when an
dirman’s service gerierally has met Air Force standards of acceptable conduct and performance of
duty, or their service is otherwise exceptionally meritorious. Based upon-i@Reaatty.
disciplinary record and continued acts of misconduct, he does not deserve an Honorable — -
discharge. On the other hand, an Under Other Than Honorable Conditions (UOTHC) discharge
is only given for more serious misconduct, such as use of force or violence in inflicting bodily
ifjury or death, abuse of a special position of trust, or acts or omissions which endanger the
health, safety and welfare of others or the security of the United States. Furthermore QR
Mew ould be entitled to a board hearing if a UOTHC discharge i is recommended. It does

gehen t y : 1p
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F192002 ~O23 7

not appear that