I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

A1C 

TYPE 

Cov?SEL 
YES 

I  NO 
X 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORCANIZAI ION 

X  RECORD REVIEW 
ADDRESS AND OR ORGANUATION OF COllNSEL 

VOTE OF TlIE BOARD 

HON 

CEN 

UOTHC 

WI'HER 

P "-"---  ---. 

MEMBERS SITTING 

1 

I  I 

ISSUES 
A95.00 

INDEX NUMBER 
A67.3 

IlEARING DATE 
l6APR 03 

CASE NUMBER 
FD2002-0426 

DENY 
X 

X 

X 
X 

I 

I 

I 

I 

1 
2 
- 
3 
4 

I 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

ORDER APPOINI'ING  TlIE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NO7'1FICATION 
BRIEF OF PERSOWEL FILE 
COIJNSEL'S  RELEASE 'TO  TIIE BOARD 
ADDITIONAI.  EXIIlBlTS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I I TAPE RECORDING OF PERSONAL APPERANCE HEARING 

I 

APPLICANT'S ISSLR! AND 

I 

I 

BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SAF/MIBR 
550 C STREET WEST, SUITE 40 
W D O L P I I  AFD, TX 78 150-4742 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCI1. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3m  FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0426 

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 having a concealed weapon.  The Board concluded this disciplinary infraction was 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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGR S m )  

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAFR 18 Jun 99 UP AFI 36- 
3209, Chapter 3 ,  para 3.21.3.4 (Misconduct -  Commission of a Serious Offense, 
Other Serious Offense).  Appeals for Honorable Discharge and to Change the RE 
Code. 

2 .   BACKGROUND: 

a. DOB: 18 Jan 75.  Enlmt Age: 19 3/12.  Disch Age:  24 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-58,  E-37,  G-46,  M-28. PAFSC: 3M031 -  Morale, Welfare, Recreation 
and Services Apprentice. DAS: 1 Dec  9 7 .  

b.  Prior Sv: (1) Enlisted ANGUS as AB  21 Apr 94 for 6 yrs.  S v d :   3 yss 7 
months 9 days, of which AMS  is 6 months 16 days.  Am-A1C unknown.  SrA -  21 Apr 
96.  EPRs not available. 

3 .

  SERVICE UNDER REVIEW: 

a.  Transferred to USAFR as SrA 1 Dec  97. Svd: 1 Yrs 6 Mo 17 Das, of which 

AMS  is 7 months 13 days. 

b.  Grade Status:  A ~ C  

-  2 Aug 98 (Article 15, 2 Aug 98) 

c.  Time Lost:  None. 

d.  Art 15,s: 

(1) 2 Aug 98, Sheppard AFB, TX -  Article 80.  You, did, on 

or about  3  Jul 98, carry on or about you a concealed 
weapon, to wit: a loaded 9mm Taurus PT-92 with laser 
sight weapon.  Reduction to A1C.  (No appeal) (No 
mitigation) 

e,  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Robins AFB) 

h.  Awards &  Decs:  AFTR, AFOUA, AREMSM, AFLSAR. 

i.  Stmt of Sv:  TMS: (5) Yrs  (1) Mos  (29) Das 
TAMS: (1) Yrs  (1) Mos  (29) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD  Fm 293) dtd 2 Oct 02. 

(Change Discharge to Honorable and Change the RE Code) 

NO ISSUES SUBMITTED. 

A'XCH 
1. Copy of Discharge Correspondence. 

I 

\ ---< 

~pzmrz--aL/ZG 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE RESERVE COMMAND 

Apt? 

5 

'8flS) 

FROM:  HQ AFRC/DPM 

155 2nd St 
Robins AFB GA 3 1098-1635 

SUl3JECT:  Notification of Initiation of Separation Action under AFI 36-3209 

1  By  this  memorandum  separation  action  is  being  initiated  against  you  for  misconduct, 
commission of serious offense, other serious offense. The authority for  this  separation action  is 
AFI  36-3209,  Chapter  3,  paragraph  3.21.3.4. Information regarding your  entitlement  to  submit 
statements about your case, the lawful usage of such statements and their disclosure is provided in 
the attached  Privacy Act  Statement (Atch  1).  A  description  of  the  reason  for this  separation 
action  is  set  forth  in  the  attached  Statement  of  Reasons  (Atch  2)  along  with  supporting 
documents.  AFI  36-3209 is available for your review at your servicing Military Personnel Flight. 
The type  of  separations authorized  are Honorable,  General (Under Honorable Conditions), and 
Under Other Than Honorable Conditions.  The type of separation recommended in  your case is a 
General (Under Honorable Conditions) Discharge. 

2.  Within  24  hours  after  you  receive  this  memorandum,  you  must  complete  and  return  the 
attached acknowledgment of  receipt (Atch 3) of this memorandum and the attachments thereto. 

3.  The following is a summary of your rights: 

a.  You  are  entitled  to  consult  with  a  military  legal  counsel  who  is  qualified  under  Article 
27(B)(1),  Uniform Code of Military Justice (UCMJ), at no cost to you.  You  may  also consult 
with civilian  legal counsel of your choice, but  at your own  expense. 
a Judge 
Advocate  qualified  under  Article  27(B)(1),  UCMJ,  has  been  designated  to  represent  you  in 
connection with  this separation action.  Her mailing address  is HQ AFRCJJAS,  155 2nd  Street, 
Robins  AFB  GA  3 1098-1635.  Her  phone  numbers  are DSN  497-1588,  1-800-458-5391, or 

b.  You have the right to submit pertinent statements andlor documents in your behalf which 
you desire to be considered in the disposition of your case.  If you elect to exercise your right to 
submit  statements,  and you return the attached  form  (Atch  4) within 15 days of receipt, you 

may  submit  statements or documents at  any time  during  the  administrative discharge  process. 
The form must  be  signed  either by  you  or your legal counsel and  returned to HQ  AFRCDPM, 
1 55 2nd Street, Robins AFB GA 3 1098-1 635. 

c.  If you  need  additional time to  respond to this separation action,  either you  or your  legal 
counsel may  submit  a  written request  to HQ  AFRCDPM,  155 2nd  Street, Robins  AFB  GA 
31098-1635,  for an extension of time,  stating why  you need  the extra time and  how much  time 
you'll  need.  The  request  must  be submitted in sufficient time to reach this ofice within  15 days 
after receipt of this memorandum. 

d  Your  failure  to  submit  any  form  or  to  submit  a  written  request  for  additional  time  to 
respond to the separation  action within  15 days after receiving this memorandum waives all your 
rights  and your case will be processed on the basis of  all  the evidence then available. 

4.  You are not eligible for an administrative discharge board. 

5.  You  are not eligible to apply for transfer to the Retired Reserve. 

6.  You  should note  that  failure to respond  on  selection  of  one  of  these  options, or  failure to 
request a delay within  15 days after you receive  this  memorandum,  will constitute waiver  of all 
your  rights.  This will  result  in  your  case being  processed  on  the  basis  of all  the  evidence then 
available. 

7.  A return envelope (Atch 5) is attached for your convenience. 

Military Personnel Division 

Attachments: 
1.  Privacy Act Statement 
2.  Statement of Reasons with 
Supporting Documentation 
3.  Acknowledgement of Receipt 
4.  Selection of Rights 
5.  Envelope 

cc: 
HQ AFRCIJAS 
403 MSSDPMSA wo Attachments