NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GEN PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

  

MEMBERS SITTING

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AB ~~

Berne een ere

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON GEN VOTHC OTHER DENY

 

 

   
 

ISSUES

A94.53, A94.05

INDEX NUMBER

467,10

 

 

 

 

 

 

 

   
   
  
  

  

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

 

HEARING DATE

22 JULY 03

  

CASE NUMBER

FD2003-00122

REMARKS

Case heard at Washington, D.C.

submit an application to the AFBCMR.

   
     
 
  

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

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

TUNG z z

  

 

SIGNATURE OF RECORDES

   

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

   

 

  

AFHQ FORM 90-2077, JAN 00 (EF-V2)

  
    
 
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change his reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right,

j
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, change of reason and authority for the discharge, and change of
reenlistment code are 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 was discharged for minor disciplinary infractions. He had a Letter of Counseling, three
Letters of Reprimand, two Articles 15, vacation of suspended punishment, and an Unfavorable Information
File. His misconduct included a failed room inspection, failure to obey an order to have required equipment
in good order, financial irresponsibility, failure to maintain a professional appearance on duty, twice
stealing currency belonging to others, writing bad checks, and being disorderly and disrespectful to a senior
ranking airman. At the time of the discharge, member waived his right to consult counsel and submit
statements in his own behalf. The Board noted member was the same age as other airmen who had adhered
to the standards when his misconduct occurred, and he knew right from wrong. He was counseled in an
effort to help him correct his deficiencies and had several opportunities to improve his behavior. He failed
to respond to those rehabilitative efforts. He was responsible for his actions, and therefore held accountable
for them. No inequity or impropriety was found in this discharge in the course of the records review.

While the Board commends applicant on his desire to return to military service, and is sympathetic to the
impact a General discharge has on his reenlistment code, this is not a matter of equity or propriety that
warrants an upgrade.

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
FD2003-00122
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 21 May 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, and Change the RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 31 Aug 82. Enlmt Age: 17 5/12. Disch Age: 19 8/12. Educ: HS DIPL.
AFOT: N/A. A-50, E-44, G-41, M-32. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 7 Nov 00.

b. Prior Sv: (1) AFRes 25 Feb 00 - 23 May 00 (2 months 29 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 24 May 00 for 6 yrs. Svd: 1 Yrs 11 Mo 27 Das, all AMS.

b. Grade Status: AB - 5 Feb 02 (Vacation of Art 15, 22 Feb 02)
AMN - 5 Feb 02 (Art 15, 5 Feb 02)

c. Time Lost: None.

d. Art 15's: (1) 24 Apr 02, Osan AB, Korea - Article 121. You did, on
or about 1 Jan 02, steal lawful currency, of a value of
about $124.71, the property of First Advantage Credit
Union. Forfeiture $552.00 pay per month for two months,
30 days restriction, 30 days extra duty, anda
reprimand. (No appeal) (No mitigation)

(2) 22 Feb 02, Vacation, Osan AB, Korea - Article 134. You
were, on or about 6 Feb 02, disorderly, by being
disrespectful in language towards SrA.

Reduction to AB, and forfeiture of $300.00 pay.
(No appeal) (No mitigation)

(3) 05 Feb 02, Osan AB, Korea - Article 121. You, did, on
or about 21 Aug 01 and on or about 8 Sep 01, steal
lawful currency of a value re than $100.00, the
property of Alc @# # Article 123. You,
did, on or about 25 Aug 01, with intent to defraud,
utter a certain check in the following words and
figures, to wit: Check #150, to Popeye's, dated 25 Aug
01, in the amount of $25.00, a writing which would, if
genuine, apparently operate to the legal harm of
another, the signature to which said check was, as you
then well knew, falsely made. Reduction to Airman (E-
FD2003-00122

2), a suspended reduction to AB. Forfeiture of $300.00
pay per month for 2 months, that portion of the
forfeiture in excess of $300.00 pay suspended. Thirty
days restriction, and 30 days extra duty. (No appeal)
(No mitigation)

e. Additional: LOR, 06 FEB 02 - Failure to maintain a professional
appearance on duty.

LOR, 01 DEC 01 - Financial irresponsibility.

LOC, 22 NOV 01 - Failure to obey an order or regulation by
not having required equipment in good
order,

LOR, 30 SEP 01 - Failed room inspection.

£. CM: None.
g. Record of SV: None.

(Discharged from Osan AB)
h. Awards & Decs: NDSM, AFTR.

