ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

GRADE AFSN/SSAN

ma |

 

 

   

TYPE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL uj.) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x.
_ VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC | OTHER DENY
a! x
iis x
en: X
anes x
cam. X

 

 

 

 

 

 

 

ISSUES INDEX NUMBER

A95.00 A67.10

      

HEARING DATE CASE NUMBER

1 JUL 03 FD2003-0056

Sco

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

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.

submit an application to the AFBCMR.

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED: AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

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

 

 

 

 

SIGNATURE OF RECORDER

 

INDORSEMENT

 
 
   

DATE: b JUL 03

 

 

 

TO:
SAF/MIBR

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

 

 

 
 
 

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 FD03-0056

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received
an Article 15 for willfully failing to take the practical test on the P-12 structural vehicle. In addition, he
also received two Letters of Reprimand for financial irresponsibility and failure to meet licensing deadline.
And, ten Records of Individual Counseling for driving an uninsured vehicle, violation of AFR 35-10 (four
times), failure to meet physical fitness standards, failure to comply with training requirements (three times),
being late for duty, and financial irresponsibility. The Board concluded the disciplinary infractions were a
significant departure from the conduct expected of all military members. The Board found no evidence of
impropriety or inequity in this case on which to base an upgrade of 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
FD2003-00056
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Jan 90 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 12 Dec 67. Enlmt Age: 20 0/12. Disch Age: 22 0/12. Educ: HS DIPL.
AFQOT: N/A. A-54, E-64, G-50, M-95. PAFSC: 57130 — Apprentice Fire Protection
Specialist. DAS: 8 Oct 88.

b. Prior Sv: (1) AFRes 22 Dec 87 - 25 Jan 88 (1 Month 4 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 26 Jan 88 for 4 yrs. Svd: 1 Yr 11 Mos 8 Das, all AMS.

b. Grade Status: A1C - 26 MAY 89
AMN - 26 JUL 88

c. Time Lost: None.

d. Art 15’s: (1) 8 Dee 89, K.I. Sawyer AFB, MI - Article 92. In that
you, who knew of your duties, on or about 25 Nov 89,
were derelict in the performance of those duties in that
you willfully failed to take the practical test on the
P-12 structural vehicle, as it was your duty to do.
Suspended reduction to AMN, suspended forfeiture of
$100.00, 14 days restriction, and 14 days extra duty.
(No appeal) (No mitigation)

e. Additional: LTR, 29 NOV 89 - Failure to meet training deadlines and to

progress in training.

LOR, 27 NOV 89 - Financial irresponsibility.

RIC, 24 SEP 89 - Financial irresponsibility.

RIC, 02 SEP 89 - Violation of AFR 35-10 standards.

LOR, 25 AUG 89 - Failure to meet licensing deadline.

RIC, 18 JUN 89 - Failure to meet training requirements.

RIC, 14 JUN 89 - Late for duty, bearing and behavior, and
violation of AFR 35-10 standards.

RIC, 14 JUN 89 - Late for duty and violation of AFR 35-10
standards.

RIC, 13 MAY 89 - Failure to comply with training
requirements. i

RIC, 28 APR 89 ~ Failure to meet physical fitness
standards.
FD2003-00056

RIC, 27 JAN 89 ~ Violation of AFR 35-10 standards.
RIC, 20 DEC 88 - Driving uninsured vehicle.

£. CM: None.

gq. Record of SV: 26 Jan 88 - 9 Feb 89 K.I. Sawyer AFB 8 (Annual)
10 Feb 89 - 25 Sep 89 K.I. Sawyer AFB 2 (Initial) REF

(Discharged from K.I. Sawyer AFB)

h. Awards & Decs: AFTR.

 

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (12) Das
TAMS: (1) Yrs (11) Mos (8) Das

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

NO ISSUES SUBMITTED

ATCH
None.

21Mar03/cr
REPLY TO
ATTN, OF:

SUBJECT:

TO;

a | P F0200?-000Sh

DEPARTMENT OF THE AIR FORCE

a
HEADQUARTERS 410TH BOMBARDMENT WING (SAG) £
K | SAWYER AIR FORCE BASE, MICHIGAN 49843-5000 *
4
*)
ee,

410 CES/CCE 13 DEC 1989

Notification Letter

A1C mmm: 410 ces

1% I am recommending your discharge from the United States Air Force for
misconduct, to wit: 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 general.

2. My reason for this action is:

a. On or about 25 November 1989, you were derelict in the performance of
your duties in that you willfully failed to take the practical test on the
P-12 structural vehicle, as it was your duty to do so, as evidenced by AF Form
3070 dated 8 December 1989.

b. Your violation of AFR 35-10 on or about 2 September 1989 when you
reported for duty in dire need of a haircut, as evidenced by LOC dated 2
September 1989,

c. Your noncompliance with meeting established suspenses when you failed
to meet the deadline of 15 August 1989 on being licensed on the P-12 vehicle,
as evidenced by LOR dated 25 August 1989 with attachments.

d. On or about 14 June 1989, you were counseled concerning your bearing
and behavior for being late for duty and violations of AFR 35-10, as evidenced
by LOC dated 14 June 1989.

e. On or about 14 June 1989, you reported to duty twenty-two minutes late
and in dire need of a haircut and mustache trim, as evidenced by LOC dated
14 June 1989.

f. On or about 25 January 1989, you stated. that you were going to get a
haircut, however on 26 January 1989, you reported to duty again in violation
of AFR 35-10, as evidenced by LOC dated 27 January 1989.

g. On or about 11 December 1988, you were seen driving your car which was
not fully insured. On or about 20 December 1988, you were verbally counseled
on the dangers of driving an uninsured vehicle along with the fines and

actions that can be taken against you, as evidenced by LOC dated 20

December 1988.

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 will be ineligible for

reenlistment in the Air Force.
Peace.... is our Profession

GONSTITUT Ing

“a,
\
3
is

Wren og
a A £22003-00056

3. swvu have the right to consult counsel. Military legal counsel has been

obtained to assist you. I have made an appointment for you to consult Capt
mM the Area Defense Counsel, at building 708, room 323, on
13. December 1989 at0945 hours. 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

18 December 1989 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,
your failure will constitute a waiver of your right to do so.

6 You have been scheduled for a medical examination. You are ordered to
report to the 410th Strategic Hospital, physical examination section, at
0900 hrs on 14 December 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 in the 410th CES Orderly Room.

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

   

Atchs

l. Supporting Documents:
a. AF Fm 3070, 8 Dec 89

b. LOC, 2 Sep 89
c. LOR, 25 Aug 89 w/atchs
d. LOC, 14 Jun 89
e. LOC, 14 Jun 89
f. LOC, 27 Jan 89
g. LOC, 20 Dec 88

2. Other Derogatory Data:
a. LOR, 27 Nov 89 w/atchs
b. Missed Deadline Ltr, 27 Nov 89

w/atchs

c. LOC, 24 Sep 89
d. Dish Ck Notif, 19 Sep 89
e. Med Exam Ltr, 8 Sep 89
f. Ed Eval Ltr, 8 Sep 89 w/atchs
g. LOC, 20 Jun 89
h. LOC, 18 Jun 89
i. LOC, 13 May 89 w/atch
j. LOC, 28 Apr 89
k. LOC, 22 Dec 88
1. LOC, 10 Nov 88 w/atchs

3. Amn's Receipt of Notif Ltr

 

,
Squadron Section Commander