AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

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PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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t | VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
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ISSUES INDEX NUMBER a EXHIBITS SURMITTED TO THE BOARD oe
A93.01, A93.12, A94.05 A67.10 1 | ORDER APPOINTING THE BOARD
[3 APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
16 Jul 03 FD2003-00099 [~~ | 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.

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REMARKS

Case heard at Washington, D.C.

   
  
    

** Change the narrative reason for separation to Secretarial Authority.

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 RECORD a 5 E OF BOARD PRESIDENT

 

 

Nporsemenr I & DATE: 16 JUL 03

 

 

  
    

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 | ¢y9993-90099

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility code.

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: The discharge is upgraded to Honorable. The Reason for discharge is changed to Secretarial
Authority. Change of reenlistment code is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify upgrade of the discharge. However, based on the record, the Board finds that
the applicant’s character of discharge is inequitable.

Issue. The applicant received a general discharge for minor disciplinary infractions after he received three
Letters of Reprimand and an Article 15 for financial irresponsibility. The applicant maintains that his
discharge was too harsh because he had asked for assistance with his financial problems and did not receive
it. After a thorough and complete consideration of the information submitted by the applicant and
contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade of the
discharge. There was no evidence in the record to suggest that the applicant received financial counseling
nor did it indicate that the leadership was putting forth an effort to rehabilitate the member. The Board did

not agree to change the applicant’s reenlistment code.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and change of reason for
discharge to Secretarial Authority, under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2003-00099
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ae (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 28 Dec 00 UP AFI 36-
3208, para 5.49 (Minor Disciplinary Infractions). Appeals for Honorable
Discharge, to Change the RE Code, Reason and Authority for Disch.

2. BACKGROUND:

a. DOB: 10 Sep 80. Enlmt Age: 18 2/12. Disch Age: 20 3/12. Educ: HS DIPL.
AFQT: N/A. A-70, E-70, G-53, M-68. PAFSC: 2A531B - Aerospace Maintenance
Apprentice. DAS: 30 Sep 99.

b. Prior Sv: (1) AFRes 17 Nov 98 - 9 Feb 99 (2 months 24 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 10 Feb 99 for 4 yrs. Svd: 1 Yrs 10 Mo 19 Das, all AMS.

b. Grade Status: A1C - 10 Jun 00
AMN - (EPR Indicates): 10 Feb 99-9 Oct 00

c. Time Lost: None.

d. Art 15’s: (1) 15 Dec 00, Pope AFB, NC - Article 134. You, being
indebted to AAA Company, Inc. in the sum of $105.18 for
previous debt, of which amount $52.59 became due and
payable on or about 15 Oct 00, and an additional $52.59
became due and payable on 15 Nov 00, for a total
$105.18, did, at or near Fayetteville, NC, between on or
about 16 Oct 00 and on or about 11 Dec 00, dishonorably
fail to pay said debt. Suspended reduction to Airman,
and 15 days extra duty. (No appeal) (No mitigation)

e. Additional: LOC, 02 OCT 00 - Financial irresponsibility.
LOR, 10 JUL 00 - Financial irresponsibility.
LOR, 01 JUN 00 - Financial irresponsibility.
LOR, 01 JUN 00 ~ Financial irresponsibility, and not having
government credit card available for use
prior to going TDY.

£. CM: None.
g. Record of SV: 10 Feb 99 - 9 Oct 00 Pope AFB 3 = (Initial)

(Discharged from Pope AFB)

h. Awards & Decs: AFTR.
FD2003-00099

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (12) Das
TAMS: (1) Yrs (10) Mos (18) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 5 Mar 03.

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for
Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH

1. DD Form 214.
2. Character References. )
3. Applicant’s Issues with Attachments.

10APRO3
a | @ Fp2e0s- 077

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 43D AIRLIFT WING (AMC)
_ POPE ATR FORCE BASE NORTH CAROLINA

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MEMORANDUM FOR AIC

FROM: 41 AS/CC
3514 Surveyor Street
Pope AFB, NC 28308

SUBJECT: Notification Memorandum

1, Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. You
understand that approval of this recommendation for your discharge could result in you receiving
an under other than honorable conditions discharge, if the convening authority determines such.
characterization is warranted and directs initiation of a discharge board. I am recommending that

your service be characterized as general.

2. My reasons for this action are:

a. Between on or about 16 Oct 00 and on or about 11 Dec 00, you, being indebted to AAA
Company, Inc. in the sum of $105.18, dishonorably failed to pay said debt as documented by AF
Form 3070, Record of Nonjudicial Punishment Proceedings, dated 15 Dec 00.

b. On or about 2 Oct 00, it was brought to the attention of your section commander that you
were 90 days delinquent in the amount of $24.00, and 30 days delinquent in the amount of
$342.57, to your Bank of America Government Travel Card as documented by a Letter of
Counseling (LOC) dated 2 Oct 00.

~¢, On or about 28 Jun 00, you dishonorably failed to pay your AAFES exchange (DPP)
account in the amount of $64.00 as documented by a Letter of Reprimand (LOR), dated

10 Jul 00.

d. On or about 22 May 00, you dishonorably failed to pay your debt to AAA Company, Inc. in
the amount of $152.77 as documented by a LOR, dated 1 Jun 00.

e, On or about 4 May 00, you dishonorably failed to pay your government travel card.
Furthermore this led to a violation of a lawful general order by not having your government
travel card available for use prior to you going TDY to Little Rock, Arkansas as documented by

a LOR, dated 1 Jun 00.

AMC—Global Reach for America
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Ppaeng AOS

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The 43d Airlift Wing Commander, who exercises Special Court
Martial (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 a right to consult counsel. Military legal counsel has been obtained to assist you. I
have made an appointment for you to consult Capt ait the Langley AFB VA Area
Defense Counsel’s office on 22 Dec 00 at 0900 hours. 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.

 

5. You have been scheduled for a physical examination. Report to Physical Exams Room 10 in
the Flight Medicine Clinic on 21 Dec 00 at 0800 hours. In addition, report to Physical
Exams/Lab ASAP for HIV screening.

6. You have the right to submit a statement in your own behalf. Any statements you want the
separation authonty to consider must reach me by LEB Zn at fo2e hours unless you
request and receive an extension for good cause shown. I will send them to the separation

authority,

7. If you fail to consult counsel or to submit statements in your own behalf in three days,
your failure will constitute a waiver of your right to do so.

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 at the orderly room.

   

: Major, USAF
Commander

Attachments:

1. AF Form 3070, dated 15 Dec 00.
2. LOC, dated 2 Oct 00

3. LOR, dated 10 Jul 00

4, LOR, dated 1 Jun 00

5. LOR, dated 1 Jun 00