Re

+

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

   
 
 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

AFSN/SSAN

 

PERSONAL APPEARANCE

 

Je
x RECORD REVIEW

 

 

—-
ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBER SITTING

   

 

HON GEN UOTHC OTHER DENY

 

 

 

 

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—-—=|- + a
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——L ee fe eal ans fe a ce

 

ISSUES

A94,05

  

INDEX NUMRER

A67.10

  
 

 
   
   
       
 
   
 

 

 

 

 

 

 

  
 

HIGITS SUBMITTED TO TH
APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD

      

  
  
  

 

 

  

HEARING DATE

19 Aug 2003

CASE NUMBER

FD-2003-00279

 

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

 

    
 

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

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

  

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 53RD 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 FD03-0279

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for breaking a no-contact order. He also received a Vacation action under
the UCMS for discussing matters concerning an investigation with a potential witness; failure to obey an
order and for making a false official statement. He also received one Letter of Reprimand, one Letter of
Admonishment, and two Letters of Counseling. The records are missing the discharge documents so we do
not know why he received these other letters. 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
characterization of the discharge received by the applicant was found to be appropriate. If he can provide
additional documented information to substantiate an issue, the applicant should consider exercising his
right to make a personal appearance before the Board. If he 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. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The
Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a
matter of inequity or impropriety that would warrant an upgrade.

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
FD2003-00279

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

qn (Former A1C) (HGH SRA)
le MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Feb 00 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Jun 77. Enlmt Age: 17 0/12. Disch Age: 22 8/12. Educ: HS DIPL.
AFOT: N/A. A-93, E-62, G-68, M-29. PAFSC: 3P031 - Security Apprentice.

DAS: 6 Feb 98.

b. Prior Sv: (1) AFRes 7 Jul 94 - 13 Jun 95 (11 months 7 days) (Inactive).

(2) Enlisted as AB 14 Jun 95 for 4 yrs. Svd: 3 yrs 6 months
6 days, all AMS. A1C-(EPR Indicates): 14 Jun 95-13 Feb 97. SrA - 14 Jun 98.

EPRs: 5,5,4.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SrA 21 Dec 98 for 6 yrs. Svd: 1 Yrs 2 Mo 8 Das, all AMS.

b. Grade Status: A1C - 7 Jul 99 (Article 15, Vacation, 4 Jan 00)

c. Time Lost: None.

d. Art 15's: (1) 4 Jan 00, Vacation, Incirlik AB, Turkey - Article 92.
You, having knowledge of a lawful order issued by SSgt
“ee 2.0% to discuss matters concerning
your investigation with potential witnesses, an order
which it was your duty to obey, did, on or about 6 Dec
99, fail to obey Ehe same by wrongfully discussing the
case with A1C ssc: ace we You, having knowledge of
a lawful order issued by Col Say 39%
Wing Commander, to wit: Commander ' s Policy, Order on
Incirlik AB Curfew Letter 98-11, dated 30 Sep 98, an
order which it was your duty to obey, did, on or about 1
Dec 99, fail to obey the same by being in Incirlik
Village during curfew hours. Article 107. You, did, on
or about 6 Dec 99, with intent to deceive make to SSgt
cage official statement, to wit: that
you left the Time Out Club and went to your dormitory
room, which statement was totally false in that you were
in Incirlik Village, and was then known by you to be so
false. Reduction to A1lC. (No appeal) (No mitigation)
FD2003-00279

(2) 7 Jul 99, Incirlik AB, Turkey - Article 92. You,
having knowledge of a lawful order issued by MSgt