AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

   
 

 

 

a
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE -
PERSONAL APPEARANCE X RECORD REVIEW
“COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO*
xX

 

 

VOTE-OF THE BOARD

 

 

MEMBERS SITTING [HON GEN —TTOTHC OTHER DENY

 

 

   

 

 

 

 

 

 

 

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ISSUES INDEX NUMBER “EXHIBITS SUBMITTED.TO, THE BOARD. |
A93.09 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE |
27 JUN 03 FD2002-0431 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF a
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

‘APPLICANT'S ISSUE ANDTHE BOARIYS DECISIONAL RATIONALAARE DISCUSSED ON THE 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 , SIGNATURE OF BOARD PRESIDEN,

‘PATE: 27: JUN.03

   

 

 

 

Sn

 

 

 

TO: FROM: .
SAF/MIBR. : SECRETARY @F 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 FD02-0431

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 states the circumstances that led to his discharge were not appropriately reviewed
because he states he had already been approved for a medical retirement months prior to his command’
decision to issue his discharge. He also states that his discharge was a direct result of his illness. The
record indicates the applicant received three Article 15s for being AWOL, wrongfully used his government
credit card and for dishonorably failing to pay just debts. The record was reviewed in its entirety and found
to be legally sufficient. The applicants’ case file was sent to SAF/MIB as a dual action (medical vs.
administrative) case. It was decided that the Administrative discharge was more appropriate. The record
also indicates that the OSI had a pending investigation for drug use by the applicant for cocaine use. The
Board concluded the applicant’s 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
FD2002-0431

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

an (Former SSGT) (HGH MSGT)

1. MATTER UNDER REVIEW: Appl rec’d a UOTHC Disch fr USAF 22 Jul 97 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for General Disch.

2. BACKGROUND:

a. DOB: 4 Sep 59. Enlmt Age: 19 7/12. Disch Age: 37 10/12. Educ: HS DIPL.
AFOT: N/A. A-31, E-79, G-80, M~73. PAFSC: T3E071 -— Electrical Systems

Craftsman. DAS: 29 Jul 95.

b. Prior Sve: Enld as AB 4 Apr 79 for 4 yrs. Reenld as SSgt 5 Jan 83 for
4 yrs. Ext: 13 May 86 for 6 months. Reenld as SSgt 10 Apr 87 for 4 yrs.
Reenld as TSgt 21 May 90 for 4 yrs. Ext: 21 Oct 92 for 6 months. Svd: 14 Yrs
1 Mo 28 Das, all AMS. AMN - 4 Oct 79. AlC - 4 Apr 80. SRA - (APR Indicates):
30 Jan 81 - 29 Jan 82. S$SGT - 1 Jan 83. TSGT - 1 Jul 87. MSGT - 1 Jul 90.

APRs: 8,7,9,9,9,9,9,9,9,9,9,9. EPRs: 4,5,4,5,5.

3. SERVICE UNDER REVIEW:

a. Reenld as MSgt 1 Jun 93 for 4 yrs. Svd: 4 Yrs 1 Mo 22 Das, of which AMS
is 4 Yrs 1 Mo 15 Das (Ex: 0 Mos 7 Das lost time).

b. Grade Status: SSGT ~ 10 Jan 97 (Article 15, 10 Jan 97)
TSGT ~ 26 Jan 96 (Vacation, Article 15, 12 Jun 96)

c. Time Lost: 25 Sep 95 - 2 Oct 95 (7 Days)

d. Art 15's; (1) 10 Jan 97, McGuire AFB, NJ - Article 134. You, being
indebted to ----~- in the total sum of $3,729.07 for
cash advances, charges, and advance fees, which amount
became due and payable on or about 27 Jan 96, did
within the territorial limits of the United States from
on or about 27 Jan 96 to on or about 3 Dec 96,
dishonorably fail to pay said debt. Reduction to the
grade of SSGT and a reprimand. (No appeal) (No

mitigation)

(2) 12 Jun 96, Vacation, McGuire AFB, NJ - Article 92 &
134. You, who knew of your duties within the
territorial limits of the United States, between on or
about 27 Jan 96 and on or about 21 Mar 96, were
derelict in the performance of those duties in that you
willfully failed to use your Government ---~------ for
official government travel related expenses only, as it
was your duty to do. You, being indebted to ------ in
the total sum of $1,919.12 for cash advances, charges,
and advance

FD2002-0431

fees, which amount became due and payable on or about
26 Jan 96, did within the territorial limits of the
United States from on or about 26 Jan 96 to on or about
27 Mar 96, dishonorably fail to pay said debt.
Reduction to the grade of TSGT. (No appeal) (No

mitigation)

(3) 26 Jan 96, McGuire AFB, Nj ~ Article 86. You, did, on
or about 25 Sep 95, without authority, absent yourself
from your unit, and did remain so absent until on or
about 2 Oct 95. Suspended reduction to the grade of
TSGT, and forfeiture of $307.00 per month for 2 months.

(No appeal) (No mitigation)

e. Additional: LOC, 6 FEB 96 - Falsified an official leave form.
TRAFFIC TICKET, 4 NOV 95 — Parking violation.
TRAFFIC TICKET, 28 NOV 95 — Expire drivers License.
TRAFFIC TICKET, 28 NOV 95 - Unknown (Ticket not legible)

f. CM: None.

g. Record of SV: 2 Mar 93 - 1 Mar 94 Yokota AB 5 (Annual)
2 May 94 - 27 Mar 95 Yokota AB 5 (CRO)
28 Mar 95 ~ 27 Mar 96 McGuire AFB 3. (Annual)

(Discharged from McGuire AFB)

h. Awards & Decs: AFAM, AFCM, MSM, AFTR, AFOLTR, NDSM, AFLSA W/3 DEV,
NCOPMER W/1 DEV, SAEMR, AFOUA W/2 DEV, AFGCM W/4 DEV.

a. Stmt of Sv: TMS: (18) Yrs (3) Mos (11) Das
TAMS: (18) Yrs (3) Mos (11) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Oct 02.
(Change Discharge to General)

Issue: I am requesting an update of my discharge based on the fact that I
feel that the circumstances that led to my discharge were not appropriately
reviewed. One issue that concerns me is the fact that I had already been
approved for medical retirement months prior to my commands (sic) decision to
issue my discharge. Also, it was abundantly clear that the actions that were
reviewed to determine my discharge were a direct result of my illness.
18Jan03/cr