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PERSONAL APPEARANCE
RECORD REVIEW
N \ M E O F COllhSEL AYD O R ORGAhIZATlOh
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MEMBER SITTING
VOTE OF THE BOARD
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EXHIBITS Si!BMITTED TO THE WAY
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGI.:
LETTER OF NOTIFICATION
IIE,\RING DATE
CASE NlibIBER
COUNSEL'S RFLEASE TO THE BOARD
I ADDITIONAL E?(HI8I'TS SUHMIlTED AT I'IME Ob
PERSONAL APPEARANCE
APPLICANT S ISSUE AND THE BOARD'S DECISIONAL RATlOMAI, ARE DI!XUSSER ON THE ATTACHED AIR FORCE D I S W ~ R E V T E W BOARDDECISIONALRATlONAtE
TAPE RECORDING Ob PERSONAL APPERANCIJ
8
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1 Case heard at Washington, D.C
Advise applicant of tlie decision oftlie Board, tlie right to a personal appearance witli/witliout cou~isel, and the right to
submit an application to tlie AFBCM R
TO:
SAFIMRBR
550 C STREET WEST. SUITE 40
RANDOLPH AFB. TX 781 50-4742
FROM:
SECRETAR) O F T H E AIR FORCE PERSONNELCOlfh( I L
41R FORCE DISCHARGE REVIEW BOARD
IS35 C O M M A N D DR. EE W ING.3RD FLOOR
4NDREHS AFB, hlD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
C A S E iri0hlBk.R
FD-2003-00028
GENERAL: The applicant appeals for upgrade of discharge to Honorable, and change of reason for discharge.
T'he applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews
AFB, MD on October 2,2003.
T'he following additional exhibits were submitted at the hearing:
Exhibit 6: Military pay statements (6) January - April 2000
Exhibit 7: Nassau Community College enrollment letter, 30 Sept 03
Exhibit 8: Reference letters (3)
Exhibit 9: Applicant's sumrnary of case
Exhibit 10: Copy of applicant-s request for early discharge, undated.
FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to Secretarial
Authority. Change of the reenlistment code is denied.
The Board tinds that evidence of record and that provided by the applicant substantiates an illjustice that justifies
upgrade of the discharge.
ISSUES: The applicant's issues are listed in the attached brief. The applicant contends his discharge was harsh and
that he was punished in fashion that was inconsistent with disciplinary actions applied to other airmen in his unit and
that he was unfairly treated and singled out by his supervisory chain. He identifies the circumstances surrounding his
financial problems as mitigating factors. He contends that the positive aspects of his service outweigh the negative
and also cites post service accomplishments as reflective of his overall character.
T'he applicant received 2 Articles 15 and a Letter of Reprimand for working an off duty job while on convalescent
leave, failure to pay a just debt and improperly initialing an aircraft maintenance document.
The Board noted the applicant's superior duty performance as reflected in enlisted performance reports including the
narrative comments in his final enlisted report that encompassed the period oftime during which he received his
Article 15's. The applicant's post service conduct reflects positively on his character. After reviewing the records and
listening to testimony. the Board concluded that the applicant's punishments were harsh and not rehabilitative in
nature and that the applicant's discharge was in turn too harsh. The Board opined that the misconduct, partially
mitigated by legitimate circumstances, minimally supported discharge and that probation and rehabilitation would
have been a Inore appropriate course of action for an otherwise outstanding duty performer. Although not specifically
requested, the Board also considered whether to upgrade the applicant's reenlistment code and decided to deny R E
code upgrade based on the totality of the case.
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. However evidence of the
record and testimony finds the discharge inequitable arid service deserving of characterization as honorable.
In view of the foregoing findings the Board further concludes that there exists an equitable basis for upgrade of
discharge, thus the applicant's discharge should be changed to Honorable, and the reason changed to Secretarial
Authority.
