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‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| samattnae stand AIC
TYPE
PERSONAL APPEARANCE _| X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN OTH OTHER DENY
xX
xX
x
1
xX
+
x
ISSUES INDEX NUMBER [ EXHIBITS SUBMITTED TO, THE BOARD
A93,09 A67.10 y | ORDER APPOINTING THE BOARD
3 ‘TAPPLICATION FOR REVIEW OF DISCHARGE
{_ 3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
9 JUL 03 FD2003-0155 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 BOARDS DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR ‘FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

eee

REMARKS

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 RECOB

 

 

INDORSEMENT DATE: 9 JUL 03

etre ——— ns , nn a

  

 

 

TO: FROM:
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 FD03-0155

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and change the 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 is denied.

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

ISSUE: Applicant contends that his discharge was too harsh because he was going through a divorce at the
time and he was under a great deal of stress. The record indicates the applicant received an Article 15 for
being disrespectful in language and deportment toward an NCO. He also received two Letters of
Reprimand for being disrespectful to a superior NCO. 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 this 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. The Board found no evidence of
any inequity or impropriety on which to base a decision to upgrade the 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
FD2003-00155

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 GEN Disch fr USAF 4 Oct 00 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, and Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 23 Nov 78. Enlmt Age: 19 4/12. Disch Age: 21 10/12. Educ: HS DIPL.
AFQT: N/A. A-36, E-59, G-53, M-74. PAFSC: 38131 - Heating, Ventilation, Air
Conditioning and Refrigeration Apprentice. DAS: 1 Mar 99.

b. Prior Sv: (1) AFRes 26 Mar 98 - 21 Apr 98 (27 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enid as AB 22 Apr 98 for 4 yrs. Svd: 2 Yrs 2 Mos 13 Das, all AMS.

b. Grade Status: Al1C - 22 AUG 99
AMN - 22 OCT 98

c. Time Lost: None.

d. Art 15’s: (1) 18 Aug 00, Andrews AFB, MD - Article 91. You were, on
or about 7 Aug 00, disrespecful in language and

deportment toward SSgt Aa aan a NCO, then
known by you to be a superior NCO, by taking the keys to

your assigned truck and throwing them on the ground
because you dislike the truck assigned to you by SSgt
and then walking out of his office.

Suspended reduction to AB, and 45 days extra duty.
(No appeal) (No mitigation)

e. Additional: LOR, 11 JUL 00 - Disrespectful to a superior NCO and using
profanity.
LOR, 15 JUN 00 - Disrespectful to a superior NCO and using
profanity.
£. CM: None.
g. Record of SV: 22 Apr 98 ~ 21 Dec 99 Andrews AFB 5 (Initial)
(Discharged from Andrews AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (9) Das
£0 2002- OOISS
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 89TH AIRLIFT WING (AMC)

 

MEMORANDUM FOR AC (iia. 89 CES 13 Seg e

FROM: 89 CES/CC
Andrews AFB MD 20762-5000

ee ‘
g Bae La

SUBJECT: Notification Memorandum — Administrative Discharge

1. Iam recommending your discharge from the United States Air Force for Misconduct,
specifically Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI
36-3208, paragraph 5.49. If my recommendation is approved, your service will be characterized
as general (under honorable conditions).

2. My reasons for this action are:

a. You were, at or near Andrews Air Force Base, Maryland, on 14 Jun 00, disrespectful
to your superior noncommissioned officer by taking your hat and BDU shirt off and throwing it
to ground during a counseling session. Furthermore you were disrespectful during the session by
using profanity to your superior noncommissioned officer. Asa Tesult, you received a letter of
reprimand. (Atch 1.)

b. You did, at or near Andrews Air Force Base, Maryland, on 10 Jul 00, show blatant
disrespect to superior noncommissioned officer by using profanity toward him. AS a result, you,
received a letter of reprimand and UIF. (Atch 2.) .

hs hetero ctranrmt tanner emer ape nbeariCtthe ERP at HH oh CO S e  eRrec “po ee en Ao rt RSM in fo IRR Nottm Arcee IE me teat ahcra eT ma mrt A E,

c. You were, at or near Andrews Air force Base, Maryland, on 07 Aug 00, disrespectful
in language and deportment toward a noncommissioned officer, then known by you to be a
superior noncommissioned officer, by taking the keys to your assigned truck and throwing them
on the ground because you disliked the truck assigned to you, and then walking out of his office.
As a result, you received an Article 15 dated 18 Aug 00. (Atch 3.)

3. [have attached copies of the documents to be forwarded to the separation authority in support

of this recommendation. 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 separation will be characterized. -If you are discharged, you will be .~.w..--— nena
ceseomerliiel gible-forreenlistment-in-any;component-ofthe-Armed-Foreesand-any-speci -paybomses oan

or education assistance funds may be subject to recoupment.

4, Youhave the right to military counsel. [have made an appointment for you with the Area
Defense Counsel’s office, bldg 1430 Amold Avenue. Report at 1000 on Friday 15 Sep 00

with Coo In addition to military counsel, you have the right to employ civilian
counsel. Th

AMC—Global Reach For America
[<0 200 3 0O7ES

Force does not pay expenses incident to the employment of civilian counsel. Civilian counsel, if
employed, must be readily available.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me no later than three duty days from today, 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 to submit statements in your own behalf, your failure will
cofistitute’a waiver of your right to do so.

7. You have been scheduled for a medical examination. Report to Bldg 1075, Primary Care
Clinic, at 0930 hrs on 22 Sep 00 for the examination. Please report to Physical Exams prior to
appointment to pick up AF Form 2697 with medical records.

8, Please ensure you attend the next regularly scheduled Transition Assistance Program briefing.
This is a mandatory 2-hour briefing given every Wednesday at the Family Support Center, Bldg
1610. Please call 2-7087 to schedule yourself for the next briefing.

9, 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 Publications Library.

 
   
  

_ er Lt Col, USAF
‘Commander, 89th Civil Engineer Squadron f

 

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soerenmneme"A ttachments:
1. LOR, 15 Jun 00
2. LOR/UIF, 11 Jul 00
3. Art. 15, 18 Aug 00

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