AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

AFSN/SSAN

PERSONAL APPEARANCE

 

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ISSUES INDEX NUMBER cn EXHIBITS SUBME i eTO'FHE BOARD)

 

 

      

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

A93.11 A67.90

 

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LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

GAPR 03 FD2002-0483 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
ED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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DECISIONAL RATIONAL ¢

             

 

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: I6APR 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 FD02-0483

GENERAL: The applicant appeals for upgrade of discharge to Honorable and change the Reason and
Authority for discharge.

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 does not contest his discharge. He states that it was because of financial irresponsibility
and that he was trying to support his parents. The record indicates the applicant received an Article 15 for
forging a signature on a loan application and for writing bad checks. In addition, he received three Letters
of Reprimand for financial irresponsibility, falsifying an application by impersonating an officer to lease a
vehicle and driving with a suspended license. The Board concluded the 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
¥D2002-0483

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

Pp (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 7 Apr 99 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge and to Change the Reason and Authority for

Discharge.

 

2. BACKGROUND:

a. DOB: 13 Nov 77. Enlmt Age: 18 7/12. Disch Age: 21 4/12. Educ: HS DIPL.
AFOT: N/A. A-96, E-33, G-53, M-+20. PAFSC: 4N051 - Medical Services

Journeyman. DAS: 20 Jul 97.

b. Prior Sv: (1) AFRes 27 Jun 96 - 20 Nov 96 (4 months 25 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 21 Nov 96 for 4 yrs. Svd: 2 Yrs 4 Mos 18 Days, all AMS.

b. Grade Status: AB - 3 Dec 98 (Article 15, 3 Dec 98)
A1lC - 21 Mar 98
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 3 Dec 98, Keesler AFB, MS - Article 123. You, did, on
or about 8 Mar 98, with intent to defraud, utter a
certain writing in the following words and figures, to
wit: a loan application to Military Financial Group
bearing the purported signature of Col ------- 1a
writing which would, if genuine, apparently operate to
the legal harm of another. Article 123a. You, did, on
or about 20 Aug 98, with intent to deceive and for the
payment of a past due obligation, to wit: for the
purpose of renting a residence, wrongfully and
unlawfully make and utter to ------- a certain check for
the payment of money in the amount of $200.00, dated 20
Aug 98, drawn upon the ------- Bank, made payable to ---
---, and signed -+----- , then knowing that he, the maker
thereof, did not or would not have sufficient funds in
or credit with said bank for the payment of said check
in full upon its presentment. Further, you, did, on or
about 19 Oct 98, with intent to defraud and for the
procurement of a 1991 ------ , wrongfully and unlawfully
make and utter to ------- a certain check for the
payment of money in the amount of $1,700.00, dated 19
Oct 98, drawn upon the --------- Bank, made payable to
FD2002-0483

------ , and signed -------, then knowing that he, the
maker thereof, did not or would not have sufficient
funds in or credit with said bank for the payment of
said check in full upon its presentment. Reduction to
AB. (No appeal) (No mitigation)

e. Additional: LOR, 06 NOV 98 - Driving with suspended license.
LOR, 06 NOV 98 - Falsifying an application by impersonating
an officer to lease a vehicle.
LOR, 22 OCT 98 - Financial irresponsibility.

£. CM: None.

gq. Record of SV: 21 Nov 96 - 20 Jul 98 Keesler AFB 5 (Initial)
21 Jul 98 - 28 Jan 99 Keesler AFB 2 (HAF Dir) REF

(Discharged from Keesler AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (9) Mos (12) Das
TAMS: (2) Yrs (4) Mos (18) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 24 Oct 02.

(Change Discharge to Honorable and Change Reason and Authority for
Discharge)

Issue 1: I was discharged from the United States Air Force for financial
irresponsibility, however majority of the problem finances were that of my
parents in whom I tried to support while I was United States Air Force. Please
reconsider my discharge for review & upgrade.

ATCH
1. Enlisted Performance Report.

