AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

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ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION
HEARING DATE CASE-NUMBER BRIEF OF PERSONNEL FILE

12 JUN 03 FD2002-0534 COUNSEL’S RELEASE TO THE BOARD
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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TSSUES INDEX NUMBER
A92.37, A94.53, A01.13 A67.10

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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,

NATURE OF BOARD P|

 

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 60-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL; The applicant appeals for upgrade of discharge to honorable.

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 is 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 minor disciplinary infractions. He had two Letters of Counseling, a
Letter of Reprimand, a Letter of Admonishment, an Article 15, and a vacation of suspended punishment.
His misconduct included financial irresponsibility, failure to go on two occasions, being incapacitated for
duty due to previous overindulgence in alcohol, and failure to pay his government travel card bill. At the
time of the discharge, member consulted counsel and submitted a statement in his own behalf in which he
tried to explain the reasons for some of his infractions, but agrees he had no excuse for other of his
infractions. Member was age 22 to 24 when his misconduct occurred and there is no evidence he was
immature or didn’t know right from wrong. Member was responsible for his actions and was held
accountable for them because his misconduct was disruptive to the unit. Commission of serious repeat
offenses clearly established applicant’s unsuitability for further Air Force service. The Board did not find ©
sufficient mitigation to warrant an upgrade, and no inequity or impropriety was found in this discharge in
the course of the records review. The Board concluded the discharge was appropriate for the reasons that
were its basis.

If he can provide additional documented information to substantiate an issue, the applicant should consider
exercising his right to make a personal appearance before the Board. If he should choose to exercise his
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual

evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to
the community.

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
FD2002-0534
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

anna: (Former AMN) (HGH A1C)
‘een, i z

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 10 Apr 96 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 25 Aug 71. Enlmt Age: 20 11/12. Disch Age: 24 7/12. Educ: HS DIPL.
AFQT: N/A. A-51, E-66, G-78, M-64. PAFSC: 3P031 - Security Apprentice.
DAS: 15 May 93.

b. Prior Sv: (1) AFRes 31 Jul 92 - 16 Dec 92 (4 months 16 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 17 Dec 92 for 4 yrs. Svd: 3 Yrs 3 Mo 25 Das, all AMS.

b. Grade Status: AMN - 1 Dec 95 (Vacation of Article 15, 23 Feb 96)
AlC - (EPR Indicates): 17 Aug 94-15 Aug 95
AMN - (EPR Indicates): 17 Dec 92-16 Aug 94.

c. Time Lost: None.

d. Art 15's: (1) 23 Feb 95, Vacation, Barksdale AFB, LA - Article 134.
You, being indebted to ------- for the total amount of
$765.82 for credit card charges, which amount became due
and payable upon receipt, did, on or about 26 Aug 95, to
on or about 12 Feb 96, dishonorably fail to pay said
debt. Reduction to Airman. (No appeal) (No mitigation)

(2) 1 Dee 95, Barksdale AFB, LA - Article 134. On or about
4 Nov 95, you, as a result of wrongful previous
overindulgence in intoxicating liquor or drugs, were
incapacitated for the proper performance of your duties.
Subject to your consent, an Intoxilyzer 5000
breathalyzer test was administered with a .062% Blood
Alcohol Content (BAC) result. Suspended reduction to
Airman. (No appeal) (No mitigation)

e. Additional: LOA, 04 SEP 95 —- Failure to show at appointed place of
duty.
LOR, 24 OCT 93 - Failure to go and failure to properly
prepare for duty.
LOC, 22 SEP 93 - Financial irresponsibility.
LOC, 04 SEP 93 - Failure to inform supervisor of numerous
negative incidents off duty.
FD2002-0534

f. CM: None.

g. Record of SV: 17 Dec 92 - 16 Aug 94 Barksdale AFB 3 (Intial)
17 Aug 94 - 16 Aug 95 Barksdale AFB 3 (Annual)

(Discharged from Barksdale AFB)
h. Awards & Decs: AFAM, AFTR, NDSM, AFOUA, HSM.

i. Stmt of Sv: TMS: (3) Yrs (8) Mos (11) Das
TAMS: (3) Yrs (3) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 12 Dec 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

4MAR03/ia
PDAGIL~OD INF

4

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACG)
BARKSDALE AIR FORCE BASE, LOUISIANA

   
 

16 MAR lyso

FROM: 2 SPS/CCQ

SUBJECT: Notification Letter - Administrative Discharge

1. Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, para 5.49, If my
recommendation is approved, your service will be characterized as under honorable conditions
(general) or honorable. J am recommending that your service be characterized as under

honorable conditions (general).

2. My reasons for this action are:

a. Between 26 Aug 95 to about 12 Feb 96, you dishonorably failed to pay your American
Express bill, as evidenced by a Vacation Action (AF Form 366), dated 11 Mar 96, (atch 1);

b. On or about 4 Nov 95, you were incapacitatied for the proper performance of your duties as
a result of prior overindulgence in alcohol, as evidenced by an Article 15, dated 4 Dec 95,

(atch 2);

c, Onor about 3 Sep 95, you failed to show up at your appointed place of duty at the
appointed time, as evidenced by a Letter of Admonishment (LOA), dated 4 Sep 95, (atch 3);

d. On or about 24 Oct 93, you failed to show up at your appointed place of duty at the
appointed time, as evidenced by a Letter of Reprimand (LOR), dated 24 Oct 93 (atch 4);

e. On or.about 10 Aug 93, you wrote a check to the Army Air Force Exchange Service in the
amount of $48.50 without having sufficient funds in your account to cover the check, as
evidenced by a Letter of Counseling (LOC), dated 24 Sep 93 (atch 5);

f. On or about 3 Sep 93, you failed to inform your supervisor of numerous negative incidents
that happened on off-duty time, as evidenced by a LOC, dated 4 Sep 93 (atch 6);

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 re-enlistment in the Air Force.

Global Power For America
ce Se | : Pp 2002-05 SY

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
In order to arrange an appointment to consult an attorney you will need to contact

tte. 2 extension 8355. She will set you up with an appointment at that time.

,* You have the right to submit statements in your own behalf. Any statements you want the
* separation authority to consider must reach me within three duty days unless you request and
yeceive an extension for good cause shown. I will forward them to the separation authority for

consideration,

5. 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.

6. You have received a physical examination within the last 2 years. Therefor, you are not
required to obtain a final separation physical examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use in your unit Orderly room.

8. You have been scheduled for a Preseparation Counseling briefing. You must report to the
Family Support Center, building 4713, at 0900 hours on 18 Mar 96 for the briefing. Your

briefing will be with imamate or Ranaaaaiee.

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

 

rection Commander, 2 SPS

Attachments:

. Vacation Action, dated 11 Mar 96
Article 15, dated 4 Dec 95

LOA, dated 4 Sep 95

LOR, dated 24 Oct 95

LOC, dated 22 Sep 93

LOC, dated 4 Sep 93

Receipt of Notification

NAAR YNS