Search Decisions

Decision Text

AF | DRB | CY2003 | FD2003-00237
Original file (FD2003-00237.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

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

 
 
   

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

  

 

 

 

 

 

 

 

EXHIBITS SUBMITTED TO THE BOARD 6 0r>

   

 

 

 

 

  

ISSUES INDEX NUMBER

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

     
 

 

7 AUG 03 FD2003-0237

   

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

    
 
 
 

 

 

 

    
   
 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
BOARD DECISIONAL RATIONALE! "=

  
 

 

 

ae

 

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 SIGNATURE OF BOARD PRESIDENT
p a -

     

 

 

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 FD03-0237

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 does not contest her discharge, she would just like it upgraded, as it would be of great
help and opportunity for her family. The record indicates the applicant received an Article 15 for using a
government telephone Personal Identification Number to make unofficial calls and for signing an official
statement indicating that those phone calls were official. She also received a Letter of Reprimand and two
Letters of Counseling for drinking underage, missing her appointment and failing her room inspection. 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.
The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the
discharge. If she can provide additional documented information to substantiate an issue, the applicant
should consider exercising her right to make a personal appearance before the Board. If she should choose
to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB
with factual evidence of the inequity and any exemplary post-service accomplishments as well as any
contributions to the community,

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
FD2003-00237
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 13 Jul 00 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge.
2. BACKGROUND:

a. DOB: 1 Jan 81. Enlmt Age: 18 1/12. Disch Age: 19 6/12. Educ: HS DIPL.
AFOT: N/A. A-94, B-61, G-59, M-40. PAFSC: 2R031 - Maintenance Data Systems
Analyst Apprentice. DAS: 7 Sep 99.

b. Prior Sv: (1) AFRes 22 Feb 99 - 30 Mar 99 (1 month 9 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 31 Mar 99 for 4 yrs. Svd: 1 Yrs 3 Mo 13 Das, all AMS.

b. Grade Status: AB - 19 Jun 00 (Article 15, 19 Jun 00)
AMN - 30 Sep 99

c. Time Lost: None.

d. Art 15’s: (1) 19 Jun 00, Elmendorf AFB, AK - Article 107. You did,
on or about 19 May 00, with intent to deceive, sign an
official statement, to wit: a Validation of Federal
Telecommunications System 2000 Telephone Calls
statement, indicating that all calls placed on your PIN
number were official, which was false in that you
knowingly placed phone calls that were unofficial, and
was then known by you to be false. Article 92. You,
who knew of your duties, on divers occasions between on
or about 2 Nov 99 and on or about 30 Mar 00, were
derelict in the performance of those duties in that you
willfully failed to refrain from using a government
telephone Personal Identification Number under the
pretense of making official telephone calls of a value
of about $119.56, as it was your duty to do. Reduction

to AB. (No appeal) (No mitigation)
e. Additional: LOC, 19 JAN 00 - Failed room inspection.

LOC, 18 NOV 99 - Missed appointment.
LOR, 02 NOV 99 - Drinking alcohol underage.

£. CM: None.

g. Record of SV: None.
FD2003-00237

(Discharged from Elmendorf AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (4) Mos (22) Das
TAMS: (1) Yrs (3) Mos (13) Das

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

Issue 1: 1, Corp respectfully request a review of records to .
upgrade my discharge from under honorable conditions to an Honorable discharge.

Issue 2: I ama single Parent and an upgrade would be of great help &
opportunilty (sic) for my family. Please let me know if there is enough
information to proceed with this request. Your assessment of my records is
appreciated. Thank you.

ATCH
None.

18JUN03/ia
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

‘MEMORANDUM FOR 611 ASUS/LGQA (AB gaia

 

FROM: 611 ASUS/CC JUN 26 200

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for misconduct based on
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 will be characterized as
honorable, general, or under other than honorable conditions. I am recommending your service

be characterized as general.

2. My reasons for this action are:

a. On or about 19 May 00, you made a false official statement. Between on or about 2 Nov
99 and on or about 30 Mar 00, you were derelict in the performance of your duties in that you
willfully failed to refrain from using a government telephone Personal Identification Number for
unofficial phone calls. For these offenses you received an Article 15, dated 19 Jun 00, reduction
to the grade of airman basic, and an entry in your Unfavorable Information File (UIF).

b. On or about 18 Jan 00, you failed to maintain your dormitory room within standards. For

this offense you received a Letter of Counseling (LOC), dated 19 Jan 00.

c. On or about 9 Nov 99, you failed to go at the time prescribed to your appointed place of
duty. For this offense you received an LOC, dated 18 Nov 99.

d. On or about 23 Oct 99, you drank while underage. For this offense you received a Letter
of Reprimand, dated 2 Nov 99, an UIF was established, and your club privileges were suspended.

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 are 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 any special pay, bonus, or education assistance funds may

be subject to recoupment.

you. I have made an appointment for you to consult Capt 52-3887, at Bldg 10480,

Rm 3300n_ 0900 at 2H \uge .c2 You may consult civilian counsel at your own
expense,

4. You have the right to consult legal counsel. Military ‘é i counsel has been obtained to assist

5.. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after the date of this letter
FP ZO0O3 - OO ZS /
i Md

unless you request and receive an extension for good cause shown. I will forward any statements
you provide 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 medical examinations. You must report, with your medical

records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at 0700 on 28-\ ung.OO
for your first exam, at which time you will be notified of the time for your second exam. You are

to refrain from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours,
ptior to examination. Bring eyeglasses (and contact solution if using contacts) if applicable.
You must be in uniform for these examinations. .

