I 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

PERSONAL APPEARANCE 

X  RECORD REVIEW 

YES 

I N 0  

I 

MEMBERS SITTING 

VOTZ  OF THF BOARD 

HON 

I  GEN 

I  UOTAC 

I  OTHER 

I  DENY 

I 
I 

INDEX NUMBER 
A67.10, A49.00 

CASE NUMBER 
FD2002-0489 

I 

I 

I 

I 

I 
MHIB~T$, $UBMITTHl TO THE: BOARD 

I  ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  I  LETTER OF NO'I'IFICATION 
- 
4  BRIEF OF PERSONNEL FILE 

I 

ISSUES 
A95.00 

HEARING DATE 

I 
I 

30APR 03 r 

A W L I C W ~  

ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

i

 TAPE RECORJIING OF PERSONAL APPERlWCE IEARING 

t

lDSUE AM) WE  BOAIWS  ~EC~SI~NALRATIONAL ARE IJI$FWSSED 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 withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SIGNATURE OR RECORDER 

1  SIGNATUmOF BOARD PRESIDENF 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB  TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARGE REVIEW BOARD 
1535 COMMAND DR  EE WING  3m  FLOOR 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0489 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, 
and after a thorough review of the record, the Board was able to identify none that would justify a change of 
discharge. 

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the 
available service record.  The Board reviewed the entire record and found no evidence of impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received an 
Article 15 for willfully failing to pay his government issued credit card in the amount of $1,377.84.  In 
addition, he received a Letter of Reprimand and five Letters of Counseling for failure to perform assigned 
tasks properly, financial irresponsibility twice, failure of his End of Course Exam twice and failure to return 
DVD movies at the end of the rental period.  The DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negativdrepetitive behavior.  The Board concluded the 
disciplinary infractions were a significant departure from the conduct expected of all military members. 
The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 
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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AIC)  (HGH A1C) 

1.  MATTER UNDER REWIEW:  A p p l   rec'd  a GEN  Disch fr USAF 26 Mar 02 UP AFI 36- 
3208, para 5.49 &  5 . 2 6 . 3   (Misconduct -  Minor Disciplinary Infractions &  Failure 
to Progress in On-The-Job Training).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 23  Jun 80.  E n l m t   Age: 18 9 / 1 2 .   Disch Age: 21 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-34,  E-60,  G-50,  M-61. PAFSC: 2A333B -  Tactical Aircraft 
Maintenance Apprentice. DAS: 25 Apr 00. 

b.  Prior Sv:  (1) A F R e s   22 Apr 99 -  25  May 99  (1 month 4 days)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 May 99 for 6 yrs. Svd: 2   Yrs 10 Mos  1 Day, all AMS. 

b.  Grade Status:  A1C -  9 Jul 99 

c .   Time Lost:  None. 

d.  Art 15's:  (1) 23 Oct 01, Aviano AB,  Italy -  Article 92.  You, who 

should have known of your duties, between on or about 28 
May 01 and on or about 10 Oct 01, were derelict in the 
performance of those duties in that you willfully failed 
to pay your government issued - - - - - -   credit card in the 
amount of $1,377.84, more or less, for purchase and/or 
cash withdrawals, as it was your duty to do.  Suspended 
reduction to A m ,  suspended forfeiture of $167.00 pay, 
14 days extra duty, and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: RIC,  06 FEB 02 -  Failure to return DVD movies at the end of 

the rental period. 

LOR,  2 8   JAN 02 -  Financial irresponsibility. 
EOC, 13 DEC 01 -  Failure of End of Course Exam. 
LOC, 23 AUG 01 -  Failure of End of Course Exam. 
LOC, 18 JUL  01 -  Financial irresponsibility. 
RIC, 17 AUG 00 -  Failure to perform assigned task properly. 

f.  CM:  None. 

g.  Record of SV: 26 May 99 -  20 Jan 01  Aviano AB  5   (HAF Dir) 

21 Jan 01 -  20 Jan 02  Aviano AB  2  (Annua1)REP 

(Discharged from Columbus AFB) 

h.  Awards  &  Decs:  AFTR,  NATOM. 

i.  Stmt of  Sv:  TMS:  ( 2 )   Yrs  (11) Mos  ( 5 )   Das 
( 2 )   Yrs  (10) Mos  (1) Das 

TAMS: 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm  2 9 3 )   dtd 4 Nov  0 2 .  

