AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
a AIC mii,
TYPE

PERSONAL APPEARANCE X RECORD REVIEW

 

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

 

 

 

 

 

 

 

"VOTE OF THE BOARD
MEMBERS SITTING HON GEN] UOTHC | OTHER | DENY
x
Xx
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ISSUES INDEX NUMBER es s EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.10 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
26 FEB 03 FD2002-0394

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
  
  

    
 

 

 

 

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 nat amr bins SIGNATURE OF BOARD PRI ie

  

DATE: 26FEB 03-

ee

    

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 FD01-0394

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant had
received three Letters of Reprimand for failure to pay just debts, failure to go and making a false official
statement. He also received three Letters of Counseling for committing fraud, failure to pay just debts, and
failure to go. The DRB opined that through these administrative actions, the applicant had ample
opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions
were a significant departure from the 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.

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
FD2002-0394
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec‘d a GEN Disch fr USAF 16 Nov 94 UP AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 5 Nov 72. Enlmt Age: 20 2/12. Disch Age: 22 0/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-81, G-74, M-73. PAFSC: 2A031A - Avionics Test Station and
Component Apprentice. DAS: 16 Mar 94.

b. Prior Sv: (1) AFRes 20 Jan 93 - 18 Apr 93 (2 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 19 Apr 93 for 6 yrs. Svd: 1 Yr 6 Mos 29 Das, all AMS.
b. Grade Status: AIC - 3 Jun 93
c. Time Lost: None.

d. Art 15’s: None,

e. Additional: LOR, 24 OCT 94 ~- Making false official statement.
LOR, 22 Sep 94 ~ Failure to go.
ROC, 21 SEP 94 - Failure to go.
LOR, 30 AUG 94 - Failure to pay just debt.
ROC, 23 AUG 94 ~ Failure to pay just debt.
ROC, 23 AUG 94 - Committing fraud.

f£. CM: None.
g. Record of SV: None.

(Discharged from Tyndall AFB)
h,. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (1) Yr (9) Mos (28) Das
TAMS: (1) Yr (6) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 Sep 02,
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2002-0394

ATCH
None.

18DECO2/ia
~ Poze Z- 6 394

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

14 Nov 1994

MEMORANDUM FOR 325 FW/CC
FROM: 325 FW/JA

SUBJECT: Legal Review of Administrative Discha
Chapter 5, Section H 3, _ i

  

1. BASIS: On 4 Nov 94, 325 Ms/CC initiated action to administ-
ratively discharge aque, from the service under the
provisions of AFR 39-10, Chapter 5, Section H, paragraph 5-46, for
misconduct. The commander recommended a general service
characterization.

2. SPECIFIC REASONS: The specific reason for the commander's
discharge recommendation is @@(@@iew engaged in misconduct consisting
of a pattern of minor disciplinary infractions. Specifically:

a. On or about 19 Aug 93, he did, at Tyndall Air Force Base,
Florida, commit fraud, by taking possession of @@RQMB® truck stating
to him that he was going to purchase his truck, knowing that he could
not. afford it. As a result, he received a record of counseling, dated
23 Aug 94.

b. On or about 19 Ang 94, he did, at Tyndall Air Force Base,
Florida, fail. to pay a just debt. As a result, he received a record of
counseling, dated 23 Ang 94. —

c. On or about 29 Ang 94, he did, at Tyndall Air Force Base,
Florida, fail to pay a just debt. As a result, he received a letter of
reprimand, dated 30 Aug 94.

d. On or about 16 Sep 94, he did, at Tyndall Air Force Base, |
Florida, fail to go at the prescribed time to his appointed place of
duty. As a result, he received a record of counseling, dated 21 Sep
94,
e. On or about 21 Sep 94, he did, at Tyndall Air Force Base,
Florida, fail to go at the prescribed time to his appointed place of
duty. As a result, he received a letter of reprimand, dated 22 Sep 94
and a UIF was established.

. £. On or about 3 Oct 94, he did, at Tyndall Air Force Base,
Florida, make a false official statement to his supervisor. Asa
result, he received a letter of reprimand, dated 24 Oct 94, and an
entry into his UIF.