Attachment
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS
(Former AMN) (HGH A1C)
1. MATTER UNDER REVIEW: Appl recrd a GEN Disch fr USAF 3 Nov 00 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.
2. BACKGROUND:
a. DOB: 21 Sep 74. Enlmt Age: 22 11/12. Disch Age: 26 1/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-77, G-88, M-50. PAFSC: 2A431 - Aircraft Guidance & Control
Apprentice. DAS: 29 May 98.
b. Prior Sv: (1) AFRes 29 Aug 97 - 23 Sep 97 (26 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 24 Sep 97 for 4 yrs. Svd: 3 Yrs 1 Mo 11 Das, all AMS.
b. Grade Status: AMN - 27 Sep 00 (Article 15, 27 Sep 00)
A1C - (EPR Indicates) : 24 Sep 97-23 May 99
AMN - 24 Mar 98
c. Time Lost: None.
d. Art 15's: (1) 27 Sep 00, Dover AFB, DE - Article 134 - You, being
indebted to Doctor - - - - - - - - - in the sum of $1,099.39 for
surgery for a herniated disc, which amount became due
and payable on or about 10 Feb 00, did, from on or about
10 Feb 00 to on or about 13 Sep 00, dishonorably fail to
pay said debt. Reduction to AMN. (No appeal) (No
mitigation)
(2) 7 Mar 00, Dover AFB, DE - Article 92. You, who should
have known of your duties, between on or about 15 Jan 00
and on or about 16 Feb 00, were derelict in the
performance of those duties in that you willfully failed
to refrain from working your part-time job at - - - - - - - - -
while on convalescent leave, as it was your duty to do.
Suspended reduction to AMN, and 45 days extra duty.
(No appeal) (No mitigation)
e. Additional: LOR, 2 OCT 00 - Dereliction of duty.
P
f. CM: None.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 4 3 6 ~ H AIRLIF~ W ~ N G (AMC)
,GD2003 - 0 0 ~ 2 ~
EROM: 436 AGSICC
SLBJECT: Notification Memorandum
1. I an 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 you are
discharged, your discharge will be characterized as honorable or general. I am recommending that your
service be characterized as general.
2. My reasons for this action are:
a. You, who should have known of your duties, at or near Dover Air Force Base, Delaware, on or
about 25 September 2000, were derelict in the performance of those duties in that after you completed a
repair on a madar power switch, you signed off the repair in the AFT0 781A forms. You signed off the
corrected by block and then signed off the symbol. The write-up was written on a Red X, which you
were not authorized to sign off. IAW TO 00-20-1, para 3-2.6 and 3-2.6.1, only inspectors authorized to
clear Red X entries may do so. For this you received a Letter of Reprimand, dated 2 October 2000.
b. You, being indebted to
n the sum of $1,099.39 for surgery for a
herniated disc, which amount became due and payable on or about I0 February 2000, did at or near
Dover , Delaware, from on or about 10 February 2000 to on or about 13 September 2000, dishonorably
fail to pay said debt. For this you received an Article 15, dated 27 September 2000. Your punishment
was a reduction to the grade of Airman. This action was placed in your Unfavorable Information File.
c. You, who should have known of your duties, at or near Dover, Delaware, between on or about 15
January 2000 and on or'about 16 February 2000, were derelict in the performance of those duties in that
you willfully failed to refrain from working your part-time job at Bank of America while on convalescent
leave, as it was your duty to do. For this, you received an Article 15, dated 7 March 2000. Your
punishment was a suspended reduction to the grade of Airman and 45 days extra duty. The action also
led to the establishment of an Unfavorable Information File.
Copies of the documents to be forwarded to the separation authority in support of this recommendation
are attached. The commander exercising SPCM jurisdiction or a higher authority will decide whether
you will be discharged or retained in the Air Force and, if you are discharged, how your service will be
characterized. If you are discharged, you will be ineligible for reenlistment in the Air Force.
3. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have
, the Dover Air Force Base Area Defense Counsel,
made an appointment for you to consult
at x-6995, Bldg. 261,3rd Floor, on 17 October 2000 at 0830 hours. You may consult civilian counsel at
your own expense.
4. You have the right to submit statements in your own behalf. Any statements you want the separation
authority to consider must reach me by
receive an extension for good cause shown. I will send them to the separation authority.
, (3 duty days) unless you request and
I 9 4 bc-7 o
5. 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.
1 .
6. You have been scheduled for a medical examination. You must report to Physical Exams in the Flight
Surgeons office, Building 305, X-2553, at ~ ~ C h o u r s
6p for the examination with
on & 6
0
Please report to the Flight Surgeons office 1 hour prior to this appointment to fill out the
proper documents. If you have any questions or need to reschedule this appointment, please call TSgt
Grubb at ext. 2659.
7. Any personal informiation 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.
Attachments:
1. Supporting Documents:
a. Letter of Reprimand, dated 2 October 2000, with supporting evidence
b. Article 15, dated 27 September 2000, with supporting evidence
c. Article 15, dated 7 March 2000, with supporting evidence
d. Unfavorable Information File Summary
2. Airman's Receipt of Notification Memorandum
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