AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

  
 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

GRADE

AIC

 

AFSN/SSAN

 

 

MEMBERS SITTING

xX RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
     
 

 

ISSUES

A92.15, A92,19, A93.11,
A94.05

INDEX NUMBER

A67,10

    
  
  

 

 

ORDER APPOINTING” THE B BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

    

HEARING DATE

2 JULY 2003

CASE NUMBER

FD2003-00025

 

 

beeen remem

 
    

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REMARKS
Case heard at Washington, D.C.

 

submit an application to the AFBCMR.

 

  
  

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

 

  
 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

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

 

SIGNATURE 9F RECORDER

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 | gp 903-0025

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 nght.

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
impropriety that would justify upgrade of the discharge.

Issue. Applicant was discharged for minor disciplinary infractions. Member received three Articles 15,
five Letters of Reprimand, and one Letter of Counseling. His misconduct included financial irresponsibility
on numerous occasions, making a false official statement, damage to government property, causing an
accident by parking on railroad tracks during hours of darkness and violating a road closure sign. The
applicant was given multiple opportunities to correct his deficiencies. He failed to respond to those
rehabilitative efforts. The Board noted member’s duty performance as documented by his performance
reports and other information contained in the record. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant’s duty performance. The Board concluded the misconduct was a
significant departure from conduct expected of all military members. The Board found no evidence of
impropriety or inequity in this case on which to base an upgrade of discharge and that the characterization
of the discharge received by the applicant was found to be appropriate.

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
FD2003-00025

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD
MISSING MEDICAL RECORDS

see (Former AlC) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 12 Jan 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.

2. BACKGROUND:

a. DOB: 27 Sep 74. Enlmt Age: 19 1/12. Disch Age: 26 3/12. Educ: HS DIPL.
AFQOT: N/A. A-90, E-91, G~88, M-85, PAFSC: 3P051 - Security Forces Journeyman.

DAS: 16 Feb 97.
b. Prior Sv: (1) AFRes 22 Nov 93 - 15 Dec 93 (24 days) (Inactive).

(2) Enlisted as AB 16 Dec 93 for 4 yrs. Extended 17 Sep 96
for 3 months. Svd: 3 yrs 3 months 3 days, all AMS. AMN - 16 Jun 94. Ai1Cc - 16
Apr 95. SRA - 16 Dec 96. EPRs: 4,5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 19 Mar 97 for 6 yrs. Svd: 3 Yrs 9 Mo 24 Das, all AMS.

b. Grade Status: AIC - 9 Oct 00 (Article 15, 9 Oct 00)

c. Time Lost: None.

d. Art 15’s: (1) 9 Oct 00, Vandenberg AFB, CA - Article 134. You, did,
on or about 14 May 00, make and utter to ------ , a
certain check, in words and figures, to wit: check
#1031, in the sum of $5.45 for the purchase of goods and
did thereafter dishonorably fail to maintain sufficient

funds in the -~------- Bank for payment of such check in
full upon its presentment for payment. You did, on or
about 23 Aug 00, make and utter to the ------- a certain

check, in words and figures as follows, to wit: check
#1171 in the sum of $42.87, for the purchase of goods
and did thereafter dishonorably fail to maintain
sufficient funds in the ----~----- Bank for payment of
such check in full upon its presentment for payment.
Reduction to A1C, suspended forfeiture of $250.00 pay
per month for 2 months, and 30 days restriction.
(Appeal/Denied) (No mitigation)

(2) 25 Apr 00, Vandenberg AFB, CA - Article 134. You did,
on or about 10 Feb 00, make and utter a check to ----- 7
(3)

FD2003-00025

in words and figures ag follows, to wit: Check #138 in
the sum of §28.45 for the purpose of obtaining goods
and/or services, and did thereafter dishonorably fail
to maintain sufficient funds in your ------ Account for
payment of such check in full upon it's presentation for
payment. Suspended reduction A1C, and 30 days
restriction. (No appeal) (No mitigation)

