NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

Re es ae ee ee

TYPE

GEN PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

     

 

MEMBERS SITTING

ISSUES INDEX NUMBER

A94.05, A92.37 A67.10

 

 

HEARING DATE

10 JUL 03

  

CASE NUMBER

FD2003-00009

REMARKS

Case heard at Washington, D.C.

SIGNATURE OF REC

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

 

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

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AMN bo

 

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

  
  
  
      
 
 
 
 
 

 

 

 

 

   

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

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.

 

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

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for discharge, and to change his reenlistment code.

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, change of reason and authority for the discharge, and change of
reenlistment code are 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 two Articles 15, and a
vacation of suspended punishment. His misconduct included larceny, conspiracy, forgery, false official
statement, underage drinking, resisting arrest, and sleeping on post. At the time of the discharge, member
waived his right to consult counsel and submit statements in his own behalf. The Board noted member was
the same age as other airmen who had adhered to the standards when his misconduct occurred, and he knew
right from wrong. He was counseled in an effort to help him correct his deficiencies and had several
opportunities to improve his behavior. He failed to respond to those rehabilitative efforts. He was
responsible for his actions, and therefore held accountable for them. No inequity or impropriety was found
in this discharge in the course of the records review.

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
FD2003-00009

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

eine (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 23 Jul 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions)... Appeals for
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 6 Apr 92. Enlmt Age: 17 7/12. Disch Age: 20 3/12. Educ: HS DIPL.
AFQT: N/A. A-46, E-48, G-42, M-36. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 30 Jun 00.

b. Prior Sv: (1) AFRes 17 Nov 99 - 26 Jan 00 (2 months 10 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 27 Jan 00 for 6 yrs. Svd: 2 Yrs 5 Mo 27 Das, all AMS.

b. Grade Status: AMN - 16 Jan 02 (Vacation of Article 15, 2 Jul 02)
' AIC - 10 Mar 00

c. Time Lost: None.

da. Art 15’s: (1) 2 Jul 02, Vacation, Kirtland AFB, NM - Article 113.
You were, on or about 11 Jun 02, being posted as
Security-6, found sleeping upon your post. Reduction to
Airman. (No appeal) (No mitigation)

(2) 16 Jan 02, Kirtland AFB, NM - Article 92. You, who
knew of your duties, on or about 1 Jan 02, were derelict
in the performance of those duties in that you willfully
failed to refrain from consuming alcohol while under the
age of 21, as it was your duty to do. Article 95. You
did, on or about 1 Jan 02, resist being apprehended by
TSgt ------ , an armed Security Forces member, a pergon
authorized to apprehend you. Article 134. You were, on
or about 1 Jan 02, disorderly. Suspended reduction to
Airman, and 30 days correctional custody. (No appeal)
(No mitigation)

(3) 13 Sep 00, Kirtland AFB, NM - Article 81. You did, on
or about 26 Jun 00, conspire with ------ to commit an
offense under the Uniform Code of Military Justice, to
wit: larceny of monies, of a value of about $300.00, the
property of Amn -----~-- , and in order to effect the
object of the conspiracy, you and -~---- did forge a
check and submit it for payment to a banking
FD2003~-00009

institution. Article 107. You did, on or about 7 Aug
00, with intent to deceive, make an official statement,
to wit: you stated the person who wrote a check
belonging to Amn ------ was named ----~-- , which statement
was totally false, and was then known by you to be so
false. Article 123. You did, on or about 26 Jun 00,
with intent to defraud, utter a certain check in the
following words and figures, to wit: a check belonging
to Amm ------ for the amount of $300.00, a writing which
would, if genuine, apparently operate to the legal harm
of another, which said check was, as you the said
utterer, then well knew, was falsely made. Forfeiture
of $150.00, and 10 days extra duty. (No appeal) (No
mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 27 Jan 00 - 27 Sep 01 Kirtland AFB 3 (Initial)
(Discharged from Kirtland AFB)

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (7) Das
TAMS: (2) Yrs (5) Mos (27) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 1 Jan 01.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)

Issue 1: I feel that I did not comit (sic) a bad enough crime to not allow
me to not re enter (sic) the United States Air Force.

ATCH
i. DD Form 149.

1APRO3/ia
DEPARTMENT OF THE AIR FORCE

377" Security Forces Squadron
KIRTLAND AIR FORCE BASE NEW MEXICO

Ler Dee ona.

MEMORANDUM FOR AMN