AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
[a
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SGT
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
ST
——=
aL al al ay
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94,05 A70.00 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
del we) Bo]
HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE
ail BEB 65 FD2002-0367 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 SSS
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
at
DATE: 21 FEB 03
TO: 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 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0367
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 one isolated incident
i 38 months of service and he did not have any other adverse actions. He also states that the charges were
based on hearsay. Finally, the applicant states that he has been a respectable citizen since his discharge.
The record indicates the applicant received an Under Other Than Honorable Conditions Discharge due to
the fact that he asked for a discharge in lieu of a court martial. The applicant was charged with
housebreaking, attempted larceny and dereliction of duty. 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
FD2002-0367
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former SGT) (HGH SGT)
1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 27 Jun 89 UP AFR 39-10,
Chapter 4 (Discharge in Lieu of Court Martial). Appeals for Honorable Disch.
2. BACKGROUND:
a. DOB: 18 Feb 63. Enlmt Age: 18 9/12. Disch Age: 26 4/12. Educ: HS DIPL.
AFOT: N/A. A-Unknown, E-Unknown, G-Unknown, M-Unknown. PAFSC: 81152 - Law
Enforcement Specialist. DAS: 5 Oct 87.
b. Prior Sv: (1) AFRes 7 Dec 81 - 19 May 82 (5 months 13 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 20 May 82 for 6 yrs. Extended 5 Jun 87 for 5 months.
Extended 9 Oct 87 for 12 months. Svd: 7 Yrs 1 Mo 8 Das, all AMS.
b. Grade Status: Sgt - 12 Mar 87
SrA - 7 Nov 84
Alc - 7 Jul 82
c. Time Lost: None.
d. Art 15's: None.
e. Additional: None.
—. CM: None.
g. Record of SV: 20 May 82 - 19 May 83 Charleston AFB 9 (Annual)
20 May 83 - 22 Jul 84 Kunsan AB 8 (Annual)
23 Jul 84 - 15 Feb 85 Beale AFB 8 (CRO)
16 Feb 86 - 15 Sep 86 Beale AFB 7 (CRO)
15 Sep 86 - 25 Mar 87 Beale AFB 9 (CRO)
26 Mar 87 - 02 Aug 87 Beale AFB 9 (CRO)
(Discharged from Minot AFB)
h. Awards & Decs: SAEMR, AFOSSTR W/1 BOLC, AFTR, AFLSAR, AFOUA, AFGCM W/1
BOLC.
i. Stmt of Sv: TMS: (7) Yrs (6) Mos (21) Das
TAMS: (7) Yrs (1) Mos (8) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 Aug 02.
FD2002-0367
(Change Discharge to Honorable)
Issue 1: My discharge was inequitable because it was based on one isolated
incident in 38 months of service plus with no other adverse action.
Issue 2: The discharge is improper because the charges was (sic) based on
hearsay.
Issue 3: I've been a respectable citizen after my discharge from U.S. Air
Force. I've raised three children and married to one wife for fifteen years.
For eleven years I been employed by the City of Sacramento still (Sic) present.
Please upgrade my discharge to Honorable.
ATCH
1. DD Form 214.
2. Three Character Reference.
3. Education Transcript.
O3DECO2/ia
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