ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

   

 

    

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ed
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
° |
VOTE OFTHE HOARD
MEMBERS SITTING HON GEN VOTH OTHER DENY

 

 

 

 

 

 

 

 

ra; Pe) mM]

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER et EXHIBITS SUBMIETED: TO: THE BOARD :
A93.09 A67,50 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
a |
20 JUN 03 FD2003-0022 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE_AND.THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE:

 

 

REMARKS

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.

 

SIGNATURE OF RECORDER

DATE: 20 JUN 03

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
530 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 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0022

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and to change the RE Code.

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 states his discharge was too harsh because he was going through some personal
problems. The record indicates the applicant received an Article 15 for failure to go and making a false
official statement. He also received a Vacation action under the UCMI for failure to go. In addition, he
received five Letters of Reprimand for failure to go (twice), being late for duty, financial irresponsibility
(twice), and failure to meet a scheduled appointment. The Board recognized the applicant served almost
seven years and had no problems until his last year of service. If the applicant 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 this 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. 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
FD2003-00022
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

T_T. (Former A1C) (HGH SRA)
i

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 10 Oct 00 UP AFI 36-
3208, para 5.50.1 (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for Honorable Discharge, Change the RE Code, Reason and
Authority.

2. BACKGROUND:

a. DOB: 15 Feb 75. Enlmt Age: 18 3/12. Disch Age: 25 7/12. Educ: HS DIPL.
AFQOT: N/A. A-85, E-58, G-52, M-51. PAFSC: 2A654 - Aircraft Fuel Systems
Journeyman. DAS: 9 Jul 98.

b. Prior Sv: (1) AFRes 28 May 93 - 11 Nov 93 (5 months 14 days) (Inactive).

(2) Enlisted as A1C 12 Nov 93 for 4 yrs. Svd: 3 yrs 4 months
18 days, all AMS. SRA - 12 MAR 96. EPRs: 3,4.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 31 Mar 97 for 6 yrs. Extended 9 May 97 for 3 months.
Svd: 3 Yrs 6 MoS 10 Das, all AMS.

b. Grade Status: A1C - 19 May 00 (Article 15, Vacation, 3 Aug 00)
c. Time Lost: None.

d. Art 15’s: (1) 3 Aug 00, Dyess AFB, TX - Article 86. You, did, on or
about 24 Aug 00, without authority, fail to go at the ©
time prescribed to your appointed place of duty.
Reduction to Alc. (No appeal) (No mitigation)

(2) 19 May 00, Dyess AFB, TX ~- Article 86. You, on or
about 21 Apr 00, without authority, fail to go at the
time precribed to your appointed place of duty. Article
107. You, did, on or about 24 Apr 00, with intent to
deceive, make to MSgt -----~ an official statement, to
wit: your reason for failing to go to your weighted
airman promotion testing was the fact your electricity
went out in your apartment complex, was totally false,
and was then known by you to be so false. Suspended
reduction to A1C, 30 days extra duty, and a reprimand.
(No appeal) (No mitigation)

e. Additional: LOR, 29 AUG 00 - Failure to go.
LOR, 29 AUG 00 - Late for duty.
LOR, 15 AUG 00 - Financial irresponsibility.
FD 2205 ~ COO 22

To the Review Board

I am making thiy statement to apologize to the United Statey
Government and to the U.S. Air Force.

Nearly two yeary ago TI received and “Under Honorable
Conditions” discharge from the U.S Air Force. I regret it ever
happened. While stationed in Abilene, Texay iv 1999 until
2000, my wife and I were having personal problems. Thingy
got progressively worse and she left Texas and moved back to
North Carolina. Insteadof going to my commander, chaplain
or first sergeant, I took matters into my oww handy to get
discharged so I could returw to North Carolina where my
family way without thinking things through. I’ve never beeww
person to express my problems openly and it caused me to fall
apart emotionally. We have come to a compromise iv our

relationship at thiy point.

I am asking the review board to grant aw upgrade of my
discharge to “Honorable”

I enjoyed serving my country and being part of the best Air
Force ivthe world, and loved being aw aircraft mechanic. The
thrill of working on aircraft and knowing that I had a hand
iw protecting this great nation iy unbelievable. My career way
prematurely interrupted and my hopey are to receive aw
upgrade to full honorable and be allowed to serve my country
again through the Air Force Reserve sytem during this time of
peri and war.

I cawonly pray that you will search your hearty and approve
my request for av upgrade. I would like to fulfW0 my dream of

completing aw distinguished and honorable air force career.

Thank youfor taking Come out of Your hectic schedule to review
Ow
DEPARTMENT OF THE AIR FORCE |
317" MAINTENANCE SQUADRON (AMC)
DYESS AIR FORCE BASE TEXAS 79607-1720

PD 2003+ 020 2> :

AUS 3 1 2000

  
 

~ MEMORANDUM FOR A] Cag@RGQRRURSRAIOR:
_ FROM: 317 MXS/CC .