1. Stmt of Sv: TMS: (2) Yrs (2) Mos (27) Das
TAMS: (1) Yrs (11) Mos (27) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Mar 03.

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

Issue 1: My discharge has helped me to learn the value of hard work. I
learned most of this from the military. If it is changed I wish to further go
(sic) my learning experience & serve my country to the best of my ability. I
want to reenlist in the military.

ATCH
None.

28APRO3/ia
Sa trie MEAN ER Alm Eee EArt SAE cee ME bela temnee fone ARG nM be ae

et

IT es wae

“at Ara ne A nA a NM EERE

DEPARTMENT OF THE AIR FORCE
51°" Security Forces Squadron (PACAF)
UNIT 2063
APO AP 96278-2063

 

MAY 08 2002

 

MEMORANDUM FOR ABt WD. 51 SEs

FROM: 51 SFS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force based upon Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32, Military Retirements and
Separations, and AF] 36-3208, Administrative Separation of Airmen, paragraph 5.49, If my
recommendation is approved, then your service may be characterized as Honorable, Under
Honorable Conditions (General) or Under Other Than Honorable Conditions (UOTHC), I am
recommending that your service be characterized as General.

2. My reasons for this discharge action are as follows:

a. On or about 28 September 2001, at or near Osan Air Base, Republic of Korea, you
failed your dormitory inspection for the third time. For this misconduct, you received a Letter of

Reprimand (LOR) dated 30 September 2001. (Atch 1a)

b. On or about 22 November 2001, at or near Osan Air Base, Republic of Korea, you
failed to obey an order to maintain your required equipment in good order. For this misconduct,
you received a Letter of Counseling (LOC) dated 22 November 2001, which subsequently

established your Unfavorable Information File (UIF). (Atch 1b)

. , Onor about 22 November 2001, at or near Osan Air Base, Republic of Korea, you
failed to pay your outstanding debts to the Army and Air Force Exchange Movie Video Rental.
For this misconduct, you received an LOR dated 1 December 2001 and it was placed in your

UIR, (Atch 1c)

d. On or about 6 February 2002, at or near Osan Air Base, Republic of Korea, you failed
to maintain a professional appearance on duty. by being observed eating while checking ID.
Cards at the Main Gate. For this misconduct you received an LOR dated 6 February 2002.

(Atch 1d)

e. Between on or about 21 February 2001 and on or about 21 August 2001, at or near

Osan Air Base, Republic of Korea, you stole about $100.00 from Airman First Class ie
and wrote a bad check to Popeye’s with the intent to defraud or deceive the establishment. For

this misconduct, you received an Article 15, dated 5 February 2002, which was placed in your
UIF. (Atch le) ,
a . §02203- c0/22-

f. On or about 6 February 2002, at or near Osan Air Base, Republic of Korea, you were

disorderly by using disrespectful language towards SrA QR For this misconduct,
your previously suspended punishment in your Article 15 dated 5 February 2002, was vacated on

22 February 2002. (Atch If)

g. On or about 1 January 2002, at or near Osan Air Base, Republic of Korea, you stole

about $124.71 from eiilitiags Credit Union. For this misconduct you received an Article
15, dated 24 April 2002, which was placed in your UIF and is the basis for my initiating

discharge. (Atch 1g)

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. Any special pay, bonus, or education assistance funds may be

subject to recoupment.

4, You have the right to consult counsel. Military legal counsel is available to assist you. You
may consult the Area Defense Counsel, Capt alinlginaiag Bldg 937, at 784-6774. You may

consult civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements that you want

the separation authority to consider must reach me by _}0\© hours on __ VamA4 0%
(three workdays) unless you request and receive an extension for good cause. I will forward any

such statements to the separation authority.

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

7. You have been scheduled for a medical examination. You must report to the hospital at

1SY4oO _hourson_@mAyo2 _.

8. The Privacy Act of 1974 protects any personal information that you furnish in your rebuttal.
A copy of AFI 36-3208 is available for your use at the Orderly Room.

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

  

Lt Col, USAF

Commander

Attachments:
1. Supporting documents
‘Mth MAR cn dente ar cement a eters ote

a. LOR dated 30 Sep 01, 3 pages
b. LOC dated 20 Nov 01, 2 pages
c. LOR dated 1 Dec 01 w/atch, 4 pages
d. LOR dated 6 Feb 02, 1 page
e. Article 15 dated 5 Feb 02,4 pages
f. AF Form 366 dated 22 Feb 02, 2 pages
g. Article 15, dated 24 Apr 02, 3 pages
2 Airman’s Receipt of Notification Memorandum