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OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
TYPE
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YES
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PERSONAL APPEARANCE
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NAME OF COUNSEL AND O R ORGANIZA r1ON
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AIR FORCE DISCHARGE REVIEW BOARD HEARING REXORD
GRADE
I Amn
x
AFSN/SSAN
RECORD REVIEW
ADDRESS AND O R ORGANIUTION OF COUNSEL
MEMBER SITTING
HEAFUNG DATE
14 Aug 2003
CASE NUMBER
Case heard at Washington, D.C.
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
I TAPE RECORDING OF PERSONAL APPERANCE
I
Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to
submit an application to the AFBCMR
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
. .- .,
I FROM:
SECRETARY OF THE AIR FORt'E PERSONNEL. COUNCIL
AIR FORCE DIbCHMGE REVlEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AQB, 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
FD-2003-00181
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 available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of Discharge is denied.
The Board finds th'e 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 that would justify a change of
discharge.
ISSUE:
The applicant submitted no issues and requested that the review be completed based on the available service
record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case
on which to base an upgrade of discharge. The records indicated applicant received two Article 15s, four
Letters of Reprimand, and six Records of Individual Counseling. His misconduct included failure to pay
debt, dereliction of duty, financial irresponsibility, failure to maintain dorm room, late for work and failing
to answer a six-ring standby, failure to complete Career Development Course, failure to follow proper
procedures, and displaying pornographic images on a government computer. The DRB opined that through
these administrative actions, the applicant had ample opportunities to change his negative behavior. The
Board concluded the disciplinary infractions were a significant departure from the conduct expected of all
military members. The Board found no evidence of impropriety or inequity in this case on which to base an
upgrade of discharge.
CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements o f t he discharge regulation and w as within the discretion o f t he
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 AMN) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 19 Mar 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.
-
2. BACKGROUND:
a. DOB: 31 Oct 79. Enlmt Age: 20 5/12. Disch Age: 22 4/12. Educ: HS DIPL.
AFQT: N/A. A-71, E-70, G-72, M-68. PAFSC: 2A634 - Aircraft Fuel Systems
Apprentice. DAS: 25 Aug 00.
b. Prior Sv: (1) AFRes 10 Apr 00 - 18 Apr 00 (9 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 19 Apr 00 for 6 yrs. Svd: 1 Yrs 11 Mo 1 Das, all AMS.
b. Grade Status: AMN - 27 Sep 01 (Vacation of Article 15, 14 Feb 02)
A1C - 02 Jun 00
c. Time Lost: None.
d. Art 15's: (1) 14 Feb 02, Vacation, McConnell AFB, KS - Article 134.
You, being indebted to Pioneer Military Lending in the
sum of $576.00 for cash and things of value, which
amount became due and payable on or about 1 Nov 01,
did, from between on or about 1 Nov 01, to on or about
4 Feb 02, dishonorably fail to pay said debt.
Reduction to Airman. (No appeal) (No -mitigation)
(2) 27 Sep 01, McC~qnell AFB, KS - Article 92. You, who
knew of your duties, on or about 20 Aug 01, were
derelict in the performance of those duties in that you
negligently failed to stay awake while performing your
duties as fireguard, as it was your duty to do.
Suspended reduction to Airman. Suspended forfeiture of
$100.00 pay per month for two months, and 30 days
restriction. (No appeal) (No mitigation)
e. Additional: LOR, 04 FEB 02 - Financial irresponsibility.
LOR, 23 JAN 02 - Not wearing proper personal protective
equipment.
RIC, 09 JAN 02 - Late for work.
RIC, 03 JAN 02 - Dereliction of duty.
LOR, 28 NOV 01 - Late for inspection and maintaining
dormitory room below minimum standards.
RIC, 18 SEP 01 - Late for work, and failing to answer the
telephone while on 6 ring standby.
LOR, 20 JUL 01 - Displaying pornograhic images on a
RIC, 13 JUN 01 - Failure to follow proper procedures for
government computer.
tool inspection.
RIC, 11 JUN 01 - Financial irresponsibility.
RIC, 25 MAY 01 - Failure to complete Career Development
Course.
f . CM: None.
-
g. Record of SV: 19 Apr 00 - 18 Dec 01 McConnell AFB 2 (1nitial)REF
(Discharged from McConnell AFB)
h. Awards & Decs: AFTR, SAEMR, AFOUA, AFSB.
i. Stmt of Sv: TMS: (1) Yrs (11) Mos (10) Das
TAMS: (1) Yrs (11) Mos (01) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 APR 03.
(Change Discharge to Honorable)
NO ISSUES SUBMITTED
ATCH
None.
J
i
DEPARTMENT OF THE AIR FORCE
22D MAINTENANCE SQUADRON (AMC)
McCONNELL AIR FORCE BASE, KANSAS
r
J
WAR 0 6 2002
MEMORANDUM FOR A
FROM: 22 MXSICC
SUBJECT: Notification Memorandum
1. I am recogmending your discharge from the United States Air Force for minor disciplinary
If my
infractions, in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.49.
recommendation is approved, your service may be characterized as either honorable or under
honorable conditions (general). I am recommending that your service be characterized as under
honorable conditions (general).
