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AF | DRB | CY2003 | FD2003-00103
Original file (FD2003-00103.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSNSSAN—~—Csti‘“STC(C‘(;
eee AB
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
i 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
a |
x
X
x
x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67.10 1 | ORDER APPOINTING THE BOARD
9 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE —_
15 Jul 03 FD2003-0103 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.

 

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 SIGNATURE OF BOARD PRESIDENT

    
    

DATE: 15 Jul 03

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 ATR 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 FD03-0103

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received six
Letters of Reprimand and four Letters of Counseling for failure to adhere to dress and appearance standards
repeatedly, showing up to class unshaven and in an unkempt uniform, dereliction of duty, failure to go, late
for duty, unsatisfactory academic performance, and failure to follow orders. The Board concluded the
disciplinary infractions were a significant departure from the conduct expected of all military members.
The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of
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
FD2003-00103
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD .

(Former AB) (HGH AB)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 24 May 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. . BACKGROUND:

a. DOB: 4 Aug 82. Enlmt Age: 19 0/12. Disch Age: 19 9/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-80, G-62, M-53, PAFSC: 2A313B - Tactical Aircraft
Maintenance. DAS: 3 Dec 01.

b. Prior Sv: (1) AFRes 31 Aug 01 - 8 Oct 01 (1 month 8 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 9 Oct 01 for 6 yrs. Svd: 0 Yrs 7 Mo 16 Das, all AMS.

b. Grade Status: None.

c. Time Lost: None.

d. Art 15's: None.

e. Additional: LOR, 07 MAY 02 - Failure to go to a mandatory appointment

and failure to follow orders.

LOC, 07 MAY 02 - Unsatisfactory academic performance.

LOC, 06 MAY 02 - Dereliction of duty by wearing a
wristwatch into duty area.

LOR, 03 MAY 02 - Late for duty.

LOR, 26 APR 02 - Violation of dress and appearance
standards and late for duty.

Loc, 25 APR 02 - Failure to go.

LOR, 24 APR 02 ~ Violation of dress and appearance
standards.

LOR, 23 APR 02 - Dereliction of duty by failing to doa
homework assignment.

LOR, 22 APR 02 - Showing up to class unshaven and in an
unkept uniform.

RIC, 17 DEC 01 - Failure to adhere to dress and appearance
standards, by being unshaven.

£f. CM: None.

g. Record of SV: None.
FD2003-00103

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (0) Yrs (8) Mos (24) Das
TAMS: (0) Yrs (7) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Nov 02. ¢&
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

11APRO3/ia
» Fpzcos 00/03

Department OF THE AIR FORC:

AIR EDUCATION AND TRAINING COMMAND
MAY 2 1 2002

 

MEMORANDUM FOR 43RD REIRRRERaEME 362 TRS

FROM: 362 TRS/CCQ
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. If
my recommendation is approved, your service will be characterized as honorable or under
honorable conditions (general). I am recommending that your service be characterized as under

honorable conditions (general).

pes

2. My reasons for this action are:

a. You did, at or near Sheppard AFB TX, on or about 6 May 02, fail to go at the time
prescribe to your appointed place of duty, to wit: Academic Enrichment Program. For this
misconduct you received a Letter of Reprimand (LOR) on 7 May 02.

b. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 6 May 02, were derelict in the performance of those duties in that you failed to refrain
from wearing a wristwatch into the industrial are of hanger 1040, as it was your duty not to do.
For this misconduct you received a Letter of Counseling (LOC) on 6 May 02.

c. You did, at or near Sheppard AFB TX, on or about 2 May 02, fail to go at the time
prescribe to your appointed place of duty, to wit: Class at 0100. For this misconduct you

received an LOR. on 3 May 02.

d. You did, at or near Sheppard AFB TX, on or about 26 Apr 02, violate a lawful general
instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 1, by failing to wear your
uniform up to Air Force standards. For this misconduct you received an LOR on 26 Apr 02.

e. You did, at or near Sheppard AFB TX, on or about 24 Apr 02, violate a lawful general
instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 1, by failing to wear your
uniform up to Air Force standards. For this misconduct you received an LOR on 24 Apr 02.

f. You did, at or near Sheppard AFB TX, on or about 23 Apr 02, fail to go at the time
prescribe to your appointed place of duty, to wit: Physical Conditioning (PC). For this
misconduct you received an LOC on 25 Apr 02,

g. You, who knew or should have known of your duties at Sheppard AFB TX, on or about
18 Apr 02, were derelict in the performance of those duties in that you willfully failed to do a
homework assignment, as it was your duty not to do. For this misconduct you received an LOR

on 23 Apr 02.
h. You did, at or near Sheppard AFB TX, on or about 18 Apr 02, violate a lawful general
instruction, to wit: AFT 36-2903, dated 8 Jun 98, Table 1.4, Line 1, by failing to shave. For this
misconduct and subparagraph “i” below, you received an LOR on 24 Apr 02.

i, You did, at or near Sheppard AFB TX, on or about 18 Apr 02, violate a lawful general
instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 1, by failing to wear a uniform

up to Air Force standards.

j. You did, at or near Sheppard AFB TX, on or about 1 Dec 01, violate a lawful general
instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 1.4, Line 1, by failing to shave. For this
misconduct you received an AF Form 174, Record of Individual Counseling, on 17 Dec 01.

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
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 and will probably be denied enlistment in any
component of the armed forces.

3. You have the right to consult counsel. Military legal co 1 has been obtained to assist you.

I have made an appointment for you to con ea Defense Counsel, at
Bldg 1638, room 90, nag TV AAA _ at ours, You may consult civilian
counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by ol Mo) 2.unless you request and receive
an extension for good cause shown. I will send them to sep&ration authority.

5. Ifyou fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

6. You were scheduled for a physical examination on ABI a44.022 / Oy SOD

7. 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 362 TRS/Commanders Support Staff office.

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

 

362d Training Squadron

Attachments: (listed on the next page)
> | DB PpkC0S — OJOS

   

Attachments:
LOR, 7 May 02
LOC, 6 May 02
LOR, 3 May 02
LOR, 26 Apr 02
LOR, 24 Apr 02
LOC, 25 Apr 02
LOR, 23 Apr 02
Respnse to LOR, undated
. 9. LOC, 22 Apr 02
-10. AF Form 174, 17 Dec.01
11. AETC Form 125A,<2/ >
12. Student Training Report, CL NR Q2086
13. LOC, 7 May 02
14. AETC Form 173, 16 Apr 02
15. AETC Form 173, 13 Mar 02
16. Lackland AFB Form 205, 30 Nov 01 ait

17. Airman’s Receipt of Notification Memorand

SSA Sh

cc:
82 MSS/DPMARS
362 TRS/CSS (File)
Individual

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