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AF | DRB | CY2003 | FD2002-0354
Original file (FD2002-0354.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
“COUNS, : "| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

| mK) ms]

 

 

 

 

   

   
   

   

        

 

 

 

 

 

 

 

       

 

ISSUES INDEX NUMBER oe A TO-THE BOARD
A94,.53, A67.50 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
6 MAY 03 FD2002-0354 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
/APPLICANT, 5 ISSUE AND THE BO, a B RCISIONAL Ra ; co
2a fhe ORES :
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 AFECMR.

 

SIGNATUR OF RECORDER

 

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 | js7092-0354

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change his RE code.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this nght.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge and change of RE code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify upgrade of the discharge.

Issue. Applicant was discharged for minor disciplinary infractions. Member received two Articles 15, four
Letters of Reprimand, and two Letters of Individual Counseling. His misconduct included failure to go on
numerous occasions, unlawful entry into another airman’s room, dereliction of duty and disobedience of a
lawful order, and traffic violations. Member was same age as other airmen who adhered to standards when
his misconduct occurred. The applicant didn’t submit any additional issues. The Board concluded the
misconduct was a significant departure from conduct expected of all military members. The Board found
no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the
characterization of the discharge received by the applicant was found to be appropriate.

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
FD2002-0354
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

mee (Former A1C) (HGH SRA)

ee:

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 03 Mar 98 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 19 Nov 74. Enlmt Age: 17 8/12. Disch Age: 23 3/12. Educ: HS DIPL.
AFOT: N/A. A-48, E-68, G-42, M-51. PAFSC: 3A051 - Information Management
Journeyman. DAS: 23 Sep 93.

b. Prior Sv: (1) AFRes 04 Aug 92 ~- 22 Jun 93 (10 months 19
days) (Inactive).

 

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 23 Jun 93 for 4 yrs. Extended 3 Apr 97 for 6 months.
Extended 29 Sep 97 for 6 months. Svd: 4 Yrs 8 Mo 10 Das, all AMS.

b. Grade Status: A1C - 18 Dec 97 (Article 15, 18 Dec 97)
SRA - 7 Jun 96
A1lC - 23 Oct 94
AMN - 23 Dec 93

c. Time Lost: None.

d. Art 15's: (1) 22 Jan 98, Vacation, F.E. Warren AFB, WY - Article 86.
Specification 1: You did, on or about 7 Jan 98, without
authority, fail to go at the time prescribed to your
appointed place of duty. Specification 2: You did, on
or about 8 Jan 98, without authority, fail to go at the
time prescribed to your appointed place of duty.
Forfeiture of $100.00 pay per month for 2 months.

(No appeal) (No mitigation)

(2) 18 Dec 97, F.E. Warren AFB, WY - Article 134.
Specification 1: You, were, on or about 30 Nov 97,
disorderly. Specification 2: You, did, on or about 30
Nov 97, unlawfully enter the dormitory room of A1C ----
~~. Reduction to A1C, and a suspended forfeiture of

$100.00 pay per month for 2 months. (Appeal/Denied) (No
mitigation)

e. Additional: LOC, 26 JAN 98 - Failure to go.
LOR, 24 NOV 97 - Failure to go.
LOR, 14 OCT 97 - Failure to go,
FD2002-0354

LOR, 26 SEP 97 - Dereliction of duty and disobedience of a
lawful order.

LOC, 26 SEP 97 - Failure to go.

LOR, 25 SEP 97 - Failure to go.

AFTT, 21 APR 97 - Traffic violation for being stopped in a
lane of traffic.

AFTT, 12 JAN 96 - Traffic violation for speeding.

£. CM: None.
g. Record of SV: 23 Jun 93 - 22 Feb 95 F.E. Warren AFB 4 (Initial)
23 Feb 95 - 22 Feb 96 F.E. Warren AFB 4 = £(Annual)
23 Feb 96 - 14 Jun 97 F.E, Warren AFB 4 = (Annual)
(Discharged from F.E. Warren AFB)
h. Awards & Decs: AFAM W/1 DEV, AFLSAR, AFTR, NDSM, AFOUA W/1 DEV, AFGCM.

i. Stmt of Sv: TMS: (5) Yrs (6) Mos (28) Das
TAMS: (4) Yrs (8) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Aug 02.
(Change Discharge to Honorable and Change the RE Code)

NO ISSUES SUBMITTED.

ATCH
1. DD Form 149.

25NOV02/ia
Fo2e03-3 4 of

DEPARTMENT OF THE AIR FORCE U.S. AIR FORCE
90TH SPACE WING (AFSPC)

 

1947-1997

95 FFR 1008

MEMORANDUM FOR 

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