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AF | DRB | CY2003 | FD2003-00176
Original file (FD2003-00176.pdf) Auto-classification: Denied
dh

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AFSN/SSAN

  
 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

wii, AIC

PERSONAL APPEARANCE X RECORD REVIEW

+) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 
   

   

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

  
 

 

INDEX NUMBER
A67.10

  
  
  
  
   
   
 

 

“ORDER APPOINTING THE BOARD

A94.05 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3

LETTER OF NOTIFICATION

CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

FD2003-0176 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

HEARING DATE

8 AUG 03

 

 

 
   
   
 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
[BOARD DECISIONAL RAUONG :

Al ad

    

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 RECORDER

   

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
Previous edition will be used.

 
 

 

 

   

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | p93.9176

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

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.

ISSUES: Applicant contends his discharge was inequitable because it was based on one isolated incident in
50 months of service with no other adverse actions. This issue is without merit. The applicant received an
Article 15 for failure to go on two separate occasions and for making a false official statement. He then had
a Vacation action under the UCMJ for failure to go. The Board found no evidence of any inequity or
impropriety on which to base a decision to upgrade the discharge. 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.

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
FD2003-00176
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD :
MISSING DOCUMENTS

me maiipgen i (Former A1C) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 5 Jun 97 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

 

2. BACKGROUND:

a. DOB: 6 Oct 71. Enlmt Age: 21 1/12. Disch Age: 25 7/12. Educ: HS DIPL.
AFOT: N/A. A-61, E-75, G-80, M-82. PAFSC: 3C051 ~ Comm-Computers Systems
Operator Journeyman. DAS: Jul 95.

b. Prior Sv: (1) AFRes 17 Nov 92 - 8 Mar 93 (3 Months 20 Days) (Inactive).
(2) Enld as AB 9 Mar 93 for 4 yrs. Svd: 3 Yrs 3 Mos 22 Das,
all AMS. AMN - Unknown. AiC - (EPR indicates): 9 Mar 93 - 8 Nov 94. SRA - 9
Mar 96. EPRs: 5,4,3.
3. SERVICE UNDER REVIEW:

a. Reenld as SRA 1 Jul 96 for 4 yrs. Svd: 0 Yrs 11 Mo 5 Das, all AMS.

 

b. Grade Status: A1C ~- 21 Apr 97 (Vacation of Article 15, 7 May 97)
c. Time Lost: None.

d. Art 15’s: (1) 7 May 97, Vacation, Falcon AFB, CO - Article 86. You,
did, between on or about 2 May 97 and on or about 4 May
97, without authority, fail to go at the time prescribed
to your appointed place of duty. Reduction to Alc.
(No appeal) (No mitigation)

(2) 21 Apr 97, Falcon AFB, CO - Article 86. You, did, on
or about 25 Mar 97, without authority, fail to go at the
time prescribed to your appointed place of duty. You,
did, on or about 27 Mar 97, without authority, fail to
go at the time prescribed to your appointed place of
duty. Article 107. You, did, on or about 27 Mar 97,
with intent to deceive, make to Captain aa an
official statement, to wit: You were late’ to class
because you had car trouble, and weren't able to get out
of class until after noon and you arrived at class
around 1300, and class was breaking up, or words to that
effect, which was totally false and was then known by
you to be so false. Suspended reduction to A1C, and 14
days extra duty. (No appeal) (No mitigation)
al

FD2003-00176

e. Additional: Unknown.
£f. CM: None.

g. Record of SV: None.

‘(Discharged from Falcon AFB)

h. Awards & Decs: AFAM, AFLSA, AFTR, NDSM, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (20) Das
TAMS: (4) Yrs (2) Mos. (28) Das

4, BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 2 Apr 03.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 50 months of service with no other adverse actions.

Issue 2: Also the discharge was my choice to proceed. I had the
opportunity to fulfill my full term of service. My discharge was not a
financial hardship, however, I had a job secured in the private sector and chose

to seperate.

ATCH
1. Applicant's Letter.

16Jun03/cr

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