AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIC

GRADE

 

 
  

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

   

 

AFSN/SSAN

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
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ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
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
21 FEB 03 FD2002-0342 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.

submit an application to the AFBCMR.

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

 

 

SIGNATURE OF RECORDER

 

INDORSEMENT

 

SIGNATURE OF BOARD PRE!

 

[To
SAF/MIBR

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

 

 

FROM:

 

DATE: 21 FEB 03

 

 

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 FD02-0342

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 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 contends that his discharge was too harsh because it was based on an appeal for the non-
judicial punishment that dropped him two pay-grades instead of the intended one pay-grade. He also states
that his discharge was for financial instability and that his commanding officer neglected to properly review
his military file. The record indicates the applicant received an Article 15 for writing bad checks. He also
received three Records of Individual Counseling for failure to go twice, and dereliction of duty; and two
Letters of Reprimand for failure to go on two occasions and failure to obey an order. The Board found no
evidence of any inequity or impropriety on which to base a decision to upgrade the discharge. The
characterization of the applicant’s discharge was appropriate due to the misconduct.

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
FD2002-0342
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Jun 97 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.,

2. BACKGROUND:

a. DOB: 7 Dec 76. Enlmt Age: 18 9/12. Disch Age: 20 5/12. Educ: HS DIPL.
AFOT: N/A. A-65, E-90, G-92, M-84. PAFSC: 2W031 - Munitions Systems
Apprentice. DAS: 11 Jul 96.

b. Prior Sv: (1) AFRes 18 Sep 95 - 9 Jan 96 (3 Mos 22 Days) (Inactive).

3.° SERVICE UNDER REVIEW:
a. Enld as AB 10 Jan 96 for 4 yrs. Svd: 1 Yr 4 Mos 23 Das, all AMS.

b. Grade Status: AB - 12 May 97 (Article 15, 12 May 97)
Alc - 10 May 97
AMN - Unknown

c. Time Lost: None.

dad. Art 15’s: (1) 12 May 97, Dyess AFB, TX - Article 134. You did, on
divers occasions from on or about 8 Mar 97 to on or
about 15 Mar 97, make and utter to the -----------
certain checks, in the total amount of $286.21 for the
purchase of goods and/or services, and did thereafter
dishonorably fail to maintain sufficient funds in the
mena H for payment of such checks in full upon their
presentment for payment. Reduction to the grade of AB.
(Appeal denied) (No mitigation)

e. Additional: RIC, 11 APR 97 - Failure to go.
LOR, 15 NOV 96 - Failure to obey an order.
RIC, 7 NOV 96 - Failure to go.
RIC, 21 OCT 96 - Dereliction to duty.
LOR, 17 SEP 96 - Failure to go on two occasions.

£. CM: None.
g. Record of SV: None.

(Discharged from Dyess AFB)
FD2002-0342

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (8) Mos (15) Das
TAMS: (1) Yr (4) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 2 Aug 02.
(Change Discharge to Honorable)

Issue: My discharge was inequitable because it was based on an appeal for

the non-judicial punishment that dropped me two pay-grades instead of the
intended one pay-grade. The discharge in letter is for finacial (sic)
instability which was not the case as I had made payment arrangements for my
finacial (sic) mistakes to be paid from my pay-roll. Furthermore my commanding
officer neglected to properly review my military file, had he an appeal would
not have been filed and I would not have lost two pay-grades. In closing, had
my commanding office (sic) reviewed my files properly, I feel I would have
finished my four active years and would not be nearing the end of my four

reserve years.

ATCH
None.

19 Nov 02/cr
F200 2 -“O 8 Y2.

‘

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 7TH BOMB WING (ACC)
DYESS AIR FORCE BASE, TEXAS

 

LS [Vary 77?

MEMORANDUM FOR 7 BW/CC
FROM: JA
SUBJECT: Legal Review - AFPD 36-32 and AFI 36-3208 Action,

1. [have reviewed the attached file pertaining to tr... find it legally sufficient to

support his discharge under AFPD 36-32 and AFI 36-3208, paragraph 5.49, dated 14 Oct 94, Minor Disciplinary
Infractions.

