AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 
   
 
   
   
        
    
   
    
 

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PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

INDEX NUMBER

A67.10

HEARING DATE

22 JUL 03

  

CASE NUMBER

FD2003-00074

Case heard at Washington, D.C.

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

submit an application to the AFBCMR.

SIGNATURE OF R

SAF/MIBR

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

AFHQ FORM 0-2077, JAN 00

  

(EF-V2)

 

 

GRADE AFSN/SSAN

X RECORD REVIEW

 

AMN

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

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

 

SIGNATURE OF BOARD PRESIDE IT

—

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

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 minor disciplinary infractions. He had two Letters or Records of
Individual Counseling, five Letters of Reprimand, an Article 15, and an Unfavorable Information File. He
was also placed on the Control Roster and had an Enlisted Performance Report rated an overall “3.” His
misconduct included five occasions of failure to go, failure to pay just debts, operating a privately owned
vehicle without the required permit, and abandoning a privately owned vehicle on which he still carried a
loan. At the time of the discharge, member consulted counsel but waived his right to submit statements in
his own behalf. The Board noted member was the same age as other airmen who had adhered to the
standards when his misconduct occurred, and he knew right from wrong. He was counseled in an effort to
help him correct his deficiencies and had several opportunities to improve his behavior. He failed to
respond to those rehabilitative efforts. He was responsible for his actions, and therefore held accountable
for them. 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
FD2003-00074
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH Alc)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Apr 99 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 3 Aug 77. Enlmt Age: 19 6/12. Disch Age: 21 8/12. Educ: HS DIPL.
AFOT: N/A. A-76, E-41, G-32, M-27. PAFSC: 28032 - Supply Systems Analysis
Apprentice. DAS: 31 May 98.

b. Prior Sv: (1) AFRes 20 Feb 97 - 13 May 97 (2 Months 24 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a.  Enld as A1C 14 May 97 for 4 yrs. Svd: 1 Yr 11 Mos 16 Das, all AMS.

b. Grade Status: AMN - 5 Apr 99 (Article 15, 5 Apr 99)

ec. Time Lost: None.

d. Art 15’s: (1) 5 Apr 99, RAF Mildenhall, UK - Article 86. You did, on
18 Mar 99, without authority, fail to go at the time
prescribed to your appointed place of duty. You did, on
24 Mar 99, without authority, fail to go at the time
prescribed to your appointed place of duty. Reduction
to AMN. (No appeal) (No mitigation)

e. Additional: LOR, 07 APR 99 - Financial irresponsibility, late returning
from lunch, and downloading inappropriate
image on a government computer.

LOR, 15 JAN 99 - Late for work.

RIC, 15 JAN 99 - Financial irresponsibility.

LOR, 08 JAN 99 - Late for work.

LOR, 28 DEC 98 - Failure to pay a debt and to follow
directions. ;

LOR, 22 OCT 98 - Failure to follow instructions and driving
without required permit.

LOC, 15 JUN 98 - Financial irresponsibility and gross
misconduct.

f. CM: None.

g. Record of SV: 14 May 97 - 15 Oct 98 RAF Mildenhall 3 (Dir by HAF)

(Discharged from Seymour Johnson AFB
FD2003-00074

h. Awards & Decs: AFTR.

1. Stmt cf Sv: TMS: (2) Yrs (2) Mos (10) Das
TAMS: (1) Yrs (11) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Feb 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH
None.

2 Apr 03/cr
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~ DEPARTMENT OF THE AIR FORCE ©
UNITED STATES AIR FORCES IN EUROPE

 

8 April 1999

MEMORANDUM FOR A MNGi 00

SUPPLY SQUADRON
FROM: 100 SUPS/CC

“SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for Misconduct-Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, Section
H, Paragraph 5.49. If my recommendation is approved, your service will be characterized as
honorable or general (under honorable conditions). I am recommending that your service be
characterized as general. °

2. My reasons for this action are:

a, On or about 3 June 1998, it was discovered that you had abandoned your vehicle at
Sheppard AFB, TX. This vehicle was repossessed by the lien holder in May 1998. For your
financial irresponsibility, you received a Letter of Counseling, dated 15 June 1998.

b. On 20 October 1998, it was discovered that you were operating a privately owned vehicle
without a USAFE Form 374, USAFE Driving Permit. In addition, you failed to follow the
instruction of your section superintendent weeks before to get your driving permit issued. Asa
result, you received a Letter of Reprimand, dated 22 October 1998. An Unfavorable Information
File (UIF) was also established.

c. On 9 December 1998, it was discovered that you had failed to pay a taxi chit. In addition,
when directed to pay this debt immediately, you failed to do so, For your misconduct, you were
given a Letter of Reprimand, dated 28 December 1998. This was placed in your existing UIF
and you were also placed on the control roster.

d. On 23 December 1998, you failed to report for duty as the fuels escort monitor at the time
prescribed. For your failure, you received a Letter of Reprimand, dated 8 January 1999. This
was also placed in your existing UIF.

e, On or about 25 November 1998, you received a letter from Keesler Federal Credit Union
informing you that you had wrote four checks that were returned for insufficient funds. For your
misconduct, you received a Record of Individual Counseling, dated 15 January 1999.

f. On 11 and 12 January 1999, you failed to report for duty as a Remote Processing Station
Operator at the time prescribed. As a result, you received a Letter of Reprimand, dated 15
January 1999, This was also filed in your existing UIF.

g. On 18 March 1999, you failed to go at the time prescribed to your appointed place of
duty. On 24 March 1999, you failed to go at the time prescribed to your appointed place of duty.
For this violation, you received nonjudicial punishment under Article 15, UCMJ, dated 5 April
| F200? -~e&Ho TY

1999. As a result of the nonjudicial punishment, you received a reduction to the grade of
Airman. Your Article 15 was placed in your existing UIF.

h. On or about | April 1999, in a letter from AAFES, your account was listed as being two
months past due. Additionally on this day, you failed to return from your lunch break on time.
You were also accessing the World Wrestling Federation website and downloaded an
inappropriate image to your government computer. For your misconduct, you received a Letter
of Reprimand, dated 7 April 1999.

“3. 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. If you are
discharged, you will be ineligible for reenlistment in the Air Force.

4, You have the right to counsel. Military legal counsel has been obtained to assist you. I have
made an appointment for you-to consult Cap@JM rea Defense Counsel, at building 976,
RAF Lakenheath, DSN 226-3608 on Friday, 9 April 1999 at 0900 hours. —

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 13 April 1999 unless you request and receive
an extension for good cause shown. I will send them to the separation authority.

6. 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.

7. You have been scheduled for a medical examination. You must report to building 926,
RAF Lakenheath, Physical Exams Section at 0800 hours on Monday, 12 April 1999, for the
examination, You must be in uniform. If you have been prescribed glasses, you must wear
them to the appointment.

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 at the unit orderly room or the Area Defense
Counsel office. .

   

Commander

Attachments:

1. Letter of Counseling, dated 15 June 1998

2. Letter of Reprimand w/ UIF, dated 22 October 1998

3. Letter of Reprimand w/ UIF, dated 28 December 1998

4. Letter of Reprimand w/ UIF, dated 8 January 1999.

5. Record of Individual Counseling, dated 15 January 1999

6. Letter of Reprimand w/ UIF, dated 15 January 1999

7. Record of Nonjudicial Punishment Proceedings, dated 5 April 1999
8. Letter of Reprimand, dated 7 April 1999

9. EPR -

10. RIP