AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
cd aMN alias.
TYPE " ~ ”
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN vOTEC OTHER DENY
x
a x
at. {_ |
xX
xX
| _!
hah x
ISSUES INDEX NUMBER EXHIBITS. SUBMITTED TO THE BOARD
A93.01 A67.90 1. | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
| HEARING DATE CASE NUMBER 4 | BRIFF OF PERSONNEL FILE
13 AUG 03 FD2003-0250 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL. EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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.

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

    

   

    

INDORSEMENT

 

DATE: 13 AUG 03

 

‘rere se

TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AJR 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-2003-00250

  
    
 

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and
authority for the discharge, and to change the reenlistment code.

  
  

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, change of reason and authority for discharge, and change of
reenlistment code are denied.

     
  

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.

     
  

ISSUE: Applicant contends that he should not be penalized indefinitely for a mistake he made when
young. The DRB recognized the applicant was 20 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 record indicates the applicant received an Article 15 for being
derelict in the performance of his duties in that he willfully failed to refrain from using his government
credit card while not on official orders. Additionally, he received three Letters of Reprimand and four
Letters of Counseling for failure to pay court charges, traffic violation fine, and to attend traffic school;
being late for work and lying, financial irresponsibility, disobeying a direct order, trying to defraud a
business and for failure to go. The DRB concluded that the characterization of the applicant’s
discharge was appropriate due to the misconduct.

 
       
   
   
   
   
   
      
  

  

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
FD2003-00250
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

onan, (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’‘d a GEN Disch fr USAF 14 Feb 02 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge, and Change to Reentry Code, Reason
and Authority.

2. BACKGROUND:

a. DOB: 19 Feb 81. Enlmt Age: 19 0/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-71, G-70, M-63. PAFSC: 2A313B - Tactical Aircraft
Maintenance Apprentice. DAS: 19 Feb 01.

b. Prior Sv: (1) AFRes 2 Mar 00 - 16 May 00 (2 Months 15 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 17 May 00 for 6 yrs. Svd: 1 Yr 8 Mos 29 Das, all AMS.

b. Grade Status: AMN - 6 Nov 01 (Article 15, 6 Nov 01)
A1LC - 30 Jun 00

c. Time Lost: None.

d. Art 15’s: (1) 6 Nov 01, Cannon AFB, NM - Article 92. You, who knew
of your duties at or near Cannon AFB, NM, from on or
about 2 Sep 01 to on or about 24 Sep 01. were derelict
in the performance of those duties in that you willfully
failed to refrain from using your Government ~-Sponsored
Visa credit card while not on official government
orders, as it was your duty to do. Reduction to AMN,
and 15 days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 22 JAN 02 - Failure to pay court charges, traffic
violation fine, and to attend traffic
school.

LOR, 13 NOV 01 - Late for work and lying.

RIC, 11 OCT O01 - Financial irresponsibility.

LOR, 03 OCT O1 - Late for work.

RIC, 02 JUL O01 - Disobeying a direct order.

LOR, 27 JUN 01 - Failure to obey an order or regulation,
and trying to defraud a business.

RIC, 18 JUN 01 - Late for work.

RIC, 04 JUN 01 - Failure to go.

£.. CM: None.
FD2003-00250

g. Record of SV: 17 May 00 - 30 Nov 01 Cannon AFB 3 = (Initial)

(Discharged from Cannon AFB)

h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (13) Das
TAMS: (1) Yrs (8) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Mar 03.
(Upgrade Discharge to Honorable, and Change to Reentry Code, Reason and

Authority)
Issues: My undesirable discharge was inquitable because I am young still
learnning (sic) about life, but I need to have another chance. I feel I deserve

another chance to prove I am compatible with the military. I learned from my
mistakes and want the chance to prove it. Everything I did was very immature.

ATCH
1. DD Form 214.

