AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

yes | NO | NONE

 

MEMBERS SITTING

 

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INDEX NUMBER

A67,10

 
 

A94.53

   
  
   
 

APPLICATION FOR REVIEW OF DISCHARGE

 

  
 

 

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LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE
14 AUGUST 03 FD2003-00213 COUNSEL’S RELEASE TO THE BOARD

   
 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

   

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

SIGNATURE OF RECORH

Ms

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 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

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00213

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

     

The applicant was offered a personal appearance before the Discharge Review Board 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 the 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.

Issue 1. Applicant was discharged for minor disciplinary infractions. The records indicated the applicant
received three Letters of Reprimand, a Letter of Counseling, a verbal counseling, two Articles 15 and a
vacation of suspended punishment, all but one for failure to go or being late to work. In a 10-month period,
member failed to go or was late at least eight times. The medical records revealed he had been seen at the
clinic for sleep problems and prescribed medication that apparently offered some relief. It also noted that
member normally worked from 2300 to 0700 hours, but had a different sleep pattern on his days off. As a
result the medical staff advised him to maintain the same sleep patterns 7 days per week. The DRB opined
that through the administrative actions taken by the unit, combined with the advice of the medical staff, the
applicant had ample opportunities to change his negative behavior and was unable or unwilling to do so. The
Board concluded the 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.

  

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
FD2003-00213
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

pla aaaaaia (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 10 Feb 92 UP AFR 39-10,
para 5-46 (Pattern of Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND: |

a. DOB: 12 Jul 71. Enimt Age: 18 6/12. Disch Age: 20 6/12. Educ: HS DIPL.
AFQT: N/A. A-32, E-55, G-48, M-60. PAFSC: 60535 ~ Apprentice Air
Transportation Specialist. DAS: 21 Sep 90.

b. Prior Sv: (1) AFRes 18 Jan 90 - 30 May 90 (4 months 13 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 1 Jun 90 for 4 yrs. Svd: 1 Yrs 8 Mo 10 Das, all AMS.

b. Grade Status: AMN - 4 NOV 91 (Article 15, 4 Nov 91)
A1lC - 1 Oct 91
AMN ~- 1 Dec 90

ec. Time Lost: None.

d. Art 15’s: (1) 13 Jan 92, Vacation, Little Rock AFB, AR - Article 986.
You did, on 31 Dec 91, without authority, fail to go at
the time prescribed to your appointed place of duty.
Forfeiture of $197.00 pay per month for 1 month.

(No appeal) (No mitigation)

(2) 04 Nov 91, Little Rock AFB, AR ~- Article 86. You did,
on 20 Oct 91, without authority, fail to go at the time
prescribed to your appointed place of duty. Reduction
to Amn, and suspended forfeiture of $197.00 pay per
month for 1.month. (No appeal) (No mitigation)

(3) 18 Oct 91, Little Rock AFB, AR - Article 86. You did,
on 2 Oct 91, without authority, fail to go at the time
prescribed to your appointed place of duty. Fourteen
days restriction, and 14 days extra duty. (No appeal)
(No mitigation) ,

e. Additional: LOR, 02 JAN 92 - Late for duty.
LOR, 20 AUG 91 - Failure to go.
LOR, 13 AUG 91 - Late for duty.
LOC, 06 MAY 391 - Late for duty.
VBC, 24 APR 91 ~ Financial irresponsibility.
FD2003-00213

LOC, 19 MAR 91 - Late for duty.

f. CM: None.
g. Record of SV: None.

(Discharged from Little Rock AFB)
h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (24) Das
_ TAMS: (1) Y¥rs (8) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Apr 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.
rn Ali
4 FP2003 COR (F
DEPARTMENT OF THE AIR FORCE 7
HEADQUARTERS 314TH AIRLIFT WING (MAC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS 72099-5000
REPLY TO ,
ATINOF: 2 MAPS/CC 29 January 1992

SUBJECT: Notification Letter

o Ann esc 2 wars

1. I am recommending your discharge from the United States Air Force for
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:

(1) On 31 Dec 91, you without authority failed to go at the time
prescribed to your appointed place of duty, for which you received a vacation
of suspended nonjudicial punishment, dated 16 Jan 92. (Atch 1-1)

(2) On 16 Dec 91, you without authority failed to go at the time
prescribed to your appointed place of duty, for which you received a letter of
reprimand, dated 2 Jan 92. (Atch. 1~2)

i (3) On 20 Oct 91, you without authority failed to go at the time
prescribed to your appointed place of duty, for which you received nonjudicial
punishment on 4 Nov 91. (Atch 1-3)

(4) On 2 Oct 91, you without authority failed to go at the time
prescribed to your appointed place of duty, for which you received nonjudicial
punishment on 18 Oct 91. (Atch 1-4)

(5) On 10 Mar, 6 May, 12 and 19 Aug 91, you failed to report to your
appointed place of duty at the appointed time, for which you received a letter
of reprimand on 20 Aug 91. (Atch 1-5) ,

(6) On 12 Aug 91, you failed to report to your appointed place of duty at
the appointed time, for which you received a letter of reprimand on 13 Aug ‘91.
(Atch 1-6)

(7) On 6 May 91, you failed to report to your appointed place of duty at
the appointed time, for which you received a letter of counseling on 6 May 91.

(Atch 1-7)

(8) On 24 Apr 91, you issued a check in the amount of $15.00 to the Army
— and Air Force Exchange, without sufficient funds in your account, for which
you received a verbal counseling. (Atch 1-8)

PROUD MAC--SUPPORT AMERICA CAN ALWAYS COUNT ON
(9) On 19 Mar 91, you failed to report to your appointed place of duty at
the appointed time, for which you received a letter of counseling.
(Atch 1-9)

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. If you are discharged, you will be ineligible
for reenlistment in the Air Force.

3. 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
West Bldg 840 on 29 Jan 92 at 1300 hrs. You may consult civilian counsel

at your own expense.

4. You have the right to submit statements in your behalf. Any statements
you want the separation authority to consider must reach me by 3 Feb 92 unless
you request and receive an extension for good cause ahown. I will send them
to the separation authority.

5. If you fail to consult counsel or to submit statement 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
Physical Exams, Base Hospital at 1000 hours on 22 Jan 92 for examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, attachment 2. A copy of AFR 39~10 is
available for ur use in the unit Orderly Room.

   

 

Col, USAF 8 Atch
Commander 1-1 Vacation of suspended nonjudicial
punishment, dated 16 Jan 92
LOR, dated 2 Jan 91
Article 15 dated 4 Nov 91
Article 15 dated 18 Oct 91

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LOR, dated 20 Aug 91

LOR, dated 13 Aug 91

Loc, dated 6 May 91
Dishonored check notification,
dated 24 Apr 91

Loc, dated 19 Mar 91

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