ft

‘

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
TYPE
PERSONAL APPEARANCE X RECORD REVIEW

 

 

"| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BERS SITTING HON GEN VOTHC OTHER DENY
XxX
|
xX
Xx
| x
vy . i e nye —
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A93.01 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
19 FEB 03 FD2002-0473 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.

 

SIGNATURE OF RECORDER | SIGNATURE OF BOARD PRESIDENT

   

 

 

DATE: 19 FEB-03

 

 

   

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, 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 FD02-0473

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the reason and
Authority, and to change the RE Code.

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.

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

ISSUE: The applicant does not contest the discharge; he just wants his discharge upgraded in order to join
the Air National Guard. The record indicates the applicant received an Article 15 for dishonorably failing
to pay a just debt. In addition, he received a Verbal Reprimand, three Letter’s of Counseling, and a Letter
of Reprimand for disobeying a direct order, being late for work, failure to perform maintenance on an
aircraft, financial irresponsibility and failure to file a travel voucher and making a false official statement.
The Board concluded the discharge was appropriate for the reasons that were the basis for this case. No
inequity or impropriety in his discharge was suggested or found in the course of the records review. His
misconduct was a significant departure from conduct expected of al] military members. The Board
concluded that the character and reason for discharge were appropriate due to his 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 of discharge or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2002-0473
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 6 Sep 96 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).

Appeals for Honorable Discharge, and Change the Reentry Code, Reason and
Authority.

2. BACKGROUND:

a. DOB: 3 Jul 72. Enlmt Age: 17 10/12. Disch Age: 24 2/12. Educ: HS DIPL.
AFQT: N/A. A-30, E-53, G-32, M-89. PAFSC: 2A651B - Aerospace Propulsion
Journeyman. DAS: 10 Aug 93.

b. Prior Sv: (1) AFRes 30 May 90 - 5 Feb 91 (8 Mos 7 Days) (Inactive).

(2) Enld as AB 6 Feb 91 for 4 yrs. Svd: 3 Yrs 2 Mos 15 Das,
all AMS. AMN: Unknown. AIC - 6 Jun 92. SRA - 6 Feb 94. EPRs: 4,4.

3. SERVICE UNDER REVIEW:

a. Reenild as SRA 22 Apr 94 for 4 yrs. Svd: 2 Yrs 4 Mos 15 Das, all AMS.
b. Grade Status: Al1C - 9 Aug 96 (Article 15, 9 Aug 96)
c. Time Lost: None.

d. Art 15’s: (1) 9 Aug 96, Little Rock AFB, AR - Article 134. You,
being indebted to ------~--- in the sum of $1350.00 fora
1979 Chevrolet pick-up truck, which amount became due
and payable on or about 15 Jun 96, did, from 15 Jun 96,
to 25 Jul 96, dishonorably fail to pay said debt.
Reduction to A1l1C. (Appeal denied) (No mitigation)

e. Additional: LOR, 24 MAY 96 - Failure to file a travel voucher and
making a false official statement.
LOC, 24 MAY 96 - Financial irresponsibility.
RIC, 08 APR 96 - Failure to perform maintenance on an
aircraft.
VERBAL REPRIMAND, 25 APR 96 - Disobeyed a direct order.
RIC, 07 SEP 95 ~ Late for work.

f. CM: None.

g. Record of SV: 12 Jun 93 - 11 Jun 94 Little Rock AFB 4 (Annual)
12 Jun 94 ~ 11 Jun 95 Little Rock AFB 5 (Annual)
12 Jun 95 - 11 Jun 96 Little Rock AFB 3 (Annual)
FD2002-0473

(Discharged from Little Rock AFB)
h. Awards & Decs: AFAM W/1DEV, AFLSA, AFTR, NDSM, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (6) Yrs (3) Mos (8) Das
TAMS: (5) Yrs (7) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 28 Oct 02.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

Issue: [I --~-+---- am writing this in hopes that you (The Board) will
upgrade my discharge to Honorable. I have since leaving the Air Force
straightened my financial situation out. I have kept a clean record. The
reason I am writing this is because I have talked to MSgt ----- in the 189"
Airlift Recruiting office about joining the Arkansas Air National Guard. I have
all the qualifications and requirements met to be full time Air National Guard.

