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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
, AIC
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANLZATION OF COUNSEL —— “|
YES NO
Xx

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
  

MEMBERS SITTING HON GEN UOTHC OTHER DENY
x
Le a ae ferent
xX
Ws Xx
Wi x
| x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO. THE BOARD
A95.00 A67.10 1. | ORDER APPOINTING THE BOARD
2 «| APPLICATION FOR REVIEW OF DISCHARGE
3° | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
15 Jul 03 FD2003-0113

 

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.

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER
woo

INDORSEMENT:

 

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

 

AFHQ FORM 0-2077, JAN 00

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

SIGNATURE OF BOARD PRESIDENT

—

DATE; 15. Jul 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AJR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°? FLOOR

 

 

(EF-V2)

ANDREWS AFB, MD 20762-7002
Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0113

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 an
Article 15 for failure to go twice, and, four Letters of Reprimand, four Letters of Counseling, and two
Letters of Admonishment for failure to go, failure to shave, making a false official statement, dereliction of
duty, failure to obey a lawful order, making conflicting statements, defying an order, failure to maintain
base housing yard appearance, and failure to manage personal finances. 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
FD2003-00113
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

See. (Former A1lC) (HGH AiC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 6 Sep 02 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 20 Oct 78. Enlmt Age: 21 2/12. Disch Age: 23 10/12. Educ: HS DIPL.
AFOT: N/A. A-48, E-58, G-50, M-45. PAFSC: 2A551J -—- Aerospace Maintenance.

DAS: 2 Nov 00.

b. Prior Sv: (1) AFRes 29 Dec 99 - 14 Mar 00 (2 Months 14 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 15 Mar 00 for 6 yrs. Svd: 2 Yrs 5 Mos 23 Das, all AMS.

b. Grade Status: AiC - 1 May 00
c. Time Lost: None.

da. Art 15’s: (1) 8 May 01, Pope AFB, NC - Article 86. You, did, on or
about 23 Apr 01, without authority, fail to go at the
time prescribed to your appointed place of duty.
Further, you did, on or about 24 Apr 01, without
authority, fail to go at the time prescribed to your
appointed place of duty. Suspended reduction to AMN.
(No appeal) (No mitigation)

e. Additional: LOR, 30 JUL 02 - Failure to manage personal finances and

obligations in a satisfactory manner.

RIC, 17 JUL 02 - Failure to maintain base housing yard
appearance.

LOA, 19 APR O1 -— Failure to obey a lawful order and
dereliction of duty.

LOR, 13 APR 01 - Failure to go and defying an order.

LOR, 12 APR 01 - Failure to go and making conflicting

statements.

RIC, 14 FEB 01 - Failure to go.

LOA, 13 FEB 01 - Failure to obey a lawful order.

LOC, 29 JAN 01 - Dereliction of duty.

LOR, 16 JAN 01 - Failure to shave and making a false
official statement.

RIC, 05 OCT 00 - Failure to go.

£. CM: None.
FD2003-00113

q. Record of SV: None.
(Discharged from Pope AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (9) Das
TAMS: (2) Yrs (5) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 7 Feb 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH
None.

18Apro3/cr
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 43D AIRLIFT WING (AMC)
POPE AIR FORCE BASE NORTH CAROLINA

 

2/ Aus p2

MEMORANDUM FOR A1CAQqARORIRON MRR 4 1 4s

. 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. On or about early Jul 02, Riley Road Motors loaned you a vehicle while your car was being
repaired. The manager of Riley Road Motors explained to you that the vehicle was in poor
mechanical condition and could not be taken out of the local area. Nevertheless, you took leave

and drove the vehicle to New Jersey with your family. Once you arrived in New Jersey, the
vehicle broke down and you were left without transportation back to Pope AFB NC as

documented by a Letter of Reprimand (LOR), dated 30 Jul 02.

b. Onor about 10 Jul 02, MSgigiaanenagllllial, APG Section Chief, received two notices
from housing (43 CES/CE) that you failed two weekly yard inspections in a row. The failed

‘Inspections ranged from grass being too high to the garbage area being cluttered as documented
by an AF Form 174, Record of Individual Counseling, dated 17 Jul 02.

c, On or about 23 Apr 01, at or near Pope AFB NC, without authority, you did, fail to go at
the time prescribed to your appointed place of duty, to wit: Dental Clinic as documented by an
AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 8 May 01.

d. On or about 24 Apr 01, at or near Pope AFB NC, without authority, you did, fail to go at
the time prescribed to your appointed place of duty, to wit: Building 753 as documented by an
AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 8 May 01.

