AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF COUNSEL AND OR ORGANIZATION

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE AFSN/SSAN

AMN

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

ISSUES INDEX NUMBER

A94.05 A67.50

HEARING DATE

15 Jul 03

CASE NUMBER

FD2003-0081

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

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

 

AFHQ FORM 0-2077, JAN 00

 
  
 

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‘-. EXHIBITS SUBMITTED-TG THE BO:
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

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| TAPE RECORDING OF PERSONAL APPERANCE HEARING
CHED. AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. * ae:

    

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

SIGNATURE OF BOARD PRESIDENT

DATE: I5 Jul 03,

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 wil] be used.

 

 

(EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0081

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 evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant believes his discharge was a result of a false accusation from another airman. He also
states that he thought his discharge would automatically be upgraded after six months and believes that he
should get his G.I. Bill benefits. The record indicates the applicant received two Articles 15, the first for
wrongfully using his government credit card and becoming delinquent on that account. The second one for
wrongfully storing ammunition in his dormitory room. He also received a Vacation action under the UCMJ
for failure to go. Additionally, he received three Letters of Reprimand for being late for duty on three
consecutive days, being apprehended for violation of a written order, financial irresponsibility, lying, and
for making inferences of retaliatory actions against the Commander and the First Sergeant. The applicant
cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB was sympathetic to
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or
impropriety that would warrant an upgrade. The applicant also stated that he was told his discharge would
automatically be upgraded in six months. The DRB noted the issue was common, the result of
miscommunication. While a discharge may be upgraded after six months, the upgrade is by no means
automatic. A discharge is upgraded only if the applicant and the DRB can establish an inequity or
impropriety took place at the time of discharge. In this case, none was found, so the Board denied the
appeal. The issue concerning the false accusation is without merit. The record indicates there was plenty of
evidence that existed for the Commander to believe that the applicant’s words and actions, when considered
together, constituted a threat against the Commander and the First Sergeant. The Board concluded the
misconduct was a significant departure from conduct expected of all military members. The
characterization of the discharge received by the applicant was found to be appropriate. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade the 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
FD2003-00081
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a (Former AMN) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Feb 99 UP AFI 36-
3208, para 5.50 (Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 9 Nov 76. Enlmt Age: 18 0/12. Disch Age: 22 3/12. Educ: HS DIPL.
AFQT: N/A. A-82, E-79, G-74, M-78. PAFSC: 2W031 - Munitions Systems’ |
Apprentice. DAS: 1 Dec 97.

b. Prior Sv: (1) AFRes 7 Dec 94 - 13 Jun 95 (6 months 7 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 14 Jum 95 for 4 yrs. Svd: 3 Yrs 8 Mo 6 Das, all AMS.

b. Grade Status: AMN 19 Feb 99 (Article 15, 19 Feb 99)
Alc - 1 Jun 98 (Vacation of Article 15, 24 Jul 98)
SRA ~ 14 Oct 97

c. Time Lost: 12 Feb 99 thru 19 Feb 99 (7 days).

d. Art 15’s: (1) 19 Feb 99, Anderson AFB, Guam - Article 92. You,
having knowledge of a lawful order issued by the
Commander, 36th Air Base Wing, to wit: paragraph
2.7.10.3, 36th ABWI 32-6001, dated, 31 Dec 96, an order
which it was your duty to obey,, did, on or about 11 Feb
99, fail to obey the same by wrongfully storing
ammunition in your dormitory room. Reduction to Amn,
and a reprimand. (No appeal) (No mitigation)

(2) 24 Jul 98, Vacation, Anderson AFB, Guam ~- Article 86.
You did, on or about 17 Jul 98, without authority, fail
to go at the time prescribed to your appointed place of
duty. Reduction to A1lC. (No appeal) (No mitigation)

(3) 1 Jun 98, Anderson AFB, Guam - Article 92. You did,

within the Country of Germany, between on or about 7 Oct
97 and on or about 19 Oct 97, violate a lawful general
regulation, to wit: AFI 65-104, dated 1 May 96, section
C, paragraph 25.1, by wrongfully using your Government ~
saaee- Card, account number -~-----, for personal
purposes. You did, within the State of Florida, between
on or about 31 Oct 97 and on or about 28 Nov 97, violate
a lawful general regulation, to wit: AFI 65-104, dated 1
May 96, section C, paragraph 25.1, by wrongfully using
¥D2003-00081

your Government -------~ Card, account number ------- rf
for personal purposes. You did, at or near The
Territory of Guam, on or about 23 Jan 98, violate a
lawful general regulation, to wit: AFI 65-104, dated 1
May 96, section C, paragraph 22, by becoming delinquent
on your Government -------- Card account, account number
= Hi i = , by wrongfully failing to pay in full the
monthly balance due prior to the next billing cycle, the
said balance being of about $1,152.36, which became
delinquent on or about 23 Jan 98 and remained delinquent
until on or about 30 Mar 98. Suspended reduction to
Alc, forfeiture of $150.00 pay for two months, and 30
days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 19 FEB 99 - Financial irresponsibility, lying, and

making inferences of retaliatory actions
against Commander and First Sergeant.

