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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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TYPE
PERSONAL APPEARANCE X_ RECORD REVIEW

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

 

 

‘| NAME OF COUNSEL AND OR ORGANIZATION : ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING “TON GEN voTHe OTHER | DENY
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ISSUES INDEX NUMBER EXHIBITS SUBMITTED tO THE ROARD
A93.09 AG67.50 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
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8 AUG 03 FD2003-0226 . COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF |
PERSONAL APPEARANCE
she |
TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S.ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
“REMARKS |

 

 

 

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.

 

 

 

 

 

oe INDORSEMENT “DATE: : 3 AUG 03
TO: FROM: —— ——
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFR, 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 FD03-0226

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.

z
ISSUES: Applicant contends that his discharge was too harsh because he thinks it is an injustice for him to
continue to suffer the adverse consequences of a bad discharge. Specifically, he is not able to collect on his
GI Bill in order to be able to attend college and establish a career. This issue is without merit. The
applicant did not receive a “bad discharge”. He received a General Discharge under Honorable conditions.
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. 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 that would warrant an upgrade. The applicant then states that his Article 15s
indicate only isolated or minor offenses and that his youth and immaturity impaired his ability to serve.
This issue is also without merit. The applicant received one Article 15 and it was for wrongfully having a
loaded pistol and 31 rounds of ammunition in his dormitory room. This is not a minor incident. The
DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no
evidence he was immature or did not know right from wrong. The Board opined the applicant was older
than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.
The DRB concluded that the characterization of the applicant's discharge was appropriate due to the
misconduct. Finally, the applicant states that the use of alcohol and his psychiatric problems further
impaired his ability to serve. There is no mention in the record about a psychiatric problem. The record
does reveal that the member was treated for an alcohol problem. Also, in addition to the Article 15, the
applicant received a Letter of Reprimand for lying to his supervisor and four Letters of Counseling for
reporting to work unshaven, failure to go, failure to pass his dormitory room inspections and for being late
for work numerous times. The applicant states that his discharge did not take into account the good things
he did while in the service. The DRB took note of the applicant’s duty performance as documented by his
performance reports, letters of recommendation and other information contained in the records. They found
the seriousness of the willful misconduct offset any positive aspects of the applicant’s duty performance.
The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the
discharge. '

A

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.
FD2003-00226
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

anahas (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Mar 95 UP AFI 36-3208,
para 5.50 (Misconduct - A Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 24 Jul 73. Enlmt Age: 18 7/12. Disch Age: 21 7/12. Educ: HS DIPL.
AFQT: N/A. A-48, E-72, G-53, M-88. PAPSC: 2A631B - Aerospace Propulsion
Apprentice. DAS: 27 May 94.

b. Prior Sv: (1) AFRes 17 Mar 92 - 15 Jun 92 (2 Months 29 Days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enld as AB 16 Jun 92 for 4 yrs. Svd: 2 Yrs 8 Mos 15 Das, all AMS.

b. Grade Status: AlC - 16 Oct 93
AMN - Unknown

ec. Time Lost: None.

d. Art 15's: (1) 22 Jun 94, Ramstein AB, GE - Art 92. You, did, on or
about 9 Jun 94, fail to obey a lawful general
regulation, to wit: AFR 125-37, dated 23 Oct 87, by
wrongfully having in your dormitory room a Raven Arms P-
25 pistol, and 31 rounds of .25 cal ammunition.
Suspended reduction to AMN, and forfeiture of 7 days
pay. (No appeal) (No mitigation)

e. Additional: LOR, 24 JAN 95 ~ Lying to supervisor.

LOC, 28 DEC 94 - Late for work (4™ time).
LOC, 22 DEC 94 —- Failure to pass dormitory room inspection.
LOC, 21 NOV 94 - Failure to go.
Loc, 23 AUG 94 - Reported for work unshaven.

£f. CM: None.

gq. Record of SV: 16 Jun 92 - 15 Feb 94 Dyess AFB 4 (Initial)
(Discharged from Hanscom AFB)

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (11) Mos (14) Das
TAMS: (2) Yrs (8) Mos (15) Das
FD2003-00226

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 26 Apr 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH .
1. Applicant's Issues.

