AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 
 

TYPE
X PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

 

‘COUNSEL

    

MEMBERS SITTING

 

———=

 

ISSUES INDEX NUMBER

A93.02, A93.08, A93,10 A67.10

 

   
 
  
 

kX >>:

 

 

AFSN/SSAN

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

iON | GEN” | wo7tic OTHER | DENY
Pe
x
X*
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X*

 

 

 

 

17S SUBMITIED.TO THE BOARD
ORDER APPOINTING THE BOARD

1 fe
2, | APPLICATION FOR REVIEW OF DISCHARGE

 

HEARING DATE

03 07 14

   
   
 
  

CASE NUMBER

3 | LETTER OF NOTIFICATION
4

BRIEF OF PERSONNEL FILE
FD 00: x rnd
2002-0523 COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

REMARKS

Case heard at Washington, D.C.
* Change reason to Secretary Authority

The AFDRB determined the applicant's reenlistment (RE) Code should

Advise applicant of the decision of the Board.

INDORSEMENT

 
 

'§ DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

be changed to 3K.

DATE:..03:07 15

 

 

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

 

 

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

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

1535 COMMAND DR, EE WING, 3” FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0523

GENERAL; The applicant appeals for upgrade of his discharge from General to Honorable, to change the
reason for the discharge, and to change his reenlistment code. The applicant appeared without counsel and

testified before the Board at Andrews AFB, MD, on July 14, 2003. The applicant submitted no additional
exhibits or witnesses.

The attached brief contains the available pertinent data and factors leading to the applicant’s discharge.

FINDINGS: The applicant’s discharge is upgraded to Honorable and the reason for the discharge is changed
to Secretarial Authority. A change of the applicant’s reenlistment code is also Approved.

The Board finds that neither the evidence of record nor that provided by the applicant reveal any impropriety
that would justify the approval of the applicant’s request. However, the Board does find that the applicant’s
character and reason for discharge (and consequent reenlistment code) are inequitable.

Issues: The applicant contends that his general discharge was inequitable because his ability to serve was
impaired by his youth and immaturity as well as marital problems. The Board notes that prior to and after the
applicant’s first Article 15, his duty performance remained excellent. The applicant’s testimony also indicates
that his second Article 15 was the direct result of a period of severe marital discord. The applicant testified that
it was during this time that he requested that his commander discharge him and that his request was made
without a full appreciation of how his discharge would be characterized or how it might affect his ability to
reenter the military later. The Board consequently concluded that absent the then existing marital discord and
his subsequent request for discharge, the applicant would not likely have been discharged. After a thorough and
complete consideration of the applicant’s forthright personal testimony and the information contained in the
record, the Board concluded that there was sufficient mitigation and extenuation in the applicant’s
circumstances at the time to substantiate upgrading the applicant’s discharge and to change the reason for the
discharge. The Board also concluded that the applicant’s reenlistment code should also be changed.

CONCLUSIONS: The Discharge Review Board concludes that the applicant’s discharge was consistent with
the procedural and substantive requirements of the discharge instruction, was within the discretion of the
discharge authority, and that the applicant was provided full administrative due process.

Nonetheless, in view of the foregoing findings, the Board further concludes that the overall quality of the
applicant’s service is more accurately reflected by an honorable discharge and that the reason for the discharge
is more accurately described as Secretarial Authority. The applicant’s characterization and reason for discharge
should be changed to Honorable and Secretary Authority under the provisions of Title 10 U.S.C, Section 1553.
The applicant’s reenlistment code should also be changed.

Attachment:
Examiner's Brief
FD2002-0523

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

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 31 Jul 98 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, to Change RE Code, and Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 1 Mar 76. Enlmt Age: 19 3/12. Disch Age: 22 4/12. Educ: HS DIPL.
AFQT: N/A. A-99, E~82, G-78, M-68. PAFSC: 2W151 - Aircraft Armament Systems

Journeyman. DAS: 3 Dec 95.
b. Prior Sv: (1) AFRes 23 Jun 95 - 4 Jul 95 (12 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AlC S Jul 95 for 4 yrs. Svd: 3 Yre 0 Mo 26 Das, all AMS.

b. Grade Status: AB ~ 14 Jul 98 (Article 15, 14 Jul 98)
AMN - 29 Mar 97 (Article 15, 20 Mar 97)

c. . Time Lost: None.

d. Art 15's: (1) 14 Jul 98, Hurlburt Field, FL - Article 128. You did,
on or about 15 Jun 98, unlawfully strike ------- , on the
face and neck. Reduction to AB, and 45 days extra duty.

(No appeal) (No mitigation)

(2) 29 May 97, Hurlburt Field, FL - Article 121. You did,
at Eglin AFB, Florida, on or about 15 May 97, steal a

wallet, of a value of about $10.00, the property of the
So BR an Re = . Reduction to Amn, and 45 days extra duty.

(No appeal) (No mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: 05 Jul 95 - 15 Jan 97 Hurlburt Field 5 (HAF Dir)
16 Jan 97 - 10 Jun 97 Hurlburt Field 2 (Cmdr Dir) REF

11 Jun 97 - 31 Mar 98 Hurlburt Field 4 (CRO)

(Discharged from Hurlburt Field)

h. Awards & Decs: AFAM, AFTR, NDSM, NATOM, AFOUA, AFGCM.
FD2002~-0523
TAMS: (3) Yrs (0), Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 2 Dee 02.

(Change Discharge to Honorable, Change the RE Code, and Reason and Authority
for Discharge.)
Issue 1: I personally requested to be discharged due to marital problems
affecting my military career. JI don't feel that I should be discharged for
misconduct and not be allowed to reenter based on my marital situation at the
time. Since then, I have grown and learned from the past and would like to be
allowed to reenter the military. Thank you.

I would also like my discharge to be changed to honorable.

ATCH
None.

2°7FEB03/ia
PD 2002-9523

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

 

 

MEMORANDUM FOR «iain 22-6

FROM: 16 EMS/CC

SUBJECT: Notification Memorandum

1, [am recommending your discharge from the United States Air Force for Misconduct, more
specifically, for Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and
AFT 36-3208, section H, paragraph 5.49. If my recommendation for discharge is approved, your
service will be characterized as honorable or general. I am recommending your service be

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

a. You did, on or about 15 May 97, steal a wallet from the Eglin Base Exchange, for which
you received an Article 15, dated 2 Jun 97, and the establishment of an Unfavorable Information

File UIE).
b. You did on or about 15 Jun 98, unlawfully strike SOUR on the face and neck,

for which you received an Article 15, dated 15 Jul 98.

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. If you are
discharged, you will be ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
T have made an appointment for you to consult the Area Defense Counsel, Hurlburt Field, FL,
Bldg 90042, 884-5216/5217, on 22 sso. 98 at(‘S30_ 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 within 3 work days 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 are scheduled for a medical examination and you should report to the Hurlburt Clinic at
$530. brs on 2 Sux. 26 for the examination.

Any Time... Any Place
PP 2202-9523

8, Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of
1974, A copy of AFI 36-3208 is available for your use at’ the unit orderly room.

 

Attachments:

Documents Supporting Basis for Discharge

1, AF Form 3070 w/atchs, dtd 2 Jun 97 (6 pgs)
2. AF Form 3070 w/atchs, dtd 15 Jul 98 (5 pgs)
3. Airman’s receipt of notification memorandum