20Jun03/cr
(D200? -002E0
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

04 FEB 2002

 

MEMORANDUM FOR AMN¢QqQgggRRIERARRMMII (S23 FS

FROM: 523 FS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct, specifically,
discreditable involvement with military or civil authorities and a pattern of misconduct prejudicial to
good order and discipline. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph
5.50.1 and 5.50.2. If my recommendation is approved, your service will be characterized as honorable or
general. 1 am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On or about 7 Jan 02, a warrant had been issued for your arrest due to a contempt of court charge
for an unpaid traffic violation fine. After a court appearance you were sentenced to traffic school, which
you failed to attend. Additionally, you failed to contact the Magistrate’s office or your duty section
about the missed class. This misconduct is evidenced by a Letter of Reprimand, dated 11 Jan 02, and an
AF Form 1058 (Unfavorable Information File Action), dated 25 Jan 02. (Atch 1a)

b. On or about 9 Nov 01, you failed to report for duty at the time prescribed, as evidenced by a
Letter of Reprimand, dated 13 Nov 01, and an AF Form 1058 (Unfavorable Information File Action),

dated 27 Nov 01. (Atch 1b)

c. On or about 11 Oct 01, you were 60 days delinquent on your @QQRRMRBRE overmment travel
card, as evidenced by an AF Form 174 (Record of Individual Counseling), dated 11 Oct 01. (Atch Ic)

d. On or about 10 Sep 01, you failed to report for duty at the time prescribed, as evidenced by a
Letter of Reprimand, dated 3 Oct 01, an AF Form 1058 (Unfavorable Information File Action), dated 3

Oct 01. (Atch 1d)

e. T'rom on or about 2 Sep 01 to on or about 24 Sep 01, you used your aaa government
travel card while not on official government orders, as evidenced by an Article 15 action, dated 6 Nov

01. (Atch le)

 

f, Onor about 29 Jun 01, you failed to obey an order to tum im all of your tools and to give a brief
to your swing-shift counterpart. Additionally, on or about 2 Jul 01, you failed to obey an order to
perform necessary maintenance on an aircraft. This misconduct is evidenced by an AF Form 174

(Record of Individual Counseling), dated 2 Jul-01. (Atch 1g)

g. On or about 18 Jun 01, you failed to report for duty at the time prescribed, as evidenced by an AF
Form 174 ("Vcord of Individual Counseling), dated 18 Jun 01. (Atch 1g)

h. On or about 2 Jun 01, you failed to report for weekend duty at the svs.ified time, as evidenced by
an AF Form 174 (Record of Individual Counseling), dated 4 7.1 Ui. (Atch 1h) ;

PERSONAL DATA - PRIVACY ACT OF 1974 1
FE2005- OO2F0D

i. On or about 11 May 01, you unlawfully left Nellis AFB, Nevada, on a commercial bus for Los
Angeles, California, and returned on or about 13 May 01, as evidenced by a Letter of Reprimand, dated
27 Jun 01, and an AF Form 1058 (Unfavorable Information File Action), dated 28 Jun 01. (Atch 11)

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 any special pay, bonuses, or education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. An
appointment will be made for you to consult with a military legal counsel from the Cannon AFB Area
Defense Counsel’s Office at building 600, ext. 2915. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements on your own behalf. Any statements you want the separation
authority to consider must reach me within 3 duty days. from today unless you request and receive an
extension for good cause shown. I will send them to the —_— authority. .

6. If you fail to consult counsel or to submit statements on n your own behalf, your failure will constitute
a waiver of your right to do sO.

7. You will complete a medical examination at the 27th Medical Group onQ § FEB 2002, k XD
hours.

8. 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 your unit orderly room, or you may download a copy from
http://afpubs.hq.af.mil/.

  

Major, USAF

Commander, 523 FS

Attachments:
la. Letter of Reprimand, dated 11 Jan 02

AF Form 1058 (Unfavorable Information File Action), dated 25 Jan 01
1b. Letter of Reprimand, dated 13 Nov 01
AF Form 1058 (Unfavorable Information File Action), dated 27 Nov 01
lc. AF Form 174 (Record of Individual Counseling), dated 11 Oct 01
. 1d. Letter of Reprimand, dated 3 Oct 01
. AF Form 1058 (Unfavorable Inforrnation File Action), dated 3 Oct 01
le. Article 15 action, dated 6 Nov 01
1f. AF Form 174 (Record of Individual Counseling), dated 2 Jul 01
Ig. AF Form 174 (Record of Individual Counseling), dated 18 Jun 01
Ih. AF Form 174 (Record of Individual Counseling), dated 4 Jun 01
li, Letter of Reprimand, dated 27 Jun 01 ;
AF Form 1058 (Unfavorable Information File Act‘ on), daied 28 Jun 01

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