3. PERSONAL INFORMATION: The respondent is a 22 year old Avionics
Test Station Apprentice. He enlisted in the Air Force on 19 Apr 93 for
a term of six years. He has not received an enlisted performance
Fezes2- 0374

report. After consulting with legal counsel Qe did not. submit
a statement in his behalf.

4. DISCUSSION: The case file is legally sufficient subject to
inclusion in the file of a report of medical examination showing the
respondent is qualified for worldwide duty. AFR 39-10, paragraph 5-46,
authorizes the discharge of airmen who engage in a pattern of
misconduct consisting of minor disciplinary infractions. Documented
instances of misconduct resulting in an Unfavorable Information File,
Letters of Reprimand and a Records of Counseling satisfy the
requirements under the regulation and support a general discharge. AIC
Morrow has not behaved in accordance with the standards of personal
opportunities to conform his conduct to Air Force standards. The
failure of past rehabilitative attempts indicates that additional.
probation and rehabilitation efforts are inappropriate for this airman.

5. OPTIONS: As discharge authority you may:
a. Direct retention, or

b. Direct discharge with a general discharge either with or
without probation and rehabilitation, or

c. Forward this file to 19AF/CC with a recommendation for an
honorable discharge either with or without probation and
rehabilitation.

6. RECOMMENDATION: Recommend you direct discharge with a general
service characterization without probation and rehabilitation.
PR 2002- 0374

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

t . 04 NOV Wy4
FROM: 325 MS/CC

SUBJECT: Letter of Notification

1. I am recommending your discharge from the United States Air Force for
misconduct consisting of minor disciplinary infractions. The authority for
this action is AFR 39-10, paragraph 5-46. If my recommendation is approved,
your service will be characterized as honorable or general. I am recommending
that your service be characterized as general.

2. My reason for this action is. that you committed several offenses which
constitute a pattern of minor disciplinary infractions. Specifically:

a. On or about 19 Aug 94, you did, at 1 Air Force Base, Florida,
camit fraud, by taking possession of truck stating to him that you
were going to purchase his truck, knowing that you could not afford it. As a
result, you received a record of counseling, dated 23 Aug 94 (Atch 1-1).

b. On or about 19 Ang 94, you did, at Tyndall Air Force Base, Florida,
fail to pay a just debt. As a result, you received a record of counseling,
dated 23 Aug 94 (Atch 1-2).

c. On or about 29 Aug 94, you did, at Tyndall Air Force Base, Florida,
fail to pay a just debt. As a result, you received a letter of reprimand,
dated 30 Aug 94 (Atch 1-3).

d. On or about 16 Sep 94, you did, at Tyndall Air Force Base, Florida,
fail to go at the prescribed time to your appointed place of duty. Asa
result, you received a record of counseling, dated 21 Sep 94 (Atch 1-4).

e. On or about 21 Sep 94, you did, at Tyndall Aix Force Base, Florida,
fail to go at the prescribed time to your appointed place of duty. As a
result, you received a letter of reprimand, dated 22 Sep 94 and a UIF was
established (Atch 1-5).

f. On or about 3 Oct 94, you did, at Tyndall Air Force Base, Florida,
make a false official statement to your supervisor. As a result, you received
a letter of reprimand, dated 24 Oct 94, and an entry into your UIF (Atch 1-6).

Copies of the documents to be forwarded to the separation | authority in support
of this recommendation are attached. The commander exercising SPCM
jurisdiction or a 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. If you are discharged, you will be ineligible for
reenlistment in the Air Force.
3. You have the right to consult counsel. Military legal comsel has been
obtained to assist you. I have made an appointment for you to consult gy:

Mat. Bldg 1005 on 77 Novd4 at JOO hours. You may consult civilian
counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider mist reach me within
3 workdays 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.

6. You have been scheduled for a medical examination. You must report to
building 1015 on 3 Nov IY at 0730 hours.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, attachment 2. A copy of AFR 39-10 is
available for your use in the orderly roon.

8. Execute the attached acknowledgment and return it to me inmediately.