1 Nov 97, Aviano AB, Italy - Article 107. You did, on
er about 17 Oct 97, with intent to deceive, make on an
AF Form 1168, an official statement to wit: "I have no
knowledge of what caused the driver's side tires of our
Humvee to flat", or words to that effect, which
statement was totally false in that you lost control of
the Humvee and hit a fense, and was then known by you to
be so false. Article 108. You did, on or about 17 Oct
97, without proper authority, through neglect damage a
fence and a Humvee, by hitting the fence with the
Humvee, military property of the United States, the
amount of the said damage being in excess of $100.00.
Article 111. You did, on or about 17 Oct 97, physically
control a vehicle to wit: a Humvee, in a reckless and
wanton manner by driving too quickly on an unfamiliar
road and losing control of the Humvee and striking a
fence. Suspended reduction to A1C, 14 days extra duty,
and a reprimand. (No appeal) (No mitigation)

Additional: LOR, 19 OCT 99 - Financial irresponsibility.
LOR, 12 OCT 99 - Financial irresponsibility.
LOR, 10 AUG 99 - Parking on railroad tracks, violation of

road closure sign during hours of
darkness, and causing an accident.

LOR, 08 JUN 99 - Financial irresponsibility.
LOR, 31 MAY 99 - Financial irresponsibility.
LOC, 23 DEC 98 - Financial irresponsibility.

CM: None,

Record of SV: 8 Aug 96 - 3 Jan 98 Vandenberg AFB 4 (Annual)
4 Jan 98 - 1 Sep 98 Vandenberg AFB 5 (CRO)
2 Sep 98 - 1 Sep 99 Vandenberg AFB 4 #£(Annual) REF
2 Sep 99 - 1 Sep 00 Vandenberg AFB 3 (Annual) REP

Awards & Decs:

(Discharged from Vandenberg AFB)

AFLSAR, AFTR, NDSM, NCOPMER, AFOUA W/2 DEVS, AFGCM.

Stmt of Sv: TMS: (7) Yrs (1) Mos (22) Das
TAMS: (7) Yrs (0) Mos (28) Das
FD2003-00025

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 13 Jan 03.
(Change Discharge to Honorable)

IssueS: My discharge was based on events beyond my immediate control,
circumstances of which were repeatedly identified to all levels of leadership
within my unit, and for which I took every possible action to remedy. These
events spanned a time frame of less than one year of my seven years of active
service. Despite the hardships that initiated my discharge, I maintained the
highest level of job performance, leadership responsibilities, and was regarded
as an example for others in my unit to follow. At the time of my discharge,
immediate leadership such as Flight Sergeants, Flight Leaders, and Direct
Supervisors with first hand knowledge of my performance and dedication to duty
all petitioned squadron leadership to grant an honorable discharge. In the time
since my discharge, the problems associated with my discharge have all passed
and I have prospered in the civilian community. I have secured a professional
occupation and began work toward a collegiate degree. For more details
regarding this issue, please refer to the attached personal statement.

ATCH
1. Personal Statement.

L7MARO3/ia
fP 7273 - LO 2S

DEPARTMENT OF THE AIR FORCE

30TH SPACE WING (AFSPC)

 

NOV 27 2000

FROM: 30 SFS/CC

SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208

1, Tam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5.49.
Copies of the documents to be forwarded to the separation authority in support of this _
recommendation are attached.

2. My reasons for this action are:

a. On or about 17 Oct 97 you violated Article 107, UCMJ, by making a false official
statement on an AF Form 1168 regarding a Humvee accident in which you destroyed a fence and
‘caused damage to the Humvee. You also violated Article 108, UCMJ, for damaging. military
property (same incident as above) and Article 111, UCMJ, for operating the Humvee in a
reckless and wanton manner. As a result of these actions, you received nonjudicial punishment
under Article 15, UCMJ, dated 1 Nov 97. Punishment consisted of reduction to the grade of
Airman First Class (suspended), 14 days extra duty, and a reprimand.

b. On or about 15 Dec 98, our unit was notified that you wrote a check for insufficient
funds at the Vandenberg Air Force Base Commissary. As a result, you received a Letter of
Counseling (LOC), receipted for 23 Dec 98.

