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ISSUES INDEX NUMBER

A94,45 A67.10

CASE NUMBER

FD2002-0538

HEARING DATE

18 JUN 03

REMARKS

Case heard at Washington, D.C.

 

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

 

  
 

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

  
  

 

 

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

 

 

 APBLICANT'S ISSUEAND THE BOARD § DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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

  
   
 

 

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ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

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TAPE RECORDING OF PERSONAL APPERANCE HEARING

   

 

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR 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 FD02-0538

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 neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant does not contest her discharge. She simply states that she wants an upgrade in order to
received her GI Bill. The record indicates the applicant received an Article 15 for failure to go. She also
received three Letters of Reprimand for failure to go, dereliction of duty and making a false official
statement, and for financial irresponsibility. In addition, she received four Records of Individual
Counseling for being late for work, and dereliction of duty (three times). The applicant cited her desire to
receive the G.I. Bill benefits as justification for upgrade. The DRB was sympathetic to the impact the loss
of these benefits was having on the applicant, but this is not a matter of inequity or impropriety that would
warrant an upgrade. The Board found no evidence of any inequity or impropriety on which to base a
decision to upgrade the 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
FD2002-0538
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH AiC)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 17 Sep 93 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 28 Aug 69. Enlmt Age: 20 9/12. Disch Age: 24 0/12. Educ: HS DIPL.
AFOT: N/A. A-54, E-79, G-68, M-~74. PAFSC: 45156 - F/FB-111 Avionics Test
Station and Component Specialist. DAS: 10 Jun 91.

b. Prior Sv: (1) AFRes 27 Jun 90 ~- 26 Jul 90 (1 month) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 27 Jul 90 for 4 yrs. Svd: 3 Yrs 1 Mo 22 Das, all AMS.

b. Grade Status: A1C - 27 Dec 91
AMN - 27 Jan 91

c. Time Lost: None.

d. Art 15’s: (1) 31 May 91, Lowry AFB, CO - Article 86. Preliminary
investigation has disclosed that you, did, on or about
19 May 91, without authority, fail to go at the time
prescribed to your appointed place of duty. Suspended
reduction to AB, and forfeiture of $75.00. (No appeal)
(No mitigation)

e. Additional: LOR, 31 AUG 93 - Financial irresponsibility.
LOC, 12 AUG 93 - Dereliction of duty.
LOC, 08 JUN 93 - Dereliction of duty.
LOR, 26 APR 93 - Dereliction of duty and making a false
official statement.
LOC, 02 DEC 92 - Inability to perform assigned duties.
MFR, 23 Nov 92 - Unprepared for duty.
LOR, 24 SEP 92 - Failure to go.
Loc, 02 JUL 92 - Late for work and excessive breaks.
MFR, 25 Mar 92 - Missed dental appointment.
MFR, Undated - Missed medical appointment.

f. CM: None.

g. Record of SV: 27 Jul 90 - 26 Mar 92 Cannon AFB 3 = (Initial)
27 Mar 92 - 26 Mar 93 Cannon AFB 2 (Annual) REF
FD2002-0538

(Discharged from Cannon AFB)

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (22) Das
TAMS: (3) Yrs (1) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 14 Dec 02.
(Change Discharge to Honorable)

Issue 1: I am applying for upgrade of my DD214, so that I may be entitled

to my G.I. Bill. I am planning on going back to school to get a degree in
teaching. Without the G.f. Bill I will have much difficulty achieving this

goal. If any additional information is needed please contact me at the address
on the reverse side of this form or call me at -----~----

ATCH
1. DD Form 214.

5MARO3/ia
» > Ppw02- 2s BEF

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

 

FROM: 27 CRS cc 9 Sep 93

SUBJ: Letter of Notification

TO: titijtipnnnn wii

1. I am recommending your discharge from the United States Air Force for
Minor Disciplinary Infractions. The authority for this action is AFR 39-10,
paragraph 5-46. If my recommendation is approved, your service will he
characterized as Honorable, General or Under Other Than Honorable Conditions.
I am recommending that your service be characterized as General.

2. My reasons for this action are that:

a. On or about 12 Aug 93, you failed to pay your just debt to Combs’
Properties for the total amount of $352.00, ag avidenced by a Letter of
Reprimand, dated 31 Aug 93 (Atch la).

b. On or about 7 Aug 93, you were derelict in your duty when you moved
and failed to update the recall roster for the up-coming exercise, as
evidenced by a Letter of Counselling, dated 12 Aug 93 (Atch 1b).

¢. On or about 4 Jun 93, you were derelict in your duty when you failed
to properly provide child care and showed up for duty with your child, as
evidenced by a Letter of Counselling, dated 8 Jun 93 (Atch 1c).

d. Qn or about 1 Apr 93, you were derelict in your duty when you changed
the weekend security duty schedule without proper authorization, as evidenced
by a Letter of Reprimand, dated 26 Apr 93 (Atch 1d).

e@. On or about 16 Sep 92, you failed to go to your appointed place of
duty at the prescribed time, as evidenced by a Letter of Reprimand, dated 24
Sep 92 (Atch le).

f. On or about 2 Jul 92, you failed to go to your appointed place of duty
at the prescribed time, as evidenced by a Letter of Counselling, dated 2 Jul
92 (Atch if).

g- On or about 19 May 91, you failed to go to your appointed place dt
duty at the prescribed time, as evidenced by an Art 15, dated 31 May 91
(certified copy to follow) and the establishment of AF Form 1137, Unfavorable
Information File (Atch 1g).

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.
“OSES”
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3. 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 the

Area Defense Counsel on /O Sth? 9s at /2G0 Am You may consult

civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider must reach me three
workdays from the date of this letter 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.

6. You completed a medical examination on 9 Sep 93,

7.