AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

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PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION —| ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBERS SITTING HON GEN LOTHC OTHER DENY
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| ISSUES INDEX NUMBER "EXHIBITS SUBMITTED TO THE BOARD
A93.09 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
11 JUL 03 FD2003-0089 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.

[ APBLICANT’S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED, AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

 

 

SIGNATURE OF RECORDER

 

 

  
 

SIGNATURE OF BOARD PRESIDENT

 

 

 

 

 

 

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

 

 

 

INDORSEMENT DATE: 11 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 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 | py93_o989

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 does not contest his discharge. He states that it was too harsh because he and his wife
were going through a divorce and he would like his Veterans benefits. The record indicates the applicant
received an Article 15 for, with intent to deceive; making an official statement that he knew was false. In
addition, he received three Letters of Reprimand for falsifying a government form, lying, failing the
ergometry test, failed to attend a mandatory meeting, and failed to comply with military standards of
appearance. In addition, he received six Letters of Counseling for failure to maintain his quarters (twice),
inadequate work performance, failure to properly follow instructions, being late for a mandatory meeting,
and for failing his room inspection. The DRB recognized that the applicant was going through a divorce
early in his career; however, there is no evidence he was immature or did not know right from wrong. 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
FD2003-00089
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former A1C) (HGH AIC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Nov 99 UP AFI 36-3208,
para 5.49(Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 15 Aug 77. Enlmt Age: 18 10/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOT: N/A. A-48, E-67, G-70, M-52. PAFSC: 3C351 - Computer Systems Planning
and Implementation. DAS: 1 Mar 97.

b. Prior Sv: (1) AFRes 9 Jul 96 - 12 Nov 96 (4 months 4 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 13 Nov 96 for 4 yrs. Svd: 2 Yrs 11 Mo 22 Das, all AMS.

b. Grade Status: None.

c. Time Lost: None.

d. Art 15's: (1) 3 Sep 99, Randolph AFB, TX - Article 107. You, did, on
or about 20 Jul 99, with intent to deceive, make to SYA
~----- , the 12°" Comm Sq Unit Safety Representative, an
official statement, to wit: you had stopped at a rest
area at 2300 hours the night before your car accident
(18 Jul 99) and rested for nine (9) hours, which was
false in that you had in fact been driving since Las
Vegas with only short roadside stops, and said statement
was false, and was then known by you to be so false.
Forfeiture of $100.00 pay per month for 2 months, 15
days extra duty, and a reprimand. (No appeal) (No
mitigation)

e. Additional: LOR, 08 JUL 99 - Falsifying a government form, lying, and

failing ergometry test.

LOC, O08 APR 99 - Failure to maintain quarters.

LOR, 15 MAR 99 - Failure to attend a mandatory meeting.

LOC, 22 FEB 99 - Failed room inspection.

LOC, 24 AUG 98 - Failure to follow simple instructions and
late to a mandatory meeting.

LOR, 29 JUL 98 - Failure to comply with military standards
of appearance.

LOC, 23 JUN 98 - Failure to properly follow instructions.

MEMO, 7 AUG 97 - Inadequate work performance.

LOC, 19 JUN 97 - Failure to maintain quarters.
FD2003-00089

—£. CM: None.

g. Record of SV: 13 Nov 96 - 15 Apr 98 Randolph AFB 4 #£4(HAF Dir)
16 Apr 98 - 20 Dec 98 Randolph AFB 2 (CRO)
21 Dec 99 - 20 Sep 99 Randolph AFB 1 (Cmdr Dir) REF

(Discharged from Randolph AFB)
h. Awards & Decs: AFTR, AFOQUA.

i. Stmt of Sv: TMS: (3) Yrs (3) Mos (26) Das
TAMS: (2) Yrs (11) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Feb 03.
(Change Discharge to Honorable)

Issue 1: At the beginning of my enlistment my wife and I were separated (by
her choice when she moved back to Arizona from Randolph AFB) which later turned
into a divorce. I had a hard time balancing my personal life with my
professional life due to the difficulties she made for me while I was in the
military. Now many years later I still have an interest in the military and
currently working towards a bachelor degree in telecommunications (the job I had
while in the military). I wish to upgrade my discharge to take advantage of the
veteran benefits and the money I paid into for m (sic) education. A goal of
mine is to look into the possibility of becoming an officer with the degree I am
pursuing.

ATCH
None.

