mere

 

 

   

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

  
   

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SRA | ee
PERSONAL APPEARANCE X RECORD REVIEW
] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
   

NONE

MEMBERS SITTING

 

 

 

 

 

 

 

 

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ISSUES INDEX NUMBER f iS
ORDER APPOINTING THE BOARD

A93.11, A94.05, A94.53 447.00

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

  
 

LETTER OF NOTIFICATION

  

 

 

    

  
  

HEARING DATE

03-05-28

CASE NUMBER
FD2003-00053

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

  

  

   

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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,

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

 

ANDREWS AFB, MP 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 right.

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for dishonorable failure to pay just debts. She had four verbal
counselings, two Letters of Counseling, two Letters of Reprimand, and two Articles 15. Her misconduct
included numerous instances of writing worthless checks and failure to pay the resultant debts to various
businesses, including the Army Air Force Exchange Service and Defense Commissary Agency. These
incidents of misconduct occurred during the period August 1992 to June 1997. Her punishment on the
second Article 15 was a suspended reduction. Although recommended to receive an under other than
honorable conditions discharge, at the time of the discharge, applicant submitted a conditional waiver to
receive a general discharge, which was approved. Additionally, applicant consulted counsel and submitted
a statement in her own behalf, admitting her misconduct but also noting she had made improvements in her
financial situation. She also noted several instances of exemplary performance and asked that those be
taken into consideration. The Board noted that in member was responsible for her actions of misconduct
and was held accountable for those. She was counseled repeatedly and given numerous opportunities to

improve her behavior but failed to respond to those rehabilitative efforts. No inequity or impropriety was
found in this discharge in the course of the records review.

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
FD2003-00052
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

. i. (Former SRA) (HGH SRA) .
MISSING DOCUMENTS & NO MEDICAL RECORDS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 15 Jul 97 UP AFI 36-
3208, para 5.50.4 (Misconduct - Dishonorable Failure to Pay Just Debts). Appeals
for Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Mar 68. Enlmt Age: 22 9/12. Disch Age: 29 4/12. Educ: HS DIPL.
AFQT: N/A. A-89, E-52, G-52, M-28. PAFSC: 3M051 - Services Journeyman.
DAS: 14 Sep 94.

b. Prior Sv: (1) AFRes 18 Dec 90 - 23 May 91 (5 months 6 days) (Inactive) .

(2) Enlisted as AB 24 May 91 for 4 yrs. Extended 9 Dec 93
for 17 months. Svd: 3 yrs 4 months 29 days, all AMS. AMN - 24 Nov 91. AIC - 24
Jun 93. EPRs: 3,3.

ART 15: 15 Oct 92, Gila Bend AF Aux Fld, AZ - Article 134. In that
you, did, at Gila Bend Air Force Auxiliary Field, Arizona
on or about 8 Aug 92, make and utter to Gila Bend Exchange,
a certain check in the amount of $10.35, dated 8 Aug 92,
drawn upon the Luke Federal Credit Union, made payable to
the order of Gila Bend Exchange, and signed semggugeeeeliea:

for the procurement of lawful currency and/or
‘things of value, and did thereafter dishonorably fail to
place and/or maintain sufficient funds in said credit union
for payment of said check in full upon its presentment for
payment. Article 134. In that you, did, at Gila Bend Air
Force Auxiliary Field, Arizona on or about 8 Aug 92, make
and utter to Gila Bend Commissary, a certain check in the
amount of $9.58, dated 8 Aug 92, drawn upon the Luke
Federal Credit Union, made payable to the order of AFO
DFAS-CO, and signed sieges for the
procurement of lawful currency and/or things of value, and
did thereafter dishonorably fail to place and/or maintain
sufficient funds in said credit union for payment of said
check in full upon its presentment for payment. Suspended
reduction to AB, 7 days extra duty, 45 days restriction
(restriction in excess of 38 days remitted 25 Nov 92).
(No appeal) (No mitigation)

3. SERVICE UNDER REVIEW:

a. Reenlisted as A1C 24 Oct 94 for 6 yrs. Svd: 2 Yrs 8 Mo 21 Das, all AMS.
b. Grade Status:

FD2003-00052

SRA - 24 Feb 95

c. Time Lost: None.

d, Art 15’s: (1) 28 Mar 97, Mountain Home AFB, ID - Article 134. You,

did, within the state of Idaho, on or about 2 Jan 97,
utter to Payday certain checks as follows: Check#646,
dated 2 Jan 97, for $120.50; check# 647, dated 2 Jan 97,
for $120.50, drawn upon the Pioneer Federal Credit
Union, made payable to the order of Payday, and signed

ttn, for the purpose of obtaining cash,

e. Additional: LOR,
VBC, 21 OCT 96 - Financial irresponsibility.
LOR,
VBC,
LOC,
NOTIF LTR, O/A 14 OCT 95 - Suspension of Charge Privileges

VBC,
VBC,
Loc,

—. CM: None.

g. Record of SV:

and did thereafter dishonorably fail to maintain
sufficient funds in said bank for payment of said checks
in full upon their presentment for payment. Suspended
reduction to AiC. (No appeal) (No mitigation)

06 JUN 97 - Financial irresponsibility.

08 OCT 96 - Financial irresponsibility.
20 SEP 96 - Financial irresponsibility.
01 MAY 96 - Financial irresponsibility.

for dishonorably failing to pay just debt.
22 SEP 95 - Financial irresponsibility.
06 SEP 95 - Financial irresponsibility.
O/A 28 NOV 94 - Failure to go.

