AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

 

PERSONAL APPEARANCE X RECORD-REVIEW

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

 

   

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TWOTE OF THE BOARD :
MEMBERS SITTING GEN “VOTEC OTHER DENY

ISSUES INDEX NUMBER ne i a
A93,01 A67.90 1 ORDER APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
25 Jul 03 FD2003-00147

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

     
   

 
 
 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
(ON. THE ATTACHED AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RAL ON, t ie

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Lo eRe at SpA 8b

 

 
 

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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 BOARD PRESIDE]

 

 

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

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 FD2003-00147

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.

  
   
 
     
         
  
   
   
      
   
   
   
   
   
   
   
   
     
  

  

  

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 denied.

  

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

  

Issues. Applicant was discharged for conduct prejudicial to good order and discipline. He had four Letters
of Reprimand, one Article 15, a civilian traffic ticket, and an arrest by civilian authorities. His misconduct
included failure to report, late for an appointment, failure to complete his Career Development Course in a
timely manner, financial irresponsibility, arrest by civilian authorities for failure to appear in court and
disorderly conduct. At the time of the discharge, member consulted counsel and waived his right to submit
statements in his own behalf. The applicant contends that he should not be penalized indefinitely for a
mistake he made when young. The Board recognized the applicant was 19 years of age when the discharge
took place. However, there is no evidence he was immature or did not know right from wrong. They noted
that the applicant was the same age as airmen who had adhered to the standards when his misconduct
occurred. The applicant also stated that the Board should take into account his post-service activities. The
Board was pleased to see that the applicant was doing well in the civilian community. However, no
inequity or impropriety in his discharge was found in the course of the hearing. The Board concluded the
misconduct of the applicant appropriately characterized his term of service.

 
 
   
    
   
 
   

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, thus the applicant's discharge should not be changed.

  

Attachment:
Examiner's Brief
FD2003-00147
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

—— (Former AMN) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 21 Apr 88 UP AFR 39-10,
para 5-47b (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch,

2. BACKGROUND:

a. DOB: 16 Aug 68. Enlmt Age: 17 11/12. Disch Age: 19 8/12. Educ:HS DIPL.
AFQOT: N/A. A-31, E-90, G-84, M-66. PAFSC: 81130 - Apprentice Security
Specialist. DAS: 15 May 87.

b. Prior Sv: (1) AFRes 29 Aug 86 - 27 Jan 87 (5 Months) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 28 Jan 87 for 4 yrs. Svd: 1 Yr 2 Mos 25 Das, all AMS.
b. Grade Status: AMN - 28 Jul 87
c. Time Lost: None.

d. Art 15’s: (1) 4 Nov 87, Seymour Johnson AFB, NC - Article 134. In
that you, were, on or about 13 Oct 87, disorderly.
Suspended reduction to AB, and 30 days correctional
custody (Remitted on 24 Nov 87). (No appeal) (No
mitigation)

e. Additional: LOR, 11 JUN 88 - Financial irresponsibility.

CT DOCS, 14 Mar 88 - Arrested by civil authorities for
failure to appear in court on charges
of improper registration, and no valid
license sticker.

Examiner's Note: Commander's Letter of Notification
indicates lying to supervisor about paying
the registration fee and NCO Club Bill.

TRAFFIC TICKET, 9 MAR 88 - Speeding.

LOR, 5 OCT 87 - Financial irresponsibility.

LOR, 8 SEP 87 - Late for an appointment and failure to

complete CDC on time.

LOR, 3 SEP 87 - Failure to report for duty.

F. cM: None.

g. Record of SV: 28 Jan 87 - 27 Jan 88 Seymour Johnson AFB 7 (Annual)
FD2003-00147
(Discharged from Seymour Johnson AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (7) Mos (24) Das
TAMS: (1) Yr (2) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 25 Mar 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

7 May 03/cr
F422 00 3- 00/4 7

7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

WILL NOT GE SUBMITTED. PLEASE COMPLETE REVIEW BASED.ON AVAILABLE SERVICE RECORDS.

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Cantinve on 2 plain shoot of paper if more space is needed.)

 

 

‘a. DOCUMENT 1:

 

 

b, DOCUMENT 2:

 

 

ce. DOCUMENT 3:

8. ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Beard is not required to respond in
Writing to issues of cancern ta you unless those issues are listed or incorporated by specific reference below. Carefiulty read the instructions
that pertain to Block & prior to completing this part of the application. {f you:need more space, submit additional issues on.an attachment.

