AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL" NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

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| ISSUES INDEX NUMBER a GARD
A94,06 A67.10 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION
| HEARING DATE CASE NUMBER |"4 | BRIEF OF PERSONNEL FILE
3 JUL 03 FD2003-0171 ‘a

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

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TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

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REMARKS

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APPLICANT'S ISSUE AND THE BOARD S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

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Case heard at Washington, D.C.
Advise applicant of the decision of the Board.

* Change the Reason and Authority to Secretaril Authority.

** Change the RE Code to 3K.

 

SIGNATURE OF RE
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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, MI) 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-00171

GENERAL: The applicant appeals for an Honorable Discharge, a Change in Reason and Authority for
Discharge, and to change the Re-enlistment (RE) Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and elected to
exercise this right. However, the case was considered tendered before the personal appearance.

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

FINDINGS: Upgrade of discharge to Honorable is approved. The Reason and Authority for discharge is
changed to Secretarial Authority and the RE Code is changed to 3K.

ISSUE: Applicant contends that his discharge was too harsh. The records indicate the applicant was
discharged with a General discharge for Misconduct ~ Minor Disciplinary Infractions, for receiving four
Letters of Reprimand for Financial Irresponsibility. After a thorough and complete consideration of the
information submitted by the applicant and information contained in the record, the Board concluded there
was sufficient mitigation and extenuation to substantiate upgrade of the discharge. Although the member
elected a personal appearance, this case was a tender consideration. Tender consideration is the process of
reviewing projected personal appearance DRB cases to determine if the Board would grant the requested
relief on the record. All Board members voted to grant the relief requested. The majority of Board
members voted to change the RE Code. Therefore, this case is considered Tendered.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the
procedural and substantive requirements of the discharge regulation.

In view of the foregoing finding, the Board further concludes that the overall quality of the applicant’s
service is more accurately reflected by an honorable discharge. The Board concluded that the Reason and
Authority of the applicant’s discharge should be changed to Secretarial Authority and the RE Code should
be changed to 3K.

Attachment:
Examiner's Brief
PROCEDURES FOR TENDER CONSIDERATION

“Tender” consideration is the process of reviewing projected personal appearance DRB
cases to determine if the Board would grant the requested relief on the record.

The DRB support staff will review all personal appearance cases for tender consideration.
If it is determined the requested action can be approved by review of the record, the
Chief, DRB wil] serve as the Action Officer and process the case as a Tender. (Any
SAFPC action officer can present the case.)

The case is then presented at a regularly scheduled Board meeting. If the majority votes
to grant the relief requested, the Action Officer annotates “Tendered” in the remarks
section of the vote card. The write-up for the case will indicate that the Board, on its own
initiative, decided to upgrade the case based on the record.

If the majority votes to deny the requested relief, the vote card will be annotated “no
tender” and the case will be returned to the personal appearance file drawer. Normal
procedures will then apply for scheduling a personal appearance.
FD2003-00171
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

shite (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 24 Apr 91 UP AFR 39-10,
para 5-46 (Misconduct ~- Minor Disciplinary Infractions). Appeals for Honorable
Discharge and Change to Reentry Code.

2. BACKGROUND:

a. DOB: 12 Dec 66. Enlmt Age: 20 6/12. Disch Age: 24 4/12. Educ: HS DIPL.

AFOQT: N/A. A-65, E-77, G-57, M-63. PAFSC: 46250 - Aircraft Armament System
Specialist. DAS: 31 Jan 89.

b. Prior Sv: (1) Enld as A1C in ANG 25 Jun 87 for 8 yrs. Svd: 1 Yr 7
Months 6 Days, or which AMS is 4 Months 4 Days.

3. SERVICE UNDER REVIEW:

a. Enld As A1C 31 Jan 89 for 4 yrs. Svd: 2 Yrs 2 Mos 25 Das, all AMS.

b. Grade Status: None.
c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 11 MAR 91 - Financial irresponsibility.
LOR, 05 FEB 91 —- Financial irresponsibility.
LOR, 18 JAN 91 - Financial irresponsibility.
LOR, 11 DEC 90 - Financial irresponsibility.

