AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

GRADE AFSN/SSAN

AMN nha

 

 

  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL. | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ~——
YES NO
xX
VOTE OF THE BOARD
. MEMBERS SITTING HON GEN vOTHC OTHER DENY

es X
nes TR
___ x

2 x

 

 

 

 

 

 

ISSUES INDEX NUMBER

A94.05 A67.90

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER

1 JUL 03 FD2003-0016

 

mw NR

BRIEF OF BERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

INDORSEMENT

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARB DISCUSSED:ON THE.ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

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

   

DATE: 1. JUL.03.

    

 

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

 

 

 

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 FD03-0016

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 contends that his discharge was too harsh because it was hastily decided and inadequate
considering that the conviction that was brought upon him was taken care of immediately, which was being
late for duty and for returned checks. The record indicates the applicant received two Article 15s for failure
to go, and for writing bad checks for a total of $6,880.13. He also received a Vacation of suspended non-
judicial punishment under Article 15, UCMJ. He also received three Letters of Reprimand for failing his
room inspection, failure to go and for making a false statement. And, two Records of Individual
Counseling for failing to properly account for tools and for being late for work. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
| The Board concluded the misconduct was a significant departure from conduct expected of all military
members. The characterization of the discharge received by the applicant was found to be appropriate. 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
FD2003-00016

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

(Former AMN) (HGH AlC)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 29 Jan 02 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 7 Oct 78. Enlmt Age: 19 9/12. Disch Age: 23 3/12. Educ: HS DIPL.
AFOT: N/A. A-29, E-51, G-37, M-55. PAFSC: 2A753 - Aircraft Structural

Maintenance. DAS: 7 Jul 99.

b. Prior Sv: (1) AFRes 22 Jul 98 - 8 Dec 98 (4 months 17 days) (Inactive) .

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 9 Dec 98 for 6 yrs. Svd: 3 Yrs 1 Mo 21 Das, all AMS.

b. Grade Status: AMN - 21 Dee 01 (Article 15, 21 Dec 01)
Alc - 9 Apr 00
AMN - 9 Jun 99

c. Time Lost: None.

d. Art 15’s: (1) 21 Dec 01, Little Rock AFB, AR - Article 123a. You,
did, on divers occasions between on or about 17 Feb 00
to on or about 24 Sep 01, with intent to defraud and for
the procurement of lawful currency and other things of
value, wrongfully and unlawfully utter to the ------- 1
certain checks upon ---+---- Bank, ------ Credit Union, -
we eeene , cccccc-- Bank, and ------- Bank and Trust, in

words and figures as follows, to wit: of a total of
$6,880.13 then knowing that you, the maker thereof, did
not or would not have sufficient funds in or credit with
such banks for the payment of the said checks in full
upon their presentment. Reduction to Amn, 30 days extra
duty, and a reprimand. (No appeal) (No mitigation)

(2) 31 Jul 00, Vacation, Little Rock AFB, AR - Article 86.
You, did, on or about 17 Jul 00, without authority, fail
to go at the time prescribed to your appointed place of
duty. Forfeiture of $563.00. (No appeal) (No
mitigation)

(3) 12 Jun 00, Little Rock AFB, AR - Article 86. You, did,
on or about 30 May 00, without authority, fail to go at
the time prescribed to your appointed place of duty.
FD2003-00016

Suspended forfeiture of $563.00 pay, 15 days extra duty,
30 days restriction, and a reprimand. (No appeal) (No
mitigation)

e. Additional: LOR, 17 MAY 00 - Failure to go and making a false

statement.
RIC, 12 MAY 00 - Late for work.

LOR, 16 FEB 00 - Failure to go.

RIC, 04 SEP 99 - Failing to properly account for tools.
LOR, 21 MAY 99 - Failed room inspection.

£. CM: None.

g. Record of SV: 9 Dec 98 - 8 Aug 00 Little Rock AFB 2 (Initial) REF
9 Aug 00 - 8 Aug 01 Little Rock AFB 4 (Annual)

(Discharged from Little Rock AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (8) Das
TAMS: (3) Yrs (1) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 6 Jan 03.
(Change Discharge to Honorable)

Issue 1: My discharge was hastily decided and inadquit (sic) considering
that the conviction that was brought upon me was taken care of immediately,
(being late for duty and returned checks). I submit this to be reviewed and

considered for an upgrade from General with Honorable Conditions Discharge to
Honorable with Honorable Conditions Discharge.

ATCH
None.

12MAR03/ia
(D270 3-028 YG

a

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

 

FROM: 314 MXS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force IAW AFPD 36-32 and.
AFI 36-3208, paragraph 5.50.2, A Pattern of Misconduct, Conduct Prejudicial to Good Order

and Discipline. If my recommendation for discharge is approved, the separation authority may
characterize your service as either Honorable or Under Honorable Conditions (General). I will
recommend characterizing your service as Under Honorable Conditions (General).

2. My reasons for this action are:

a. Between on or about 17 February 2000 and on or about 24 September 2001, on divers
occasions, you uttered to the Army and Air Force Exchange Service bad checks for a total of
$5,880. For your actions, you received Nonjudicial Punishment under Article 15, UCMJ.

(Atch 1-1)

b. On or about 17 July 2000, you failed to go at the time prescribed to your appointed place
of duty. For your actions, you received Vacation of Suspended Nonjudicial Punishment under

Article 15, UCMJ. (Atch 1-2)

c. On or about 30 May 2000, you failed to go at the time prescribed to your appointed place
of duty. For your actions, you received Nonjudicial Punishment under Article 15, UCMJ.

(Atch 1-3)

d. On or about 15 May 2000, you failed to go at the time prescribed to your appointed place
of duty. For your actions, you received a Letter of Reprimand (LOR). (Atch 1-4)

e. On or about 12 May 2000, you failed to go at the time prescribed to your appointed place
of duty. For your actions, you received a Letter of Counseling (LOC). (Atch 1-5)

f. On or about 7 February 2000, you failed to go at the time prescribed to your appointed
place of duty. For your actions, you received an LOR. (Atch 1-6)

[\Adverse Actions\2002\mayberry] (314 MXS)(AETC).doc
ns [D2CQD3B~IOCO/O

g. On or about 3 September 1999, you failed to properly account for work tools. For your
actions, you received an LOC. (Atch 1-7)

h. On or about 20 May 1999, you failed a room inspection. For your actions, you received
an LOR. (Atch 1-8)

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.
Ihave made an appointment for you to consult Cap aii Area Defense Counsel, Bldg
1255, Rm 201, Telephone 7-3260 on 18 January 2002 at 0800 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) workdays or (72) hours unless you
request and receive an extension for good cause shown. I will forward any statements you

submit 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
Clinic at 0945 hours on 16 January 2002 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.

j

  

Lt Col, USAF

 

Commander

Attachments (See next page)

L\Adverse Actions\2002\mayberry1 (314 MXS)(AETC).doc
Attachments:

1-1

1-2

1-3

Article 15, 18 Dec 01

Member’s Response, not dated
Vacation, 21 Jul 01

Member’s Response, 25 Jul 00

MFR (SSet (iii), 17 Jul 00
Article 15, 5 Jun 00

Member’s Response, 8 Jun 00

MER (SSetiffitis), not dated
MFR (via alan, not dated
LOR,17May00
LOC, 12 May 00
LOR, 16 Feb 00
LOC, 4 Sep 99

LOR, 21 May 99

( F FDZLOOS3 ~ BOU/E

T\Adverse Actions\2002\mayberryt (314 MXS)(AETC).doc