 

 

Please accept my Application for the Review of Discharge for your consideration,

In 1988 | was a a very young and very stupid young man. I did not conduct myself with honor or character while in

the military. [ did not recognize nor take advantage of the opportunities the Air Force afforded me and therefore was
rightly discharged. This is something | am not proud of, however it is the truth. Now almost 15 years later and our

country at war, | am married, with a beautiful wife, 2 great kids which J must now teach honor and character. I have
been unemployed by no fault of my own through the Telecom layoffs in the Research Triangle Park area of NC. But
other than that and a 3 Month Stretch in 1999, | have held Gainful employment, I have paid my taxcs and | have not
engaged in any criminal activity, My Driving record ig spotless forthe last 8 years and [attend church with my
family. I someday would like to be considered for federal employment or maybe even joiming the reserves.

[ am humbly requesting an upgrade to my discharge, for the following reasons:
1. 1am not the Airman | was discharged as almost 15 years ago.

2. L would like to seek employment with a federal agency and would like to be able to list an "Honorable Discharge."
3. Asa Father | would like my son and daughter to have the pride in me, that | lacked in 1988,
4, And Lastly, for my own piece of mind.

[ hope this request can be granted, and look forward to your response.

| HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION.

| PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

‘9. CERTIFICATION
! make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false

statement. (U.S. Code, Title 18, Section 1001, provides that an individuat shall be fined under this title or imprisoned not more than 5 years,
or both.)

a. DATE (YYYYMMDD) b. SIGNATURE

20030325

 

   

UPON COMPLETIONS NTGTHS MEMEO TO APPLICABLE ADDRESS BELOW

 

ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD
Army Review Bonrds Agency Naval Council of Personnel Boards
Support Division, St. Louis 70 Kennon Street. SE. SAF/MIBR. Commandant (G-\NPM)}
Seat REESE Rm, 309 (NDRB) 550-C Street West, Suite 40 | 2100 Second Street, S.W.
St. Louk MO 63132-5200 Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001

(See http://arba.army.pentagon.mil) | 20374-5023
DD FORM 293, DEC 2000 Page 2 of 4 Pages
REPLY TO
ATTN OF:

SUBJECT:

TO:

DEPARTMENT OF THE AIR FORVE £072.003~ 00/47

4TH SECURITY POLICE SQUADRON (TAC)
SEYMOUR JOHNSON AIR FORCE BASE NC 27531-5000

48 APR 1988

ce
Letter of Notification
mn anaapanaanenaAaaTtale,
1. Iam recommending your discharge from the United States Air Force for
conduct prejudicial to good order and discipline. The authority for this action
is AFR 39-18, paragraph 5-47b. if my recommendation is approved, your service
will be characterized as General. I am recommending that your service be
characterized as General.
2. My reasons for this action are:

a. On 12 Apr 88, AFOSI conducted a search of your barracks room and found

a copy of a speeding ticket, dated 9 Mar 88, where you were cited by the
Trenton, NC, Police Department for speeding (74 m.p.h. in a 55 m.p.h. zone).

b. On 14 Mar 68, you were arrested by civil authorities for your failure to
appear in court on civilian charges of improper registration and no valid
license sticker. You also jied to your supervisors about paying the
registration fee and your most recent NCO Club bill (#131.396).

b. On 11 Jan 88, you received a Letter of Reprimand for your delinquent NCO
Club bill and several dishonored checks.

ec. On 4 Nov 87, you received an Article 15 for disorderly conduct.

d On 5 Oct 87, you received a Letter of Reprimand for a dishonored check
written to the Nellis AFB Exchange.

e. On 8 Sep 87, you received a Letter of Reprimand for failure to report
for a scheduled training appointment.

f. On 7 Sep 87, you received a Letter of Reprimand for failure to report
for duty.

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, you will be ineligible for
reenlistment in the Air Force.

   
 

3. You have the right to consult counsel. Military legal counsel has been
obtained to you. I have made an appointment for you to consult
CCQ ~ at Area Defenge Counsel, Bldg 3639, on
_._43 Apr 88 so at, «© —(0830,—=y hours. You may consult civilian counsel at

your own expense.

Readiness (4 our “Profession
CD 2003-00 ly4/]

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 __18 Apr 88 |
unless you request and receive an extension for good cause shown. I will send

them to the separation authority.

5. If you fail to consult counsel or submit gtatements in your own behalf, your
failure will constitute a waiver of your right to do go.

6. You have been scheduled for a medical examination. You must report to
Seymour Johnson Base Hospital at ___9700 a hours on 14 Apr 88 for
‘the examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-19, attachment 6. A copy of AFR 39-14 is
available for your use in the Unit Orderly Room.

  
   

ol, USAF 3 Atchs
Commander Supporting documents