SUBJECT: Notification Letter - Board Hearing

I. Iam recommending your discharge from the United States Air Force for Discreditable Involvement With Military or
Civil Authorities, according to AFI 36-3208, dated 14 Oct 94, under the provisions of paragraph 5.50.1. Copies of the
documents to be forwarded to the separation authority to support this recommendation are attached.

2. My reasons for this action are:

a. You did, on.28 Aug 00, without authority, report late for duty, for which you were reprimanded, as
evidenced by LOR, dated 29 Aug 00.

b. You did, on 24 Aug 00, without authority, fail to go at the time prescribed to your appointed place of
duty, to wit: Dental Clinic, for which your suspended reduction in rank was vacated, as evidenced by

AF Form 366, dated 3 Aug 00.

- ¢. You did, on 4 Aug 00, without authority, fail to go.at the time prescribed, to your scheduled
appointment, to wit: Life Skills Center, for which you were reprimanded, as evidenced by LOR, dated 7

Aug 00.

d. You did, on 24 Jul 00, write a check for $145.00, and thereafter failed to maintain funds in your bank
account to cover said check on presentment for payment, for which you were reprimanded, as evidenced
by LOR, dated 15 Aug 00. ~

e. You did, on or about from 25 Feb 00 to on or about 9 May 00, without authority, fail to go at the time
prescribed, to your appointments scheduled by the Medical Group, for which you were reprimanded, as
evidenced by LOR, dated 29 Aug 00.

f. You did, on or about 24 Apr 00, with intent to deceive, make to MSet yea False Official
Statement, for which you received Article 15 punishment, as evidenced by AF Form 3070, dated
19 May 00, and you were entered in an Unfavorable Information File (UIF), as evidenced by AF Form

1137 dated 19 May 00.

g. You did, on or about 21 April 00, without authority, fail to go at the time prescribed to your

appointed place of duty, to wit: Weighted Airman Promotion Testing, for which you received Article 15
. punishment, as. evidenced by AF Form 3070, dated 19 May 00, and you were entered in an Unfavorable

Information File (UIF), as evidenced by AF Form 1137 dated:19 May 00.

h. You did, on or about 9 Jun 99, write a check for $25.95, and thereafter failed to maintain funds in

your bank account to cover said check on presentment for payment, for which you were reprimanded, as
evidenced by LOR, dated 24 Jun 99. 5

AMC-Global Reach For America.
- You did, on or about 4 May 99, without authority, fail to go at the time prescribed, to your scheduled appointment
to wit: Weighted Airman Promotion testing, for which you received a no show letter, dated 5 May 99.

_ This action could result in your separation with an Under Other Than Honorable Conditions discharge. I am
recommending that you receive an Under Other Than Honorable Conditions discharge. The commander exercising
SPCM jurisdiction or a higher authority will make the final decision in this matter. If you are discharged, you will be
- ineligible for reenlistment in the Air Force and will probably be denied enlistment in any component of the armed

forces.
4. You have the right to:
a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counsel at a board hearing.
d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.
e. Waive the above rights. You must consult legal counsel before making a decision to waive any of your rights.

5. You have been scheduled for a medical examination. You must report to the 7th Medical Group Hospital, Physical
Exams Section, on 1 Sep 00 at 0800 hours.

6. Military legal counsel, Capt Wut phone @@@#M¥Bkhas been obtained to assist you. An appointment has been
scheduled for you to consult her on 31 Aug 00 at 1615 hours. Instead of the appointed counsel, you may have
another, if the lawyer you request is in the active military service and is reasonably available as determined
according to AFI 51-201. In addition to military counsel, you have the right to employ civilian counsel. The Air
Force does not pay expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be

readily available.

7, Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you choose to exercise.
The statement must be signed in the presence of your counsel who also will sign it. If you waive your right to a
hearing before an administrative discharge board, you may submit written statements in your own behalf. I will
send the statements to the discharge authority with the case file to be considered with this recommendation. If you

fail to respond, your failure will constitute a waiver of the right to the board hearing.

8. Any personal information you fumish in rebuttal is covered by the Privacy Act Statements as explained in AFPD
36-32 and AFI 36-3208, attachment 2. A copy of AFPD 36-32 and AFI 36-3208 is available for your use in the

Orderly Room.
@ FO 2003 -coo22_

   
 

9, If you request a board hearing and you fail to appear without good cause, your failure constitutes a waiver of your
right to be present at the hearing.

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

 
   

PYAJOR, USAF

Attachments
1. Airman's Receipt of
Notification Memorandum

LOR, dated 29 Aug 00
_ AF Form 366, dated 3 Aug 00
LOR, dated 7 Aug 00

LOR, dated 15 Aug 00

LOR, dated 29 Aug 00

AF Form 3070, dated 19 May 00
w/AF Form 1137 (UIF)

LOR, dated 24 Jun 99

No show letter, dated 5 May 99

ANEW

0 90