’

7.

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AIC onnnigite.

 

 

 

 

TYPE
GEN PERSONAL APPEARANCE

X RECORD REVIEW

 

 

  

4 NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

HON GEN vOTHC OTHER DENY

 

 

 

 

 

 

 

 

REMARKS

Case heard at Washington, D.C.

SIGNATURE OF REC@R

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

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING
X
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ISSUES INDEX NUMBER es ‘E : : : en ie he
A94.53, A92,37 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
26 JUN 03 FD2002-0540

 
   

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

DD Fm 149 submitted. The case will be forwarded to the AFBCMR for further processing.

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

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

 

 

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

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢p7002-0540

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

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, a vacation of
suspended punishment, seven Records of Individual Counseling, a traffic ticket, four Letters of Reprimand,
an Unfavorable Information File, and one Enlisted Performance Report that was rated an overall “3.” His
misconduct occurred over an 18-month period and included failure to go or being late for duty seven times,
four instances of dereliction of duty, driving a vehicle without registration and insurance and that had an
improper license plate, and at least three instances of financial irresponsibility. At the time of the discharge,
member consulted counsel but waived his right to submit a statement in his own behalf. Applicant now
notes his desire to receive his G.I. Bill education benefits. The Board noted that member was age 21 to 22
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. 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.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. The
Board noted that applicant signed a statement (DD Form 2366, on September 8, 1997) that he understood
he must receive an Honorable discharge to receive future educational entitlements. While the Board was
sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or
propriety that warrants an upgrade.

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
FD2002-0540
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ne (Former AlC) (HGH SRA)
meee. MISSING MEDICAL RECORDS
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 3 Apr 01 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 16 Sep 78. Enlmt Age: 18 5/12. Disch Age: 22 6/12. Educ: HS DIPL.
AFOT: N/A. A-56, E-67, G-55, M-58. PAFSC: 2A652 - Aerospace Maintenance.
DAS: 17 Jun 98.

b. Prior Sv: (1) AFRes 15 Mar 97 - 26 Aug 97 (5 months 12 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 27 Aug 97 for 6 yrs. Svd: 3 Yrs 7 Mo 8 Das, all AMS.

b. Grade Status: AIC - 22 Feb 01 (Vacation of Article 15, 14 Mar 01)
SRA - 11 Feb 00

A1lC - (EPR Indicates): 27 Aug 97-15 Apr 99)

ec. Time Lost: None.

d. Art 15’s: (1) 14 Mar 01, Vacation, Little Rock AFB, AR - Article 86.
You did, on or about 6 Mar 01, without authority, fail
to go at the time prescribed to your appointed place of
duty. Reduction to AlC. (No appeal) (No mitigation)

(2) 22 Feb 01, Little Rock AFB, AR - Article 86. You, did,
on or about 6 Feb 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Suspended reduction to A1C, 30 days extra duty, anda
reprimand. (Appeal/Denied) (No mitigation)

e. Additional: LOC, 27 FEB 01 - Failure to follow technical data.

LOR, 12 FEB 01 - Financial itrespongibility.

LOR, 01 DEC 00 - Failure to go. .

LOC, 19 SEP 00 - Failure to provide adequate dependen

care.

LOR, 18 SEP 00 ~ Failure to qo.

MEMO, 31 AUG 00 - Using license plate from different
vehicle, without registration and no
insurance. Allowing a person to drive on
base with suspended license.

LOR, 07 JUN 00 - Financial irresponsibility.
FD2002-0540

TRAFFIC TICKET, 03 JUN 00 - Failure to register vehicle, no
insurance, and driving with
improper plates.

LOC, 31 MAY 00 - Late for duty.

LOC, 23 MAY 00 - Late for duty.

LOA, 15 MAR 00 - Financial irresponsibility.

LOC, O1 NOV 99 - Late for duty.

LOC, 28 SEP 99 - Failure to follow AETCI 21-101v2,

LOC, 09 SEP 99 - Dereliction of duty.

£. CM: None.

g. Record of SV: 27 Aug 97 ~- 15 Apr 99 Little Rock AFB 4 (HAF Dir)
16 Aug 99 - 15 Apr 00 Little Rock AFB 3 (Annual)

(Discharged from Little Rock AFB)
h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (4) Yrs (0) Mos (20) Das
TAMS: (3) Yrs (7) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Dec 02.
, (Change Discharge to Honorable)

Issue 1: Need discharge upgrade to recieve (sic) educational benefits.

ATCH
1. DD Form 149.

