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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 
   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
TYPE
° PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL "1 NAME OF COUNSE!. AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
” “VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER “| DENY
X
xX
x
r ans ies tT
X
X
ISSUES INDEX NUMBER EXHIBITS SUBMITTED-TO THE BOARD
A93,01 A67.10 1 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
—
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
II Apr 03 ¥D2002-0448 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.

 

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.

 

 

 

 

 

 

 

 

 

 

SIGNZAURE OF RECORDEY f) rv Nn A SIGNATURE OF BOARD PRESIDENT
TNDORSEMENT DATE: 11 APR 03

TO: FROM:

SAF/MIBR SECRETARY OF 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, 38° 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 FD2002-0448

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 the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

Issue. Applicant contends that he should not be penalized indefinitely for a mistake he made when young.
The DRB recognized the applicant was 22 years of age when the discharge took place. However, there 1s
no evidence he was immature or did not know night from wrong. The applicant received three Article 15s,
two Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and two Records of
Individual Counseling for financial irresponsibility, failure to obey, failure to go, and traffic, parking and
speeding violations. The Board opined the applicant was older than the vast majority of first-term
members who properly adhere to the Air Force’s standards of conduct. The DRB concluded that the
characterization of the applicant’s discharge was appropriate due to the misconduct.

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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0448

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

_yperre (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 11 Dec 95 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 16 Jun 73. Enlmt Age: 18 11/12. Disch Age: 22 5/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-77, G-68, M-88. PAFSC: 27231 - Air Transportation
Apprentice. DAS: 12 Feb 93.

b, Prior Sv: (1) AFRes 1 Jun 92 - 19 Oct 92 (4 Mos 19 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 20 Oct 92 for 4 yrs. Svd: 3 Yrs 1 Mo 22 Days, all AMS.

b. Grade Status: AMN - 25 JUL 95 (Article 15, Vacation, 8 Nov 95)
Aic - 20 FEB 94
AMN - 20 APR 93

c. Time Lost: None.

d. Art 15's: (1) 8 Nov 95, Vacation, Travis AFB, CA - Article 134. You,
being indebted to -------- in the sum of $195.66 for
charges, which amount became due and payable on or about
1 Sep 95, did, from on or about 1 Sep 95, to on or about
1 Nov 95, dishonorably fail to pay said debt. Reduction
to Amn. (No appeal) (No mitigation)

(2) 25 Aug 95, Vacation, Travis AFB, CA - Article 86. You,
did, on or about 14 Aug 95, without authority, go from
your appointed place of duty. Forfeiture of $75.00 pay
per month for 2 months. (No appeal) (No mitigation)

(3) 25 Jul 95, Travis AFB, CA - Article 92. You did, on or
about 12 Jul 95, fail to obey a lawful general
regulation, to wit: 60™ Airlift Wing Supplement 1, Air
Force Regulation 125-14, dated 17 Aug 93, by driving
your vehicle on base without a valid driver's license
and the proper vehicle insurance. Suspended reduction
to Amn. Suspended forfeiture of $75.00 pay per month
for 2 months. Thirty days extra duty. (No appeal) (No
mitigation)

e. Additional: MFR, 04 Nov 95 - Financial irresponsibility.
FD2002-0448

Loc, 06 FEB 95 - Financial irresponsibility.

RIC, 19 Sep 94 - Violation of uniform standards.
LOR, 27 JUN 94 - Traffic violations and financial
irresponsbility.

Traffic Ticket, 19 Nov 93 ~ Parking violation.
RIC, 23 SEP 93 ~ Financial irresponsibility.
LOA, 22 APR 93 - Speeding on base.

LOR, 02 Mar 93 - Failure to go.

f. CM: None.

g. Record of SV: 20 Oct 92 - 19 Jun 94 Travis AFB 3 (Initial)
20 Jun 94 - 21 Nov 94 Travis AFB 3 (CRO)
22 Nov 94 - 03 May 95 Travis AFB 4 (CRO)

(Discharged from Travis AFB)
h. Awards & Decs: AFTR, NDSM, AFOUA,.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (11) Das
TAMS: (3) Yrs (1) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 10 Oct 02.
(Change Discharge to Honorable)

Issue 1: The reason for my discharge was for financial misconduct. I do
not dispute that. I was young and did not properly manage my money. I lost
rank and pay because of it. I'm older and wiser now. I have a family to
support now and I work two jobs 75 hours a week. I want to go to school to
pursue a carrear (sic) in Law Enforcement. In order to do this I need the GI
Bill. I feel that loosing (sic) rank and pay was punishment enough for bouncing
a few checks. Please don't make my family pay for a young Airmans (sic)
mistakes. I have pourpose (sic) now and Im (sic) on the right track. Please
help me to become successfull (sic). I need an honorable discharge to attend

school and advance myself. Please help me. Thank you for your time.

