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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

     

AFSN/SSAN
Tyre PERSONAL APPEARANCE “1 > RECORD REVIEW
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NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

| VOTE OF THE BOARD.

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CESHIBITS SUBMITTED TO THE BOARD 077
ORDER APPOINTING THE BOARD

   

 

ISSUES INDEX NUMBER

   
   
   
   
     

 

 

 

 

 

 

 

 

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A93.10 A67.10 | 2_|_APPIJICATION FOR REVIEW OF DISCHARGE
A93.08 3. | LETTER OF NOTIFICATION |
A93.02 4 | BRILIF OF PERSONNEL FILE 7

COUNSEL’S RELEASE TO THE BOARD
HEARING DATE CASE NUMBER ~~ ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 7
14 Aug 2003 FD-2003-00183 PERSONAL APPEARANCE ;

TAPE RECORDING OF PERSONAL APPERANCE

       
 

APPLICANT SI8SUB AND THE BOARD §
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‘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, * to
-| submit an application to the AFBCMR ,

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SIGNATURE-DF RECORDER

 

 

 

 

 

SAF/MRBR RETARY OF THE SIR FORCE PERSONNEL COUNCH.
550 C STREET WEST, SUITE 40 F COMMA TET EE es anh Eran
RANDOLPH AFB, TX 78150-4742 :DREWS A¥B, 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 FD-2003-00183

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 nght.

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

ISSUES:

Issue 1. The applicant was discharged with a General discharge for misconduct - minor disciplinary
infractions. He received two Articles 15, three Letters of Reprimand, and five Records of Individual
Counseling. His misconduct included failure to go, willfully disobeying a direct order, financial
irresponsibility, late for work, failing dormitory inspection, and having unauthorized alcoholic beverages in
dorm room. The Board concluded the disciplinary infractions were a significant departure from the conduct
expected of all military members. The DRB opined that through these administrative actions, the applicant
had ample opportunities to change his negative behavior. The DRB was pleased to see that the applicant
w'is doing well and striving to be a good citizen.

Is 1e 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
nc ‘d that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
S¢;ember 13, 1999) that he understood he must receive an Honorable discharge to receive future
educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade,

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 Ce changed.

Attachment:
Examiner's Brief
FD2003-00183
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

 
 

(Former A1lC) (HGH SRA)
MISSING MEDICAL RECORDS

ME a Ten

  

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Aug 02 UP API 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND:

a. DOB: 9 Jul 80. Enlmt Age: 17 11/12. Disch Age: 22 1/12. Educ: HS DIPL.
AFOT: N/A. A-41, E-53, G-41, M-48. PAFSC: 2A651A ~ Jet Engines Aerospace
Propulsion Journeyman. DAS: 7 Feb 00.

b. Prior Sv: (1) AFRes 17 Jun 98 - 27 Jul 99 (1 yr 1 month 11
days) (Inactive) .

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 28 Jul 99 for 6 yrs. Svd: 3 Yrs 0 Mo 26 Das, all AMS.

b. Grade Status: A1C - 15 Jul 02 (Vacation of Article 15, 5 Aug 02)
SRA - 24 Jan 02
A1lC - 24 Sep 99

c. Time Lost: None.

d. Art 15’s: (1) 05 Aug 02, Vacation, Seymour Johnson AFB, NC - Article
86. You did, on or about 20 Jul 02, without authority,
fail to go at the time prescribed to your appointed
place of duty. Reduction to A1lC, and 10 days extra
duty. (No appeal) (No mitigation)

(2) 15 Jul 02, Seymour Johnson AFB, NC - Article 90. You,
having received a lawful order from Major @gaamannee
“iM a superior commissioned officer, then known by you
to be a superior commissioned officer, to refrain from
driving your car until it had proper registration and
insurance, did at or near Goldsboro, North Carolina, on
or about 28 Jun 02, willfully disobey the same.

Suspended reduction to A1C, and suspended 10 days extra
duty. (No appeal) (No mitigation)

e. Additional: RIC, 26 JUN 02 - Violation of a direct order not to operate
a POV until it was insured, had a current
inspection, and registration.

