AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

Upgrade Discharge

 

 

3 Sey
Deny

Deny

Deny

 

 

 

Deny

 

INDEX NUMBER

A67,50

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE CASE NUMBER

12 Aug 2003 FD-2003-00221

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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 right to
submit an application to the AFBCMR

SAF/MRBR SECRETARY OF THE AIM FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 46 1535 COMMAND DR. EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 29762-7002

  

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL

RATIONALE FD-2003-00221

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.

ISSUE: Applicant does not contest his discharge; he merely states that he made one mistake by getting
a less than Honorable discharge from the Air Force. He also states that he wished that he had a say so in
court for the allegations that were brought against him. The record indicates the applicant received two
Article 15s for stealing three music compact discs, wrongfully possessing a military identification card,
failure to go and for damaging a wall. He also received a Vacation action under the UCMJ for failure to
go. The member had the opportunity to present his case before a court, however, he accepted the Article
15s in lieu of a court. 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. 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
FD2003-00221
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

‘ee (Former AMN) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 4 Oct 95 UP AFI 36-3208,
para 5.50.1 (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 4 Feb 73. Enlmt Age: 18 6/12. Disch Age: 22 8/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-44, G-52, M-51. PAFSC: 3P031 - Security Apprentice.
DAS: 2 Nov 93.

b. Prior Sv: (1) AFRes 14 Aug 91 - 20 Feb 92 (6 months 7 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 21 Feb 92 for 4 yrs. EXT: 5 Oct 93 for 21 months. Svd:
3 Yrs 7 Mo 14 Das, all AMS.

b. Grade Status: AMN - 17 Aug 95 (Vacation of Article 15, 13 Sep 95)
AlC - 17 Aug 95 (Article 15, 17 Aug 95)
SRA - 21 Feb 95
A1C - 21 Jun 93
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 13 Sep 95, Vacation, Hickam AFB, HI - Article 86. You
did, on or about 5 Sep 95, without authority, fail to go
at the time prescribed to your appointed place of duty.
Reduction to Airman, and forfeiture of $200.00 pay per
month for 2 months. (No appeal) (No mitigation)

(2) 17 Aug 95, Hickam AFB, HI - Article 121. You did, on
or about 21 Jul 95, steal three music compact discs, to
wit: E-40 in a Major Way; Lords of the Underground
Keepers of the Funk; and the Dangerous Minds soundtrack,
of a total value of about $34.47, the property of the
Army Air Force Exchange Service. Article 134. Further
investigation has disclosed that you did, on or about 23
Jul 95, wrongfully possess a military identification
card, DD Form 2AF, with an incorrect birthdate, then
well knowing the same to be unauthorized. Reduction to
Airman (that which exceeds reduction to A1C suspended) .
Suspended forfeiture of $200.00 pay per month for 2
months, and 20 days extra duty. (Appeal/Withdrawn) (No
mitigation)
FD2003-00221

(3) 22 Jun 92, Lackland AFB, TX - Article 86. You, did, on
or about 7 Jun 92, without authority, fail to go at the
time prescribed to your appointed place of duty.

Article 108. You, did, on or about 6 Jun 92, without
proper authority through neglect, damage by denting a
wall, military property of the United States, the amount
of said damage being more than $100.00. Forfeiture of
$50.00 pay, 7 days extra duty, and 7 days restriction.
(No appeal) (No mitigation)

e. Additional: None.

£f. CM: None.

g. Record of SV: 21 Feb 92 - 04 Jan 94 Hickam AFB 5 (Initial)
0S Jan 94 - 27 Feb 95 Hickam AFB 3 (Annual)

(Discharged from Hickam AFB)
h. Awards & Decs: AFGCM, NDSM, AFOSLTR, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (1) Mos (21) Das
TAMS: (3) Yrs (7) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 Apr 03.
(Change Discharge to Honorable)

Issue 1: I made a lot of mistakes in my life. The one mistake that has
stayed with me my whole life was my less than Honorable discharge from the US
Air Force.

Issue 2: I am now 30 yrs old & a U.S. Air Force Disabled Vet employed with
the United States Postal Service. I have been employed for 7 yrs now. I have
always wished that I had a say so in court for the allegations that were brought
against me in 95. I have been out of the Military now for eight years. I think
it is time now to upgrade my discharge to Honorale.

I thank you in advance for this consideration.

ATCH
None.

12JAN03/ia
DEPARTMENT OF THE AIR FORCE
PACIFIC AiR FORCES

  

MEMORANDUM FOR A] CU eens:

15 SPS/CCFD
FROM: 15 SPS/CC
505 Hangar Ave
Hickam AFB HI 96853-5239

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Discreditable
Involvement with Military or Civil Authorities. The authority for this action is AFPD 36-32 and
AFI 36-3208, paragraph 5.50.1. 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 reason for this action is: On 21 Jul 95, you stole three compact discs from the Army Air
Force Exchange Service. Further investigation disclosed that you did, on or about 23 Jul 95,
wrongfully possess a military identification card, DD Form 2AF, with an incorrect birthdate, then
well knowing the same to be unauthorized. For these incidents, you received an Article 15, dated
17 Aug 95. Punishment included reduction to the grade of Airman First Class; 20 days extra
duty; a suspended forfeiture of pay; and a suspended reduction to the grade of airman until

13 Feb 96.

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.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
{ have made an appointment for you to consult Capt@§MMMMB, Area Defense Counsel, on
30 Aug 95 at 1330 hours. You may consult civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by __ 6 Sep 95 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.
‘5, If you fail to consult counsel or to submit statements i 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 15th Medical Group
at Physical Exam on 5 Sep 95 at 0845 hours for the examination.

7. 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 the squadron orderly room.

 

| Commander, 15th Security Police ‘Squadron

Attachment:
Article 15 dated 11 Aug 95