AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

mas. AIC

 

 

   

PERSONAL APPEARANCE X RECORD REVIEW

 

 

, NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    
   

  

 

 

 

 

 

 

 

 

 

 

EMBERS SITTING
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Xx
ISSUES INDEX NUMBER Re. SUEMIFTED
A92,21, A92,15, A94.05 A72.00 1 | ORDER TING TH
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
1:JUN'05 FD2003-00110 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

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.

 
 

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| SIGNATU PE Orns ARD BRESIDENT

SIGNATURE OF ee a

  

 

SAF/MIBR (/ SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
330 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

Previous edition will be used.

 

     

AFHQ FORM 0-2077, JAN 00

(EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 5903-00110

GENERAL: The applicant appeals for upgrade of discharge to general (under honorable conditions).

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: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his
request to be discharged in lieu of trial by court martial for stealing merchandise from the base exchange
(BX). Member also had a Letter of Reprimand for having an inappropriate relationship with a technical
school trainee while he was a permanent party member assigned to the same base, a Record of Individual
Counseling for financial irresponsibility, and an Article 15 for a previous incident of stealing merchandise
from the BX. Additionally, two memos for record documented two instances in which member was late to
work. Although this misconduct was not the reason for which he was discharged, it can be considered in
determining the appropriate characterization of member’s service. Additionally, according to the record,
member failed to meet weight and fitness standards and was “questionable” on his dress and appearance
standards. Applicant infers that he should not be penalized indefinitely as a result of his discharge status
and notes potential future employment options are adversely affected by his characterization of discharge.
While the Board is sympathetic to applicant’s circumstances, they noted that when he voluntarily submitted
his request for discharge in lieu of trial by court martial he acknowledged in doing so his characterization of
service could be deemed under other than honorable conditions. In making this request, the applicant
avoided the possibility of a federal conviction , and his request to be administratively discharged was
granted. In accordance with discharge regulations, airmen discharged under these circumstances usually do
have their service characterized as UOTHC. The Board concluded applicant’s misconduct was a significant
departure from conduct expected of all military members, and could find no inequity or impropriety in the
course of the records review upon which to base a change in his discharge.

If he can provide additional documented information to substantiate an issue, the applicant should consider
exercising his right to make a personal appearance before the Board. If he should choose to exercise his
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to
the community.

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
FD2003-00110
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a VOTH Disch fr USAF 16 Mar 00 UP AFI 36-
3208, Chapter 4 (Discharge in Lieu of Court Martial). Appeals for General
Discharge.

2. BACKGROUND:

a. DOB: 14 Nov 78. Enlmt Age: 19 5/12. Disch Age: 21 4/12. Educ: HS DIPL.
AFOT: N/A. A-41, E-77, G-74, M-59. PAFSC: 3C031 - Communications Computer
Systems Operator Helper. DAS: 6 Jan 99.

b. Prior Sv: (1) AFRes 22 Apr 98 - 12 May 98 (21 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 13 May 98 for 4 yrs. Svd: 1 Yrs 10 Mo 4 Das, all AMS.

b. Grade Status: AIC - 13 Sep 99
AMN - 13 Nov 98

c. Time Lost: None.

da. Art 15’s: (1) 5 Aug 98, Keesler AFB, MS - Article 121. You did, on
or about 25 Jul 98, steal a Nintendo Memory Card Plus,
of a value of about $24.95, the property of Army and Air
Force Exchange Services. Forfeiture of $300.00 pay
($150.00 pay suspended), and 30 days. correctional
custody. (No appeal) (No mitigation)

e. Additional: MFR, 03 FEB 00 - Late for work.

MFR, 02 FEB 00 - Late for work.

LOR, 14 SEP 99 - Willfully pursuing an inappropriate
relationship with a technical school
student.

Traffic Ticket, 10 AUG 99 - Inattentive driving.

RIC, 14 JUN 99 - Financial irresponsibility.

f. CM: None.
g. Record of SV: 13 May 98 - 8 Dec 99 Goodfellow AFB 2 (Cmdr Dir) REF

(Discharged from Goodfellow AFB)

h. Awards & Decs: AFTR, AFOUA.
FD2003-0110

i. Stmt of Sv: TMS: (1) Yrs (10) Mos (23) Das
TAMS: (1) Yrs (10) Mos (4) Dag

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 15 Apr 03.
(Change Discharge to General)

Issue 1: I have gotten married and am now supporting a family (i.e. wife
and 3 step children). While in the service I was in debt and very
irresponsible. I have really turned my life around. I am now responsible and
getting myself out of debt.

Issue 2: Since being out of the service I have maintained the same position
with the same company for the past 3 years.

Issue 3: I really need my discharge upgraded for a better paying job for
financial support of my family.

ATCH
1. License and Certificate of Marriage.

24APRO3/ia