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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

   

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

       
 

 

 

  

MEMBERS SITTING
ISSUES > € INDEX NUMBER
A94.05 A67.10
HEARING DATE CASE NUMBER
24 JUN 03 FD2003-0188

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

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

 

AFHQ FORM 0-2077, JAN 00

   

(EF-V2)

   
  

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD
7 ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

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PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
AIR FORCE DISCHARGE REVIEW BOARD. DECISIONAL RATIONALE. ee,
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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

DATE: 24 JUN 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used,
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0188

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.

ISSUE: Applicant states his discharge was inequitable because it was based on one isolated incident in 26
months of service. The record indicates the applicant received an Article 15 for failure to go. He also
received a Letter of Reprimand and a Letter of Admonishment for dereliction of duty, a Verbal Counseling
for financial irresponsibility, a Memorandum for Record for dereliction of duty, bad attitude, and being
disrespectful to an NCO. He also received a traffic ticket for speeding and another Verbal Counseling for
failure to follow procedures. These several minor disciplinary infractions are clearly not an isolated
incident. The Board concluded the applicant’s misconduct was a significant departure from conduct
expected of all military members. The characterization of the discharge received by the applicant was
found to be appropriate. The Board found no evidence of any inequity or impropriety on which to base a
decision to upgrade the discharge.

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
FD2003-00188
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee. (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 18 Dec 89 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 29 Oct 69. Enlmt Age: 17 6/12. Disch Age: 20 1/12. Educ: HS DIPL.
AFOT: N/A. A-51, E~-30, G-52, M-52. PAFSC: 90550 - Pharmacy Specialist.
DAS: 8 Jun 88.

b. Prior Sv: (1) AFRes 18 May 87 - 18 Nov 87 (6 months 1 day) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 19 Nov 87 for 4 yrs. Svd: 2 Yrs 1 Mo 0 Das, all AMS.

b. Grade Status: AMN - 19 Apr 89
Alc - 19 Mar 89
AMN - (APR Indicates): 19 Nov 87-18 Nov 88

c. Time Lost: None.

d. Art 15's: (1) 19 Apr 89, Taegu AB, Korea - Article 86. You, did, on
27 Mar 89, without authority, fail to go at the time
prescribed to your appointed place of duty. Reduction
to Airman, and 30 days correctional custody. (No appeal)
(No mitigation)

e. Additional: LOR, 01 NOV 89 - Dereliction of duty.
LOA, 27 SEP 89 - Dereliction of duty.
VBC, 22 SEP 89 - Financial irresponsibility.
MFR, 07 AUG 89 - Dereliction of duty, bad attitude, and
disrespectful to an NCO.
Traffic Ticket, 13 JUN 89 - Speeding.
VBC, 28 Jul 88 - Failure to follow procedures.

£. CM: None.

g. Record of SV: 19 Nov 87 - 18 Nov 88 Yokota AB 8 (Annual)
19 Nov 88 ~- 18 Jul 89 Yokota AB 3 (Initial)

(Discharged from Travis AFB)

h. Awards & Decs: AFTR, AFOSSTR.
FD2003-00188

i. Stmt of Sv: TMS: (2) Yrs (7) Mos (1) Das
TAMS: (2) Y¥rs (1) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 13 Apr 03.
(Change Discharge to Honorable)

Issue 1: I would like to fill out an application without shame, I remember
my lifestyle of the co-ed dormitories, the medical barracks were loud music,
daily to weekend partying of male and females. I learned about comradery (sic)
and military pride, pride of being an american (sic), an american (sic) soldier
in the far east, a learning time it was, but there was so much prejudice and its
(sic) like. My discharge was inequitable because it was based on one isolated
incident in 26 months of service. With regards to pride, am today a good
neighbor and am well known in my city. A caring and watchfull (sic) citizen, I
only want what is due to me. Thank you and may god bless us all.

ATCH

1. Training Certificate.

2. Certificate of Excellence.
3. Letter of Recommendation.
4, Two Character References.

27MAY03/ia
sussECTS

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DEPARTMENT OF THE AIR FORCE.

473TH MEDICAL GROUP (PACAF)
APO SAN FRANCISCO 96328-5300

20 Nov 89

Notification Letter

Airman mt 4758 Medical Group/SGHP

1. I am recommending your discharge from the United States Air Force for
minor disciplinary infractions. The authority for this action is AFR 39-1@,
paragraph 5-46. If my recommendation ig approved, your service will be
characterized as honorable or general. I am recommending that your service
be characterized as general.

2. My reagona for this action are:

a. On 28 July 1988 you activated the pharmacy gecurity alarm becauge you
failed to follow proper procedurea. Ag a reault you received a verbal coun-
seling from your Firgt Sergeant.

b. On 26 April 1989, you failed to go, for which you received punishment
under Article 15 of the CMJ for Failure to Go. Ag a result you received 34
days corractional augtody and reduction in grade to Airman.

e. On 13 June 1989 you exceeded the speed limit, for which you received
a traffic citation for exceeding the apeed limit. As a result you received a
verbal counaeling from your Firat Sergeant.

d. On 7 August 1989 you were diareapectufl and failed to perform your
ageigned duties, for which you received a verbal counseling from your NCOIC.

e. Prior to 22 September 1989 you failed to pay your NCO club billa ina
timely manner, for which you received a verbal counseling from your First
Sergeant.

f. On 24 and 25 September 1989 you failed to follow proper procedures
while dispensing controlled narcotics for which you received a letter of
Admonishment from your NCOIC and a verbal reprimand from your Squadron Com-
mander.

@. On 24 October 1989 you failed to follow proper procedurea while
digpenging controlled narcotics, for which you received a Letter of Reprimand
that wags filed in a UIF.

3. You have the right to consult coungsel. Military legal coungel hag been
obtained to agaigt you. I have made an appointment for you to consult Capt
(MM at Bldg 420, on 22 Nov 89, at 1408 hourg. You many congult civilian
counsel at your own expehae.
4. You have the right to submit statements in your own behalf. Any state-
ments you want the separation authority to consider must reach me by 24 Nov 89
unleag you request and receive an extension for good cauge shown. I will gend
them to the separation authority.

8. If you fail to consult counsel or to submit atatements in your own be~-
half, 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 the
Physical Examination Section of the 475th Medical Group at Bldg 4495 on 21 Nov
89 at 9845 hours for the examination.

7. Any personal information you furnish in rebuttal is covered by the Priva-
cy Act Statement aa explained in AFR 39-10, attachment 6. A copy of AFR 49-
1@ ig available for your uge in the Unit Orderly Room.

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

Atchs
. DD Form 1869 Ineident Rpt
. Article 15 dtd 19 Apr 88
. Traffic Citation 13 Jun 89
. Memo For Record 7 Aug 89
. Memo For Record 22 Sep 8&9
. Ltr of Admonishment 27 Sep 89
. Ltr of Reprimand with DIF
1 Nov 89
. Aipman's Acknowledgement

 

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