AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

4

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

*,

cin, | AB aioe

TYPE
PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

 

 

 

 

 

 

 

 

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING TON GEN UOTHC OTHER DENY |

 

 

 

Le x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Xx
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XxX
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ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A93.01 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
18 Jul 03 FD2003-00055 COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE. DISCUSSED 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.

  

 

 

RE OF RECORDER SIGNATURE OF BOARD PRESIDEA)

     

INDORSEMENT.

   
 

DATE: 18 JUL 03

 

FROM:

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, 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

FD2003-00055

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.

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, change of reason for discharge and change of RE code are denied.

The board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

Issue. Applicant contends that he should not be penalized indefinitely for a mistake he made when young.
The DRB recognized the applicant was 18 years of age when the discharge took place. However, there is
no evidence he was immature or did not know right from wrong. The DRB concluded that the
characterization of the applicant’s discharge was appropriate due to the misconduct.

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/change of reason for discharge and change of RE code, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FD2003-00055

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

See (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 19 dec 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, and Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 4 May 84. Enlmt Age: 17 9/12. Disch Age: 18 7/12. Educ: HS DIPL.
AFOT: N/A. A-74, E-74, G-52, M-59. PAFSC: 2A313B - Tactical Aircraft

Maintenance Helper. DAS: 2 Sep 02.

b. Prior Sv: (1) AFRes 8 Feb 02 ~ 28 May 02 (3 Months 21 Days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enld as A1C 29 May 02 for 6 yrs. Svd: 0 Yrs 6 Mos 21 Das, all AMS.

b. Grade Status: AB - 18 Nov 02 (Article 15, 18 Nov 02)
AMN - 21 Oct 02 (Article 15, 21 Oct 02)

c. Time Lost: None.

d. Art 15's: (1) 18 Nov 02, Sheppard AFB, TX - Article 92. You, who
knew or should have known of your duties, on or about 4
Nov 02, were derelict in the performance of those duties
in that you willfully failed to complete the 14 days
correctional custody, as it was your duty to do. You,
who knew or should have known of your duties, on or
about 4 Nov 02, were derelict in the performance of
those duties in that you willfully failed to wear the
proper rank on your military uniform, as it was your
duty to do. Reduction to AB, forfeiture of $552.00 pay
per month for 2 months, and a reprimand. (No appeal) (No
mitigation)

(2) 21 Oct 02, Sheppard AFB, TX - Article 121. You did, on
or about 23 Sep 02, steal a compact disc, of a value of
about $12.95, the property of the Army and Air Force
Exchange Service. Article 107. You did, on or about 23
Sep 02, with intent to deceive, sign an official written
statement, to wit: that you purchased a "Dr. Dre"
compact disc, which statement was totally false, and was
then known by you to be so false. Reduction to AMN, 14
days correctional custody, and a reprimand. (Appeal/
Denied) (No mitigation)
FD2003-00055

e. Additional: AETC FM 341, 12 NOV 02 - Late for accountability.

AETC FM 341, 08 NOV 02 —- Unable to determine reason.

AETC FM 341, 05 NOV 02 - Uniform violation.

MEMO, 02 NOV 02 - Failure of complete correctional custody
due to negative and defensive attitude.

RIC, 04 NOV 02 - Failure to obey instructions and lying to
an NCO.

RIC, 04 NOV 02 — Departed confinement without receiving
permission.

RIC, 29 OCT 02 - Failure to follow instructions by wearing
incorrect grade.

RIC, 26 OCT 02 - Unacceptable behavior by using profanity.

LOR, 25 SEP 02 - Unauthorized passenger on bus.

LOC, 13 SEP 02 - Unauthorized passenger on bus.

f. CM: None.
g. Record of SV: None.

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

i. Stmt of Sv: TMS: (0) Yrs (10) Mos (12) Das
TAMS: (0) Yrs (6) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Feb 03.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

Issue: I want another chance to serve in the Air Force. I am mentally and
| morally prepared. Please consider that I am only eighteen years of age and
believe that I am an asset to the Air Force. As well as that I felt highly
discriminated,

ATCH
1. DD Form 149.

