AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
‘ania: AB RINNE.
TYPE |
PERSONAL APPEARANCE X_RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
Xx

 

 

 

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY
se x
X
re
X
SF ] x
, CF x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94,05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
34, JUL 05 . FD2003-0229 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL, APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

APPLICANT'S: JSSUE‘AND THE ROARD’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.

 

SIGNATURE OF RECORDER

 

   

INDORSEMENT DATE: 31 JUL 03

      

 

 

FROM:
SAF/MIBR, SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 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 FD03-0229

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and change the RE Code.

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 contends that his discharge was too harsh because he was a good worker and his
behavior occurred off-duty. The record indicates the applicant received two Article 15s, the first one for
being AWOL and failure to pay his credit card payment. The second one for receiving a DWI. In addition,
he received a Vacation action for a previous offense under the UCMJ. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative behavior. The Board
concluded the misconduct was a significant departure from conduct expected of all military members. 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
FD2003-00229

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

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 28 JUL 00 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge, to Change RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 27 Dec 78. Enlmt Age: 19 8/12. Disch Age: 21 7/12. Educ: HS DIPL.
AFOT: N/A. A-86, E-37, G-52, M-36. PAPSC: 1T131 - Aircrew Life Support

Apprentice. DAS: 7 Apr 99.

b. Prior Sv: (1) AFRes 22 Sep 98 - 23 Nov 98 (2 months 2 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 24 Nov 98 for 4 yrs. Svd: 1 Yrs 8 Mo 5 Das, all AMS.

b. Grade Status: AB - 10 Jul 00 (Article 15, 10 Jul 00)
AMN - 22 May 00 (Vacation of Article 15, 27 Jun 00)
A1C ~- 24 Mar 00
AMN - 24 May 99

c. Time Lost: None.

d. Art 15's: (1) 10 Jul 00, Davis-Monthan AFB, AZ - Article 111. You
did, on or about 18 Jun 00, physically control a
vehicle, to wit: a passenger car, while the alcohol
concentration in your breath was 0.10 grams of alcohol
per 210 liters of breath or greater as shown by chemical
analysis. Reduction to AB. (No appeal) (No mitigation)

(2) 27 Jun 00, Vacation, Davis-Monthan AFB, AZ - Article
92. You did, on or about 16 Jun 00, fail to obey a
lawful general regulation, to wit: paragraph 3.3.1.1.,
AFI 33-119, dated 1 Mar 99, by wrongfully causing
congestion on the network by using a government computer
system to gend a chain letter via email to four groups
of Air Force personnel for personal financial gain.
Reduction to Amn. (No appeal) (No mitigation)

(3) 22 May 00, Davis-Monthan AFB, AZ - Article 86. You,
did, on or about 4 May 00, without authority, absent
yourself from your place of duty at which you were
required to be, and did remain so absent until on or

about 8 May 00. Article 92. You, did, from on or about
1 Mar 00 to on or about 12 May 00, fail to obey a lawful
FD2003-00229

general regulation, to wit: paragraph 22, AFI 65-104,
dated 1 May 96, by wrongfully failing to pay your
Government Nationsbank Visa credit card. Suspended
reduction to Amn, and 45 days extra duty. (No appeal)
(No mitigation)

e. Additional: None.
£. CM: None.

g. Record of SV: None.

(Discharged from Davis-Monthan AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) ¥rs (10) Mos (7) Das
TAMS: (1) Yrs (8) Mos (5) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 5 May 03.
(Change Discharge to Honorable, Change RE Code, Reason and Authority for

Discharge)

Issue 1: I am requesting that my discharge be upgraded, because I was
discharged not for being a hard worker. I worked extremely hard and gave a
110%. As you can see in my records my discharge was due to my behaviors (sic)
mainly off duty, which I recognized and regret. I can't make excuses for myself
but do wish for you to understand that I would like to better my life as well as
my families. This change in my discharge would allow me to get the job that I
have been chasing for the past 3 years at the Airport as well as a Reservist for

the military. Thank you.

ATCH
None.

26JUN03/ia
| PDROOS - SOZAP

DEPARTMENT OF THE Aad FORCE

43D ELECTRONIC COMBAT SQUADRON (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

17 Jul 00

ew 43 ECS

 

MEMORANDUM FOR AB 3g
FROM: 43 ECS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct,
specifically minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, paragraph 5.49. If my recommendation is approved, your service may be
characterized as honorable or under honorable conditions (general). I am recommending your

service be characterized as general.
2. My reasons for this action are:

a. On or about 18 Jun 00, you drove while intoxicated. As a result, you received
punishment under Article 15 of the UCMJ and an entry was made in your existing Unfavorable

Information File (UIF) (Tab A).

b. On or about 16 Jun 00, you failed to obey a lawful general regulation, by wrongfully
causing congestion on the network by using a government computer system to send a chain letter
via e-mail to for personal financial gain. As a result, you received a Vacation of Suspended

Nonjudcial Punishment action (Tab B).

c. Between on or about 4 May 00 and on or about 8 May 00, you were absent without
authority from your place of duty at which you were required to be. Also, from on or about on
1 Mar 00 to on or about 12 May 00, you wrongfully failed to pay your Government Nationsbank
Visa credit card. As a result, you received punishment under Article 15 of the UCMJ and a UIF

was established (Tab C).

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 and will probably be denied enlistment in any component of the
armed forces and any special pay, bonus, or education assistance funds may be subject to

recoupment.

4, You have the right to consult counsel. The Area Defense Counsel (ADC) at 228-5664, has
been obtained to assist you. An appointment has been scheduled for you to consult with the

Global P. Giér for _America
“ PD 2008 - CORD 7

ADC on _ ]& Tvlovo,at_ poo _ hours. In addition to military counsel, you have the right
to employ civilian counsel at your own expense. .

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

6. 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.

7. You have been scheduled for a medical examination. You must Teport to the Physical Exams
Office of the Aeromedical Facility, Bldg 400, Rm 13, at L050: oh (Fela, for the
7307

examination.

8. You have been scheduled for an initial outprocessing briefing. You must report to the
Military Personnel Flight (MPF), Separations Element, Bldg 3200, Rm 14, at_| 60 _ on
1& Svl oo _ for the briefing. If you have questions, please call them at 228-5366.

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 Area Defense Counsel’s office, Bldg 3510.

10, Execute the attached acknowledgment and return it to me immediately.

  

iw ILt, USAF

Attachments:

1. Supporting Documents
a, Art 15, 10 Jul 00 (3 pages); AF Form 1137
b. Vacation of Suspended Nonjudicial Punishment (3 pages), 27 Jun 00
c. Art 15, 22 May 00 (3 pages); AF Form 1137

2. Airman's Receipt of Notification Memorandum