NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AMN |

 

 

TYPE
PERSONAL APPEARANCE

 

X RECORD REVIEW

 

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION
ED "

YES

  

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

VOTE OF THEBOARD
RS SITTING "HON | ‘GEN UOTHC OTHER DENY
XxX
Xx
X
x
x

 

 

 

 

 

ISSUES INDEX NUMBER

A95,00 A67.10

EXHIBITS SUBMITTED TO:THE:BOARD

 

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

 

HEARING DATE

26 FEB 03

CASE NUMBER
FD2002-0397

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BRIEF OF PERSONNEL FILE

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.

 

SIGNATURE OF RECORDER

 

INDORSEMENT.

 

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

  

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

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

OF BOARD PRESIPENT

    

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

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0397

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 received an
Article 15 for failure to go and feigning a illness for the purpose of avoiding work. In addition, he also
received a Letter of Reprimand for failure to go and two Letters of Counseling for failure to go and leaving
his place of duty without proper authority and dereliction of duty. 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
FD2002-0397
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

—_—_ (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Mar 95 UP AFI 36-
3208, para 5.49 & 5.52.3 (Misconduct - Minor Disciplinary Infractions & Other

Serious Offenses). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 15 Jul 72. Enlmt Age: 20 9/12. Disch Age: 22 8/12. Educ: HS DIPL.
AFOT: N/A. A-96, E-82, G-92, M-58. PAFSC: 6F031 - Financial Management

Apprentice. DAS: 14 Feb 94.

b. Prior Sv: (1) AFRes 13 May 93 - 6 Oct 93 (4 Mos 24 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 7 Oct 93 for 4 yrs. Svd: 1 Yr 5 Mos 14 Das, all AMS.
b. Grade Status: AMN - 1 Mar 95 (Article 15, 1 Mar 95)

c. Time Lost: None.

d. Art 15's: (1) 1 Mar 95, Tyndall AFB, FL ~ Article 85 & 115. You did,
on or about 23 Feb 95, without authority, fail to go at
the time prescribed to your appointed place of duty. You
did, on or about 23 Feb 95, for the purpose of avoiding
your work in the Accounting and Finance Office, feign
illness. Reduction to the grade of AMN, and suspended
forfeiture of $100.00 pay per month for 2 months.

{No appeal) (No mitigation)

e. Additional: LOR, 23 NOV 94 - Failed to go.
LOC, 13 JUN 94 - Failed to go.
LOC, 14 MAR 94 - Leaving place of duty without proper
authority and dereliction to duty.

f—f. CM: None.

g. Record of SV: None.

(Discharged from Tyndall AFB)

h. Awards & Decs: AFTR, SAEMR, NDSM.

1. Stmt of Sv: TMS: (1) Yr (10) Mos (8) Das
TAMS: (1) Yr (5) Mos (14) Das
FD2002-0397

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Sep 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. Letter of Recommendation.

2. Letter from Senator sani
3. Letter from Representat ives iim.

17 Dec 02/cr
. —_FD2002- O?P97
DEPARTMENT OF THE AIR FORCE

325th Fighter Wing (AETC)
Tyndall Air Force Base Florida

17 MAR 199%

 

MEMORANDUM FOR CC
FROM: JA

SUBJECT: Legal Review of Administrative Discharge Under AFI 36-3208, Chapter 5, Section

1. BASIS: On 9 Mar 95 the 325 CPTS/CC initiated action to administratively discharge QQ

from the service according to AFPD 36-32 and under the provisions of AFT 36-3208,
Chapter 5, Section H, paragraphs 5.49 and 5.52.3, for a pattern of minor disciplinary infractions
and the commission of a serious offense.

2. SPECIFIC REASON: The reason for the commander's discharge recommendation is that
SNE cogaged in misconduct consisting of a pattern of minor disciplinary infractions and
the commission of a serious offense. Specifically:

a. He did, on or about 11 March 1994, without authority, leave his appointed place of
duty, to wit: building 662, suite 267. This was his first incident, and he received a Letter of
Counseling on 14 March 1994.

b. He did, on or about 13 June 1994, without authority, fail to go at the prescribed time to
his appointed place of duty at the appointed time, to wit: building 662, suite 267 at 0600 hours.
This was his second incident for which he received a second Letter of Counseling on 13 June
1994,

c. He did, on or about 23 November 1994, without authority, fail to go at the prescribed
time to his appointed place of duty, to wit: building 662, suite 267 at 0600 hours. This was his
third incident, and he received a Letter of Reprimand on 23 November 1994.

d. He did, on or about 23 February 1995, without authority, fail to go at the prescribed
time to his appointed place of duty, to wit: building 662, suite 267 at 0600 hours. Additionally,
he did, on or about 23 February 1995, for the purpose of avoiding his work in the Accounting and
Finance Office, feign illness. These combined comprised his fourth incident, and he received an
Article 15, with a reduction to the grade of airman (new DOR 1 Mar 95), and a suspended
forfeiture of $100.00 per month for two months.
_ F2002- OF F7

3. PERSONAL INFORMATION: The respondent is a 22 year old Accounting Technician. He
enlisted on 7 Oct 93 and his current enlistment began on 7 Oct 93, for a term of four years. He
has one year and five months of active service. He has not received an Enlisted Performance
Report. He is authorized to wear the National Defense Service Medal, the Small Arms Expert
Ribbon (Rifle), and the Air Force Training Ribbon. BER Meconsulted legal counsel and
declined to submit a statement concerning this action.

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. AFI 36-3208,
paragraph 5.49, authorizes the discharge of airmen who engage in a pattern of misconduct
consisting of minor disciplinary infractions. Additionally, paragraph 5.52.3 authorizes the
discharge of airmen who commit a serious offense provided a punitive discharge would be
authorized for the same or a closely related offense under the Manual for Courts-Martial (MCM),.
The MCM authorizes a maximum penalty of a dishonorable discharge, confinement for ] year,
and total forfeitures of all pay and allowances for malingering.