24 Jan 94 - 30 Jun 94 Gila Bend Aux Fld 4 = (CRO)
O01 JUL 94 - 30 Jun 95 Mountain Home AFB 5 £(Annual)
O01 Jul 95 - 30 Jun 96 Mountain Home AFB 4 (Annual)

h. Awards & Decs:

i. Stmt of Sv:

TMS:

(Discharged from Mountain Home AFB)
AFAM, AFLSAR, AFTR, NDSM, AFGCM.

(6) Yrs (6) Mos (28) Das

TAMS: (6) Yrs (1) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 28 Jan 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2003-00052

ATCH
None.

2MAY03/ia
Fp 7803 - OOD SZ

DEPARTMENT OF THE AIR FORCE __
HEADQUARTERS 366TH WING (ACC)
MOUNTAIN HOME AIR FORCE BASE, IDAHO

 

{> SU OQ]

  

MEMORANDUM FOR #@@
FROM: 366 SVS/CC

SUBJECT: Notification Letter--Board Hearing

1. 1 am recommending your discharge from the United States Air Force for Misconduct,
specifically, Dishonorable Failure to Pay Just Debts, according to AFPD 36-32 and AFI 36-3208,
under the provisions of paragraph 5.50.4. Copies of the documents to be forwarded to the

separation authority to support this recommendation are attached.

2. My reasons for this action are:

a. On or about 27 Feb 97, you wrote a worthless check in the amount of $233.00 to the
Army and Air Force Exchange Service (AAFES) and, thereafter dishonorably failed to maintain
sufficient funds in your bank for payment of that check. Also, on or about 28 Feb 97, you wrote
another worthless check in the amount of $18.00 to AAFES and, dishonorably failed to maintain

sufficient funds in your bank for payment of that check. As a result, you received a letter of
reprimand (LOR) on 6 Jun 97. (Atch 1)

b. On or about 2 Jan 97, you wrote two worthless checks totaling $241.00 to the Pioneer
Federal Credit Union, and thereafter dishonorably failed to maintain sufficient funds in your bank
for payment of those checks. As a result, you received nonjudicial punishment under Article 15 of

the UCMJ on 29 Mar 97. (Atch 2).

c. On or about 14 Oct 96, you dishonorably failed to pay a just debt to AAFES. You were
60 days delinquent in your payments to AAFES for DPP and UCDDP accounts for $179.00, as
evidenced by a notification letter of impending involuntary collection action. As a result, you

were verbally counseled on 21 Oct 96. (Atch 3).

d. On or about | Oct 96, you dishonorably failed to pay a just debt to American Express.
You were over 60 days delinquent in the payment of your account in the amount of $274.78 with
a total amount due of $583.03. As a result, you received an LOR on 8 Oct 96. (Atch 4).

e. On or about 14 Sep 96, you dishonorably failed to pay a just debt to AAFES. You were
60 days delinquent in payments to AAFES for DDP and UCDPP accounts for $203.00, as
evidenced by a notification letter of impending involuntary collection action. As a result, you
were verbally counseled on 20 Sep 96. (Atch 5).

HAobal Power for America
Pp z003 — COOSA

f, On or about | May 96, you dishonorably failed to pay a just debt to AAFES and the
Mountain Home AFB Enlisted Club. You were 60 days delinquent in your payments to AAFES
for a DDP account and for a UCDPP account, and 60 days delinquent in your payment to the
Mountain Home AFB Enlisted Club. As a result, you recéived a letter of counseling on 1 May

96. (Atch 6).

g. On or about 14 Oct 95, you dishonorably failed to pay a just debt to AAFES in that you
were 60 days delinquent in your payments to AAFES for a DDP account for $100.00. As a
résult, the squadron received a notification letter of suspension of charge privileges. (Atch 7).

h: On or about 14 Sep 95, you dishonorably failed to pay a just debt to AAFES. You were 60
days delinquent in your payments to AAFES for a DDP account for $91.00, as evidenced by a
notification letter of suspension of charge privileges. As a result, you were verbally counseled on

22 Sep 95. (Atch 8).

i. On or about 14 Sep 95, you wrote three worthless checks totaling $120.00 to AAFES, and
thereafter dishonorably failed to maintain sufficient funds in your bank for payment of those
checks, as evidenced by a dishonored check notification. As a result, you were verbally counseled

on 6 Sep 95. (Atch 9).

3. This action could result in your separation with an under other than honorable conditions
(UOTHC) discharge. I am recommending you recetve a UOTHC discharge characterization. The
commander exercising SPCM jurisdiction or a higher authority will make the final deciston 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. Any special pay, bonus, or
education assistance funds may be subjected 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 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 the Physical
Examination Section at the hospital on Mountain Home AFB. Your scheduled medical

examination is on MofW/day, _/¢ Jun 97 at_/YQ0 hours. You must be in uniform. If you wear
glasses, wear them to the scheduled examination.
6, Military legal counsel, Qqiibenwnse. Area Defense Counsel (ADC), Mountain Home Air
Force Base, Idaho, (telephone: 828-2675), has been obtained to assist you. An appointment has

been scheduled for you to consult him at 0800 hours on oa) day, ZG Jun 97 at building 512.
Instead of the appointed counsel, you may have another, if the lawyer you request is in the active
military service and 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.

‘ee

7. Confer with your counsel and reply, in writing, within 7 workdays, 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 discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208, is available for your use in your orderly room.

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 the hearing.

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

    
 
  

err WA Major, USAF
mmander, 366th Services Squadron

   

Co

8 Attachments:

1, LOR, 6 Jun 97

2. Article 15, 27 Mar 97

_ 3. Involuntary Collection Action Notification, 14 Oct 96

. LOR, 8 Oct 96

. Involuntary Collection Action Notification, 14 Sep 96

. LOC, | May 96

. Suspension of Charge Privileges Notification, 14 Oct 95
. Suspension of Charge Privileges Notification, 14 Sep 95

Sen A ub