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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIJlDLE INITIAL) 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

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ISSUES 
A94.05 

MDEX NUMEIER 
A67.90 

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HEARING DATE 
6 MAY 03 

CASE NUMBER 
FD2002-0439 

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(  3  1  LETTER OF NOTIFICATION 
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COUNSEL'S  RELEASE TO THE BOARD 
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PERSONAL APPEARANCE 
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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 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1504742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF T I E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

4 

Previous edition will be used. 

c 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0439 

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 contends that his discharge was too harsh because the Article  15 he received for being 
AWOL was due to a broken down car.  The record indicates the applicant received two Article's  15.  The 
first one for being AWOL for three days and the second one for wrongfully using his government charge 
card for purposes other than  official government travel.  He  also received three Letters of Counseling for 
not returning to work after an appointment, being derelict in the performance of his duty and for being late 
for work.  The applicant indicates that he was stuck in Savannah Georgia for the weekend during the period 
of 26 May 98 through 29 May 98.  However, the second Article  15 he received indicates that he used his 
government credit card in Houston Texas and in Savannah Georgia during that same time frame.  If he can 
provide  additional  documented  infomation  to  substantiate  an  issue,  the  applicant  should  consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise this 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with  factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to 
the community.  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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 9 SEP 98 UP AFI 36-3208, 
para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Mar 76.  Enlmt Age: 20 9/12.  Disch Age: 2 2   5/12. Educ: HS  DIPL. 

AFQT: N/A.  A-67,  E-68,  G-82,  M-57. PAFSC: 2W131F -  Munitions Systems 
Apprentice. DAS: 2 0   Nov 97. 

b.  Prior S v :   (1) AFRes 17 Jan 97 -  20 May  97 (4 months 4 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 May 97 for 4 yrs. Svd: 1 Yr 3 Mos 20 Days, al1,AMS. 

b.  Grade Status:  AB  -'  17 Aug 98  (Article i5, 14 Aug 98) 

AMN -  21 NOV 97 

c.  Time Lost:  None. 

d .  

Art 15's:  (1) 14 Aug 98, Moody AFB, GA -  Article 9 2 .   You, did, at or 
near Houston, Texas, and or Savannah, Georgia, on divers 
occasions between on or about 27 May 98 and on or about 
3 0   May 98, fail to obey a lawful general instruction, to 
wit: paragraph 25.1, AFI 65-104, dated 1 May 96, by 
wrongfully using your Government - - - - - - -   Travel Charge 
Card for purposes other than official government travel. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 5 Jun 98, Moody AFB, GA -  Article 86.  You, did, on or 

about 26 May 98, without authority, absent yourself from 
your place of duty at which you were required to be, and 
did remain so absent until on or about 29 May 98. 
Suspended reduction to AB, and 14 days restriction. 
(No appeal) (No mitigation) 

e.  Additional: LOC, 24 JUN 98 -  Late for work. 

LOCI  19 JLTN  98 -  ~ereliction of duty. 
LOCI  18 JUN 98 -  Not returning to work after appointment. 

f .   CM:  None. 

g.  Record of SV: None. 

(Discharged from Moody AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (7) Mos  ( 2 4 )   Das 
TAMS: (1) Yrs  ( 3 )   MOS  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 8 Sep 02. 

(Change Discharge to Honorable) 

Issue 1:  One issue I have with this is that I had gotten an Article 15 for 
being AWOL.  What caused me to be late was a broken down car.  It broke down in 
Savannah, GA while I was coming home from leave.  After breaking down I called 
my squadron commander and told him of the situation.  After 4 days of being 
stranded in Savannah, because the mechanic kept telling me he should get my car 
back to me the next day, I decided to take the car &  get it towed to Valdosta GA 
Moody AFB.  Everyday I reported to my superiors.  After that first incident I 
was unfairly singled out and treated bad. 

ATCH 
1. Congressional Correspondence. 
2 .   DD Form 214. 

DEPARTMENT OF 'THE AIR FORCE 
'*' 

HEADpUAUTERS 347ll WIN6 (AM) 
MOODY  A11 FORCE  BASE,  6EOUClA 

20 August 1998 

MEMORANDUM FOR 0 
FROM:  69 FSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct (conduct prejudicial to good order and discipline).  The authority for this action is 
AFI 36-3208, section 5.50.2.  If my recommendation for discharge is approved, your service will 
be characterized as honorable or under honorable conditions (general).  I am recommending that 
your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are as follows: 

a 

a.  You, did, on or about 26 May 1998, without authority, absent yourself from your place of 

duty at which you were required to be, to wit:  Building 775, 69th Fighter Squadron, Weapons 
Sections, located at Moody Air Forcc Base, Georgia, and did remain so absent until on or about 
29 May  1998.  For this offense, you received nonjudicial punishment pursuant to Article 15, 
UCMJ dated 5 June 1998.  Punishment included reduction to the grade of airman basic, 
suspended until 3 December 1998, unless sooner vacated (Atch la). 

b.  On or about 17 Jun 98, without authority, you did not return to duty after taking your 

cycle ergometry test.  For this offense, you were counseled, as documented by a Letter of 
Counseling (LOC), dated 18 Jun 98 (Atch 1 b). 

c.  On or about 19 Jun 98, you were derelict in the performance of your duties in that you 
failed to complete volume 2 of your CDCs' within the allotted 30 day period.  For this offense, 
you were counseled, as documented by an LOC, dated 19 Jun 98 (Atch 1 c). 

d.  On or about 24 Jun 98, without authority, you were late reporting back to work after 

lunch.  For this offense, you were counseled, as documented by  an LOC, dated 24 Jun 98 
(Atch Id), 

e.  You, did, at or near Houston, Texas, and or Savannah, Georgia, on divers occasions 

between on or about 27 May  1998 and on or about 30 May 1998, fail to obey a lawful general 
instruction, to wit:  paragraph 25.1, Air Force Instruction 65- 104, dated 1 May 1996, by 
wrongfully using your Government American Express Travel Charge Card for purposes other 

than official government travel.  For this offense, you rece!bed  nonjudicial punishment pursuant 
to Article 15, UCMJ dated 14 Aug  1998. Punishment included reduction to the grade of airman 
basic (Atch 1 e). 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial (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 re-enlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you, 
in Bldg 5 107, on 21 Aug 98 at 
I have made an appointment for you to consul 
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0900.  Please take your copy of this Notifjcation Memorandum and the attachments with you to 
your appointment.  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 must reach me within three duty days after receipt of this 
notification letter, unless you request and receive an extension for good cause shown.  If your 
appointment with defense counsel is beyond three duty days after receipt of this letter, you 
should contact the Area Defense Counsel office at extension 7-3421 to obtain a delay 
request.  I will send any statement(s) you submit 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 the Moody Air 
Force Base Hospital, Physical Exams Section, Bldg 3296, at 0730 on 26 Aug 98 for the 
examination.  Bring contact lenses or prescription glasses if applicable.  If you have a family 
history of diabetes, do not eat food fourteen (14) hours prior to this appointment.  This is a 
rnandatorv appointment. 

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

8.  Execute the attached acknowledgment (Atch 2) and return it to me imm&iZRh. 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  AF Form 3070,5 Jun 98 (w/atchs) 
b.  LOC,  18 Jun 98 
c.  LOC, 19 Jun 98 
d.  LOC, 24 Jun 98 
e.  AF Form 3070,14  Aug 98 (w/atchs) 

2.  Receipt of Notification Memorandum