ISSUES

A93.09

INDEX NUMBER : EXHIBITS SUBMITTED, 10, THE BOARD
A67,90 ORDER APPOINTING THE BOARD

  
 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ad Vn
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL] 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
xX
x
xX
xX
x

 

LETTER OF NOTIFICATION

CASE NUMBER BRIEF OF PERSONNEL FILE
FD2003-0096 COUNSEL'S RELEASE TO THE BOARD

     

I
2 | APPLICATION FOR REVIEW OF DISCHARGE
3
4

   

HEARING DATE

15 Jul 03

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

   

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT’ S.ASSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON -THE ATTACHED AIR FORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE,

 

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 RECORDER F BOARD PRESIDENT

  
 
  

 

 

 
 

 
 
 

 

 

 

 
  
  
 

Lael Se . ‘INDORSEMENT 2 SDATE: 15 Jul:d3
TO: ‘ ce
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, FE WING, 3°? FLOOR
ANDREWS AFB, MD 20762-7002

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

 

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0096

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 his credit is now good; he’s a homeowner,
and well established in his career. He also states that he thought his discharge would be automatically
upgraded after six months. The record indicates the applicant received three Article 15s, the first for using
his government credit card for personal use, the second for failure to pay just debts and for writing bad
checks, and the third for driving while drunk. He also received a Vacation action under the UCMJ for the
drunk driving charge. 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
FD2003-00096

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

inte, (Former AB) (HGH SRA)
ee

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 30 May 97 UP AFI 36-
3208, para 5.50.2 (Misconduct ~ Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 6 Jun 70. Enlmt Age: 19 10/12. Disch Age: 26 11/12. Educ: HS DIPL.
AFQOT: N/A. A-87, E-78, G-84, M-74. PAFSC: 3C031. - Communication-Computer
Systems Operations Apprentice. DAS: 25 Jan 91.

b. Prior Sv: (1) AFRes 19 Apr 90 - 24 Jul 90 (3 months 6 days) (Inactive).

(2) Enlisted as AB 25 Jul 90 for 4 yrs. Extended 23 Oct 93
for 23 months. Svd: 3 yrs 11 months 26 days, all AMS. AMN - 25 Jan 91. AIC -
25 Nov 91. SRA - 25 Jul 93. EPRs: 5,5,5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 22 Jul 94 for 6 yrs. Svd: 2 Yrs 10 Mo 8 Das, all AMS.

b. Grade Status: AB - 17 Apr 97 (Article 15, 17 Apr 97)
A1lC - 18 Feb 97 (Vacation of Article 15, 17 Apr 97)

c. Time Lost: None.

d. Art 15’s: (1) 17 Apr 97, Shaw AFB, SC - Article 111. You did, on or
about 4 Apr 97, operate a vehicle, to wit: a passenger
car, while drunk. Reduction to AB. (No appeal) (No
mitigation)

(2) 17 Apr 97, Vacation, Shaw AFB, SC - Article 111. You,
did, on or about 4 Apr 97, operate a vehicle, to wit: a
passenger car, while drunk. Reduction to AIC.

(No appeal) (No mitigation)

(3) 18 Feb 97, Shaw AFB, SC - Article 134. You, being
indebted to ----- in the sum of $978.34, which amount
became due and payable on or about 30 Oct 96, did, from
on or about 30 Oct 96 to on or about 10 Feb 97,
dishonorably fail to pay said debt. You did, on divers
occasions from on or about 6 Feb 96 to on or about 8 Jul
96, make and utter to the ------- certain checks in
words and figures ag follows, to wit: Check#1609, 6 Feb
96, in the amount of $150.00; Check#1628, 9 Feb 96, in
the amount of $150.00; Check#1637, 14 Feb 96, in the
FD2003-00096

amount of $150.00; Check#9999, 25 Apr 96, in the amount
of $130.00; Check#1671, 8 Jul 96, in the amount of
$150.00, for the purpose of obtaining United States
currency, and did thereafter dishonorably fail to
maintain sufficient funds in the ------- Credit Union
for payment of such checks in full upon their
presentment for payment. Suspended reduction to Al1C,
and 30 days extra duty. (No appeal) (No mitigation)

(4) 27 Sep 94, Shaw AFB, SC - Article 92. You, who should
have known of your duties, on divers occasions from on
or about 28 Jun 94 to on or about 22 Jul 94, were
derelict in the performance of those duties in that you
by culpable inefficiency used your government -------
credit card for personal use. Suspended reduction to
Alc. (No appeal) (No mitigation)

e. Additional: None.

Ff. CM: none,

gq. Record of SV: 25 Mar 94 - 24 Mar 95 Shaw AFB 4 (Annual)
25 Mar 95 - 24 Mar 96 Shaw AFB 5 (Annual)
25 Mar 96 - 24 Mar 97 Shaw AFB 3 (Annual)

(Discharged from Shaw AFB)

h. Awards & Decs: AFLSAR, AFTR, SWASM 2/1 DEV, NDSM, NCOPMER, AFOUA W/2
“DEVS, AFGCM.

i. Stmt of Sv: TMS: (7) Yrs (1) Mos (12) Das
TAMS: (6) Yrs (10) Mos (6) Das

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

Issue 1: My discharge was characterized "General Under Honorable
Conditions" due to financial misconduct. I am in very good credit standing, a
home owner, and well established in my career now. I have grown past my
"adolescence" in this area, and would like my military records to reflect that
as well. I have been awarded the National Defense Medal with tours in the
Middle East while serving my country, and would like to think since I have
corrected my financial missteps that would be taken into consideration.