ATCH
None.

24JAN03/ia
F02c07 - of AP

DEPARTMENT OF THE AIR FORCE
60TH AERIAL PORT SQUADRON (AMC)

 

24 NOV 1995

MEMORANDUM FOR ¢aggiisigaagna aR

FROM: 60 APS/CC .
90 Ragsdale Road
Travis AFB CA 94535-2941

SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for Misconduct: Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If
my recommendation is approved, your service will be characterized as honorable, general or under other
than honorable conditions. | am recommending that your service be characterized as general.

2. My. reasons for this action are:

a, On or about 16 Apr 93, you were driving on base at an excessive speed of 41 mph in a 25 mph
speed limit zone as evidenced by a DD Form 1408 (Armed Forces Traffic Ticket), for which you received

a letter of admonishment (LOA) dated 22 Apr 93.

b. On or about 23 Sep 93, your supervisor was notified that you were delinquent in your AAFES DPP
account payments, resulting in a Record of Individual Counseling (RIC) on that same date.

c. On or about 14 Jun 94, at Travis AFB, California, you were cited for failing to stop for a flashing
red light, driving with an expired driver's license, and expired vehicle registration as evidenced by a DD

Form 1408, resulting in a letter of reprimand (LOR) dated 27 Jun 94.

d. It was disclosed that your AMEX government-issued charges of $495.66 over the past 6 months
was over 120 days past due, for which you received a letter of counseling (LOC) on 6 Feb 95.

e. On or about 12 Jul 95, you failed to obey a lawful general regulation by driving your vehicle on
base without a valid driver's license and proper vehicle insurance. For this, you received an Article 15
dated 25 Jul 95 with establishment of an unfavorable information file (VIF). Punishment consisted of a
suspended reduction to the grade of airman and 30 days extra duty. Forfeiture of $75.00 pay per month

for 2 months, suspended.

f. On or about 14 Aug 95, without authority, you went from your appointed place of duty, for which
nonjudicial punishment of a suspended forfeiture of $75.00 pay per month for 2 months was vacated on

1 Sep 95 (placed in UIF).

g. From on or about 1 Sep 95 to 1 Nov 95, you dishonorably failed to pay your AMEX charge card
indebtedness of $195.66, for which nonjudicial punishment of a suspended reduction to the grade of

airman was vacated on 14 Nov 95.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising 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
FDROOZ-O SD

>" 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. | have

made an appointment for you to consul »Area Defense Counsel (424-
4569/2065), Bidg. 163, Travis AFB, on at_// 6% hours. You may consult
civilian counsel at your own expense,

5. You have the right to submit statements in your own behalf. Any statements you want the separation

authority to, consider must reach me by (three workdays from service of this letter)
ONO 75— _ ho later than [4 O© _ hours unless you request and receive an
extension for good cause shown. | will send them to the separation authority.

6. 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.

7. You have been scheduled for a physical examination at the Physical Exams Section, DGMC, on
97 Wo 45" , at 0800 hours.

.

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. :

9. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:
1. LOA, 22 Apr 93 w/1 Atch

2. RIC, 23 Sep 93 w/1 Atch

. LOR, 27 Jun 95 w/t Atch

. LOC, 6 Feb 95

Article 15/UIF, 25 Jul 95 w/6 Atchs
Vacation Action/UIF, 1 Sep 95 w/2 Atchs
Vacation Action, 14 Nov 95 w/3 Atchs
Other Derogatory Data: -

a. LOR, 2 Mar 93

a. DD 1408, 17 Nov 93

b. AAFES DPP Ltr, 24 May 94

c. AAFES DPP Ltr, undated

d. 60 APS/CCQ Ltr, 6 Feb 95

e. RIC, 19 Sep 94 ,

ONDARY