4APRO3/ia
i!
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

0.7 OCT tg9y
MEMORANDUM FOR AIC

 

FROM: 12 CS/CC
SUBJECT: Notification Memorandum—Administrative Discharge

1. lam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authority for this action is Air Force Policy Directive 36-32 and Air Force
Instruction 36-3208, Chapter 5, Section H, Paragraph 5.49. If my recommendation is approved,
your service will be characterized as Honorable or General. I am recommending your service be
characterized as General.

2. My reasons for this action are as follows:

a. On or about 19 Jun 97, you failed to maintain your quarters. The bathroom was not clean,
the linens were dirty, the clothes were not hung up in the closet or inside the dresser, and the
trash can required emptying. This conduct is evidenced by a Letter of Counseling (LOC), dated
19 Jun 97.

b. On or about 7 Aug 97, you were verbally counseled about your inadequate performance at
work, as evidenced by Memorandum for Record (MFR), dated 7 Aug 97.

c. On or about 23 Jun 98, you failed to properly follow instructions. 44@0M@@MM briefed you on
the new format for the Weekly Activity Report (WAR). However, you used your own format to
complete the WAR. This conduct is evidenced by a LOC, dated 23 Jun 98.

d. On 23 Jul 98, you were not in compliance with the Military Standards of Appearance. TSgt
it indicated you needed to get a haircut, which you failed to do until you were given a
direct order on 24 Jul 98 to do so. This is evidenced by a Letter of Reprimand (LOR), dated 29
Jul 98.

e. On 24 Aug 98, you were late for a Y2K meeting. The meeting began at 0830 in the base
theater. You reported to the theater on or about 0900, as evidenced by a LOC, dated 24 Aug 98.

f. On 17 Feb 99, you failed to maintain your quarters, as evidenced by a Letter of Counseling
(LOC), dated 22 Feb 99,

g. On 11 Mar 99, you failed to attend a mandatory dorm meeting, as evidenced by a LOR,
dated 15 Mar 99. A Unfavorable Information File (UIF) was established as a result of this LOR.
g. On 11 Mar 99, you failed to attend a mandatory dorm meeting, as evidenced by a LOR,
dated 15 Mar 99 , A Unfavorable Information File (UIF) was established as a result of this LOR.

h. On 8 Apr 99, you failed to maintain your quarters, as evidenced by a LOC, dated 8 Apr 99.

i. On or about 2 Jul 99, you falsified a government form. You were directed to complete an
AF Form 1975, which you did not do until you were asked to provide it. You admitted to your
NCOIC you lied and had not filled out the form, as evidenced by an LOR, dated 8 Jul 99,

, j. On or about 18 Jul 99, you made a false official statement to SrA SAM in that you
rested for 9 hours at a rest area before continuing your trip back to San Antonio. This is
evidenced by AF Form 3070, dated 3 Sep 99.

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 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 and will probably be
denied enlistment in any component of the armed forces. Any special pay, bonus, or education
assistance funds may be subject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist
you. An appointment has been made for you to consult Capt mArea Defense

Counsel, Bldg. 399, Room B-40 (7-2274) at 0900 on | 2 Oct 77. Youmay consult
civilian legal counsel at your own expense.

 

 

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me by /622_/7 O-¢ unless you request and receive
an extension, in writing, for showing good cause. I will send them to the separation authority.

6. If you fail to consult counsel or 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 the Physical Exam

Section at /0/S on _/3 Oct 79_and also to the Primary Care section at__/330

on (3 (Qet 797 for required examinations. You must fast for 12 hours prior and consume no
alcohol for 72 hours prior to this examination.

8. You must report to 12 MSS/DPMARS (Separations) within 24 hours of this notification.
9. Any personal information you furnish in rebuttal is covered by the Privacy Act. A copy of
AFI 36-3208 is available for your use in the unit personnel office.

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

 

Attachments:

1. Supporting Documents
a. LOC, dated 19 Jun 97
b. MFR, dated 7 Aug 97
c. LOC, dated 23 Jun 98
d. LOR, dated 29 Jul 98
e. LOC, dated 24 Aug 98
f. LOC, dated 22 Feb 99
g. LOR, dated 15 Mar 99
h. LOC, dated 8 Apr 99
i. LOR, dated 8 Jul 99
j. AF Form 3070, dated 3 Sep 99

2. Airman’s Receipt of Notification Memorandum