AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE ———
PERSONAL APPEARANCE X RECORD REVIEW

 

«| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL “t

  

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

   

 

 
  

 

 

 

ISSUES INDEX NUMBER pene ea
A94.05 A67.10 J. | ORDER AP
2 | APPLICATION FOR REVIEW OF DISCHARGE
[on SES eth AD ATARI? ee ee
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

    
  
 
  

9 JUL 03 FD2003-0107 | COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
CORE? DISCHARGE REVIEW BOARDIDEPRIDNAE RATIONALE.” ae

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SEL

 

 

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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 JGNATURE OF BOARD PRESIDE:

 
 
   

 

Date: 9JUL 03

 

   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

SAF/MIBR

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 FD03-0107

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 states that his discharge was too harsh because it was based on his personal religious
beliefs. The record indicates the applicant received two Articles 15, two Letters of Reprimand and one
Record of Individual Counseling, all for failure to comply with training requirements. There is nothing in
the record indicating the applicant had any problems with religious beliefs. The record does indicate that
the applicant made a statement to his supervisor saying he wanted to get out of the Air Force. 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
FD2003-00107

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

(Former AB) (HGH Alc)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 15 Nov 99 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.
2. BACKGROUND:

a. DOB: 21 Sep 78. Enlmt Age: 18 4/12. Disch Age: 21 2/12. Educ: HS DIPL.
AFQT: N/A. A-61, E-48, G-44, M-37. PAFSC: 25031 - Supply Management
Apprentice. DAS: 12 Jan 98.

b. Prior Sv: (1) AFRes 24 Jan 97 - 16 Sep 97 (7 Months 24 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AB 17 Sep 97 for 4 yrs. Svd: 2 Yrs 2 Mos 0 Das, all AMS..

b. Grade Status: AB - 30 Aug 99 (Article 15, 30 Aug 99)
‘ AMN - 6 Jul 99 (Article 15, 6 Jul 99)
Alc - 17 Jan 99
AMN - 17 Mar 98

c. Time Lost: None

d. Art 15's: (1) 30 Aug 99, Travis AFB, CA ~ Article 92. You, having
knowledge of a lawful order issued by Lieutenant Colonel
on 20 Jul 99, to "complete your CDC's within 1

week of receiving this letter. They must be completed
by 27 Jul 99," or words to that effect, an order which
it was your duty to obey, did, on or about 27 Jul 99,
fail to obey the same. Reduction to AB, and 30 days
extra duty. (No appeal) (No mitigation)

(2) 6 Jul 99, Travis AFB, CA ~ Article 91. You, having

received a lawful order issued from SMSgt @MMiERER
;; a NCO, then known by you to be a NCO, to

"complete Volume 4 of your CDC's no later than 18 Jun
99" or words to that effect, an order which it was your
duty to obey, did, on or about 18 Jun 99, willfully ©
disobey the same. Reduction to AMN, 14 days extra duty,
and 14 days restriction. (No appeal) (No mitigation)

e. Additional: LOR, 11 JUN 99 - Failure to comply with training
requirements.

LOR, 01 JUN 99 - Failure to comply with training
requirements.
FD2003-00107

Ric, 14 SEP 98 - Lack of progression on CDC and lying.

£. CM: None.

g. Record of SV: 17 Sep 97 ~ 23 Jun 99 Travis AFB 5 (Initial)
24 Jun 99 - 14 Oct 99 Travis AFB 2 (Dir by Cmdr) REF

(Discharged from Travis AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (9) Mos (23) Das
TAMS: (2) Yrs (2) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Mar 03.
(Change Discharge to Honorable)

Issue 1: . My discharge was inequitable because it was based on my personal
religious beliefs.

Issue 2: I had my pay reduced by $100.00 per month for 12 months during
service to go toward "MGIB" and have not recieved (sic) any of it back.

Issue 3: Entered service for 26 months and have no benefits for a VA Home
Loan.

ATCH
None.