MSgt ----~--- told me tht I needed an Honorable discharge to join the Air
National Guard. He reviewed my records and training records from being active
duty Air Force. He was very pleased with them. MSgt ------ and TSgt ~-----

along with my self (sic) think I would be a great asset to the 189°" Airlift
Wing. I am wanting to serve in the United States military, with the Arkansas
Air National Guard, engine and prop mechanic. I have approximately six years
experience on the flight line and some back shop training. I am hoping you (The
Board) will review this and upgrade my discharge to Honorable so I can join the
Arkansas Air National Guard. Thank you.

ATCH
None.

SFebo3/cr
—_ oe

, ae)
| a, ~O
DEPARTMENT OF THE AIR FORCE ~~ 20? 0774

HEADQUARTERS 314TH AIRLIFT WING (AGC)
LITTLE ROCK AIR FORGE BASE, ARKANSAS

 

28 AUG 1996
wd.

   

MEMORANDUM FOR Sanaa
50TH AIRLIFT SQUADRON

 

FROM: 50 AS/CC
SUBJECT: Notification Memorandum

1. Iam 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
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your
service will be characterized as honorable or general under honorable conditions. I am
recommending that your service be characterized as general under honorable conditions.

2. My reasons for this action are:

a. On or about 15 June 1996 and on or about 25 July 1996, being indebted to another
military member in the sum of $1350.00 you dishonorably failed to make payment. You
received an Article 15 for your actions. (Atch 1-1)

b. On or about 24 May 1996, it was discovered that on or about 12 September 1995 you took
a $4,200.00 travel advance for a 90 day TDY to Ramstein AB. You never went on this TDY and
consequently did not file a travel voucher. You made a false official statement to the First
Sergeant regarding filing the voucher. You received a Letter of Reprimand for making a false
official statement and not filing the voucher, which was placed in your Unfavorable Information

File (UIF). (Atch 1-2)

d. On or about 22 May 1996, you were 3 months behind in your rent, a total indebtedness of
_approximately $1050.00. You received a Letter of Counseling for your actions, which was

placed in your UIF. (Atch 1-3)

e. On or about 8 April 1996, you failed to perform required maintenance on aircraft
93-1040, causing this aircraft to miss its required takeoff time. You received a Letter of
Counseling for your actions. (Atch 1-4)

f. On or about 14 March 1996, while TDY to Sembach Air Base, Germany, you disobeyed
a direct order (Article 92, UCMJ) by returning to the Sembach Enlisted Club after you were
ordered not to. You received a Verbal Reprimand for your actions. (Atch 1-5)

Hobal Power for Amertea
“FP 2003-0472

g. On or about 7 September 1995, you were derelict in the performance of your duties. You
were directed to report to work at 1100 and you reported more than 2 hours late. You received a
Letter of Counseling for your actions. (Atch 1-6)

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 higher authority
will decide whether you will be discharged or retained in the Air Force and if discharged, how
your 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.
I have made an appointment for you to - ons lianas se: Defense Counsel,
Bldg 1255, Rm 201, Telephone 3260 on 30 August 1996 at 0800 hours. You may consult —
civilian counsel at your own expense.

s

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 3 workdays unless you request and receive an
extension for good cause shown. I 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 schedul ra medical examination, You must report to Little Rock AFB
Hospital at 0730 hours o 1996 for the examination.

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:

1-1 Art 15, 23 Aug 96

1-2 LOR, 24 May 96

1-3 LOC, 24 May 96

1-4 LOC, 8 Apr 96

1-5 Verbal Reprimand, 25 Apr 96
1-6 LOC, 7 Sep 95