AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

T vp
UOTHC X PERSONAL APPEARANCE

} NAME OF COUNSEL AND OR ORGANIZATION

  

 

ISSUES
A94,06, A01.39, A01.43

 

   

INDEX NUMBER

A 64.00

GRADE AFSN/SSAN

AB

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

   

 

 

APPLICATION FOR REVIEW OF DISCHARGE

   
  
  
    
 
 
   

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
  

HEARING DATE CASE NUMBER

050603 FD2002-0486

   

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the Board's decision.

 

SIGNATURE OF BOARD PRESIDENT

 

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

Previous edition will be used.

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD2002-0486

GENERAL: The applicant appeals for an upgrade of his Under Other Than Honorable Conditions

discharge to general. The applicant appeared and testified before the Board without counsel, at Andrews
AFB, MD, on May 6, 2003.

The attached brief contains the available pertinent data on the applicant, the factors leading to the discharge,
and the issues he submitted for review.

FINDINGS: The applicant’s request to change the characterization of his discharge to general is granted.

Issue: The applicant contends that his overall service record is more deserving of a general discharge rather
than the Under Other Than Honorable Conditions discharge he received. The applicant’s record contains
numerous counselings and a reprimand for operating his car at excessive speeds. He was apprehended by
civilian authorities for driving 95 miles per hour and cited for reckless driving. He was later convicted of
that offense and directed to attend a court-ordered traffic school. When he failed to attend the school, local
authorities incarcerated him for 21 days. Base authorities apprehended the applicant on two occasions for
traveling at excessive speeds on base. These infractions led to additional adverse action and the loss of his
base driving privileges. Despite receiving an order not to drive on base, base police apprehended the
applicant driving his car on base. For this, he received nonjudicial punishment. Other misconduct in the
file included evidence the respondent failed to meet his financial obligations. He wrote a worthless check,
had his car repossessed, and fell behind in his Delayed Payment Program account with the Base Exchange.
Lastly, the respondent received a second Article 15 for removing stereo equipment he had installed from the
car which had been repossessed. The respondent removed the stereo equipment at night and without
permission. While not condoning his misconduct, the Board also noted the counselings he received were
typical of the type received by first-term airmen. The Board noted the applicant believed he was reclaiming
his own property from the repossessed car and he re-installed the original radio. In the Board’s view, these
facts mitigated what they would otherwise have considered to be a very serious offense. Finally, the Board
observed the respondent supplied three character references from senior noncommissioned officers which
praised the respondent’s service. After a thorough and complete consideration of the information provided
by the applicant, the applicant’s compelling testimony, and the information contained in the record, the
DRB concluded there were sufficient extenuating and mitigating circumstances to substantiate an upgrade
to the applicant’s discharge to general. The Board does not believe his record justifies a further upgrade to

his service.

None of the applicant’s remaining issues will be addressed as their resolution in the applicant’s favor would
not result in greater relief than is being afforded by the Board.

The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The Board concludes the respondent’s discharge characterization should be upgraded
from Under Other Than Honorable Conditions to general.

Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD
FD2002-00486A

(Former AB) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Dish fr USAF 24 Mar 99 UP
AFI 36-3208, para 5.50.1 (Misconduct - Discreditable Involvement with
Military or Civil Authorities). Appeals for General Discharge.

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 18 Jul 00.

b. The AFDRB reviewed case on 6 Sep 00 (non-appearance w/o
counsel) & concluded applicant’s discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 27 Oct 02.
(Change Discharge to General)

NO ISSUES SUBMITTED.

Atch

None.

13FEB03/ai
Pw 2002~ 3 FE

FD-00-00261
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 99/03/24 UP AFI 36-
3208, para 5.50.1 (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for General Disch.

2. BACKGROUND:

a. DOB: 78/04/04. Enlmt Age: 18 0/12. Disch Age: 20 11/12. Educ:HS DIPL.
AFOT: N/A. A-83, E-77, G-68, M-63. PAFSC: 2A753 - Structural Maintenance.
DAS: 97/01/01.

b. Prior Sv: AFRes 96/04/19 - 96/07/01 (2 months) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 96/07/02 for 4 yrs. Svd: 2 Yrs 8 Mo 23 Das, of which AMS is
2 yrs 8 mos 2 das (excludes 21 days lost time).

b. Grade Status: AB - 98/12/30 (Article 15, 98/12/30)
A1C - 97/11/02
AMN - 97/01/02

c. Time Lost: 97/09/30 through 97/10/21 (21 days).

dad. Art 15’s: (1) 99/01/22, Hurlburt Field, FPL - Article 92. You, having
knowledge of a lawful order issued by Col ------- , to
refrain from driving a vehicle on Hurlburt Field,
Florida and all other military installations for a
two-year period, an order which it was your duty to
obey, did, o/a 28 Dec 98, fail to obey the same by
wrongfully driving a vehicle while on Hurlburt Field,
Florida, Forfeiture of $250.00 pay per month for 2
months, and 45 days extra duty. (No appeal)
(No mitigation)

(2) 98/12/30, Eglin AFB, FL - Article 121. You did, o/a
28 Oct 98, steal a ---~+-- compact disc player and
receiver, one ------- power amplifier, two ---~-----
bridgeable amplifiers, two ------- speakers, of a value
of about $1,600.00, the property of the ~------- Credit
Union. Rdn to AB, 14 days restriction, and 30 days
extra duty. (No appeal) (No mitigation)

e. Additional: LOC, 07 MAR 97 - Speeding ticket.
Loc, O07 MAR 97 - Bad check.
LOC, 28 APR 97 - Speeding ticket.
Fp 2002- OYF 86

FDO0-00261

LOR, 04 NOV 97 - Civilian charge of contempt of court.
LOR, 01 SEP 98 - Driving with a suspended license.