17Apro3/cr
4 F22003-0 6/07

DEPARTMENT OF THE AIR FORCE
60TH SUPPLY SQUADRON (AMC)

 

13, Oct 99

 

MEMORANDUM FOR ABS? 60 SUPS
FROM: 60 SUPS/CC
%, 350 Hangar Avenue

Travis AFB CA 94535-2631

SUBJECT: Notification. Memorandum

1. I am recommending your discharge from the United States Air Force for Misconduct, Minor
Disciplinary Infractions. The authority for this action is. AFI 36-3208, Section H, paragraph 5.49. If my
recommendation is approved, your service will be characterized as honorable, general or under other than
honorable conditions. I am recommending that your service be characterized as general.

_ 2, My reasons for this action are:

a. On or about 14 Sep 98, you lied to your superiors that you were studying your Career
Development Course (CDC) material and had no problems concerning them. But the fact was that you
were missing Volumes I and II for approximately 4 to 5 weeks. Further, you were unable to score 90
percent or better on your pretest despite ample study time. For your lack of progression, you received a
record of individual counseling (RIC) (Atch 1, Tab 1).

b.. On or about 12 May 99, you failed to tum in Volume IV of your CDCs. You told your supervisor
that you were not going to do your CDCs because you wanted to get out of the Air Force. You were told
that refusing to do your CDCs was not an option even though you expressed your desire to separate from
the Air Force. After checking with the Military Personnel Flight, you were told you would have to wait
until your 24" month of service and apply for Palace Chase. You were also told to carry out your duties,
including completing your CDCs. You were given an extension to tum in your CDC material until 1 Jun
99. On 26 May 99, you were reminded of the due date. On 1 Jun 99, you told your supervisor you were
not ready to turn in your CDCs. For this, you received a letter of reprimand (LOR) (Atch 2, Tab 1).

. ¢. Onor about 11 Jun 99, you again failed to complete the last volume of your CDC material despite
an extension given, for which you received a LOR (Atch 3, Tab 1).

d. -On or about 18 Jun 99, you willfully failed to obey a lawful order from SMSgt Sq
eae a noncommissioned officer, to “complete Volume IV of your CDCs no later than 18 Jun 99” or
words to that effect, in violation of Article 91, UCMJ. For this, you received an Article 15, dated 6 Jul 99,
which was placed in an unfavorable information file (UIF) on 12 Jul 99 (Atch 4, Tab 1). Punishment
consisted of reduction to the grade of airman, 14 days extra duty, and 14 days restriction to base.

e.. On or about 27 Jul 99, you failed to obey a lawful order issued by myself on 20 Jul 99, to
“complete your CDCs within one week of receiving this letter and they must be completed by 27 Jul 99,” or
words to that effect, in violation of Article 92, UCMJ. For this, you received an Article 15, dated 30 Aug
99, which was placed in your existing UIF on 7 Sep 99 (Atch 5, Tab 1). Punishment consisted of
reduction to the grade of airman basic, with a new date of rank of 30 Aug 99, and 30 day extra duty.
! (£2200 ?- OOO

3. Copies of the documents to be forwarded to the separation authority in support of this recommendation
are attached. The commander exercising SPCM jurisdiction or a 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 any special
pay, bonus, or education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have
made an appointment for you to consult Captain (guaran Area Defense Counsel, 540 Airlift
Drive, Bldg. 381, Suite D-100, Travis AFB, California, 94535-2479, DSN 837-4569; commercial,
(707) 424-4569, on 14 Oct 99 at 0900. You may consult civilian counsel at your own expense.

5. You have the right to submit statements on your behalf. Any statements you want the separation
authority to consider must reach me y (three workdays from service of this letter)

LQ Oct 94. , ho later than //OO hours unless you request and receive an

extension for good cause. I will send any documents you submit to the separation authority.

_ 6. If you fail to consult counsel or to submit statements on your behalf, your failure will constitute a
waiver of your right to do so,

7. You have been scheduled for a separation physical examination at David Grant Medical Center,
_ Physical Exams Section on 12 Oct _99 at 1330. You also have an appointment with the Primary Care
Clinic on 13 Oct 99 at 0930 to consult with PA @aiaaan

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

 

attacctumeatts:

RIC, 14 Sep 99

LOR, 1 Jun 99

LOR, 11 Jun 99

AF Form 3070, 6 Jul 99 w/Atchs
AF Form 3070, 30 Aug 99 w/Atchs

SSS