LOR, 24 JUN 02 - Financial irresponsibility.
LOR, 07 JUN 02 - Financial irresponsibility.
FD2003-00183

RIC, 03 JUN 02 - Financial irresponsibility.

RIC, 07 MAY 02 - Financial irresponsibility.

RIC, 20 FEB 02 - Financial irresponsibility.

RIC, 14 SEP 01 - Late for work.

LOR, 08 JUN 01 - Failing dorm room inspection and having
unauthorized alcoholic beverages in the
refrigerator.

£. CM: None.

g. Record of SV: 28 Jul 99 - 27 Mar 01 Seymour Johnson AFB 5 (Initial)
28 Mar 01 - 02 Nov 01 Seymour Johnson AFB 4 = (CRO)

(Discharged from Seymour Johnson AFB)
h. Awards & Decs: AFTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (4) Yrs (2) Mos (6) Das
TAMS: (3) Y¥rs (0) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Apr 03
(Change Discharge to Honorable)

Issue 1: I joined the Air Force with the hope that I could further myself
in life. Only towards the last six months of my service was there much of a
problem, due to the fact that I had taken up residence in off base
accomodations. I honestly felt that I could handle the responsibilities of
living off base, but due to poor judgement (sic) on my part (ie (sic) choice of
roomates, and entering and agreement that I could not afford to take on myown
(sic) if nessisary (sic)) that I was in so much financial turmoil. If you will
note that most everything leading up to my discharge had significant financial
ties to it (ex, (sic) order not to operate my vehicle until it had been renewed
and was legal to drive) which was my fault for placing myself and mt (sic)
supervisors in that situation. I asked to be discharged from the Air Force, on
the grounds that I was uncertain that nothing else were to happen for the
remainder of my enlistement. I felt that is (sic) was better to save face and
peacefully leave then risk anymore possibal (sic)embarrassment upon myself or to
the Air Force.

The reason that I am asking you to consider an upgrage (sic), is that I went
into the Air Force to better myself. This still holds true, I have been an
outstanding worker, and have done all that I have been asked to the best of my
ablilities (sic) at work, it was just my personal life that interfered. I just
want what I had set out for in the first place, money for school, in which I
plan to work and obtain no less than a PhD in the field of Astrophysies. It is
my understanding that in order to regain access to the Montgomery G.I. Bill, I
need to have a dicharge (sic) characterized as honorable. I ask you to consider
this, and make a decision that will not only benifit (sic) me, but others as
well. Thank you.
FD2003-00183

ATCH
None.

22MAY03/ia
| : oo D.2003 ~ CO/E3
- JEPARTMENT OF THE AIR FOR /
4TH FIGHTER WING (ACC)
SEYMOUR JOHNSON AIR FORCE BASE NC

 

08 AUG 2602
MEMORANDUM FOR A1 CQO CRANES

. FROM: 4LSS8/CC

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for misconduct, specifically
minor disciplinary infractions. The authority for my recommendation is AFPD 36-32 and AFI 36-3208,
Chapter 5, Section H, Paragraph 5.49. According to Table 1.3 of AFI 36-3208, your service can be
characterized as honorable, general, or under other than honorable conditions. I am recommending your
service be characterized as general.

2, My reasons for this action are:

a. On or about 15 May 2001, you failed to comply with SJAFBI 32-6005, Airman Dormitories
Standards, Conduct and Procedures, in that your room was inspected during a scheduled dormitory
inspection and it was well below the minimum acceptable standards. For this misconduct, you received a
Letter of Reprimand, an Unfavorable Information File (UIF) was established, and you were placed on the
Control Roster. These actions are documented by an AF Form 1058, dated 25 June 2001 with

attachments (Tab 1a).

b. Between on or about 20 July 2001 and on or about 14 September 2001, you reported for duty late
.on four occasions. For these incidents of misconduct, you received a Record of Individual Counseling.
These actions are documented by an AF Form 174, dated 14 September 2001 (Tab 1b).

c. On or about 20 February 2002, you received a Record of Individual Counseling for financial
irresponsibility in that you wrote two checks to your landlord for which you did not have sufficient funds
in your account to cover. These actions are documented by an AF Form 174, dated 20 February 2002

(Tab Ic).

