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& AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

"NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
eee a AB enn era Ses
TYPE
PERSONAL APPEARANCE X RECORD REVIEW

: oe 4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

 

 

 

 

 

 

 

 

 

 

ee VOTE. OF THE BOARD!"
: a : 7 sates TER oe vite,
MEMBERS SITTING , HON GEN UOTHC OTHER DENY
xX
xX
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X
xX
ISSUES INDEX NUMBER Suet SEXAIRITS SUBMITTED TO: THE BOARD
A93.01 A67.30 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
; 3 (| LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
9 APR 03 FD2003-0037

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
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 T SIGNATIRE OF BOARD PRESIDENT

     
  

DATES APR 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

 

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 FD03-0037

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 contends that he should not be penalized indefinitely for a mistake he made when
young. The record indicates the applicant received an Article 15 for: with intent to defraud, falsely pretend
to AT & T operators that certain telephone numbers were his home telephones and that he was authorized to
charge long distance telephone calls to these numbers. He also received a Letter of Reprimand for being
drunk on station and disorderly conduct and had his on-base driving privileges revoked due to driving with
a suspended license. 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 DRB concluded that the characterization of the applicant’s discharge was
appropriate due to the misconduct. 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.

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
1. MATTER UNDER REVIEW:

FD2003-00037
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

Appl rec’d a GEN Disch fr USAF 9 Feb 88 UP AFR 39-10,

para 5-49d (Misconduct - Commission of a Serious Offense). Appeals for Honorable

Disch.

2. BACKGROUND:

a. DOB: 3 Oct 66.
AFQT: N/A. A-28, E-~62,
DAS: 7 Oct 86.

b. Prior Sv:

3. SERVICE UNDER REVIEW:

a.

b.

Enlmt Age: 19 5/12. Disch Age: 21 4/12. Educ: HS DIPL.
G~44, M-+71. PAFSC: 42652 - Jet Engine Mechanic.

(1) AFRes 4 Mar 86 - 22 May 86 (2 Months 19 Days) (Inactive).

Enld ag AB 23 May 86 for 4 yrs. Svd: 1 Yrs 8 Mos 18 Das, all AMS.

Grade Status:

Time Lost:

Art 15’s:

AB - 30 Nov 87 (Article 15, 30 Nov 87)
Alc - 23 Sep 87
AMN - 23 Nov 86

None.

(1) 30 Nov 87, Loring AFB, ME - Article 134. You, did,

between on or about 19 Aug 87 and on or about 18 Oct 87,
with intent to defraud, falsely pretent to -----~-
Communications Operators either that the Government
telephone numbers were
your home telephones or that you were authorized to
charge long distance telephone calls to these numbers,
then knowing that the pretenses were false, and by means
thereof did wrongfully obtain ----~- Communications
services of a value in excess of $100.00, to wit: long
distance telephone calls. Reduction to AB, forfeiture
of $150.00 pay per month for two months, and 45 days
extra duty. (No appeal) (No mitigation)

Additional: LTR, 29 SEP 87 - Revocation of On-Base driving privileges

CM: None.

due to driving with a suspended license.

LOR, 27 Feb 87 - Drunk on station and disorderly conduct.

Record of SV: 23 May 86 - 22 May 87 Loring AFB 8 (Annual)

(Discharged from Loring AFB)
FD2003-00037

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (11) Mos (6) Das
TAMS: (1) Yr (8) Mos (18) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 10 dan 03
(Change Discharge to Honorable)

Issue 1: I am requesting that my discharge from the Air Force be upgraded
from General to Honorable. At the time of my discharge, I was a 20 year old kid
away from home for the first time. There was nothing in my background or
upbringing to prepare me for service life in the desolate conditions of Loring
A.F.B. in Maine. I was a flight line jet engine mechanic working out in the
harsh elements. I made several attempts to get a transfer out of that area but
was denied. I was young and immature, and that is refected (gic) in the
decision that I made at the time to leave the Air Force.

Issue 2: I have spent the past 6 yearg as a civilian contract mechanic to
the Army National Guard. I regret the decision I made years ago not to satisfy
the terms of my enlistment. It is embarassing to have the mistake I made as an
immature kid follow me around to this day. My success today is direct result of
the tools that the Air Force provide (sic) me back then. It is my regret that I
was too young to appreciate it at the time. My record will show that I was an
outstanding and hard working Airman. My dissatisfaction with my location never
affected my work product or work ethic. I have learned alot (sic) since then
and would change the past if I could, but since that is not an option, I am
asking for my discharge to be upgraded.

Issue 3: I greatly appreciate the time that will be taken to review my
request.

ATCH
None.

19Mar03/cr
REPLY To
ATTN OF:

SUBJECT:

TO:

DEPARTMENT OF THE AIR FoRcE £i72002- 02 002?

HEADQUARTERS 42D BOMBARDMENT WING (SAC)
LORING AIR FORCE BASE, MAINE 04751-5000

42 OMS/CC 26 ‘Jan ivug

Letter of Notification

\: er,

1. | am recommending your discharge from the United States Air Force
for the Commission of a Serious Offense, Other Serious Offenses, The
authority for this action is AFR 39-10, paragraph 5-49d. if my
recommendation is approved, your service will be characterized as either

honorable or general. f am recommending that your service be
characterized as general,

2. My reason for this action is your commission of a serious offense
and minor disciplinary infractions:

a. You did, at Loring Air Force Base, Maine, between on or about I9
August [987 and on or about 18 October 1987, with intent to defraud,
falsely pretend to AT&T Communications Operations either that the
Government telephone numbers , Were your
home telephones or that you were authorized to charge long distance
telephone calls to these numbers, then knowing that the pretenses were
false, and by means thereof did wrongfully obtain AT&T Communications
services of a value in excess of $100.00, to wit: long distance
telephone calls. This is evidenced by the Article !5 you received on 30
Nov 87, and the attached Security Police Report of Investigation
#245/G-9, at attachment |.

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 wil! be
ineligible for reenlistment in the Air Force.

3. You have the right to consult counsel. Military legal counsel has
been obtaiped to assist you. | have made an appointment for you to
consult ee ye at Building 4000 on

___ ADA sy. at ___ O3@O__. You may consult civilian counsel at

your own expense.

UNITED STATES AIR FORCE

SEPTEMBER 18, 1947
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 29 5n0 #8 unless you request and receive an extension for good

cause shown. [| will send them to the separation authority.
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.

6. You have been scheduled for a medical examination. You must report
to the Physical Exam Unit, USAF Hospital, Loring 0700 _ on

_B26TAVES_ for the examination.

7. Any personal information you submit in rebuttal is covered by the
Privacy Act as explained in AFR 39-10, Atch 6. A copy of AFR 39-10 is
available for your use at 42d OMS Orderly Room. 2

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

3 Atchs

 

{. Article 165, dated
30 Nov 87, w/Report

of Investigation
#245-G9.

2a. Letter of Reprimand, .
dtd 27 Feb 87, w/Incident
Report #02-177-87.

2b. Ltr, 42 CSG/CD,
acknowledged 29 Sep 87,
with Incident Report
#09-830-87. ~

3. Airman’s Receipt of
' Letter of Notification.

LE09G -Fe0¢gi