AMC—Global Reach for America
2" P2007 -O00ON >

e, On or about 12 Apr 01, an investigation disclosed that on aircraft 939, you failed to follow
aircraft tech data while installing a aircraft bomb rack as documented by a Letter of

Admonishment (LOA), dated 19 Apr 01.

f. On or about 3 Apr 01, you failed to go to your appointed Gas Mask Fit Test at Building 521
as documented by a Letter of Reprimand (LOR), dated 13 Apr 01.

g. On or about 7 Apr 01, you failed to go to your appointed place of duty, 3541 Surveyor
_ Street, Pope AFB NC as documented by a Letter of Reprimand (LOR), dated 12 Apr 01.

h. On or about 14 Feb 01, you failed to report the the Pope AFB Training and Education
Center (PTEC) for a scheduled class as documented by an AF Form 174, Record of Individual

Counseling, dated 14 Feb 01.

i. On or about 30 Jan 01, TSet iY APG Section Chief, gave you a lawful order

to bring in your Career Field Education and Training Plan (CFETP). You failed to show this
documentation as documented by a Letter of Admonishment. (LOA), dated 13 Feb 01.

j. On or about 25 Jan 01, you departed your duty section and failed to turn in all the
equipment you checked out from the 2 AS Consolidated Tool Kit Section as documented by a
Letter of Counseling (LOC), dated 29 Jan 01.

k. On or about 14 Dec 00, SSgtaff@#ii@noticed that you had not shaven for duty as outlined
in AFI 36-2903. SSgt Abbuhl stated that you were to report the following day within the
standards governed in AFI 36-2903. You complied with those standards. On or about 12 Jan 01,
SSet @M§0MA again noticed that you had not shaved in what appeared to him for several days as
documented by a Letter of Reprimand (LOR), dated 16 Jan 01.

1. On or about 8 Jan 01, you were scheduled for a comprehension exam. You failed to attend
as documented by an AF Form 174, Record of Individual Counseling, dated 5 Oct 00.

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 the right to consult counsel. Military legal counsel has been obtained to assist
you. Contact SSgt gigjaiae (394-2362) at the Area Defense Counsel’s office immediately after
being served with this notification memorandum. At that time an appointment will be
scheduled for you to consult Capt agi, the Area Defense Counsel. You may consult
civilian counsel at your own expense. The Air Force does not pay expenses incident to the
employment of civilian counsel. Civilian counsel, if employed, must be readily available.
) Fp2 007-0072

5. You have the nght to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me by aa 2 hay 2 at L4G g hours unless you
request and receive an extension for good cause shown. I wifl send them to the separation
authority.

6. You have been scheduled for a physical examination with Dr. jij} Report to the Pope
Medical Clinic on 21 Aug 02 at_1500 hours. In addition, report to Physical Exams/Lab

ASAP for HIV screening.

 

“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 AFI 36-3208, is available for your use at the orderly room.

 

Commander

Attachments:

Letter of Reprimand, dated 30 Jul 02

AF Form 174, dated 17 Jul 02

AF Form 3070, dated 8 May 01

Letter of Admonishment, dated 19 Apr 01
Letter of Reprimand, dated 13 Apr 01
Letter of Reprimand, dated 12 Apr 01

AF Form 174, dated 14 Feb 01

Letter of Admonishment, dated 13 Feb 01
Letter of Counseling, dated 29 Jan 01

10. Letter of Reprimand, dated 16 Jan 01

11. AF Form 174, dated 5 Oct 00

PMN AWRWN-