ATCH .
1. Training Certificate.
2. Two Letters of Recommendation.

SAPRO3/ia
oo Pp 2003 - 200 76

DEPARTMENT OF THE AIR FORCE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

21 Apr 97

 

 

MEMORANDUM FOR AB@

FROM: 20 CS/CC

516 Sharp St
Shaw AFB SC 29152-5037

SUBJECT: Notification Memorandum - Board Hearing

1. Iam recommending your discharge from the United States Air Force for a pattern of misconduct --
conduct prejudicial to good order and discipline, pursuant to AFPD 36-32 and AFI 36-3208, chapter 5,.
section H, paragraph 5.50.2. Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reasons for this action are:

a. On divers occasions from on or about 28 Jun 94 to on or about 22 Jul 94, you were derelict in the
performance of your duties when you wrongfully used your government American Express card for
unauthorized personal purposes. Based on your misconduct, you were administered Article 15

nonjudicial punishment action on 27 Sep 94.

b. From on or about 30 Oct 96 to on or about 10 Feb 97, you, being indebted to American Express in
the amount of $978.34, which amount became due and payable on or about 30 Oct 96, dishonorably
failed to pay the said debt. Also, on divers occasions from on or about 6 Feb 96 to on or about 8 Jul 96,
you made and uttered five checks totaling $730.00 to the Army and Air Force Exchange Service
(AAFES), and thereafter dishonorably failed to maintain sufficient funds in your account to cover said
checks upon their presentment to your bank for payment. As a result of your misconduct, you received

Article 15 nonjudicial punishment on 18 Feb 97,

c. On or about 4 Apr 97, you operated a passenger vehicle while drunk, for which your previously
suspended Article 15 nonjudicial punishment was vacated on 17 Apr 97, and you were administered
additional Article 15 nonjudicial punishment on 17 Apr 97.

3. This action could result in your separation with an honorable, general, or under other than honorable
conditions (UOTHC) discharge. I am recommending that you receive a general discharge. The
commander. exercising special court-martial jurisdiction, or a higher authority, will make the final

_ decision in this matter. If you are discharged, you will be ineligible for reenlistment in the Air Force.

4, You have the right to:
a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counsel at a board hearing.

Global Power For America
PD 2003- eco

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

e. Waive the above rights. You must consult legal counsel before making a decision to waive any of
your rights.

5. You have been scheduled for a medical examination. You must report to the Shaw AFB Hospital,
Physical Examinations Section, at /2.30 hours on _Z3 Apr 97 for the examination.

6. Military legal counsel, Cap Sioa, Area Defense Counsel, 668-2437, has been obtained
to assist you. An appointment has been scheduled for you to consult him on 22 Apr 97, at 1000 hours, in

building 1127. Instead of the appointed counsel, you may have another, if the lawyer you request is in
the active military service and is reasonably available as determined according to AFI 51-201. In
addition to military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be readily

available.

7. Confer with your counsel and reply, in writing, within seven workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel, who also will sign it.
If you waive your right to a hearing before an administrative discharge board, you may submit written
Statements in your own behalf. I will send the statements to the discharge authority with the case file to
be considered with this recommendation. If you fail to respond, your failure will constitute a waiver of

the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFT 36-3208 is available for your use in the orderly room.

9. If you request a board and you fail to appear without good cause, your failure to appear constitutes a
waiver of your right to be present at the hearing.

10. In accordance with AFI 36-3001, you must relinquish all identification cards within three duty days
of receipt of this notification memorandum.

11. 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.

12. Execute the attached acknowledgment and return it to meg;

 
 
  

Major, USAF
2 Attachments
1. Documents Supporting Reasons for Discharge
a. AF Form 3070, 27 Sep 94
b. SrA Cell's Memorandum, 20 Sep 94
. AMEX Reports, Jul 94
. AF Form 3070, 18 Feb 97
. SrA Cell's Memorandum, undtd
AAFES Form 7200-75, 6 Mar 96
. AAFES Form 7200-75, 29 May 96
i. AAFES Form 7200-75, 6 Aug 96
j. AMEX Reports, Jun 96 ~ Jan 97
k. AF Form 366, 17 Apr.97, w/1 Atch
L. AF Form 3070, 17 Apr 97
m. DD Form 1408, 4 Apr 97
n. Breath Alcohol Analysis Test Report, 4 Apr 97
o. AF Form 1168, 4 Apr 97 (AB Cell)
p. AF Form 1168, 4 Apr 97 (SSgt Blackmon)
g- DD Form 1920, 4 Apr 97
r. DD Form 629, 5 Apr 97
2. Airman's Receipt of Notification Memorandum

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