~'d, Onor about 7 May 2002, you received a Record of Individual Counseling your Government Travel
Card account being 30-days past due in the amount of $159.18. These actions are documented by an AF
Form 174, dated 7 May 2002 (Tab 14).

e. On or about 3 June 2002, your Military Star Credit account was past due in the amount of $48.00.
’ For this misconduct, you received a Record of Individual Counseling. These actions are documented by
an AF Form 174, dated 3 June 2002 with attachment (Tab 1e).

f. On or about 5 June 2002, your Government Travel Card account was more than 60-days past due
in the amoung of $159.18. For this misconduct, you received a Letter of Reprimand. These actions are

documented by a Letter of Reprimand, dated 7 June 2002 (Tab 1f).

Global Power For America
PD 2003 -- 50/SB

g. On or about 31 May 2002, you failed to make payments on your loan in the amount of $352.94.
Additionally, on or about 1 June 2002, you failed to pay your rent in the amount of $578.00. For these
incidents of misconduct, you received a Letter of Reprimand that was placed in your existing UIF and
you were placed on the Control Roster for the second time. These actions are documented by an AF

Form 1058, dated 24 June 2002 with attachment (Tab 1g).

h. On or about 13 June 2002, you wrongfully operated your car without having automobile insurance,
a current inspection, and a current registration for your car. For this misconduct, you were given a
Record of Individual Counseling. These actions are documented by an AF Form 174, dated 26 June 2002

(Tab 1h).

i. On or about 28 June 2002, you willfully failed to obey the lawful order of a commissioned officer
in that you failed to refrain from driving your car until it had proper registration and insurance. For this
misconduct, you received an Article 15. These actions are documented by an AF Form 3070, dated

9 July 2002 (Tab 1i).

j- On or about 20 July 2002, you did, without authority, fail to go at the time prescribed to your
appointed place of duty, to wit: Quality Assurance (QA), building 4502. For this misconduct, the Article
15 punishment you received on 15 July 2002 which called for the suspended reduction to the grade of
Airman First Class was vacated. These actions are documented by an AF Form 366, dated 30 July 2002

(Tab 1j)

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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have
made an appointment for you to consult Capt qqqgggeArea Defense Counsel, at 1185 Cannon
Street, Suite 308, Seymour Johnson AFB NC. The Area Defense Counsel can be reached at ext. 2-5345

or DSN 722-5345. Your appointment has been scheduled on A Bug, 02 (cate at
(time). You may consult civilian counsel at your own expense.

5. You have the right to submit statements in yqur own behalf. Any statements you want the separation
authority to consider must reach me by {3 (| mer ( 9. (allow three duty days) unless you request
and receive an extension for good cause shown. I wif send them to the separation authority.

6. Ifyou 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 physical examination at the 4th Medical Group, Seymour
Johnson AFB, Blue Team on 12 August 2002 at 0900 hours with Major @M@# You must arrive 15

minutes prior to your scheduled appointment time.

8. You have been scheduled for mandatory Transition Assistance Program (TAPs) counseling on TAucox
August 2002 at 20 hours. You must report to building 3602 for your TAPs counseling.
2. - , PD 2003-00/63

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 unit orderly room or the Area Defense Counsel office.

10. Execute the attached acknowledgement and return it to me immediately.

 

Major, USAF
Commander, 4 LSS

Attachments:

Supporting Documentation:

AF Form 1058, dated 25 June 2001 with attachments
AF Form 174, dated 14 September 2001

AF Form 174, dated 20 February 2002

AF Form 174, dated 7 May 2002

AF Form 174, dated 3 June 2002 with attachment
Letter of Reprimand, dated 7 June 2002

AF Form 1058, dated 24 June 2002 with attachment
AF Form 174, dated 26 June 2002

AF Form.3070, dated 9 July 2002

AF Form 366, dated 30 July 2002

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