£. CM: none,

g. Record of SV: 96/07/02 98/03/23 Hurlburt Field 2 (Initial)
(Discharged from Hurlburt Field)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrse (10) Mos (15) Das
TAMS: (2) Yrs (8) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/06/12.
(Change Discharge to General)

NO ISSUES SUBMITTED.

ATCH
none.

00/07/18/ia
Ep ZOOZ ~IF3S ©

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 16th SPECIAL OPERATIONS WING (AFSOC)

 

MEMORANDUM FOR AB! = sis RSS LG EMSS
FROM: 16 EMS/CC
SUBJECT: Notification Letter - Board Hearing

1. Iam recommending your discharge from the United States Air Force for Misconduct, more
specifically for Discreditable Involvement with Military or Civilian Authorities, according to
AFPD 36-32 and AFI 36-3208, under the provisions of section H, paragraph 5.50.1. Copies of
the documents to be forwarded to the separation authority to support this recommendation are
attached.

2. My reasons for this action are based on the following:

a. On 6 Mar 97, you received a speeding ticket off base for driving 95 M.P.H., for which you
_ received a Letter of Counseling (LOC), dated 7 Mar 97.

b. On 7 Mar 97, you made and uttered a check to the 16 EMS squadron, and did fail to
maintain sufficient funds to cover the said check, for which you received a Letter of Counseling
(LOC), dated 7 Mar 97.

c. On 19 Apr 97, you received a speeding ticket on base for driving 40 M.P.H. in a 25 M.P.H.
zone, for which you received a Letter of Counseling (LOC), dated 28 Apr 97.

d. On 30 Sep 97, you were charged by the Okaloosa County Courts for contempt of court by
failing to complete a driving class as directed, for which you received a Letter of Reprimand
(LOR), dated 4 Nov 97.

e. On 15 Aug 98, you were arrested, detained and cited for driving on a suspended license and
driving 60 M.P.H. in a 35 M.P.H. zone by the Hurlburt Field Security Police, for which you
received a Letter of Reprimand (LOR), dated 1 Sep 98, and the establishment of an Unfavorable*

Information File (UIF).

f. On 28 Oct 98, you stole a Kenwood compact disc player and receiver, one Kenwood power
amplifier, two Prestige bridgeable amplifiers, and two Pioneer speakers, all of a value of about
$1,600.00, the property of the Eglin Federal Credit Union, for which you received an Article 15,
dated 4 Jan 99.

__._ 8. On 28 Dec 98, you failed to obey a lawful order issued to you by Colonel |
beeen , for which you received an Article 15, dated 22 Jan 99.

Any Time... Any Place
Fp2082- OLS5G

3. This action could result in your separation with an Under Other Than Honorable Conditions
(UOTHC) discharge. I am recommending that you receive an UOTHC discharge. The
commander exercising SPCM jurisdiction or a higher authority will make the final decision in this
matter. If you are discharged, you will be ineligible for reenlistment in any component of the
armed forces.

4. You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.
d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

e. Waive the above rights. You must consult legal counsel before making a decision to waive
any of your own rights.

5. You have been scheduled for a medical examination. You must report to the Hurlburt Clinic,
atQSZO hours on3 Fee, 29 _ for the examination.

 

6. Military legal counsel, Captain Sumner, Area Defense Counsel, Hurlburt Field, FL, 884-
5216/5217, has been obtained to assist ou, An appointment has been scheduled for you to
consult néf’on Z2fe2> at Win fours, Hurlburt Field, FL, Building 90042. In
addition to military counsel, you have the right to employ civilian counsel. The Air Force does
not pay expenses incident to the employment of civilian counsel. Civilian counsel, if employed,
must be readily available.

 

7. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy. Act Statement of
1974. A copy of AFI 36-3208 will be provided upon your request.

9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.
FD2202- OME

 

are Serene Sepaeees

Commander

Attachments:

Supporting documents--for the reason for discharge
AF Form 174, dtd 7 Mar 97

AF Form 174, dtd 7 Mar 97

AF Form 174, dtd 28 Apr 97

LOR, dtd 4 Nov 97

LOR, dtd 1 Sep 98

AF Form 1058, dtd 9 Sep 98

AF Form 1137, not dtd

AF Form 3545 w/atchs, dtd 15 Aug 98 (4 pgs)
. AF Form 3070, dtd 4 Jan 99

10. AF Form 3070, dtd 22 Jan 99

11. Receipt of Airman’s acknowledgment

OHI AARYWN—