AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 
   

PERSONAL APPEARANCE

<2) NAME OF COUNSEL AND OR ORGANIZATION

 

MEMBERS SITTING

     

GRADE | AFSN/SSAN

 

  

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL.

 

 

 

 

 

 

 

ISSUES INDEX NUMBER
A94.05 A49.00
HEARING DATE CASE NUMBER

19 JUN 03 FD2002-0420

REMARKS

Case heard at Andrews AFB, MD

 

 

 

 

 

 

 

 

 

 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

 

 

HON GEN UOTHC OTHER DENY

Xx
X
Xx
XxX
Xx

1 | ORDER APPOINTING THE BOARD

2 (| APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION

4 | BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

at : F wilt

 

SIGNATURE OF RECOM

 

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

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

 

   
 

   

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 | gp 9999-0421

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for his discharge, and to change his reenlistment code.

The applicant was scheduled for a Personal Appearance before the Discharge Review Board at Andrews

AFB, MD, on June 19, 2003, but after acknowledging intent to appear, failed to do so without requesting a
postponement.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant received an under honorable conditions (general) discharge for unsatisfactory
performance, namely failure to progress in on-the-job training, after he twice failed his end-of-course exam
for his Career Development Course. Although not a basis for the discharge, member also had misconduct
during the enlistment under review, which was used to characterize his service. That misconduct included a
civilian arrest for drunk in public, failure to go to a mandatory appointment that had been rescheduled three
times, failure to pay his Army Air Force Exchange System Deferred Payment Program account, misusing
his government travel card, and failure to adequately support his dependent son. For these offenses he had
received three Letters of Reprimand and a referral Enlisted Performance Report rated an overall “2.” The
record review also showed member had entries for substance abuse rehabilitation and treatment, as well as
family advocacy program entries during the enlistment under review. At the time of the discharge, member
consulted counsel and waived his right to submit statements in his own behalf. He had previously indicated
to his chain of command an expressed desire to be discharged. The Board noted an error in the processing
of the discharge in that five incidents of misconduct from a previous enlistment were used to characterize
member’s service; this was improper because incidents from a previous enlistment may only be used to
determine if a member should be discharged, but not what characterization of service should be given. The
Board concluded however that this was a harmless error in that member’s misconduct during the enlistment
under review was severe enough to warrant the general discharge, and the issuance of same was not an
abuse of command discretion. The Board further noted member’s breaches of discipline deviated from
standards expected of all Air Force members. Such unacceptable.conduct warranted the discharge applicant
received; it does not warrant an honorable characterization. The Board finds the applicant’s discharge to be
appropriate and in accordance with Air Force policy. ~

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
FD2002-0421

      

(Discharged from Beale AFB)
h. Awards & Decs: AFAM, AFTR, NDSM,, AFOUA, AFGCM.

of (19) Das
os (19) Das

i. Stmt of ‘Sv: TMS: (3) Yrs (10)°
TAMS: (3) Yrs (7)

4. BASIS ADVANCED FOR REVIEW: Appln ( Fm 293) dtd 3 Sep 02,
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

Issue: I would like for my General fUnder Honorable to be changed to
Honorable so that I may enlist in to (silc) the DC Air National Guard.

ATCH

1. Applicant's Letter.
2. DD Form 214.
3. Reference Letters.

14 Dec 03/ecr
DEPARTMENT OF THE AIR FORGE - D202 - Ouz)

HEADQUARTERS 8TH LOGISTICS GROUP (ACC)

BEALE AIR FORCE BASE, CALIFORNIA

 

10 December 1996

MEMORANDUM FOR SrA@

 

FROM: 9 MUNS/CC
SUBJECT: Letter of Notification

1. Iam recommending your discharge from the United States Air Force for Failure To Progress
In On-The-Job Training. The authority for my recommendation is AFI 36-3208, Chapter 5,
Section E, paragraph 5.26.3 If my recommendation is approved, your service will be
characterized as either honorable or general. I am recommending that your service be
characterized as general.

2. My reasons for recommending your discharge are:

a. On3 September 1996 you failed your Career Development Course End-of-Course
Examination with a score of 60. The minimum passing score is 65 (atch 1).

*

b. On 15 October 1996 you failed your Career Development Course End-of-Course-
Examination for the second time with a score of 55, for which you received a Letter of Reprimand.

(atch 2).

3. My reasons for recommending that your service be characterized as general are:

a. On 10 November 1995, you were driving your vehicle while under the influence of alcohol,
for which you received a Letter of reprimand (atch 3).

b. On or about 29 December 1995, payment on your Air Force Club Card was 60 days
overdue, for which you received a Letter of Counseling (atch 4).

c. On 13 February 1996 and on 13 May 1996, you dishonorably failed to pay your debts on
your AAFES DPP and UCDPP accounts, for which you received a Letter of Reprimand (atch 5).
: 7 %,

d. On 13 June 1996, you dishonorably failed to pay your debt on your AAFES DPP acount,
for which you received a Letter of Reprimand (atch 6).

e. On 7 August 1996, you failed to go to your mandatory outbound assignment briefing, for
which you received a Letter of Reprimand (atch 7).

Global P OWE for America
FP2002 ~ Oye)

£ On 7 September 1996, you were arrested for being drunk in public and on 13 September -
1996, you dishonorably failed to pay your debt tolyour AAFES DPP account, for which you

received a Letter of Reprimand (atch 8).

2,8. On 11 October 1996 you wrongfully used your AMEX Card for other than official
purposes, and you failed to provide adequate support for your son, Aaron, for the month of
October, for which you received a Letter of Reprimand (atch 9).

Copies of the documents to support this recommendation are attached and will be forwarded to
the separation authority. The commander exercisiig SPCM jurisdiction or a higher authority will
decide whether you will be discharged or retained fin 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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment with Capt 2ai@Mliat the Area Defense Counsel's Office,
Building 2179, Room 102, ext 2081, on41December 1996, at_1100 hours. You may consult

civilian counsel at your own expense.

5. You have the right to submit statements in yous own behalf. Any statements you want the
separation authority to consider must reach me by kz, December 1996, at (22 hours, unless
you request and receive an extension for good cauge shown. I will send them to the separation

authority,

 

6. If you fail to consult counsel or to submit staternents in your own behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the 9th Medical
Group, Flight Surgeon's Office with your medical records and glasses (if you wear them), on
142 December 19996, at 0730 hours for this examination.
i oy
‘ Ne ” "(-Dp2002~ Oy2!

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208, is available for your use in the orderly room.

 

Attachments:

1. CDC Score Card, 3 Sep 96
2. LOR, 1 Nov 96

3. LOR, 13 Nov 96
4, LOC, 29 Dec 95
5. LOR, 29 May 96
6. LOR, 25 Jun 96

7. LOR, 26 Aug 96
8. LOR, 27 Sep 96

9

. LOR, 1 Nov 96
10. Airman's Acknowledgment