£. CM: None.

g. Record of SV: 31 Jan 89 - 7May 90 Shaw AFB 3. (Initial)
| (Discharged from Shaw AFB)

h. Awards & Decs: AFOUA, NDSA, HSM, SAEMR, AFTR.

1. Stmt of Sv: TMS: (3) Yrs (10) Mos (0) Das
TAMS: (2) Yrs (6) Mos (29) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 1 Apr 03.
(Upgrade Discharge to Honorable and Change Reentry Code)

Issues: I think my discharge was inequitable because the problems that
cause the actions from my separation ocurred (sic) in a period of time between
'FD2003-00171

16 nov 1990 (sic) and 18 december 1990 (sic) after that time. I took care of
the problem inmediatly (sic) and my performance on my work was NEVER affected,
the recomendation (sic) letters from my reporting oficials (sic) Ssgt

Wit, Ssgt ne, and the enlisted performance report were (sic) the
recomendation (sic) from the weapons NCOIC was positive for promotion and the
unit commander concur with that recomendation (sic). they (sic) never had any
complains (sic) on my duty performance but they never gave me the opportunity to
demonstrate that this was an isolated situation and will not be repeated, as my
records shows after that date of december (sic) 18 1990 they didn't have any
other complaint of my financial situation that was the main and only reason for
my separation from service. That's the reason why I am asking for the upgrading
of my dischage to Honorable and the change of the reenlistment code.

ATCH
None.

16Jun03/cer
FP2002 -O00 77 }
DEPARTMENT OF THE AIR FORCE

4507TH CONSOLIDATED AIRCRAFT MAINTENANCE SQUADRON (TAC)
SHAW AIR FOACE BASE SC 29152-5000

 

REPLY TO £ APR 1991

ATTN OF: co

Suevect: “Notification Letter

ro “nc C seaman wee. «507th Consolidated Aircraft
intenance Squadron

1. I am recommending your discharge from the United States Air Force for
Misconduct - Minor Disciplinary Infractions. The authority for this action
is AFR 39-10, paragraph 5-46. 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:

DATE: 28 January 1991
INCIDENT: Dishonorable Failure to Pay Just Debt
ACTION TAKEN; Letter of Reprimand/UIF

DATE: 18 December 1990
INCIDENT: Uttering Worthless Checks (2)
ACTION TAKEN: Letter of Reprimand

DATE: 24 November 1990
INCIDENT: Uttering Worthless Checks (2)
ACTION TAKEN: Letter of Reprimand/Suspended Check Cashing Privileges

DATE: 16 November 1990
INCIDENT: Uttering Worthless Check
ACTION TAKEN: Letter of Reprimand

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.

3. You have the right to _Goneuit counsel. Military legal counsel has been
obtained to assist you. I have made arrangements for you to consult SSgt
, Area Defense Administrator, at extension 2437, bldg 825a on
rit at TMS. You may consult civilian counsel at your own expense.
[OC 2003-0017)

4. You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider must reach me
within three days after receipt of the notification letter, 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 to submit statements in your own
,, behalf, your failure will constitute a waiver of your right to do so.

6. You have been scheduled for a medical examination. You must report to
Shaw Air Force Base Hospital on 9 April 1991 at 0745, for a medical

examination.

7. You have been scheduled an appointment with the Separation Unit at
CBPO. You must report to the Separation Unit at on @

8. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFR 39-10, attachment 6. A copy of
AFR 39-10 is available for your use in the orderly room.

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

USAF

 

2 Atch

1. Supporting Documents, Reasons
for Discharge

a. LOR, dtd 5 Feb 91 w/atch

b. LOR, dtd 11 Mar 91 w/atch

d. LOR, dtd 18 Jan 91 w/atch

e. LOR, dtd 11 Dec 90 w/atch

2. Airman’s Receipt of
Notification Letter