 

2. PERSONAL DATA: Mite is 20 years old, single, and has no dependents. His current enlistment is for
4 years and commenced on 10 Jan 96. His pay date and TAFMSD are 10 Jan 96. He has no duty performance

ratings at this time due to his short time in the Air Force.

3. BASIS FOR ACTION: On 27 May 97, the Commander, 7 EMS, recommended thag Ne be
discharged from the Air Force with a General discharge. In support of this recommendation, the commander has

cited the following facts and has included the relevant documentation frome@@RQ@@iM® military record:
é

2. a E-cid, on divers occasions from on or about 8 Mar 97 to on or about 15 Mar 97, make and utter to
the Army Air Force Exchange Service certain checks for the purchase of goods and/or services, and did
thereafter dishonorably fail to maintain sufficient funds in the Nations Bank for payment of such checks in full
upon their presentment for payment, as evidenced by AF Form 3070, dated 21 May 97.

b. He did, on 8 Apr 97, without authority, fail to go at the time prescribed to his appointed place of duty, as
evidenced by AF Form 174, dated 11 Apr 97.

c. He did, on 13 Nov 96, fail to obey a lawful verbal order given to him by MANAGE that GP

QM (01d him to review a Technical Order, an order that was his duty to obey, as evidenced by LOR, dated
13 Nov 96.

d. He did, on 7 Nov 96, without authority, fail to go at the time prescribed to his appointed place of duty, as
evidenced by AF Form 174, dated 7 Nov 96.

e. He did, on 12 Sep 96 and on 17 Sep 96, without authority, fail to go at the time prescribed to his appointed
place of duty, as evidenced by LOR, dated 17 Sep 96.

f. He was, on 18 Oct 96, derelict in the performance of his duties in that he failed to properly clean the men’s
restroom, as it was his duty to do, as evidenced by AF Form 174, dated 21 Oct 96.

4. MEMBER'S RESPONSES9@igSi00@iMlliconsulted with the Area Defense CounsciGiMMiomy. He has

waived his right to submit statements regarding this discharge action.

5. ERRORS OR IRREGULARITIES: None.

Global Power for America
6. CONCLUSIONS:

a. Should the Member be Discharged - The evidence contained in the discharge package is legally sufficient
to support separation under AFPD 36-32 and AFI 36-3208, paragraph 5.49. Before a commander recommends
discharge under this paragraph, the member must be counseled about the deficiencies and given the opportunity
to overcome them. This has been done in this case. a b:: been counseled and reprimanded for failure
to go, dereliction in the performance of his duties, and failure to obey an order. He received Article 15
punishment for writing checks and thereafter dishonorably failing to maintain sufficient funds in his bank
account to cover said checks on presentment for payment. Discharge is appropriate in this case.

b. Characterization of Discharge - Under AFPD 36-32 and AFI 36-3208, Table 1-3, this member may be
separated with an Under Other Than Honorable Conditions discharge. However, the member would be entitled
to have his case heard by an administrative board if such a characterization was recommended. After reviewing
all the relevant facts and circumstances, the squadron commander has recommended thagiiiihhiiie receive a
General discharge. A General discharge is appropriate when significant negative aspects of an airman's conduct

or performance outweigh the positive record. WhiledRNR: misconduct is intolerable, it does not rise to the
level which clearly warrants an Under Other Than Honorable Conditions discharge. A General discharge is

warranted in this case.

c. Probation and Rehabilitation - Under AFPD 36-32 and AFI 36-3208, Chapter 7, probation and
rehabilitation should be offered to airmen who have demonstrated a potential to serve satisfactorily; who have
the capacity to be rehabilitated for continued military service; and for those whose retention on active duty in a
probationary status is consistent with the maintenance of good order and discipline in the Air Force. The

squadron commander has tried to rehabilitated, civing him the opportunity to overcome his
deficiencies as required by AFPD 36-32 and AFI 36-3208, para 5.2. Specifically, the commander used the
following rehabilitative tools: Article 15 (reduction in rank); three letters of counseling; and two letter of
reprimands. SERIA continued misconduct and failure to respond to the various corrective efforts already
taken have demonstrated neither a potential to serve satisfactorily nor a capacity to be rehabilitated. The
retention of this member would be inconsistent with the maintenance of good order and discipline in the Air

Force.

