, AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB aiid
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEE: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE. OF [HE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
xX
xX
xX
xX
XxX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED 10 1HE BOARD |
A93.01 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
27 SUN 03 FD2003-0030 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

i

Pe a fee
APPLICANT'S ISSUE. AND THE BOARDS DECISIONAL RATIONAL ARE DISC UsbEW) 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 ORDER ; , SIGNATYRE OF BG

 
  

 

 

 

“PATE: 27 JUN 03

 

 

 
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

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

  

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0030

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 states that he was young and stupid during his time in the Air Force and that now he is
the father of two, the head of a household and the primary source of financial support for his family. The
record indicates the applicant received two Article 15s for failure to go and for wrongfully using marijuana.
He also received two Letters of Reprimand for being late for work and for being late for an appointment
wearing inappropriate attire. He also received five Records of Individual Counseling for being late for
work (5 times), violation of appearance standards, and for refusal to perform assigned duty and for being
disrespectful. The DRB recognized the applicant was 21 years of age when the discharge took place.
However, there is no evidence he was immature or did not know right from wrong. The Board opined the
applicant was older then the vast majority of first-term members who properly adhere to the Air Force’s
standards of conduct. The Board concluded the applicant’s 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
FD2003-00030
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 27 Mar 89 UP AFR 39-10,

Para 5-47a (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Oct 67. Enlmt Age: 18 4/12. Disch Age: 21 5/12. Educ: HS DIPL.
AFQT: N/A. A-35, E-72, G-55, M-75. PAFSC: 45234D - Tactical Aircraft &
Maintenance Specialist. DAS: 21 Jan 87.

b. Prior Sv: (1) AFRes 20 Feb 86 - 8 Sep 86 (6 Months 20 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 9 Sep 86 for 4 yrs. Svd: 2 Yrs 6 Mos 19 Das, all AMS.

b. Grade Status: AB - 28 Dec 88 (Article 15, 28 Dec 88)
AlC - 9 Jan 88
AMN - 9 Mar 87

c. Time Lost: None.

d. Art 15’s: (1) 28 Dec 88, Bergstrom AFB, TX - Article 112a. You, did,
on divers occasions, between on or about 1 Jan 87 and 1
Apr 87, wrongfully use marijuana. Reduction to AB, and
forfeiture of $100.00 pay per month for 2 months.
(No appeal) (No mitigation)

(2) 6 Jul 88, Bergstrom AFB, TX - Article 86. You, did, on
or about 24 Jun 88, without authority, fail to go at the
time prescribed to your appointed place of duty.
Suspended reduction to AMN, suspended forfeiture of
$100.00 pay per month for 2 months, and 30 days
correctional custody. (Appeal/Withdrawn) (No mitigation)

e@, Additional: LOR, 22 FEB 89 - Late for an appointment wearing
inappropriate attire.

STATEMENT, 24 JUN 88 - Late for duty, violation of dress
and appearance standards on
numerous occasions, and attitude
towards duty performance.

LOR, 08 APR 88 - Late for work.

RIC, 15 MAR 88 ~- Late returning from lunch.

RIC, 15 MAR 88 —- Late for work.

RIC, 29 JAN 88 —- Late for work.
FD2003-00030

RIC, 19 JAN 88 - Violation of appearance standards.

RIC, 03 SEP 87 - Refusal to perform assigned duty and
disrespectful.

STATEMENT, UNDATED - Repeatedly late for work.

ff. CM: None.

g. Record of SV: 8 Sep 86 - 8 Sep 87 Bergstrom AFB 8 (Annual)
9 Sep 87 - 8 Sep 88 Bergstrom AFB 8 (Annual)

(Discharged from Bergstrom AFB)
h. Awards & Decs: AFTR, SAEMR.

i. Stmt of Sv: TMS: (3) Yrs (1) Mos (8) Das
TAMS: (2) Yrs (6) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 Jan 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH
1. Applicant's Issues.

17Mar03/er
FD2003 -0002 2

03/01/15

te

To Whom It May Concern:

It is my request that my current discharge status of General Under Honorable Conditions be
upgraded to Honorable.

The reason for this request is that I currently have an opportunity to obtain employment at a very
prestigious company in the area and feel that this upgrade would significantly increase my
chances in securing the position.

The incident which occurred over ten years ago was a single occurrence and primarily due to
immaturity, as well as allowing myself to associate with and be influenced by the wrong type of
individuals. I made a conscious choice at that time to no longer involve myself with the activity
in question and have carried that conviction through to this very day.

1 am a father of two, head of household and the primary source of financial support for my
family. Due to a layoff from my most recent employer over six months ago, it is imperative that
J obtain employment suitable in meeting my family’s financial needs. The opportunity before
me is exactly that. My intense efforts at obtaining such employment over these past months has
proved extremely frustrating as the manufacturing industry has been one of the sectors hardest
hit by today’s struggling economy.

Your sincerest consideration and understanding of this request and the reasons supporting it are
greatly appreciated. Thank you in advance for your prompt attention to this matter.

