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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

GRADE

AMN

AFSN/SSAN

 

TYPE

    

PERSONAL APPEARANCE

X RECORD REVIEW

 

 

 

COUNSEL _

YES NO
X

NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

  

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EMBERS SITTING

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ISSUES INDEX NUMBER

 
  
  
 

 

VOTE OF THE BOARD
HON GEN UVOTEC OTHER DENY
Xx
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Xx
Xx
X
X

 

 

 

 

 

 

 

EXHIBITS SUBMITTED TO: THE BOARD
ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

   
   

A94.05 A67.10

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HEARING DATE CASE NUMBER —
27 JUN 03 FD2003-0035

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BRIEF OF PERSONNEL FILE

 

 

COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

APPLICANT’ S18SUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON'THE ATTACHED AIR FORCE PISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

REMARKS

Case heard at Washington, D.C.

submit an application to the AFBCMR.

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

 

SIGNATURE OF RECORDER

 

 

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

 

 

SIDENT

a

  
 

DATE: 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

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0035

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 does not contest his discharge. He is under the impression that his discharge would be
automatically upgraded to Honorable after six months. The DRB noted the issue was common, the result of
miscommunication. While a discharge may be upgraded after six months, the upgrade is by no means
automatic. A discharge is upgraded only if the applicant and the DRB can establish an inequity or
impropriety took place at the time of discharge. In this case, none was found, so the Board denied the
appeal. The record indicates the applicant received an Article 15 for being derelict in the performance of
his duties and a Vacation action under the UCM] for wrongfully failing to maintain acceptable standards of
behavior and wrongfully failing to adhere to the proper dress and appearance set forth in Air Force
Regulations. In addition, he received five Letters of Reprimand for unsatisfactory performance,
unauthorized absence and failure to report to duty, financial irresponsibility, failure to go and for missing
call-in. He also received two Records of Individual Counseling for failure to call-in, not being available
during telephone standby, and a Memorandum for being late for duty on four consecutive days. 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
¥FD2003-00035

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

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Dec 93 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 25 Jun 74. Enlmt Age: 17 8/12. Disech Age: 19 5/12. Educ: HS DIPL.
AFOOT: N/A. A-94, E~77, G-78, M-74. PAFSC: 1A231 - Aircraft Loadmaster
Apprentice. DAS: 13 Nov 92.

4
b. Prior Sv: (1) AFRes 24 Mar 92 - 5 May 92 (1 month 12 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 6 May 92 for 6 yrs. Svd: 1 Yrs 6 Mo 28 Das, all AMS.

b. Grade Status: AMN - 6 Aug 93 (Article 15, Vacation, 21 Oct 93)
A1lC - 20 Jun 92

c. Time Lost: None.

d. Art 15’s: (1) 21 Oct 93, Travis AFB, CA ~ You, having knowledge of a
lawful order issued by LtCol ------ , to wit: a letter
dated 30 Jun 93, an order which it was your duty to
obey, did, between on or about 24 Sep 93 and on or about
6 Oct 93, fail to obey the same by wrongfully failing to
Maintain acceptable standards of behavior, by wrongfully
failing to complete all assigned tasks as specified by
your instructor, and by wrongfully failing to adhere to
the proper dress and appearance set forth in AFR 35-10.
Reduction to Airman. (No appeal) (No mitigation)

(2) 6 Aug 93, Travis AFB, CA - Article 92. You, who knew
of your duties, on 15 Jul 93, were derelict in the
performance of those duties in that you failed to call
in to your Squadron Scheduler between 1400 and 1600
hours, as it was your duty to do. Suspended reduction
to Airman. (No appeal) (No mitigation)

e. Additional: LOR, 12 OCT 93 - Unsatisfactory Performance.
LTR, 07 OCT 93 - Late for sick call, failure to complete an
assignment, and violation of AFR 35-10
standards.
MEMO, 16 JUL 93 - Late for duty on four consecutive days.
FD2003-00035

LOR, 30 JUN 93 ~- Unauthorized absence and failure to report
to duty on two occasions.

LOR, 04 JUN 93 - Financial irresponsibility.

LOR, 30 APR 93 - Failure to go.

LOR, 26 APR 93 - Missed call-in.

RIC, 21 APR 93 - Not available during telephone standby.

RIC, 08 FEB 93 - Failure to call-in.

£. CM: None.
g. Record of SV: None.

