AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

hen AMN

  
 

AFSN/SSAN

 

 

 

 

 

 

 
    
  

PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

VOTE OF THE HOARD |
MEMBERS SITTING HON GEN vOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

  

   

 

   

ORDER APPO
APPLICATION FOR REVIEW OF DISCHARGE

INDEX NUMBER

A67.10

   
    

 

 

LETTER OF NOTIFICATION

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26 FEB 03, CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
em 230 COUNSEL'S RELEASE TO THE BOARD
. ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

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 _

  

DATE: 26 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

   
  

 

  
 

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 FD02-0390

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 does not contest the discharge; he merely wants it upgraded in order to receive his G.I.
Bill benefits. The record indicates the applicant received two Article 15’s for a DUI and assault. He also
received a Vacation action of a suspended UCMJ action for failure to go. And, he received a Letter of
Reprimand for playing his stereo too loud. The applicant cited his desire to receive the G.I. Bill benefits as
justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a
statement that he understood he must receive an Honorable discharge to receive future educational
entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the
applicant, but this is not a matter of inequity or impropriety that would warrant an upgrade. The DRB
opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board concluded the misconduct was a significant departure from conduct expected
of all military members. The characterization of the discharge received by the applicant was found to be
appropriate. The Board found no evidence of any inequity or impropriety on which to base a decision to
upgrade the discharge.

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
FD2002-0390

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
‘ MISSING DOCUMENTS

a . (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 23 Jun 98 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch,

2. BACKGROUND:

a. DOB: 25 Jun 77. Enlmt Age: 17 10/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFOT: N/A. A-77, E-81, G-84, M-72. PAFSC: 2A636 - Aircraft Electrical &

Environmental System Apprentice. DAS: 18 May 96.

b. Prior Sv: (1) AFRes 12 May 95 - 17 Oct 95 (5 months 6 days) (Inactive) .

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 18 Oct 95 for 4 yrs. Svd: 2 Yrs 8 Mo 6 Das, all AMS.

b. Grade Status: AMN - 23 Dec 97 (Article 15, Vacation, 23 Jan 98)
A1lC - 18 Feb 97
AMN - 18 Apr 96.

c. Time Lost: None.

d. Art 15’s: (1) 6 May 98, Aviano AB, Italy - Article 81. You, did, at
or near Marsure, Italy, on or about 3 Apr 98, conspire
with SrA ------ , Am ------ , and SrA --~-+-- to commit an
offense under the Uniform Code of Military Justice, to
wit: assault, and in order to effect the object of
conspiracy you, SYA ------ , Amn ------ , and Sra ------
did follow A1C ------ , block a door to prevent others
from entering, and assault the said AlC ------ . Article
107. You, did, on or about 4 Apr 98, with intent to
deceive, make to SMSgt ------ , an official statement, to
wit: you did not see any fighting at all, which
statement was totally false, and was then known by you
to be so false. Article 128. You, did, at or near
Marsure, Italy, .on or about 3 Apr 98, assault A1C -----
by holding a door closed and preventing others from
entering while SrA ------ , Amn --+---- , and SrA ------
did unlawfully strike the said A1C -+---- in the face
and stomach with their fists and feet. Suspended
reduction to AB, forfeiture of $250.00 pay per month for
2 months; and a reprimand. (No appeal) (No mitigation)
(2) 23 Jan 98, Vacation, Aviano AB, Italy - Article 86.

You, did, between on or about 31 Dec 97 and on or about
FD2002-0390

1 Jan 98, without authority, fail to go at the time
prescribed to your appointed place of duty. Reduction
to Amn. (No appeal) (No mitigation)

(3) 23 Dec 97, Aviano AFB, Italy - Article 111. You did,
at or near Pordenone, Italy, on or about 6 Dec 97,
physically control a vehicle, to wit: a passenger car,
while the alcohol concentration in your blood was 0.10
grams of alcohol per 100 milliliters of blood or
greater, as shown by chemical analysis. Suspended
reduction to Amn, forfeiture of $505.00 pay per month
for 2 months; 45 days extra duty; and a reprimand,

(No appeal) (No mitigation)

e. Additional: LOC, 26 AUG 97 - Playing stereo too loud.
£. CM: None.
g. Record of SV: 18 Oct 95 - 17 Jun 97 Aviano AB 5 (Initial)

(Discharged from Wright~Pattergon AFB)
h. Awards & Decs: AFTR, NDSM, NATOM, AFSM, AFOSLTR.

i. Stmt of Sv: TMS: (3) Yrs (1) Mos (12) Das
TAMS: (2) Yrs (8) Mos (6): Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 Sep 02.
(Change Discharge to Honorable)

Issue 1: I received a general discharge under honorable conditions. I
request to have my discharge upgraded to "Honorable" go that I can receive my
G.I. Bill benefits to further my education and support my family.

ATCH
1. Applicant's Letter to the Air Force Discharge Review Board.

‘16DECO2/ia
Fo 2002~ OBFO

DEPARTMENT OF THE AIR FORCE
31st Fighter Wing (USAFE)

+9 May 98

MEMORANDUM FOR