12Jan03/ia
Ppzcae-OY 5

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR AB igagas@igiagsaag Iain? Dy vant

‘FROM: 81 MDOS/CC
SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for Conduct Predjudicial
to Good Order and Discipline. The authority for this action is AFPD 36-32 and AFI 36-3208,
Chapter 5, Section H, Paragraph 5.50.2. If my recommendation is approved, your service will
be characterized as Honorable or General. | am recommending your service be characterized
as General.

2. My reasons for this action are:

a. On or about 21 Oct 98, you were observed driving with a suspended driver's license, for
which you received a Letter of Reprimand 28 Oct 98 and was added to your Unfavorable
Information File. (Atch 1, Appendix A w/atch)

b. On or about 19 Oct 98, you, did, at or near Keesler Air Force Base Mississippi, with intent
to defraud and for the procurement of a 1991 Ford Escort GT, wrongfully and unlawfully make
and utter to Dale’s Auto Sales a certain check for the payment of money in the amount of
$1,700.00, dated 19 Oct 1998, drawn upon the Merchants & Marine Bank of Ocean Springs,
Mississippi, made payable to Dale’s Auto Sales, and signed aaa: knowing
that you, the maker thereof, did not or would not have sufficient funds in or credit with said bank

for the said check in full upon its presentation, for which you received an Article 15, UCMJ, non-
judicial punishment on 3 Dec 98. (Atch 1, Appendix B w/atch)

c. On or about 20 Aug 98, you, did, at or near Keesler Air Force Base, Mississippi, with
intent to deceive and for the payment of a past due Oa to wit: for the purpose of renting a

residence, wrongfully and unlawfully make and utter t certain check for the
payment of money in the amount of $200.00, dated 20 Aug 9 wn upon the Merchants &
Marine Bank of Ocean Springs, Mississippi, made payable toting anc sone Ain
en knowing that you, the maker thereof, did not or would not have sufficien
funds in or credit with said bank for the payment of said check in full upon its presentation, for

which you received an under Article 15, UCMJ, non-judicial punishment on 3 Dec 98, (Atch 1,
Appendix B w/atch)

d. On or about 27 Jul 98, you falsified an application with Ford Credit to lease a 1998 Ford
Expedition by stating that you were an O-1E Nurse, for which you were given a Letter of
Reprimand on 6 Nov 98 and was added to your Unfavorable Information File. (Atch 1, Appendix
C wiatch)
FD mace OF EF

e. On or about 1 Jul 98 and15 Jul 98, you failed to make rent payments totaling $1832.50, for
which you received a Letter of Reprimand on 22 Oct 98. (Atch 1, Appendix D w/atch)

f. On or about 8 Mar 98, you, did, at or near Keesler Air Force Base, Mississippi, with intent
to defraud utter a certain writing in the following words and figures, to wit: a loan application to
Military Financial Group bearing the purported signature of eimaliiapeapeemnantain a writing
which would, if genuine, apparently operate to the legal harm of another, for which you received
an Article 15, UCMJ, non-judicial punishment on 3 Dec 98. (Atch 1, Appendix B w/atch)

,, 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 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 reenlistment
in the Air Force and any special pay, bonus, or education assistance funds may be subject to
recoupment. ,

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist

you. | have made an appointment for you to consult at Bldg 0701, Room
102, on at hours. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me by __& Fels by 1630 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 behaif, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to 81" Medical
Group, Physical Exams on _\_ Felo , 1999 at 0700 for the examination.

8. Any personal information you furnish in rebytiaks
of AFI 36-3208 is available for your use in-Bidg

 
  

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

 

Attachments:
1. Supporting Documents
a. Letter of Reprimand, dated 6 Nov 98 w/atch
b. AF Form 3070, dated 3 Dec 98 w/atch
c. Letter of Reprimand, dated 6 Nov 98 w/atch
d. Letter of Reprimand dated 22 Oct 98 w/atch
2. Airman’s receipt of Notification Memorandum