Very truly yours,
FDP2O02-~O08 2D

03/01/15

?
ee

To Whom It May Concern:

I believe that my discharge was inequitable because it was solely based on one isolated incident
during my time of service which occurred 2.5 years prior to it actually being brought to my
attention and then investigated. This incident occurred due to my interactions with a specific
individual on one occasion. After that occasion I chose to no longer be in contact with that
individual and did not allow myself to be put into that position again. This incident did not repeat
itself during the remainder of my time of service.

When first approached about this infraction, it was difficult for me to even recall the individual
by name or to recall the actual incident my superiors were referring to because it was such a brief
encounter and more than 2 years prior. However, after considerable thought, I did vaguely
remember the incident and reiterated that, by personal choice, I no longer associated with that
individual after that one time of coming in contact with him as it would be detrimental to my
obligation to the US Air Force.

I feel that my record of service proves that | willfully and honorably intended to fulfill my
obligation with the United States Air Force to the best of my ability had it not been terminated
based on this one incident. | feel that my performance during my time duly notes my
commitment and effort put forth.

Your consideration of my honorable intensions, efforts and performance during my time of
service is sincerely appreciated. I look forward to a positive decision to change my discharge
from General Under Honorable Conditions to Honorable.

ank you.

SS
oo F 02.003 -00030
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 67TH TACTICAL RECONNAISSANCE WING (TAC)
BERGSTROM AIR FORCE BASE TX 78743-5001

 

REPLY TO

ATIN OF: 67 EMS /CCQ , , 6 MAR 1989

SUBJECT: Letter of Notification

To: 7a

 

i. I am recommending your discharge from the United States Air Force for A
Pattern of Misconduct-~Discreditable Involvement.with Military or.Civil
Authorities. The authority for this action is AFR 39-10, Section H, paragraph
5-47a. If my recommendation is approved, your service will be characterized as
honorable, general, or under other than honorable conditions. I am recommending
that your service be characterized as general.

2. The specific reasons for this action are:

a. On or about 3 September 1987, you refused to obey a lawfully given order

by a superior NCO. For tnis misconduct, you received a Letter of Counselling
(LOC).

b. On or about 19 January 1988, you reported to your duty section with your
personal appearance in violation of AFR 35-10. For this misconduct, you received
a LOC.

c. On or about 29 January 1988, you failed to go to your assigned place of
duty at the prescribed time. For this misconduct, you received a LOC.

d. On or about 14 March 1988, you failed to go to your assigned place of
duty at the prescribed time. For this misconduct, you received a LOC.

e. On or about 15 March 1988, you failed to return to your assigned place
of duty within the time limit permitted for lunch. For this misconduct, you
received a LOC.

f. On or about: 8 April 1988, you failed to go to your assigned place of
Guty at the prescribed time. For this misconduct, you received a Letter of
Reprimand (LOR). ~

g- On or about 24 June 1988, you failed to go to your assigned place of
duty at the prescribed time. For this misconduct, you received nonjudicial
punishment on 6 duly 1988.

h. Between on or about 1 January 1987 and 1 April 1987, you wrongfully used
marijuana. For this misconduct, you received nonjudicial punishment on 28
December 1988,

i. On or about 27 February 1989, you failed to go to a mandatory scheduled
appointment at the time prescribed as well as in improper attire. For this
misconduct, you received a LOR.

cVeadiness t4 Our (Pro ESSLON
FO 2002-0002 OD

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. If you are discharged, you will be ineligible for reenlistment in

the Air Force,

3. You have the right to consult legal counsel. Military legal counsel has
been obtained to assist you. You have an appointment to consult the Area
Defense Counsel (ADC) at Bergstrom AFB, Texas, Building 207 on 7 March 1989 at
0800. 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 within 3 days from
the date of this letter, unless you request and receive an extension for good
cause shown. I-will send them to the separation authority.

5. If you fail to consult counsel or to submit statements in your own behalf
within the 3 days, your failure will constitute a waiver of your right to do so.

6. You are scheduled to receive a medical examination at Physical Exams,
Bergstrom AFB, Hospital at 0730, on 9 March 1989.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, Attachment 6. A copy of AFR 39-10 is
available for your use at the Area Defense Counsel's Office, Building 207.

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

    

3 Atch
r, 67 EMS 1. Supporting Documents for the
Reason for Discharge
a. Ltr of Counselling (LOC),
dtd 3 Sep 87
b. LOC, dtd 19 Jan 88
LOC, dtd 29 Jan 88
LOC, dtd 15 Mar 88
LOC, dtd 15 Mar 88
LOR, dtd 8 Apr 88
AF Form 3070, dtd 6 Jul 88
AF Form 3070, dtd 28 Dec 88
. LOR, dtd 22 Feb 89
2. Other Supporting Derogatory
Documents

a. Statement ageiine

undated
b. Statement, simian
dtd 24 Jun 88 ©

3. Airman's Receipt of Letter
of Notification

asrwo mnDan
. 6 «© © 2 &

4