ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITI AL.) GRADE AFSN/SSAN
is. AB
PE
GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES | NO

 

 

 

VOTE OF THE BOARD

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY

 

  

 

 

 

 

wm) mM) x) OK

 

 

 

 

 

 

 

ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94,53 A67.90 ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

 

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HEARING DATE CASE NUMBER

 

03-03-25 FD2002-0316 COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

| eee fen
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 DECISIGNAL RATIONALE.

 

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel.

DD Form 149 submitted. The case will be forwarded to the AFBCMR for further processing.

 

SIGNATURE OF REC!

   

INDORSEMENT, a Be DATE: 03-03-25

 

   

   

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

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

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD2002-0316

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

The applicant was offered a personal appearance before the Discharge Review Board 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 is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had
three Articles 15, a Letter of Reprimand, and two Letters of Counseling. Member also had an Enlisted
Performance Report rated an overall referral “2.” Mcember’s misconduct included failing to report to work
on time, playing computer games on his government computer during duty hours when told not to and there
was work to be done, making a false official statement, driving on base while under revocation, and falling
asleep on post while performing duties as a sentinel. At the time of the discharge, member submitted a
statement in his own behalf requesting retention to his expiration of term of service. Member now agrees
the things he did while in service didn’t meet military standards, but he feels he’s been sufficiently
“punished” and it has taught him a lesson. The Board notes that administrative separation is a separate and
distinct action apart from any non-judicial proceeding or disciplinary action; it is an action that severs the
military status of an individual and characterizes his service, but is not the same as punishment rendered for
his misconduct. The Board further noted that when his misconduct occurred, member was the same age as
other airmen who had adhered to the standards and he knew right from wrong, so he was held accountable
for his actions. The Board felt member’s misconduct was a serious departure from the standards expected
of airmen as evidenced by the fact the reason for his discharge was “conduct prejudicial to good order and
discipline.” The Board could find no wrongful action by the Air Force, nor an inequity that would warrant
an upgrade.

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
FD2002-0316

. DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/11/14 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 79/12/22. Enlmt Age: 19 8/12. Disch Age: 21 10/12. Educ: HS DIPL.
AFQT: N/A. A-43, E-24, G-33, M-23. PAFSC: 3A031 - Information Management

Apprentice. DAS: 00/05/24.

b. Prior Sv: (1) AFRes 99/09/17 - 99/12/28 (3 months 12 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 99/12/29 for 4 yrs. Svd: 01 Yrs 10 Mo 16 Das, all AMS.

b. Grade Status: AB - 01/06/07 (Article 15, 01/06/07)
AMN - 01/04/02 (Article 15, 01/04/02)

ec. Time Lost: None.

d. Art 15's: (1) 01/10/22, Moody AFB, GA - Article 113. You, on or
about 2 Oct 01, being posted as a sentinel at the 41%.
Rescue Squadron Operations Facility, were found —
sleeping upon your post. Thirty days restriction and a,
reprimand. (No appeal) (No mitigation)

(2) 01/06/07, Moody AFB, GA - Article 92, You, having
knowledge of a lawful order issued by LtCol ------ , to:
wit: That your driving privileges on Moody AFB, GA,
were revoked for one year, dated 14 Feb 01, an order
which it was your duty to obey, did, on or about 18 Apr
01, fail to obey the same by wrongfully driving your .
privately owned vehicle on Moody AFB, GA. You, having
knowledge of a lawful order issued by LtCol ------- , to
wit: That your driving privileges on Moody AFB, GA were
revoked for one year, dated 14 Feb 01, an order which
it was your duty to obey, did, on or about 20 May 01,
fail to obey the same by wrongfully driving your
privately owned vehicle on Moody AFB, GA. Reduction to
AB, and 30 days restriction. (No appeal) (No
mitigation)

(3) 01/04/02, Moody AFB, GA - Article 107. You, did, on or
about 09 Feb 01, with intent to deceive, make to SrA --
FD2002-0316

----- , an official statement, to wit: "my insurance’,
policy has been in effect since 7 Feb 01," or words to.
that effect, which statement was false in that your
insurance policy took effect on 9 Feb 01, and was then
known by you to be so false. Reduction to Amn, and 15
days extra duty. (No appeal) (No mitigation)

e. Additional: LOC, 01 JUN 01 - Late for duty.
LOR, 01 MAR O01 - Dereliction of duty.
Loc, 28 JUL 00 - Late for duty.

£. CM: None.

gq. Record of SV: 99/12/29 ~ 01/08/28 Moody AFB 2 (Initial) REF
(Discharged from Moody AFB)

h. Awards & Decs: AFTR, SAEMR.

i. Stmt of Sv: TMS: (02) Yrs (01) Mos (28) Das
TAMS: (01) Yrs (10) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/09.
(Change Discharge to Honorable)

Issue 1: First thank you for the chance to do this now that I have this
chance. I know the things I've done was not up to the military code of life and
I have been punished for it that is why I'm asking the Board to upgrade my
discharge. I know that was the over all punishment but it would not come to
that it that was the last chance but I feel that was for and it taught me a
lesson.

ATCH
1. DD Form 149.

02/11/06/ia
Pp pz02-23/e

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 347TH RESCUE WING (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

9 November 2001

MEMORANDUM FOR 347 RQW/CC

FROM: 347 RQW/JA

SUBJECT: po Review ‘ pene Action: