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PERSONAL APPEARANCE

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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REMARKS

Case heard at Washington, D.C,

submit an application to the AFBCMR.

SIGNATURE OF RECORDES “Mimics: Maas lesaal

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

 

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

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ISSUES INDEX NUMBER : TOMHE BDA.
A94,53, A92.21 A67.50 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
6 AUGUST 03 FD2002-0498

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to

ie] SIGNATURE OF BOARD PRESIDENT

    

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1335 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
‘ial

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yp2902-0498

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change his reenlistment code.

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, change of reason and authority for the discharge, and change of
reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for a pattern of misconduct. He had one Record of Individual
Counseling, two Letters of Counseling, and four Letters of Reprimand (LOR). His misconduct occurred
over a 25-month period and included two incidents of failure to go, dereliction of duty by playing cards on
duty, a dress and appearance violation, and eight incidents of financial irresponsibility (which were
documented together in three of the LORs). Member’s medical records disclosed he was enrolled in a
Substance Abuse Reorientation Seminar after an incident of being drunk and disorderly at the NCO Club,
as well as one-time pre-service marijuana use and a pre-service arrest for public intoxication. At the time of
the discharge, member consulted counsel and submitted statements in his own behalf requesting the basis
for discharge be changed, and that he be given an honorable discharge. The Board noted that member was
age 21 to 23 when his offenses occurred, the same age as other airmen who adhere to standards. He was
counseled repeatedly in an effort to help him correct his deficiencies and had several opportunities to
improve his behavior. In spite of those rehabilitative efforts, he was unwilling or unable to improve his
behavior. The Board concluded applicant knew right from wrong and was responsible for his actions, and
therefore was held accountable for them. No inequity or impropriety was found in this discharge in the
course of the records review.

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
FD2002-0498
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Dec 94 UP AFI 36-
3208, para 5.50 (Misconduct ~ A Pattern of Misconduct). Appeals for Honorable
Discharge, and Change to Reentry Code, Reagon and Authority.

2. BACKGROUND:

a. DOB: 9 Jul 71. Enilmt Age: 19 5/12. Disch Age: 23 5/12. Educ: HS DIPL.
AFQT: N/A. A-85, E-76, G-70, M-82. PAFSC: 3C231 - Communications - Computer
Systems Control Apprentice. DAS: 26 Apr 92.

b. Prior Sv: (1) AFRes 11 Dec 90 - 19 Sep 91 (9 Mos 9 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enid as AB 20 Sep 91 for 4 yrs. Svd: 3 Yrs 3 Mos 3 Das, all AMS.

b. Grade Status: AIC - 21 MAR 93
AMN - Unknown

c. Time Lost: None.
‘d. Art 15’s: None.

e. Additional: LOR, 22 NOV 94 - Financial irresponsibility.
LOR, 23 AUG 94 - Pinancial irresponsibility.
Loc, 29 JUL 94 - Violation of dress and personal appearance
standards. .

LOR, UNDATED - Financial irresponsibility.

LOR, 19 APR 93 - Failure to go.

Loc, 07 APR 93 - Failure to go.

RIC, 08 OCT 92 - Playing cards while on duty.

f. CM: None.

g. Record of SV: 20 Sep 91 - 29 Jul 93 Ramstein AB 3 (Initial)
30 Jul 93 - 29 Jul 94 Ramstein AB 4 (Annual)

(Discharged from Lackland AFB)

h. Awards & Decs: AFTR, NDSM, AFGCM, AFOLTR, JMSM.

i. Stmt of Sv: TMS: (4) Yrs (0) Mos (12) Das
TAMS: (3) Yrs (3) Mos (3) Das
FD2002-0498

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 Nov 02.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

Issue: JI am requesting my discharge be upgraded to Honorable. In addition,
I am requesting consideration of having my Reentry Code & Separation Code be
changed to allow me to re-enlist (sic) to serve my country. I am a volunteer
firefighter as well & have many skills to offer.

ATCH

DD Form 149.

. DD Form 214.

. Two Letters of References.

. Applicant's Letter of Explanation.
Record of Counseling/Reprimands.

. Discharge Documents.

Evaluation Reports.

Ou BWM

19Feb03/ecr
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DEPARTMENT OF THE Ai’ } Fou se
UNITED STATES AIR FORCES IN ROPE ZLOMWDAY = 26 DEC IY

MEMORANDUM FOR Al1C &

 

FROM: 786 CS/CC

SUBJECT: Notification Letter

te I am recommending your discharge from the United States Air Force for
a pattern of misconduct. The authority for this action is AFPD 36-32 and AFT
36-3208, paragraph 5.50. If my recommendation is approved, your service will
be characterized as honorable or general. JI am recommending that your service

be characterized as general.
My reasons for this discharge action are as follows:

1. On 27 Oct 94, you were 5 months late paying your German electric bill
and you were delinquent on a $1288 loan with Omni Financial Corp.
Furthermore, you failed to make an agreed upon payment of $50 to your
baby~-sitter. Lastly, you failed to properly cancel your furniture order with
Shetty-Mobel Furniture Co. For these acts of misconduct you received a Letter
of Reprimand, dated 22 Nov 94.

2. On 1 Aug 94, you were 2 months overdue on your AAFES DPP account.
For this act of misconduct you received a Letter of Reprimand, dated 23 Aug
94.

3. On 26 Jul 94, you violated AFR 35-10 by being outside without your
uniform shirt or hat on, For this act of misconduct you received a Letter of
Counseling, dated 29 Jul 94.

4. On 7 Sep 93, you owed $390 to the American Video Center for a missing
tape and late fees. On 16 Sep 93, you owed your landlord 3000DM. On 23 Sep
94, you left the Hacienda Mexican Restaurant without paying a bill of |
148.20DM. For this act of misconduct you received a Letter of Reprimand,
undated. .

5. On 18 Apr 93, you failed to report to work on time. For this act of
misconduct you received a Letter of Reprimand, dated 19 Apr 93.

6. On 1 Apr 93, you failed to attend Chemical Warfare training. For
this act of misconduct you received a Letter of Counseling, dated 7 Apr 93.

7. On 7 Oct 92, you were derelict in your duties by playing cards while
on duty. For this act of misconduct, you received a Letter of Counseling,
dated 8 Oct 92,

Note: 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 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).
You have the right to consult legal counsel. “Military legal counsel hag
been obtained to assist you. I have made an appointment for you to consult
with Capt Ges at Bldg 2111 on 2 Dec 94 at 1000 hours. You may consult
civilian counsel at your own expense.

You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider must reach me by NLT
(3 duty days) at hours unless you request and receive
an extension for good cause shown. I will send them to the separation
authority.

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.

You have been scheduled for a medical examination, You will report in
uniform with your escort to the USAF Ramstein Clinic (Physical Exams), at
0800 hours on 5 Dec 94 for the examination. If you wear glasses, you must.
bring them with you; if you wear contacts, you must be able to remove them.
If you have a family history of diabetes, you must fast for 12 hours prior to
your appointment.

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.

Execute the attached acknowledgment and return it to me immediately.

ene Li col, usar

Commander

Attachment ;:

Supporting Documents for the Reason

for Discharge

1. LOR, dtd 22 Nov 94 .
2. LOR, dtd 23 Aug 94

3. Loc, dtd 29 dul 94

4. LOR, undated

5. LOR, dtd 19 Apr 93

6. Loc, dtd 7 Apr 93

7. Loc, dtd 8 Oct 92