. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
nie AlC | RRR
PERSONAL APPEARANCE X RECORD REVIEW _|
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

VOTE OF THE BOARD

MEMBERS SITTING TION GEN UOTHC OTHER DENY

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ISSUES INDEX NUMBER Le EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.10 1 | ORDER APPOINTING THE BOARD
2. | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
30 JUL 03 FD2002-0503 COUNSEL’S RELEASE TO THE BOARD
[~~ “ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAI. APPERANCE HEARING

 

 

 

 

 

APPEICANT’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 BOARD PRESIDENT

    

SIGNATURE OF RECORDER

   

INDORSEMENT 8 _ DATES 30JUL 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 FD02-0503

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 had an
Article 15 for assault. He also received three Letters of Reprimand for altering a military identification
card, violating the dress and appearance standards and for dereliction of duty. Additionally, he received a
Letter of Counseling for damaging government property. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative/repetitive 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
FD2002-0503

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

(Former A1C) (HGH SRA}
MISSING MEDICAL RECORDS

1. MATTER UNDER REVIEW: Appl rec’‘d a GEN Disch fr USAF 18 May 00 UP AFI 36-
3208, para 5.49 (Misconduct ~- Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 21 Mar 79. Enlmt Age: 17 4/12. Disch Age: 20 1/12. Educ: HS DIPL.
AFOT: N/A. A-44, E-28, G-64, M-42. PAFSC: 1N031 - Intelligence Operator

Apprentice. DAS: 17 Jan 98.

b. Prior Sv: (1) AFRes 26 Jul 96 -~ 17 Jun 937 (10 Months 22
days) (Inactive) . .

3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 18 Jun 97 for 4 yrs. Svd: 2 Yrs 11 Mos 1 Das, all AMS.

b. Grade Status: Al1C - 21 Apr 00 (Article 15, 21 Apr 00)
SRA - 18 Oct 99

c. Time Lost: None.

d. Art 15’s: (1) 21 Apr 00, Ellsworth AFB, SC - Article 128. You did,
on or about 13 Mar 00, unlawfully strike AIC ------- ‘
repeatedly on his face and body with your fists and
repeatedly on his head with your head. Reduction to
A1lC, suspended forfeiture of $300 pay per month for 2
Months, and a reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 24 MAR 00 - Dereliction of duty.
LOR, 02 MAR 00 - Violation of dress and appearance
standards by reporting to duty with a
goatee.
LOR, 13 AUG 99 - Altering a military identification card.

LOC, 15 AUG 98 - Damaged government property.

f. CM: None.

g. Record of SV: 18 Jun 97 - 17 Feb 99 Ellsworth AFB 3 (Initial)

(Discharged from Ellsworth AFB)

h. Awards & Decs: AFTR, AFOUA.
FD2002-0503
TAMS: (2) Yrs (11) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 15 Nov 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

20FEB03/ia
Fp POO ODOTD

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 28TH BOMB WING (ACC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

11 May 00

MEMORANDUM FOR A.1C SOROS

FROM: 77 BS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct
involving minor disciplinary infractions. The authority for this action is AFI 36-3208, paragraph
5.49. If my recommendation is approved, your service will be characterized as honorable or
under honorable conditions (general). I am recommending that your service be characterized as
under honorable conditions (general).

2. My reasons for this discharge action are the following:

a. On 29 Jun 98, you damaged government property. For this, you received a Letter of
Counseling (LOC) on 15 Aug 98.

b. On or about 29 Jul 99, at or near Rapid City, South Dakota, you altered a military
identification card in violation of Article 134 of the Uniform Code of Military Justice. For this,
you received a Letter of Reprimand (LOR) on 13 Aug 99.

ce, On 2 Mar 00, you reported in uniform to the retraining section of Military Personnel Flight
with small goatee facial hair. For this, you received an LOR on 2 Mar 00.

d. On 2 Mar 00, you reported to the retraining section of the Military Personnel Flight. At

that time, SSoMQeb eave you paperwork for your retraining and instructed you to go to
the physical exams section of the clinic with the paperwork to have them do their portion of the

retraining paperwork. On 22 Mar 00, SSot QAR ontacted the Orderly Room stating you
had not returned the paperwork to his office. The first sergeant contacted you about this and you
stated to her that you had not taken the paperwork to the clinic. For this, you received an LOR

on 24 Mar 00.

e. You did, at or near Ellsworth AFB, South Dakota, on or about 13 Mar 00, unlawfully strike
AIC epeatedly on his face and body with your fists and repeatedly on his head with
your head. For this, you received nonjudicial punishment on 21 Apr 00.

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 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. 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.

BDlobal Power for America
FDZ902 —~IASBO3

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 consult Cap tai. Area Defense
Counsel, 5-2158, 1000 Ellsworth Street, Suite 1700 on I May 2000 at ;5e0 hours. You may
consult civilian counsel at your own expense.

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 Of00 _/¢ Ma, “eopunless 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 matters in your own behalf, 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 the Physical Exams
Section of the Base Clinic at /o 2g hours onjQ 2000 for the examination. This is a
mandatory appointment and you must be in uniform. 7

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 your orderly room.

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

GuumnsgD co, USAF

Commander

 

Attachments:
1. Supporting documents

a. LOC- 15 Aug 98

b. LOR - 13 Aug 99

c. LOR —2 Mar 00

d. LOR — 24 Mar 00

e. Article 15 -21 Apr 00
2. Airman's Acknowledgment