5MARO3/ia
cy PD X202-059O0

f 4

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 314TH AIRLIFT WING (AETC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

 

MAR 29 200
MEMORANDUM FOR@

 

FROM: 314 MXS/CC
SUBJECT: Notification Memorandum

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, 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 action are:

a. On or about 6 February 2001, you did, without authority, fail to go to your appointed
place of duty, building 256, at the time prescribed. For your actions you received Nonjudicial
Punishment Under Article 15, UCMJ and entry in your already established Unfavorable
Information File (UIF). (Atch 1-1)

b. On or about 26 February 2001, you were derelict in the performance of your duties, in that
you failed to follow proper technical order 35E7 —2-11-1, paragraph 1-149A, steps c and f
instructions during the course of reassembly of the flexible coupling assembly. For your actions,

you received a Letter of Counseling (LOC). (Atch 1-2)

¢. On or about 2 February 2001, you failed to pay your Deferred Payment Pay (DPP)
account which was $24.00 past due. For your actions, you received a Letter of Reprimand
(LOR). (Atch 1-3)

d. On or about 30 November 2000, you did, without authority, fail to go to your appointed
place of duty, building 256, at the time prescribed of 0700 hours.. For your actions, you received
an LOR. (Atch 1-4)

e. Onor about 18 September 2000, you were derelict in the performance of your duties, in
that you brought your spouse to the work area causing other members to provide mission support
in your absence. For your actions, you received an LOC. (Atch 1-5)
PR 2022-4570

f. On or about 18 September 2000, you did, without authority, fail to go to your appointed
place of duty, building 256, at the time prescribed of 0700 hours. For your actions, you received

an LOR. (Atch 1-6)

g. On or about 7 June 2000, you failed to pay your DPP account which was $36.00 past due.
For your actions, you received an LOR. (Atch 1-7)

h. On or about 31 May 2000, you failed to return from lunch on time, you returned 20
minutes late. You said you went back to your dormitory room after lunch and fell asleep. For

your actions, you received an LOC. (Atch 1-8)

i. Onor about 23 May 2000, you did, without authority, fail to go to your appointed place
of duty, building 256, at the time prescribed of 0700 hours. For your actions, you received an

LOC. (Atch 1-9)

j. On or about 15 March 2000, you failed to pay your Bank of America government credit
card in a timely manner. You were 64 days overdue on a balance of $545.93. For your actions,

you received a Letter of Admonishment. (Atch 1-10)

k. Onor about 1 November 1999, you did, without authority, fail to go to your appointed
place of duty, building 256, at the time prescribed of 0700 hours. For your actions, you received

an LOC. (Atch 1-11)

1. On or about 27 September 1999, you failed to sign out during swing shift and in the
consolidated took kit prior to using the tools. For your actions, you received an LOC. (Atch 1-

12)

m. On or about 8 September 1999, you were derelict in the performance of your duties, in
that you found playing on a personal laptop computer. As a swing shift driver you are expected
to maintain a fuel log. For your actions, you received an LOC. (Atch 1-13)

n. On or about 3 June 2000, you brought your vehicle onto Little Rock Air Force Base using
the license plate from a different vehicle, without registration and no insurance. You allowed a
person to drive on base while her license was suspended. You had earlier been cited by
Jacksonville Police Department patrolman for failure to register the vehicle. For your actions,
you receive a Letter of Warning and Armed Forces Traffic Ticket (DD Form 1408). (Atch 1-14)

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 higher authority
will decide whether you will be discharged or retained in the Air Force and if discharged, how
your service will be characterized. 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.
Thave made an appointment for you to consult @ iii Arca Defense Counsel,
. ~. PIPZB2-0$F0

Bldg 1255, Rm 201, Telephone 7-3260 on March 2001 at 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 (3) workdays or (72) hours 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 have been scheduled for a medical examination. You must report to Little Rock AFB
Hospital at 0745 hours on 20 March 2001 for the examination.

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 the Orderly Room.

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

pw, USAF

 

Attachments:
1-1 Art. 15, 5 Mar 2001
1-2. LOC, 27 Feb 2001
1-3 LOR W/UIP, 12 Feb 01
1-4 LOR W/UIF, 1 Dec 2000
Member’s Response to UIF, 2 Feb 01
MFR ggaeaiE®), 30 Nov 00
UIF Summary Sheet
LOC, 19 Sep 00
LOR, 18 Sep 00
LOR, 7 Jun 00
LOC, 31 May 00 \
LOC, 23 Mar 00
-10 LOA, 15 Mar 00
-11 LOC, 1 Nov 99
-12 LOC, 28 Sep 99
-13 LOC, 9 Sep 99
-14 Letter of Warning, 31 Aug 2000
Armed Force Traffic Ticket, 3 Jun 2000

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