LOR, 05 MAY 98 - Apprehended for violation of a written

order to not "reefer walk" and for
illegally fishing while beach wag closed.

LOR, 10 OCT 97 - Late for duty for three consecutive days.

£. CM: None.

g. Record of SV: 14 Jun 95 - 15 Jan 97 Spangdahlem AB 4 (HAF Dir)
16 Jan 97 - 29 Oct 97 Spangdahlem AB 3 (CRO)
30 Oct 97 - 29 Oct 98 Anderson AFB 2 (Annual) REF

h. Awards & Decs:

(Discharged from Anderson AFB)

AFAM, AFTR, AFOSSTR, AFOSLTR, NDSM, HSM.

i. Stmt of Sv: TMS: (4) Yrs (2) Mos (6) Das
TAMS: (3) Yrs (8) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 8 Aug 02.

(Change Discharge to
ISSUES ATTACHED TO BRIEF.
ATCH

1. Applicant's Issues.
2. Character References.

Honorable)

3. Administrative Discharge Documents.

4. DD Form 214.

3APRO3/ia
( ) i} Pp 2803-200 8/
DEPARTMENT OF THE AIR FORCE

PACIFIC AIR FORCES

 

FROM: 36 LG/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Pattern of
Misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5,
section H, paragraph 5.50. If my recommendation is approved, your service will be
characterized as either Honorable, General (Under Honorable Conditions) or Under Other
than Honorable Conditions (UOTHC). J am recommending your separation be
characterized as a General Discharge (Under Honorable Conditions).

2. My reasons for this action are:

a. On 10, 11, and 12 September 1997, you were derelict in the performance of
your duties in that you were late for duty on each of these days. For your actions, you
received a Letter of Reprimand (LOR) dated 10 October 1997 (Atch 1), The LOR was
placed in an Unfavorable Information File (UIF) on 14 October 1997.

b. On 2 May 1998, you were apprehended at or near Tarague Beach, Andersen
Air Force Base, Guam, for violating a written order to not “reef walk” and for illegally
spear fishing while this beach was closed. For your actions, you received a LOR dated

_ 5 May 1998 (Atch 2).

c. Between on or about 7 October 1997 and on or about 19 October 1997 and
between on or about 31 October 1997 and on or about 28 November 1997, you
wrongfully used your Government American Express Card for personal purposes. In
addition, on or about 23 January 1998, you became delinquent on your Government
American Express Card in the amount of $1,152.36, and remained delinquent until on or
about 30 March 1998. For your actions, you received Article 15 nonjudicial punishment
on | June 1998 consisting of a suspended reduction to the grade of Airman First Class,
forfeiture of $150.00 pay for two months, and 30 days extra duty (Atch 3). The article 15
punishment was placed in an UIF.
_, Fugees ~ e¢08/

d. On or about 17 July 1998, you failed to go at the time prescribed to your
appointed place of duty. For your actions, your suspended reduction to the grade of
Airman First Class was vacated on 27 July 1998 (Atch 4). Your new date of rank for
Airman First Class was 1 June 1998, with an effective date of 27 July 1998, The vacation —

action was placed in an UIF.

e. On or about 11 February 1999, you failed to obey 36 ABW Instruction
32-6001, paragraph 2.7.10.3, by wrongfully storing ammunition in your dormitory room.
For your actions, you received Article 15 nonjudicial punishment on 19 February 1999
consisting of a reduction to the grade of Airman and a reprimand (Atch 5).

f. During the month of October 1998, you issued two checks drawn upon the
Bank of (Qa to the dais Community Bank in the amounts of $500.00 and
$400.00, respectively. You failed to maintain sufficient funds in your account to pay

such checks. a toll you lied to your supervisor, Ts iia. about having made

payments to repay th Bank. Furthermore, you made inferences that you
would attempt to take retaliatory actions against your commander and members of his
staff because you received an adverse administrative action. For your actions, you
received a LOR on 19 February 1999 (Atch 6).

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The Commander exercising Special Court-Martial
(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.

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 Captain QAM the Arca
Defense Counsel, Bldg. 21000, 366-2281 at_ [600 hourson_|{ February 1999,
You may consult civilian counsel at your own expense.

5. You have attended a physical exam.

6. You have the right to submit statements on your own behalf, Any statements you
want the separation authority to consider must reach me by 24 February 1999, no
later than 1630 hours, unless you request and receive an extension. I will send them

to the separation authority.

7. If you fail to consult or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.
Oj oy) Ppzee2 ~0°8 |

8. Any personal information you furnish in rebuttal’ is covered by the Privacy Act of
1974 as explained in AFI 36-3208 and is available for your use in the Unit Orderly
Room.

9, Execute the acknowledgment and return it to me immediately.

   

; % olonel, USAF
Commander, 36" Logistics Group

Attachments:

LOR/UIF, 10 October 1997

LOR, 5 May 1998

Article 15 punishment, 1 June 1998
Vacation Action, 27 July 1998

Article 15 punishment, 19 February 1999
LOR, 19 February 1999

UIF Summary

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