4 AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
eae, SRA |.
TYPE eT
PERSONAL APPEARANCE X RECORD REVIEW
TGQUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ~~
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING TON GEN vOTHC OTHER DENY
Xx
X
X
X
xX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED. TO THE BOARD
A92.01; A92.03; A94,.53 A67,90 1 | ORDER APPOINTING THE BOARD

 

 

2 | APPLICATION FOR REVIEW OF DISCHARGE
3

|L.E!'TER OF NOTIFICATION

 

 

 

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HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
18 Jul 03 FD2003-00059 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,

ese
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 BOARD PRESIDEN

——

 
 
    

 

 

 

 

INDORSEMENT DATE: .18.JUL 03
TO: * FROM: —
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AEB, 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 FD2003-00059

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 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 states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other information contained in the records. They found the seriousness of
the willful misconduct offset any positive aspects of the applicant's duty performance. The Board
concluded the discharge was appropriate for the reasons that were the basis for this case.

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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00059
wan DEPARTMENT-OF -THE-AIER-FORCE ~~ mo ee
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

 

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 5S Mar 02 UP AFI 36-3208,
para 5.50.2 (Misconduct -Conduct Prejudicial to Good Order and Discipline.
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 10 Feb 80. Enimt Age: 18 1/12. Disch Age: 22 0/12. Educ: HS DIPL.
AFOT: N/A. A-80, E-80, G-82, M-59. PAFSC: 2A651A - Aerospace Propulsion
Specialist. DAS: 3 Mar 01.

b. Prior Sv: (1) AFRes 26 Mar 98 - 29 Jul 98 (4 Months 4 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enid as AB 30 Jul 98 for 6 yrs. Svd: 3 Yrs 7 Mos 4 Das, all AMS.

b. Grade Status: SRA - 12 Jan O01
Alc - (EPR Indicates): 30 Jul 98 - 29 Mar 00

c. Time Lost: None.
d. Art 15’s: None.

e. Additional: MFR, 08 FEB 02 ~ Financial irresponsibility.
LOR, 09 JAN 02 - Arrested for trespassing.
LOR, 0S DEC 01 - Financial irresponsibility.
MFR, 03 DEC O01 - Financial counseling.
LOR, 03 AUG 01 - Late for work.
RIC, 17 JUL 01 - Late for work.
MFR, 08 JUL 01 - Speeding.
LOR, 21 JUN 01 - Failure to go to a scheduled appointment.
LOA, 29 MAY 01 - Late for scheduled training.
RIC, 10 APR 01 - Operating a vehicle without wearing a
seatbelt.

£—. CM: None.
g. Record of SV: 30 Jul 98 - 29 Mar 00 Kadena AB 5 (Initial)
30 Mar 00 ~ 09 Dec 00 Kadena AB 5 ( CRO)
09 Dec 00 —- 08 Dec 01 Shaw AFB 3 (Annual)
(Discharged from Shaw AFB)

h. Awards & Decs: AFAM, AFTR, AFOSTR, AFOUA.
FD2003-00059

 

i. Stmt of Sv: TMS: (3) Yrs (11) Mos (8) Das
TAMS: (3) Yrs (7) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 May 03.
(Change Discharge to Honorable)

Issue 1: My undesirable discharge was unjust due to the lack of attention
my appeals received in regards to the emotional distress of my duties and
location. I believe I was unfairly profiled and denied the assistance I

requested.

Issue 2: The undesirable discharge does not take into account the
outstanding achievements of my first tour. I have included document 1,2,&3
displaying these achievements while at Kadena Air Base in Japan. The latter
represents personal difficulties I had faced with personelle (sic) at Shaw Air
Base in South Carolina. I did not recieve (sic) the assistance I requested when
problems began, instead I accepted assistance that was recommended by personelle

(sic) at Shaw which deemed ineffective.

ATCH
1. Air Force Achievement Medal.
2. Enlisted Performance Reports.

4Jun03/er
“PARTMENT OF THE AIR F:: RCE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

3 FLl2 O00 2 - WOU > 7

 

"36 Feb Ga

MEMORANDUM FOR a

FROM: 20 CRS

2

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for a pattern of misconduct —
conduct prejudicial to good order and discipline. The authority for this action is AFPD 36-32 Military
Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, chapter 5, section
H, paragraph 5.50.2. If my recommendation is approved, your service will be characterized as either
honorable or general. I am recommending that your service be characterized as general.

2, My reasons for this action are:

a. On or about 28 Dec 01, you demonstrated extremely poor judgment by trespassing on property
owned by Carolina Properties, which resulted in your arrest by the Sumter County Police. For this act of
misconduct, you received a letter of reprimand (LOR), dated 9 Jan 02.

b. On or about 16 Nov 01, you wrote two checks to an off base establishment knowing you did
not have sufficient funds in your account to cover your balance of approximately $900.00. For this act of
misconduct, you received an LOR, dated 5 Dec 01.

c. On or about 3 Aug 01, you failed to report for duty on time. For this act of misconduct, you
received an LOR, dated 3 Aug 01.

c, On or about 14 May 01, you failed to go to a dental appointment you had scheduled. For this
act of misconduct, you received an LOR, dated 21 Jun 01.

The documents listed above are attached at Tab 4.

3. In addition to the above reasons for discharge, your file also reflects two letters of counseling (LOC),
documenting you reporting late for work and you failing to obey and Air Force Directive. Two
memoranda for record, which document your placement and assignment to motivational flight. A letter
of admonishment documents you reporting late for a scheduled training event. An armed forces traffic
ticket documents you speeding 39mph in a posted 30mph zone. These documents are attached at Tab 4a.

4. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial 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 and will probably not be allowed to enlist in any other branch of the armed
forces.

Global Power For America
, : F'P260?~- 00089

5. You 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 Qiao Ar ea Defense Counsel, 895-9530, on

a Feb 02, at |040 hours. You may consult civilian counsel at your own expense. _
6. You have the right to submit statements in your own behalf. Any statements you want the separation
authority to consider must reach me within three days after receipt of the notification memorandum,
unless you request and receive an extension for good cause shown. I will send them to the separation
authority.

7. [fyou fail to consult counset or to submit statements in your own behalf, your failure will constitute a
waiver of your right to do so.

8. You must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, on
___ Feb 02 at hours for a medical examination.

9. 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 orderly room,

10. The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies
which you received, if any, if you separate before completing the period of active duty you agreed to
serve. This recoupment applies whether you voluntarily separate or are involuntarily separated,
Recoupment will apply regardless of the basis for involuntary discharge if the reason is not homosexual
conduct. The recoupment in all cases is an amount that bears the same ratio to the total cost provided to
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve. If
you dispute that you are indebted for educational assistance, a board or other authority will make findings
and recommendations concerning the validity of the indebtedness.

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

  

Squadron Section Commander

12 Attachments:

LOR, 9 Jan 02 w/attch (Tab 4) .
LOR, 5 Dec 01 w/atch (Tab 4)
LOR, 3 Aug 01 (Tab 4)

LOR, 21 Jun 01 (Tab 4)

MER, 8 Feb 02 (Tab 4a)

MER, 6 Aug 01 (Tab 4a)

MER, 6 Aug 01 (Tab 4a)

LOC, 17 Jul OL (Tab 4a)

LOA, 29 May 01(Tab 4a)

10. DD Form 1408, 23 May 01 (Tab 4a)
{1. LOC, 10 Apr 01 (Tab 4a)

12. Respondent’s Receipt of Notification (Tab 5)

2S Oe ie