(Discharged from Travis AFB)
h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (1) Yrs (8) Mos (10) Das
TAMS: (1) Yrs (6) Mos (28) Das

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

Issue 1: Upon dismissal of the USAF, I was told by my out processer (sic)
that my discharge would become Honorable after 6 months from the date of my
discharge automaticly (sic). To the best of my knowledge this did not happen.
If my application is approved, please send me a new DD 214 with Honorable on it.
Thank you for reviewing this.

ATCH
None.

19MARO3/ia
FD ROO3 - OOOBS

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 60TH AIRLIFT WING (ANC)

FROM: 22 AS/CC 2 Nov 93

SUBJ: Notification Letter

TO: Ann (Cin, SR, 22 1s
1. I am recommending your discharge from the United States Air Force for
Misconduct, Minor Disciplinary Infractions. The authority for this action is
AFR 39-10, paragraph 5-46. If my recommendation is approved, your service
will be characterized as honorable, general or under other than honorable
conditions (UOTHC). I am recommending that your service be characterized as
general.

2. My reasons for this action are:

a. Between on or about 24 Sep 93 and 6 Oct 93, you failed to obey a
lawful order by wrongfully failing to maintain acceptable standards of
behavior, by wrongfully failing to complete all assigned tasks as specified
by your instructor, and by wrongfully failing to comply with AFR 35-10, as
evidenced by a 22 ALS/DOFB letter, dated 7 Oct 93. For this, prior nonjudicial
punishment of suspended reduction to the grade of Airman was vacated on
25 Oct 93.

b. You exceeded the time limit of the third extension granted to you for
initial upgrade training. Despite numerous self-study periods, as well as
supervised and instructed training sessions afforded to meet upgrade
requirements , you failed to obtain satisfactory progress: as evidenced by
your training history and a Loadmaster Training letter, dated 12 Oc
this, you received a Letter of Reprimand (LOR) from Major vcs
(previous Commander), dated 12 Oct 93, which was placed in your existing
Unfavorable Information File (UIF) on 14 Oct 93.

For

   
 

c. Qn or about 15 Jul 93, you were derelict in the performance of your
military duties, as evidenced by a 16 Jul 93 DOL training letter and four
memos~for-record. For this, you received an Article 15, dated 6 Aug 93 with
punishment of a suspended reduction to the grade of Airman; these documents
were placed in your existing UIF.

d. Between on or about 21 and 23 Jun 93, you failed to report to your
designated place of duty, and your whereabouts was unknown until you contacted
the squadron, and during this time you also failed to remain at your
designated place of duty. For these combined acts you received an LOR on
30 Jun 93, and it was placed in your existing VIF. You also were placed on
the control roster.

e. After you were counseled on 4 May 93, concerning financial-irresponsib-

ility, it was disclosed that you failed to pay your overdue Diners Club
charges, for which you received an LOR from Najor Sa

yon 4 Jun 93.
PpZeds~dece3S-

f. On or about 29 Apr 93, you failed to go to your financial management
appointment at the Family Support Center. (Similar incidents took place on 7
Dec 92, and 13 Jan 93.) For this, you received an LOR, dated 30 Apr 93.

g. In the past, you were counseled about an ongoing problem of not
calling-in between 1400-1600 hours every duty day (training section's policy).
On or about 22 Apr 93, you failed to call-in and your section was unable to
inform you of a scheduled appointment. This resulted in duplication of
appointments, and you received an LOR on 26 Apr 93.

h. On or about 21 Apr 93, you were not available during telephone standby
(0800. 1000 hours); Twice previously, you were verbally counseled for similar
incidents. Further, you were unable to fly a mission for lack of funds. For
these transgressions, you received a Record of Individual Counseling (RIC) on
that same date.

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 a higher authority will decide whether you will be discharged,
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.

4. You have the right to consult counsel. Military legal counsel has been

obtained to assist you. I e made an appointment for you to consult the
wee Defense Counsel, Capt , Bldg 163, ext. 4-4569, on 14 Nov 4 , at

§90* 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 by NLT

SMOV 93-_, at £2.40 hours unless you request and receive an
use shown.

extension for good ca I will send them 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
David Grant Medical Center at _01'\ 50 hours, on ? We Qe?

for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, attachment 2. A copy of AFR 39-10 is
available for your use in the orderly room.

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

     

: g Lt Col, USAF 1 Atch

Commander — 1. Supporting Documents for the
Reasons for Discharge

Vacation Action, 25 Oct 93

LOR, 12 Oct 93; UIF, 14 Oct 93

Article 15/UIF, 6 Aug 93

LOR/UIF, 30 Jun 93

LOR, 4 Jun 93

LOR, 30 Apr 93

LOR, 26 Apr 93

RIC, 21 Apr 93

Ste tht ao oD
*. o . s . . . .