(Change Discharge  to Honorable) 

NO ISSUES SUBMITTED, 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

31ST FIGHTER WING (USAFE) 

MEMORANDUM FOR  A 0 

22 February 2002 

FROM: 555 FSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force with two different 
reasons as the basis of this discharge recommendation in accordance with MI 36-3208, 
Administrative Separation of Airmen, paragraph 5.3.5.  The first reason is for failure to progress 
in on-the-job training.  The second reason is for minor disciplinary infractions. The authority for 
this action is AFPD 36-32 and AFI 36-3208, under the paragraphs of 5.26.3 and 5.49 
respectively.  If my recommendation is approved, your service will be characterized as under 
honorable conditions (general), 

2.  My reasons for this action are ,as follows: 

.,. 

a.  On 26 July 2001, you failed to earn a passing score on your end-of-course Career 

Development Course (CDC) examination. You scored 52 points,  13 points below the minimum 
passing score of 65 points; 

b.  On 13 December 2001, you again failed to earn a passing score on your end-of-course 

CDC examination. You scored 61 points, 4 points below the minimum passing score of 65 
points; and 

c.  On numerous occasions up to 6 February 2002, you failed to pay a just debt. 

Specifically, you rented two DVD movies and failed to return them at the end of the rental 
period.  The resulting amount that was due and owing on 6 ~ e b r u a r ~  2002 totaled $60.00.  For 
this offense, you received a Record of Individual Counseling (ROIC) on 6 February 2002; 

d.  On numerous occasions up to 25 January 2002, you failed to pay a just debt. 

Specifically, your club card account with the 3 1 Services Squadron was overdue to the point that 
the services squadron sent a notice of the overdue debt to this unit.  For this offense, you 
received a Letter of Reprimand (LOR) on 28 January 2002; 

e.  Between 28 May 2001 and 10 October 2001, you failed to pay a just debt as it was your 
duty to do.  Specifically, you failed to pay the amount of $1,377.84 to your government travel 
card.  For tbis offense, you received nonjudicial punishment under Article 15 of the Uniform 
Code of Military Justice on 23 October 2001 consisting of a suspended reduction to the grade of 

"Return With Honor" 

airman, suspended forfeiture of $167,00, the suspension being conditioned upon attendance of 
financial counseling, 14 days extra duty, and a reprimand; 

f.  For the 26 July 2001 CDC failure you received a Letter of Counseling (LOC) on 23 

August 2001; 

g.  On 18 July 2001, you failed to pay a just debt.  Specifically, your government travel card 
was 60 days overdue with a balance of $ 1,361.70, For this offense, you received an LOC on 18 
July 200 1 ; 

h.  On 16 August 2000, you were derelict in the performance of your duties.  Specifically, 

you failed to perform a step-by-step check on an F-16 aircraft that you were responsible for 
performing a pre-flight inspection on,. The next day a component on that aircraR was found out 
of place, an occurrence which would not have happened had you followed the specified Work 
Cards.  For this offense, you received an ROIC on 17 August 2000. 

3.  I have attached copies of the documents that will be forwarded to the separation authority. 
One primary basis for discharge will selected by the separation authority if an administrative 
discharge is found to be in the best interest of the Air Force.  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 service will be characterized.  For discharge 
under AFI 36-3208, paragraph 5.261.3, failure to progress in on-the-job training, an honorable 
discharge characterization or a general discharge characterization are the types of separation 
authorized. An administrative discharge under 36-3208, paragraph 5.49, minor disciplinary 
infractions, could result in your separation with an honorable discharge characterization or a 
general discharge characterization.  If either basis is chosen, I am recommending that you receive 
an under honorable conditions (general) discharge. If you are discharged, you will be ineligible 
for reenlistment in the Air Force.  In addition, 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.  I have made an appointment for you to consu 
at Building 224, on 22 February 2002, at I400 hours.  Y 
own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by  I7od  hours on zd, taeb  2002, 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 scheduled for two medical examinations. You must report to 31MDGlSGOAF 
(Physical Exams) on 25 February 20'02, at 1400 hours.  Your second appointment is with Flight 
Medicine at 1445 on 25 February 2002.  You will need to report 15 minutes prior to your 
appointments and pick up your medical records. 

'Return  With Honor" 

8.  Any personal information that 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 unit orderly room as well as in the Area 
Defense Counsel's ofice. 

b 

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

Date: Z I   f e E   @Z- 

Attachments: 
1.  Supporting Documentation 

a.  26 July 200 1 CDC Examination ~ e d l t s  
b.  Student History Query w/ 13 December 2001 CDC Examination Results 
c.  AF Form 623A, 4 pages 
d.  ROIC, 6 February 2002 
e.  LOR, 28 January 2002 
f.  Article 15,23 October 2002 
g*  LOC, 23 August 2001 
h.  LOC,  1 8 July 2001 
i.  ROIC, 17 August 2000 

2.  Member's Acknowledgment of Receipt of Notification Memorandum 
3.  Enlisted Performance Report 
4.  Member's Response 

'Return  With Honor"