c. On or about 9 Mar 99, you wrote two checks ($100 and $48) to AAFES that were
returned due to insufficient funds. As a result, you received a Letter of Reprimand (LOR), dated
31 May 99. This LOR was added to your existing UIF.

d. On or about 9 May 99, you wrote a check to AAFES for $60.54 that was returned due
to insufficient funds. As a result, you received a LOR, dated 8 Jun 99. This LOR was added to

your existing UIF.

e. On or about 20 Jun 99, you were cited for being in violation of 22521 VC (parking
your POV on railroad tracks) and 30 SWI 31-701-19.8 (violation of road closure sign during
hours of darkness) which resulted in an accident with your vehicle and a train. As a result, you
received a LOR for this offense dated 10 Aug 99. This LOR was added to your existing UIF.

f. On or about 26 Sep 99, you wrote a check for the amount of $24.44 to the 76 Station in
Vandenberg Village that was returned due to insufficient funds. As a result, you received a LOR,

GUARDIANS OF THE HIGH FRONTIER
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dated 19 Oct 99. This LOR was added to your existing UIF.

g. On or about 6 Oct 99, you again wrote a check to AAFES and failed to maintain
sufficient funds to cover it. As a result, you received an LOR for this offense, dated 12 Oct 99.
This LOR was added to your existing UIF. .

h. On or about 10 Feb 00, you violated Article 134, UCMJ, by writing a check to Bill’s
Village for $28.45 and failing to maintain sufficient funds to cover the check. As a result, you
received nonjudicial punishment under Article 15, UCM, dated 25 Apr 00. Punishment
consisted of reduction to the grade of Airman First Class (suspended) and restriction to

Vandenberg Air Force Base for 30 days.

i. On or about 14 May 00, you violated Article 134, UCMJ, by writing a check to Burger
~ King for $5.45 and failing to maintain sufficient funds to cover the check. On or about 23 Aug
00, you violated Article 134, UCM], by writing a check to the Vandenberg Commissary for
$42.87 and failing to maintain sufficient funds to cover the check. As a result, you received
nonjudicial punishment under Article 15, UCMJ, dated 9 Oct 00. Punishment consisted of
reduction in rank to Airman First Class, forfeiture of $250.00 pay per month for 2 months
(suspended until 8 Apr 01) and restriction to Vandenberg Air Force Base California for 30 days.

3. This action could result in your separation with an Under Other Than Honorable Conditions
(UOTHC) characterization of service. Iam recommending that your discharge be characterized
as General, Under Honorable Conditions. The commander exercising special courts-martial
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. Furthermore, any special pay, bonuses, or
education assistance you have received may be subject to recoupment.

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 any or all of 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 building 13848 at
hours on for the examination.

6. Military legal counsel has been obtained to assist you. I have made an appointment for you to
consult GARMAN 3 the Arca Defense Counsel, Building 8500, ext. 6-3627/28, at

hours on . Instead of the appointed counsel, you may have
another, if the lawyer you request 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 duty days, 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 separation
authority with the case file to be considered with this recommendation. If you fail to respond
within 7 duty days without an approved extension, your failure will constitute a waiver of your

right to a board hearing.

8. Any personal information you furnish in rebuttal to this action is covered by the Privacy Act
of 1974. A copy of AFI 36-3208 is available for your use at the office of the Area Defense

Counsel, Building 8500.

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

10. The discharge board or, the discharge authority will make the finding and recommendations
required under 10 U.S.C. 2005(g).

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

Commander

 

Attachments:

~ J. AF Form 3070, dated 25 Oct 97
2. Letter of Counseling, dated 23 Dec 98 |
3. AF Form 1058, dated 23 Jun 99
4. Letter of Reprimand, dated 31 May 99
5. Letter of Reprimand, dated 8 Jun 99
6. AF Form 1058, dated 25 Aug 99
7. Letter of Reprimand, dated 10 Aug 99
8. AF Form 1058, dated 2 Nov 99
9. Letter of Reprimand, dated 19 Oct 99
10. Letter of Reprimand, dated 12 Oct 99
11. AF Form 3070, dated 17 Apr 00
12. AF Form 3070, dated 9 Oct 00