7, OPTIONS OF THE SEPARATION AUTHORITY: You are the separation authority in this case. Your
options are.

a. Retain the member in the Air Force.

b. Discharge the member with a General discharge, with or without probation and rehabilitation.

c. Recommend to 8 AF/CC that the member be separated with an Honorable discharge, with or without
probation and rehabilitation, if you believe an Honorable discharge is appropriate.

d. Direct this action be initiated under administrative board proceedings, if you believe only an Under Other
Than Honorable Conditions discharge can properly characterize the member's service.

8. RECOMMENDATION:

a. I recommend that you discharging ith a General discharge, without the opportunity for
probation and rehabilitation.
i Fe 2002~ DOSY 2

b. Further, should you concur in this recommendation for discharge, I recommend this member be barred
from the installation. An individual with this type of track record of misconduct seems destined for further
trouble and could impact on good order and discipline on this installation.

  

Attachment

Case File - aarti.
JD 20027 OF¥ 2

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 7TH BOMB WING (ACC)
DYESS AIR FORCE BASE, TEXAS

 

2.7 MAY 1087

MEMORANDUM FOR ia AOR

FROM: 7 EMS/CC

SUBJECT: Letter of Notification t

1. lam recommending your discharge from the United States Air Force for Minor Disciplinary Infractions. The
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49, dated 14 Oct 94. If my
recommendation is approved, your service wil] be characterized as Honorable or General. I am recommending
that your service be characterized as General (Under Honorable Conditions).

2. My reasons for this action are: :

a. You did, on divers occasions from on or about 8 Mar 97 to on or about 15 Mar 97, make and utter to the
Amy Air Force Exchange Service certain checks for the purchase of goods and/or services, and did thereafter
dishonorably fail to maintain sufficient funds in the Nations Bank for payment of such checks in full upon their
presentment for payment, as evidenced by AF Form 3070, dated 21 May 97.

b. You did, on 8 Apr 97, without authority, fail to go at the time prescribed to your appointed place of duty, as
evidenced by AF Form 174, dated 11 Apr 97.

c. You did, on 13 Nov 96, fail to obey a lawful verbal order given to you bySjpGiiaiein tha

‘MBI you to review a Technical Order, an order that was your duty to obey, as evidenced by LOR, dated
15 Nov 96.

d. You did, on 7 Nov 96, without authority, fail to go at the time prescribed to your appointed place of duty, as
evidenced by AF Form 174, dated 7 Nov 96.

e. You did, on 12 Sep 96 and on 17 Sep 96, without authority, fail to go at the time prescribed to your
appointed place of duty, as evidenced by LOR, dated 17 Sep 96,

f. You were, on 18 Oct 96, derelict in the performance of your duties in that you failed to properly clean the
men’s restroom, as it was your duty to do, as evidenced by AF Form 174, dated 21 Oct 96.

Copies of the documents to be forwarded to the separation authority in support of this recommendation are
attached. The commander exercising SPCM jurisdiction or higher authority will decide whether you will be
discharged or retained in the Air Force and, if you are discharged, how your service will be characterized.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have made an

appointment for you to consu| gaiigiiiaaaianiia, Area Defense Counsel, on 23 May 97 at 0900 hours. You may
consult civilian counsel at your own expense. d 2h

4. You have the right to submit st tements in your own behalf. Any statements you want the separation authority
to consider must reach me by 28 97, 0800 hours, unless you request and receive an extension for good cause

shown. I will send them to the separation authority.

5. If you fail to consult counsel or to submit statements in your own behalf, your failure will constitute a waiver of
your right to do so.

Global Power for America
5 3) 6220020242

6. You have been scheduled for a medical examination on 27 May 97, at 0900 hours, at the 7th Medical Group
Hospital, Physical Exams Section.

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. Execute the attached acknowledgment and return it to me immediately.

  

Attachments:

1. Airman's Receipt of

Letter of Notification

AF Form 3070 dated 21 May 97
AF Form 174, dated 11 Apr 97
LOR, dated 15 Nov 96

AF Form 174, dated 7 Nov 96
LOR, dated 17 Sep 96

AF Form 174, dated 21 Oct 96

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