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

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TYPE GEN PERSONAL APPEARANCE 4 | RECORD REVIEW
eae NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
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MEMBER SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES A92.37 INDEX NUMBER A67.50
A93.21 1 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHISITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
HEARING DATE CASE NUMBER
16 Dec 2003 FD-2003-00271

 

 

 

 

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,

 

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WES*¥* 1535 COMMAND DR, EE WING, IRD FLOOR
RANDOLPH AFB, TX 78150-4742 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 | 2993-00271

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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 is 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.

Issues. Applicant was discharged for a pattern of misconduct. He had an Article 15 and a vacation of
suspended punishment; his misconduct included misuse of his government travel card, failing to pay the
resultant debt, dereliction of duty, and making a false official statement. Member had three Enlisted
Performance Reports, the last two of which were referrals. They noted member’s sporadic duty
performance requiring close supervision, lack of initiative, failure to timely or accurately complete tasks
resulting in the necessity to be reaccomplished, or in customer dissatisfaction or financial hardship.
Applicant now contends he was diagnosed with a medical condition after his separation (hypothyroidism)
that was present while he was in service and that negatively affected his decision-making and performance.
Unfortunately neither member’s medical records or the discharge processing files were available to the
Board for review due to being missing from the record. Because member’s discharge file was unavailable
to the Board for review, the Board was unable to ascertain if there was other misconduct on member’s part,
or additional bases for the discharge. The Board also could not determine if member consulted counsel or
submitted statements on his own behalf at the time of the discharge. Member was also entitled to an
administrative discharge board but it was unclear whether he met such a board or waived that right. When
requested to provide any pertinent information he may have about the discharge file or his record of service,
applicant stated he had no records to provide. Lacking documented evidence from the applicant to the
contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis

for an upgrade. No inequity or impropriety could be found in this discharge in the course of the records
review.

Additionally, the Board noted member was age 26 when his misconduct occurred, the same age as other
airmen who honorably complete their service without misconduct. There was no evidence he was
immature, or didn’t know right from wrong. The Board determined member was responsible for his actions
and was held accountable for them, and further opined that even had member been diagnosed with
hypothyroidism while in the service, that would not have caused all of his misconduct or mitigated it.

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
FD2003-00271

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

MISSING DOCUMENTS

[= (Former A1C) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 24 Jun 98 UP AFI 36-
3208, para 5.50 (Misconduct - A Pattern of Misconduct). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 22 Apr 71. Enlmt Age: 20 3/12. Disch Age: 27 2/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-80, G-92, M-72. PAFSC: 6F051 ~—~ Financial Management
Journeyman, DAS: 11 May 92.

b. Prior Sv: (1) AFRes 14 Aug 91 - 26 Dec 91 (4 Months 13 Days) (Inactive) .

(2) Bnld as AB 27 Dec 91 for 4 yrs. Svd: 3 Yrs 2 Mos 2 Das,
all AMS. AMN - Unknown. A1C - (EPR Indicates): 27 Dec 91 - 26 Aug 93. SYA - 27
Dec 94. EPRs: 4,4.

3.. SERVICE UNDER REVIEW:
a. Reenld as SRA 1 Mar 95 for 4 yrs. Svd: 3 Yrs 3 Mos 24 Das, all AMS.
b. Grade Status: A1C - 8 May 97 (Vacation of Article 15, 8 Aug 97)
c. Time Lost: None.

d. Art 15’‘s: (1) 8 Aug 97, Vacation, Andrews AFB, MD --Article 92. You,
on or about 9 Jul 97, having knowledge of your duties,
were derelict in the performance of those duties in that
you willfully failed to complete your assigned duties
(computing and logging travel vouchers) as directed to
you by SSgt | Article 107. You did, on or
about 9 Jul 97, with intent to deceive, make an official
statement to SSgt “pe, to wit: that you were
finished with all your work except for 2 or 3 vouchers,
which statement was totally false, and then known by you
to be so false. Reduction to A1C. (No appeal) (No
G@Lbayacuecn)

(2) 8 May 97, Andrews AFB, MD ~- Article 92. You, from on
or about 4. Jan 97 to on or about 5 Feb $7, having
knowledge of your duties, were derelict in the
performance of those duties.in that you willfully failed
to refrain from obtaining cash advances and services for
4,

FD2003 -00271

personal purposes on your Government American Express
Card, thereby using this ‘card for other than official
government business, as it was your duty to do. Article
134. You, being indebted to the American Express Card
Company in the sum of $872.37 for the procurement of
goods and services which became due and payable on or
about 28 Feb 97, did, from on or about 28 Feb 97 to on
or about 12 Apr 97, dishonorably fail to pay said debt.
Suspended reduction to A1C, suspended forfeiture of
$75.00 pay per month for 2 months, and 15 days extra
duty. (No appeal) (No mitigation)

Additional: UNKNOWN (Missing discharge case file).

CM: None.

Record of SV: 27 Aug 94 - 26 Aug 95 Andrews AFB 4 (Annual)
27 Aug 95 - 26 Aug 96 Andrews AFB 3 = (Annual)
27 Aug 96 - 30 Apr 97 Andrews AFB 3 (CRO) REF
O01 May 97 - 19 Jan 98 Andrews AFB 2 (CRO) REF

Awards & Decs:

(Discharged from Andrews AFB)

AFLSA, AFTR, AFOUA W/1 OLC, AFGCM.

Stmt of Sv: TMS: (6) Yrs (10) Mos (11) Das
TAMS: (6) Yrs (5} Mos (29) Das

BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Jun 03.
(Change Discharge to Honorable)

Issue 1: The discharge is improper because of an unknown medical condition

that affected my performance and decision making.

ATCH

. Applicant's Letter.
Medical Statement.
College Diploma.
Character Reference.
Criminal Records Check.

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