y* AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

   

aici
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
“ "| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR GRGANIZATION OF COUNSEL

   

"COUNSEL,

  
 
  

VOTE OF THE BOARD

    

MEMBERS SITTING

 

 

ft EXHIBITS SUBMIT TRO. TO THE BOARD el yoy

ISSUES INDEX NUMBER

A92.01, A92.05, A94.06 A67.10

      
 

 
   
 
   

2 | ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
3

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAFE RECORDING OF PERSONAL APPERANCE HEARING

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HEARING DATE

16 JUL 03

CASE NUMBER

FD2003-00733"

  
 
 

 
  
  

   

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MARRS
Case heard at Washington, D.C.

Change the narrative reason for separation to Secretarial Authority.

 

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 RECORD! 7 Jog) ) SIGNATURE OF BOARD PRESIDENT

  
  

 

  

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

(EF-V2) Previous edition will be used.

   

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

    
    
 

       

AFHQ FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp9003-00168

%
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: The discharge is upgraded to Honorable. The Reason for discharge is changed to Secretarial
Authority.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify upgrade of the discharge. However, based on the record, the Board finds that
the applicant’s character of discharge is inequitable.

Issue. The applicant was discharged with a General Discharge for Misconduct - Minor Disciplinary
Infractions. After a thorough and complete consideration of the information submitted by applicant and
contained 1n the records, the Board concluded there was sufficient mitigation to substantiate upgrade of the
discharge. There was evidence in the record that suggested that the member did not receive proper
counseling and that the leadership was not putting forth an effort to rehabilitate the member. Specifically,
the Board found the characterization too harsh. However, they did not condone applicant’s misconduct.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and change of reason for
discharge to Secretarial Authority, under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
. FD2003-00168
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

       

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(Former A1LC) (HGH A1C)

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1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 1 Aug 01 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 16 Aug 80. Enlmt Age: 17 7/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFOT: N/A. A-99, E-51, G-48, M-15. PAFSC: 38051 - Personnel.
DAS: 9 Feb 01.

b. Prior Sv: (1) AFRes 8 Apr 98 - 17 Nov 98 (7 Months 10 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 18 Nov 98 for 4 yrs. Svd: 2 Yrs 8 Mos 15 Das, all AMS.

b. Grade Status: A1C - 18 MAR 00
AMN - 18 MAY 99

c. Time Lost: None.
d. Art 15’s: None.

e. Additional: LOR, 20 Jun 01 ~ Disrespectful to supervisor and

unauthorized use of a government computer.

LOR, 21 Sep 00 - Failure to report for a scheduled

appointment.

LOR, 18 Aug 00 ~ Failure to report as directed.

LOR, 23 Feb 00 ~ Unauthorized use of a government computer
by using it to solicit for pergonal gain.

LOR, 07 Feb 00 - Sending pornographic material by e-mail on
a government computer.

£. CM: None.

g. Record of SV: 18 Nov 98 - 21 Oct 00 Kirtland AFB 3 (Initial)
(Discharged from Kirtland AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (3) Yrs (3) Mos (25) Das
TAMS: (2) Y¥rs (8) Mos (15) Das
FD2003-00168

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 31 Mar 03.
(Change Discharge to Honorable)

Issues: Due to the extensive amount of detail provided in my discharge
appeal I have chosen not to submit any supporting documentation. However, I
have recently applied to Georgia Military College and currently being faced with
an educational issue due to receiving a "General" discharge. I am uneligible
(sic) for benefits, which plays a key role in furthering my education. I am
hopeful that upon reviewing my records, (though it will show I was repeatedly
reprimanded), that you will conclude form (sic) the LOA's, character statements
and customer critiques that I was truly an asset to the United States Air Force
and upgrade my discharge to "honorable". God bless.

ATCH
None.

15May03/cr
[P2003 - 00/68

DEPARTMENT OF THE AIR FORCE

377TH MISSION SUPPORT SQUADRON (AFMC)
KIRTLAND AIR FORCE BASE NEW MEXICO

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MEMORANDUM FOR AIC | 377 MSS

 

FROM: 377 MSS/CC
SUBJECT: Notification Memorandum

1. lam 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 honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On 20 Jun 01, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 1)

b. On 21 Sep 00, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 1)

c. On 18 Aug 00, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 1)

d. On 23 Feb 00, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 1)

e. On 7 Feb 00, you received a Letter of Reprimand. See attached LOR for complete
details. (Atch 1)

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. Special pay, bonuses, or education assistance funds may be
subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consult Captain s@gQMMiBiGet building 20200, ext. 6-

5554, on ZO Sus Ol at_ 4300 _ hours. You may consult civilian counsel at your own
expense.
| 2003 -00¢06E-

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within 3 workdays from today unless you request
and receive an extension for good cause shown. I will send them to the separation authonity.

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

7. You must complete a medical examination at the 377th Medical Group (Physical Exams) on

Z3jutof at 131 hrs.
checkin 1300
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 unit orderly room.

   

Lt Col, USAF

 

Commander

2 Attachments:
1. Supporting Documentation
2, Other Derogatory Data