8. You have been scheduled for a Transition Assistance Program briefing. You must report to
the Family Support Center at_/O00o on 28Sune De. You have also been scheduled
for a TMO Household Goods Shipment preprocessing briefing. You must report to Bldg 8517

(People Center), Rm 247 at 9730 on 29 Jane.OC_.. You must be in uniform for

all appointments.

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 your Squadron Orderly Room.

 
  

a } Lt Col, USAF
Commander

Attachments:

. Article 15, 19 Jun 00

LOC, 19 Jan 00

LOC, 18 Nov 99

AF Form 1058, 9 Nov 99
LOR, 2 Nov 99

3 SPTG/CC Memo, 23 Oct 99

AARWNS

Similar Decisions

  • AF | DRB | CY2003 | FD2003-00146

    Original file (FD2003-00146.pdf) Auto-classification: Denied

    - , | AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Gena: AB ine. The characterization of the discharge received by the applicant was found to be appropriate. LOR, 26 MAR 01 - Failure to report to a mandatory appointment .

  • AF | DRB | CY2003 | FD2003-00054

    Original file (FD2003-00054.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2003-00054 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD MISSING MEDICAL RECORDS aun, "(Former AB) (HGH A1C) 1. 20Mar03/cr FEe2002- OOOSY DEPARTMENT OF THE AIR FORCE MAR 11 2002 509" SECURITY FORCES SQUADRON (ACC) WHITEMAN AIR FORCE BASE, MISSOURI FROM: 509 SFS/CC SUBJECT: Notification Memorandum 1. lam recommending your discharge from the United States Air Force for misconduct, specifically minor disciplinaty infractions. For...

  • AF | DRB | CY2005 | FD2005-00226

    Original file (FD2005-00226.pdf) Auto-classification: Denied

    'I('E MEhlBER (LAST, FIRST MIDDLE INITIAL) GRADE A FSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GEN I I PERSONAL APPEARANCE - -- .------A ~ s E ~ I N A M E b F COliNSFl AND OR ORGAN17A I ION - X ADDRESS AND OR OHAIR FORCE DISCIIARGK REVIEW BOARD IIECISIONAL RATIONALE CASE IVL1hlHF.R F])-2(,05-OUZ26 GENERAL: The applicant appeals for upgrade of discharge to honorable. b. Grade Status: A m - 08 Nov 01 (Article 15, 8 Nov 01) SrA - 05 Dec 00 A1C - 05 Apr 99 A m - 05 Jun 98 AB - 05...

  • AF | DRB | CY2003 | FD2003-00024

    Original file (FD2003-00024.pdf) Auto-classification: Denied

    I had been in the Air Force for three years and 3 months when this particular Sgt accused me of misconduct. For this, you were formally counseled. Letter of Counseling (LOC), 18 Oct 99 .

  • AF | DRB | CY2003 | FD2003-00142

    Original file (FD2003-00142.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) Es. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 2993-00142 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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.

  • AF | DRB | CY2003 | FD2003-00235

    Original file (FD2003-00235.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0235 GENERAL: The applicant appeals for upgrade of discharge to Honorable. (No appeal) (No mitigation) (3) 12 Apr 02, Osan AB, Korea - Article 86. (Atch 1d) e. On or about 27 September 2001, at or near Osan Air Base, Repubiic of Korea, you were over 30 days delinquent on your Air Force Club Card.

  • AF | DRB | CY2003 | FD2003-00080

    Original file (FD2003-00080.pdf) Auto-classification: Denied

    LOC, 20 MAR 00 - Speeding. You have been scheduled for medical examinations. Commander Attachments: AF Form 3070, 27 Mar 02 AF Form 1137 MER, 6 Mar 02 LOC, 19 Feb 02 LOC, 13 Feb 02 LOR, 26 Mar 01 DD Form 1408, 2 Sep 00 LOC, 20 Mar 00 .

  • AF | DRB | CY2007 | FD2006-00360

    Original file (FD2006-00360.pdf) Auto-classification: Denied

    AIR FORCE DlSCllARCE REVIEW BOARD ISIS COMMAND DR, EE WINC, 3RD FLOOR ANDREWS AFB, MD 10761-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMHKH FD-2006-003M) GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code. The misconduct included driving without a license, failing to report to supervisor, misrepresenting himself as a senior noncommissioned officer and a...

  • AF | DRB | CY2003 | FD2003-00291

    Original file (FD2003-00291.pdf) Auto-classification: Denied

    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 SECRETARY OF THE AIR FORCE FERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002 SAF/MRBR $50 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE...

  • AF | DRB | CY2003 | FD2003-00103

    Original file (FD2003-00103.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0103 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For this misconduct you received an LOR on 24 Apr 02. f. You did, at or near Sheppard AFB TX, on or about 23 Apr 02, fail to go at the time prescribe to your appointed place of duty, to wit: Physical Conditioning (PC). For this misconduct you received an AF Form 174, Record of Individual Counseling, on 17 Dec 01.