21Mar03/cr
F22003- 000 Ss-

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR AB QQ ONIN SS2 TRS DEC 1 6 2007

FROM: 362 TRS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for minor displinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph(s) 5.49. If
my recommendation is approved, your service will be characterized as honorable or under
honorable conditions (general). I am recommending that your service be characterized as under

honorable conditions (general).

2. My reasons for this action are:

a. You, who knew or should have known of your duties at or near Sheppard Air Force
Base, Texas, on or about 4 November 2002, were derelict in the performance of those duties in
that you willfully failed to complete the 14 days correctional custody, as it was your duty to do.
For this misconduct and subparagraph “‘b”. below, you received Article 15 punishment on 18
Nov 02

b. You, who knew or should have known of your duties at or near Sheppard Aur Force
Base, Texas, on or about 4 November 2002, were derelict in the performance of those duties in
that you willfully failed to wear the proper rank on your military uniform, as it was your duty to
do.

c. You did, at or near Sheppard Air Force Base, Texas, on or about 23 September 2002,
steal a compact disc, of a value of about $12.95, the property of the Army and Air Force
Exchange Service. For this misconduct and subparagraph “d”, you received article 15
punishment on 21 Oct 02.

d. You did, at or near Sheppard Air Force Base, Texas, on or about 23 September 2002,
with intent to deceive, sign an official written statement, to wit: that you purchased a “Dr. Dre”
' compact disc, which statement was totally false, and was then known by you to be so false.

e. You, who knew or should have known of your duties at or near Sheppard Air Force
Base, Texas, on or about 23 September 2002, were derelict in the performance of those duties in
that you willfully rode the bus without a bus pass, as it was your duty not to do. For this
misconduct you received a Letter of Reprimand (LOR) on 25 Sep 02.
-E-P200 2 - QOOEL

DEC 2 6 pane

f. You, who knew or should have known of your duties at or near Sheppard Air Force
Base, Texas, on or about 13 September 2002, were derelict in the performance of those duties in
that you willfully rode the bus without a bus pass, as it was your duty not to do. For this
misconduct you received a Letter of Counseling (LOC) on 13 Sep 02.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or 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 and will probably. be denied enlistment mn any component of the
armed forces. Any special pay, bonus, or education assistance funds may be subject to
recoupment.

3. You have the nght to consult counsel. Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consul gggaiipam at building 1638 on _/7 fecaz at
(0906 hes. 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 PEG 1 § 2002unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

_5. Ifyou 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 82d Medical
Group, Bldg 1200, Physical Examinations, at J530 hrs on _/6 Dee 02.

7, 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 the Commander’s Support Staff Office.

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

  

LT COL, USAF
Commander, 362 Training Squadron

See (Attachments) on the next page
aw, £022.08 2 ~ 0008

Attachments: : _ DEG 1 6 2002
. AF Form 3070, 18 Nov 02
Response to Article 15, 15 Nov 02

AF Form 1168, MS ete Nov 02

82 SFS/CCB Memo, 4 Nov 02

Correctional Custody Record of Individual Counseling, 4 Nov 02

Correctional Custody Record of Individual Counseling, 4 Nov 02

MER, SSgigffliies 2 Nov 02

Correctional Custody Record of Individual Counseling, 29 Oct 02

Correctional Custody Record of Individual Counseling, 26 Oct 02
AF Form 3070, 21 Oct 02

. Appeal to Article 15, 22 Oct 02

362 TRS/CC Memo, 30 Oct 02

. AF Form 3545, 02-10-0002 w/S5 atch

. AF Form 1168, A1 CQIRMRZ7 Sep 02

. LOR, 25 Sep 02

LOC, 13 Sep 02

. AETC Form 341, 12 Nov 02

. AETC Form 341, 8 Nov 02

. AETC Form 341, 5 Nov 02

AETC Form 125A, _ 16 Dec 02
. Student Training Report, 02164

. MER, Mr. MMP Dec 02 Wa

. Airman’s Receipt to Notification Memorandum

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