I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNlSSAN 

GEN 
C O U ~ Z j S ~ i 9 ' " + ~ ;  NAME OF COUNSEL AND OR ORGANIZATION 
YES 

PERSONAL APPEARANCE 

I  NO 

X  RECORDREVIEW 
ADDRESS AND OR ORGANlZATlON  OF COUNSEL 

I 

I 

MEMBERS SITTING 

I 

HEARING DATE 
25 JULY 03 

I 

CASE NUMBER 
FD2003-00 153 

I  APPLICANT'S ISSUE AND THE B O W S  DECISIONAL RATlONAL A N  DBQISSEDON THE A ' I T T  A$R 

Case heard at Washington, D.C. 

I 

I 

2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

/  TAPE RECORDING OF PERSONAL A P P E W C E  HEARING 

I 
Q;IS@ARGE  RKVlEW BOARDDECISIONAL RATIONALE 

I 

Advise applicant of the decision of the Board and the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00153 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 di'scharge 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 was discharged for conduct prejudicial to good order and discipline.  He had an Article 
15, two Letters of Reprimand, and an Unfavorable Information File.  His misconduct included failing to pay 
just  debts, misuse of his government travel card, and failure to pay the balance of the resultant debt.  At the 
time  of  the  discharge,  member  consulted  counsel  and  waived  his  right  to  submit  statements  in  his  own 
behalf.  The  Board  noted  member  was  given several opportunities to  correct his behavior but  was  either 
unwilling or unable to do so.  Member was age 25 and 26 when his misconduct occurred, the same age as 
other  airmen  who  honorably  complete their  service without misconduct.  There was  no  evidence he  was 
immature, or didn't  know right from wrong.  The Board determined member was responsible for his actions 
and was held accountable for them because his misconduct was disruptive to the unit.  The Board did not 
find sufficient mitigation to warrant an upgrade, and no inequity or impropriety was found in this discharge 
in the course of the records review. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 17 Oct 96 UP AFI 36- 
3208, para 5.50.2  (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Disch. 
2 .  BACKGROUND : 

a. DOB: 27 Aug 70.  Enlmt Age: 22 11/12. Disch Age: 26 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-68,  E-49,  G-53,  M-65. PAFSC: 2A634 - Aircraft Fuels Systems 
Apprentice. DAS: 25 Mar 96. 

b .  Prior Sv: (1) AFRes 13 Aug 93 -  16 Nov 93 (3 Months 4 Days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 17 Nov 93 for 4 yrs. Svd: 2 Yrs 11 Mos 1 Das, all AMS. 

b.  Grade Status:  A1C -  18 Sep 96  (Article 15, 18 Sep 96) 

SRA -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 Sep 96, Seymour Johnson AFB, NC -  Article 134.  You, 

being indebted to American Express in the amount of 
$2,886.71 for goods, service and/or lawful currency 
received, which amount became due and payable between on 
or about 1 Jun 96, and ori or about 1 Sep 96, did, from 
on or about 15 Jul 96 to on or about 4 Sep 96, 
dishonorably fail to pay said debt.  Reduction to A1C. 
(Appeal/Denied) (No mitigation). 

e.  Additional: LOR, 19 JUN  96 - Misuse of American Express government 

LOR, 12 FEB 96 -  Financial irresponsibility. 

card. 

f.  CM:  None. 

g.  Record of SV: 17 Nov 93 -  16 Jul 95  RAF  Mildenhall  5  (Initial) 

17 Jul 95 -  04 Feb 96  RAF Mildenhall  5  (CRO) 

(Discharged from Seymour Johnson AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/2 DEV. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (2) Mos  (5) Das 
TAMS:  (2) Yrs  (11) Mos  (1) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 30 Mar 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

13 Jun 03/cr 

DEPARTMENT OF THE AIR FORCE 

4TH FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR  FORCE BASE NC 

/ c @ L ? ~ ~ . ?   - 0 8 )  < 3  

MEMORAIVDUM  FOR  AI C

,

4  CRS 

~

FROM:  4 CRSICC 

'L 

SUBJECT:  Notification Memorandum 

1 .   I am recommending your discharge from the United  States Air Force for a pattern of 
misconduct, specifically, conduct prejudicial to good order and discipline.  The authority for 
my  recommendation is AFPD 36-32 and AFI 36-3208, Chapter 5, section H, paragraph 
5.50.2.  If my  recommendation is approved, your service will be characterized as honorable 
or general.  I am  recommending your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about  1 Aug 95 and on or about 6 Feb 96, while stationed at  RAF 

Mildenhall, England, you were delinquent in your rent payments in the total amount of $769.50 
pounds, as evidenced by a  letter of reprimand, and an unfavorable information file action, both 
dated 12 Feb 96, with supporting documents (atch la). 

b.  On or about 30 Mar 96, you  misused your Government American Express card, as evidenced 

by  a letter of reprimand dated  19 Jun 96 (atch  lb). 

c.  Between on or about. 1 Jun 96 and on or about  1 Sep 96, you were delinquent in your 

payments to your Government American Express account in the total amount of $2,886.71, as 
evidenced by  an Article 15 dated 24 Sep 96, with supporting documents (atch lc). 

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. 

4.  You have the right to counsel.  Military legal counsel has been obtained to assist you.  I 
have made an a;;pointment  for you to consult the Area Defense Counsel, duty phone 5336, 
on  ^/ 6 4 -  96 at  0900 
, in bldg 3601.  You may consult civilian counsel at year 
own expense. 

5.  You have the right to submit statements in your Q X ~ I  
the separation authority to consider n ~ e z ~ h  

A:;;. ztatements you want 
me by  9 0~f96 (3 workdays) unless you 

request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

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

7.  You were previously scheduled for a mandatory medical examination, at the Physical 
Examination Section, 4th Medical Group, Seymour Johnson AFB, at  07~5 hours on 
9 d'cf96 

hours on  /7Uc-wb  at Family Practice. 

,and at &@ 

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 in your Orderly Room. 

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

Commander, 4 CRS 

Attachments: 
1 .   Suppoging docun~ents: 
a.  LOR/UIF, 12 Feb 96 

wlsupporting documents 

b.  LOR,  19 Jun 96 
c.  Article 1 SIUIF, 24  Sep 96 

2.  Receipt of Notification Memorandum