16Jun03/er
JL2O -00.2 26

April 23, 2003

 

Dear DEB:

The following iseues are the reasons | belleve my dlechard should ke
upgraded to Honorable. If you disagree, please explain in detail why you
disagree. The presumption of regularity that might normally permit you to
aséurmeé that the service acted correctly in characterizing ny sérvices a6 less
than honorable doos nob apply to my cage because of the evidence | am
submitting.

Clemency is warranted because lt Is an injustice for me to continue to
euffer the adverse consequences of a bad discharge. Specifically, | am not
able to collect on my GI Bill in order to be able to atrend college and establish
a career which will allow me to be a productive member of goclety.

My average conduct and efficlency.ratinge/behavior and proficincey
marke were good, prior to the end of my time In South West Aelia, This Is best
éexampllfled by the fact that | recelved decoration for the time | eervéed tn
Saudi Arabia,

My record of Article 15s Indicates only isolated or minor offenses, all
occuring after my time in Gaual Arabia. My youth ana immaturity inpaired my
ability to serve, inspite of my desire to serve to the end of my tour. The use of

aicohol and payclatric problema, after my aeeignment In Qouth Weet Agia,
further impaired my ability to serve until the end of my tour,

Ultimately, three-fourths of my tour. wae one of good standing and
conduct, and only after my time in Goutn Weat Aala, did iasues arise which
impaired my abllity to serve and complete my tour. | feel that the time | wae
honored for In Saudi Arabla are the underlying factore which led te my current
discharge status, which je unfair, since i recelved decoration for this same
service. . a oo

For the above listed laauea, | request my current discharge etatua be
uparsied to honerable, =<

m
FL2O00 9-00 228

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

MEMORANDUM FoR 1; Jie 37 2: 31 Jan 45

FROM: 37 AS/CC

SUBJECT: Notification Memorandum

v,

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

a pattern of misconduct. The authority for this action is AFPD 36-32 and AFI
36-3208, paragraph 5.50. 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 discharge action are as follows:

a. On 23 Jan 95, you lied to your supervisor. For this act of misconduct
you received a Letter of Reprimand, dated 24 Jan 95 and this discharge action
was initiated.

b. On 27 Dec 94, you failed to report to work on time for the fourth time
in one month. For this act of misconduct you received a Letter of Counseling,
dated 28 Dec 94

c. On 13 Dec 94, you failed a quarterly room inspection. On 14 Dec 94,
you failed the re-inspection. For this act of misconduct you received a
Letter of Counseling dated 22 Dec 94.

d. On 10 Nov 94, you failed to go to a Track IV Alcohol Rehabilitation
Aftercare group meeting as it was your duty to do. For this act of misconduct
you received a Letter of Counseling, dated 21 Nov 94.

e. On 23 Aug 94, you were in violation of AFR 35-10, by reporting to work
unshaven. For this act of misconduct you received a Letter of Counseling,
dated 23 Aug 94.

£. On 9 Jun 94, you failed to obey a lawful regulation, by wrongfully
having. in your dormitory room a Raven Arms P-25 pistol and 31 rounds of .25
caliber ammunition. For this act of misconduct you received an Article 15,
dated 22 Jun 94.

Note: Copies of the documents to be forwarded to the separation authority in
support of this recommendation are attached. The commander exercising SPCM
jurisdiction or higher authority will decide whether you will be discharged
er 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: legal counsel. Military legal counsel ia
been obtained to afzigt you. I hi mad an a pointment. for you to consul

‘with counsel at Bldg 2111 on 2 Feb 6906° F Bi You may. Cosme c civilian
Jounscl at your own expense. :
[KO?OO2 - 020226

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 NLT

(3 duty days) 3 Fes 4S at _|Aoo hours 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 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. ¥ mw will report in,
uniform with your escort. to the USAF Ramstein Clinic (Physical Exams), at
@800 hours on 1 Feb 94 for the examination. . If you wear glasses, you must
bring them with you; if you wear contacts, you must be able to remove them.
If you have a family history of diabetes, you must fast for 12 hours prior to
your appointment .

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 orderly

room...

8. Execute the attached acknowledgment and return it to ge immediately.

 

Attachment:

Supporting Documents for the Reason
for Discharge

LOR, dtd 24 Jan 95

Loc, dtd 28 Dec 94

Loc, dtd 22 Dec 94

LOC, dtd 21 Nov 94

. Loc, dtd 23 Aug 94

Article 15, dtd 22 Jun 94

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