2. My reasons for this action'are:
a. You did, between on or about 25 October 2000 and on or about 24 May 2001, fail to
satisfactorily complete your Career Development Course (CDC). When asked to provide the self
test question worksheet, it was determined that you had very little progression. Your projected
completion date for your CDCs was 13 February 2001 and as of 24 May 2001 your CDCs had
not been completed. For this. incident, you received a Record of Individual Counseling (RIC),
dated 25 May 2001.
b. You, being indebted to Riverwalk Apartment, failed to pay the past due amount of
$635.00 in rent for June 2001. You had also been late with your rent payment five of the
previous nine months. Additionally, you failed to pay your car payment for the amount of
$564.85. For these incidents, you received a RIC, dated 1 1 June 2001.
c. You did, on or about 8 June 2001, fail to follow proper procedures for end of shift tool
inspection. A consolidated tool kit (CTK) was signed closed by you with a tool missing from its
contents. This missing tool was later found in the trash. For this incident, you received a RIC,
dated 1 3 June 200 1.
d. You did, on or about 30 May 2001, wrongfully display pornographic images on your
government computer, in violation of Air Force Instruction (AFI) 33-129, paragraph 6.1.3, dated
1 August 1999. For this incident, you received a Letter of Reprimand (LOR), dated 20 July
2001.
e. You were, on or about 18 September 2001, late for work. Attempts were made to
contact you about your duty schedule change, but you never answered the phone, even though
you were on six-ring telephone standby. For this incident, you received a RIC, dated 18
September 200 1.
AMC--GLOBAL REACH FOR AMERICA
f. You, who knew of your duties at McConnell Air Force Base, Kansas, on or about 20
August 2001, were derelict in the performance of those duties in that you negligently failed to
stay awake while performing your duties as fireguard, as it was your duty to do. For this
incident, you received nonjudicial punishment (Article 15), dated 27 September 2001 and an
Unfavorable Information File (UIF) was initiated.
g. You did, on or about 16 November 2001, maintain your dormitory room below
minimum standards. You were instructed to clean your room and be ready for standby inspection
on 19 November 2001. You were late for this inspection because you overslept. This ihspection
also resulted in a failure. For this incident, you received a LOR, dated 28 November 2001.
h. You were, on or about 3 January 2002, asked to go to the tool room to get the needed
tools and supplies for a ground emergency fuel leak. In response, you were seen walking and
showing no concern for the emergency. When told to hurry, you shrugged your shoulders as if to
say you were already moving quickly. For this incident, you received a RIC, dated 3 January
2002.
i. You did, on or about 9 January 2002, report one hour late to work. For this incident,
you received a RIC, dated 9 January 2002.
j. You were, on or about 18 January 2002, tasked to drain residual fuel from the #1 main
tank on an aircraft. During this task, you were seen not wearing the proper personal protective
equipment W E ) . When questioned, you stated that you knew you were supposed to have your
PPE on during draining operations. For this incident, you received a LOR, dated 23 January
2002.
k. You, being indebted to Pioneer Military Lending, failed to pay the past due amount of
$576.00 as of 4 February 2002. For this incident, you received a LOR, dated 4 February 2002,
which was placed in your existing UIF.
1. You, being indebted to Pioneer Military Lending in the sum of $1,146.10 for cash and
things of value, which amount became due and payable on or about 1 November 2001, did at or
near McConnell Air Force Base, Kansas, from 1 November 2001 to 4 February 2002,
dishonorably fail to pay said debt. For this incident, you received an AF Form 366, Record of
Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 15 February 2002.
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. You are ineligible for reenlistment in the Air
Force if your discharge is approved.
4. You have the right to consult military counsel. Military legal counsel will be made available
to assist you, at no expense to you. I have made an appointment for you to consult with the Area
Defense Counsel (ADC) at McConnell AFB, Kansas, on 7H4-h 02 at 13 0 0 L. You can
contact the ADC at ext. 4375. You may consult with civilian counsel at your own expense.
5. You have the right to submit matters in your own behalf. Any statements you want the
separation authority to consider must reach me by 11 "?&La+ at
30 L unless you request
and receive an extension for good cause shown. Any matters and statements you submit will be
forwarded to the separation authority.
,
6. 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.
7. You have been scheduled for a mandatory medical appointment. You are to report to the
22d Medical Squadron, Physical Exams Section, on 6 Bliht 6 -2
at 1306-/%d L. Take your
medical records with you.
8. If you live in base housing, you must contact the housing office immediately upon receipt of
this notification.
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 in your squadron orderly room.
10. Execute the attached acknowledgment and return it to me immediately.
- ,
Attachments:
1. Receipt of Notification Memorandum
2. Statement of Understanding
3. Identification Card Retrieval Letter
4. RIC, dated 25 May 01
5. FUC, dated 11 Jun 01
6. RTC, dated 13 Jun 01
7. LOR, dated 20 Jul01
8. RIC, dated 18 Sep 01
9. AF Form 3070, dated 27 Sep 01
10. LOR, dated 28 Nov 01
11. RIC, dated 3 Jan 02
12. RIC, dated 9 Jan 02
13. LOR, dated 23 Jan 02
14. LOR, dated 4 Feb 02
15. AF Form 366, dated 15 Feb 02
AF | DRB | CY2006 | FD2006-00136
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