p 

.. 

-  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE 

1.  P  'OUNS%% 
I  No 
1  YES 

PERSONAL APPEARANCE 

I 

I 
I 
]  NAME OF COUNSEL AND OR ORGANIZATION 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

I 

1  X 

I 

RECORD REVIEW 

I 

ADDRESS AND OR ORGANLZATION OF COUNSEL 

I 

I 

MEMBER SITTING 

HON 

I 

VOTE OF THE BOARD 

GEN 

I  UOTHC 

OTHER 

I  DENY 

1 

ISSUES 

A95.00 

INDEX NUMBER 

A67.10 

I 

HEARING DATE 
21 Aug 2003 

CASE NUMBER 
FD-2003-00268 

I 

EXHIBITS SUBMlTTED TO THE BOARD 

I 

I 

I 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

I 

I 

APPLICANT'S ISSUE AND THE BOARD'S DECLSIONAL RATIONAL ARE DISCUSSED ON  THE ATI'ACHFD  AlR FORCE DISCHARGE REWEW BOARD DECISIONAL RATIONALE 

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 

1 

I 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX  78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00268 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of Discharge is denied. 

The Board  finds the applicant submitted no  issues  contesting the equity  or propriety  of the discharge,  and 
after a thorough review of the record, the Board  was unable to identify  any that  would justify  a change of 
discharge. 

ISSUE:  The  applicant  submitted  no  issues  and  requested  that  the  review  be  completed  based  on  the 
available  service record.  The Board  reviewed  the  entire record  and  found  no  evidence  of  impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received two 
Article  15s for  failure to  go  and  for  being  AWOL  for  3  days.  Additionally,  he  received  three  Letters of 
Reprimand  and two Letters of Counseling for being late for work, failing his dorm room inspections, failure 
to go and failure to obey an order.  The DRB opined that through these administrative actions, the applicant 
had  ample opportunities to change his negativelrepetitive  behavior.  The Board  concluded the disciplinary 
infractions were  a  significant  departure  from  the  conduct  expected  of  all  military  members.  The  Board 
found no evidence of impropriety or inequity in this case on which to base an upgrade of 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 

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 27 Sep 94 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions) .  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 6 Dec 74.  Enlmt Age: 17 3/12.  Disch Age: 19 9/12. Educ: HS DIPL 

AFQT: N/A.  A-95,  E-78,  G-76,  M-70. PAFSC: 3P031 -  Security Apprentice. 
DAS: 16 Dec 92. 

b.  Prior Sv: (1) AFRes 31 Mar 92 -  03 Aug 92 (4 months 4 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Aug 92 for 4 yrs. Svd: 2 Yrs 1 Mo 24 Das, all AMS. 

b.  Grade Status:  AB  -  21 Sep 94 (Article 15, 21 Sep 94) 

A1C -  14 Jun 94 
Amn -  04 Feb 93 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Sep 94, Grand Forks AFB, ND  -  Article 86.  You did, 

on or about 12 Sep 94, without authority, absent 
yourself from your place of duty at which you were 
required to be, and did remain so absent until you were 
contacted by your First Sergeant, MSgt 
about 14 Sep 94.  Reduction to AB, forfeiture of $400.00 
pay per month for two months.  (No appeal)  (No 
mitigat ion) 

on or 

(2) 15 Dec 93, Grand Forks AFB, ND -  Article 86.  You, did, 

on or about 1 Dec 93, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Suspended reduction to AB.  Forfeiture of $407.00 pay 
(in excess of $100.00 suspended), and 30 days extra 
duty. (No appeal)  (No mitigation) 

e.  Additional: LOR, 31 AUG 94 -  Failure to go, failure to obey an order, 

LOR, 04 NOV 93 -  Failure to go. 
LOR, UNDATED -  Late for work for the third time in three 

and failed dorm room inspection. 

LOC, UNDATED -  Late for work and failed dorm room 

months . 

inspection. 

LOCI UNDATED -  Late for work and failed dorm room 

inspection. 

f.  CM:  None 

g.  Record of SV: 4 Aug 92 -  3 Apr 94  Grand Forks AFB  2  (1nitial)REF 

 isch charged  from Grand Forks AFB) 

h.  Awards &  Decs:  AFAM, NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (2) Yrs  (5) Mos  (28) Das 
TAMS: (2) Yrs  (1) Mos  (24) Das 

4 .   BASIS ADVANCED FOR REXIEW:  Appln  (DD Fm 293) dtd 29 May 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 319TkI AIR  REFUELING WING (AMC) 

GRAND FORKS AIR FORCE BASE, NORTH DAKOTA 

7 SEP 1994 

FROM:  32 1 OSS/CC 

- 

SUBJECT:  Notification Letter 

1.  I am recommending your discharge from the United States A r  Force for minor 
disciplinary infractions.  The authority for this action is AFR 39-10, paragraph  5-46.  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 action are: 

a.  You did, on or about 29 Aug 94, disobey a lawhl order and you failed your 

dormitory room inspection.  For these actions you received a LOR/UIF dated 3 1 Aug 94. 

b.  You did, on or about  1 Dec 93, fail to go at the time prescribed to your appointed 

place of duty, for which you received a Article 15, dated  15 Dec 93. 

c.  You did, on or about 27 Oct 93, fail to go at the time prescribed to your appointed 

place of duty, for which you received a LORJUIF, dated 4 Nov 93. 

d.  You  did, on or about 25 Aug 93, fail to go at the time prescribed to your appointed 

place of duty as well as fail to comply with AFR 35-10, for which a LOR was 
accomplished. 

e.  You did, on or about 20 Jul93, fail to go at the prescribed time to your appointed 
place of duty and also fail to have your room in inspection order, for which a LOC was 
accomplished. 

f.  You did, on or about  14 Jun 93, fail to go at the prescribed time to your appointed 
place of duty and also fail to have your room in inspection order, for which a LOC was 
accomplished. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM j11r:'sbi~rion or higher 
authority will decide whether you  will  be discharged or -r:ciseci  in  the Air Force and if 
:.~,acterized  If you are discharged, you 
you are discharged, how your service will  '-: 
will be ineligible for reenlistment ' -  .Re  Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  You have been  scheduled an  appointment at the Ofice of the Area Defense 
Counsel at Building 216 ony ssp pq 
counsel at your own expense. 

hours.  You may consult civilian 

at lqm 

4.  You have the right to submit statements in your own behalf.  Any statyents you want 
the separation authority to consider must reach me by 
you request and receive an extension for good cause 
separation authority. 

ory~ hours unless 

send them to the 

- 

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.  You must  report to the 
3 19th Medical Group o n m q y  a t ~ 7 3 0  hours for the examination. 

7.  Deliver to me immediately your military identification card and those of your 
dependents.  I have requested that temporary identification cards be issued IAW AFR 30- 
20, paragraph 2-9.  You will  report to me by  C O B 3  s - p  qy  , to verify that issuance of 
Temporary Identification Card(s) has been accomplished. 

8.  Any personal information you fbrnish in  rebuttal is covered by the Privacy Act 
Statement as explained in AFR 39-10, Atch 2.  A copy of AFR 39-10 is available for your 
use in the squadron orderly room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Commander, 321 OSS 

4 Attachments 
1.  Supporting Documents 

a.  LORnm;, 3 1 Aug 94 
b.  Article  15, 15 Dec 93 
c.  LORIUIF, 4 Nov 93 
d.  LOR 
e.  LOC 
f.  LOC 

2.  Airman's Ack- -  .; icdgment 
3.  EPP 
4.  RIP