AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
[ere AMN | @@iggeaseeer

TYPE

GEN PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

YES

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY

    
   
 

 

 

 

 

   

ISSUES INDEX NUMBER

     
  
   
           
   
   
         
    
       

   

A92.21, A94.05, A93.01 A67.00 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

6 JUN 03 FD2002-0457

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

| TAPE RECORDING OF PERSONAL APPERANCE HEARING

rk

 

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 Ri

  

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

 

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.

 

AFHQ FORM 0-2077, JAN 60
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

The attached brief contains 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 that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, discreditable involvement with military or civil
authorities. He had an Article 15 for damaging government property, three Letters of Counseling for
writing multiple bad checks to the base exchange, and was apprehended for assaulting another military
member. According to the legal review, the only discharge document currently in the file, the commander
elected to process member for an immediate discharge as a result of the assault, rather than give him
another Article 15. The legal review also indicated that member consulted counsel and submitted a
statement in his own behalf at the time of the discharge. Member had one Airman Performance Report
rated an overall “7.” Member’s discharge file and medical records were unavailable to the Board for
review, therefore the Board was unable to determine the facts and circumstances of the incidents of

misconduct, or to ascertain if there was other misconduct on member’s part, or additional bases for the
discharge. Lacking documented evidence from the applicant to the contrary, the Board relies on the

presumption of regularity and finds the discharge proper and without basis for an upgrade. No inequity or
impropriety could be found in this discharge in the course of the records review.

If the applicant can provide additional specific documented information about his discharge, and
documented evidence to substantiate an issue, he should consider exercising his right to a personal

appearance hearing, and be prepared to present the Board with evidence of an inequity or impropriety, as
well as any exemplary post-service accomplishments and contributions to the community.

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
FD2002-0457
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aia. (Former AMN) (HGH AMN)

na MISSING MILITARY PERSONNEL RECORDS AND
MEDICAL RECORDS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 19 May 88 UP AFR 39-10,

para 5~47a (Misconduct - Discreditable Involvement with Military or Civil

Authorities). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 16 Mar 68. Enlmt Age: 19 1/12. Disch Age: 20 2/12. Educ: HS DIPL.
AFQT: N/A. A-46, E-55, G-41, M-38. PAFSC: 64530 - Apprentice Inventory
Management Specialist. DAS: 28 Aug 87.

b. Prior Sv: None.

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 4 May 87 for 4 yrs. Svd: 1 Yr 0 Mos 16 Das, all AMS.
b. Grade Status: AMN - 4 Nov 87

c. Time Lost: None.

d. Art 15’s: (1) (Examiner's Note: Article 15 information is extracted
from the Legal Review. AF Form 3070 is missing from
file; therefore, punishment administered is not
available)

4 Dec 87, Bergstrom AFB, TX - On or about 10 Nov 87,
Amn -----+ damaged, on the first floor of building 2101,
the wall behind a candy vending machine and he also
stole candy from the same machine. (No appeal) (No
mitigation)

e. Additional: (EXAMINER'S NOTE: The following additional infractions are
extracted from the Legal Review)

DD 1569(MISSING), 15 APR 88 - Apprehended for assault.
LOC, 14 MAR 88 - Financial irresponsibility.
Loc, 03 MAR 88 - Financial irresponsibility.
LOC, 19 FEB 88 - Financial irresponsibility.

£. CM: None.

g. Record of SV: 4 May 87 - 1 Mar 88 Bergstrom AFB 7 (Initial)

(Discharged from Bergstrom AFB)
FD2002-0457

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (0) Mos (16) Das
TAMS: (1) Yr (0) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 May 02.
(Change Discharge to Honorable)

Issue 1: I am currently a GS-12 employed by the US Army as the Network LAR
and am scheduled to deploy in support of the current conflict. I am proud to
serve my country now, just as I was proud serve my country then as a member of
the United States Air Force.

Nevertheless, I do regret some of the choices and decisions that I made during
my tenure with the Air Force. I would, however, like to say that these
incidents occurred after a very critical time in my life, and was not a direct
reflection of my dedication to the service of my country. And if I had to go in
the Air Force once again to serve my country, I would proudly rise to the
challenge.

Since then, I've gotten a little older, a little wiser and made some different
choices and decisions concerning my life. Currently, I am the husband to my
wife of eleven years and the proud father of four children.

Please understand that this is not an attempt to make excuses for what took
place back then. I take full responsibility for my actions, but I believe the
punishment given was more severe than the crime committed; thus the reason for
this appeal. Thank you for your time and consideration.

ATCH

1. Letter to SAF/MRBR, 31 Jan 03.

2. SAF/MRBR Letter to Applicant, 8 Jan 03.
3. DD Form 214.

19FEB03/ia
DEPARTMENT OF THE AIR FORCE

HEADQUARTEAS 67TH COMBAT SUPPOAT GROUP (TAC)
AEAGSTROM AIR FORCE BASE TX: 7674)-5000

 

REPLY TO JA/3781 .

ATTH OF

 

~ suoseer AFR 39-10 Administrative Discharge, Maer
Bergstrom AFB, Texas : -

ro. 67 CSG/CC

1. BASIS FOR. THE. ACTION: <—@AMGMi@W@Oti@lempes, Squadron Section Commander, 67

SUPS, Bergstrom Air Force Base, Texas, has recommended thatan_aiigilliiiiiin
(Respondent) be Separated from the Air Force pursuant to AFR 39-10, Section H,
~para 5-47a, for Misconduct--Discreditable Involvement With Miitary or Civil
Authorities. He haS recommended that @QURAMMiNe receive a General Discharge
without suspension for probation and rehabilitation.

Ze SUMMARY OF EVIDENCE FOR THE GOVERNMENT:

a. On or about.10 November 1987, fatibkididtie, damaged, on the first floor of
Building 2101, the wall behind a candy vending machine. and he also stole candy
from the same machine. For this he received a Non-Judical Punishment on 4
December 1987, as evidenced by AF Form 3070.

b. On, about, or between 6, 21, and 22 January 1988, sipiiiiidlljiiliage wr ot e
checks to Bergstrom AFB Exchange which were dishonored for insufficient funds as
evidenced by AAFES Form 7200-75(M) dated 18 February 1988. For this he received
a Letter of Counselling dated 19 February 1988.

¢. On 3-March 1988,