AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    

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PERSONAL APPEARANCE

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19 Aug 2003 FD-2003-00280

Case heard at Washington, D.C.

submit an application to the AFBCMR

SIGNATURE, DY RECORDER

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

 

ISSUES INDEX NUMBER a CL
1 ORDER APPOIN’ TING THE BOARD
A95.00 A67.90 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

PERSONAL APPEARANCE
a RECORDING OF PERSONAL AEPERANGE

 

 

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

(EF-V2)

Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL
RATIONALE FD-2003-00280

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 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 on which to base an upgrade of discharge. The records indicated the applicant received an
Article 15 for leaving his place of duty without authority and wrongfully appropriate a government
military vehicle. Additionally, he received four Letters of Reprimand and a Record of Individual
Counseling for failure to go, lying, dereliction of duty, making unauthorized telephone calls, abusing the
autovon system, bad driving habits and failure to obey local and state traffic laws. 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.

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
FD2003-00280
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 3 Nov 95 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 31 Jan 72. Enilmt Age: 21 4/12. Disch Age: 23 9/12. Educ: HS DIPL.
AFOT: N/A. A-61, E-62, G-34, M-25. PAFSC: 25051 - Inventory Management
Journeyman. DAS: 10 Feb 94.

b. Prior Sv: (1) AFRes 22 Jun 93 - 18 Oct 93 (3 months 27 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 19 Oct 93 for 4 yrs. Svd: 2 Yrs 0 Mo 16 Das, all AMS.

b. Grade Status: A1C - 19 Feb 95
AMN - 19 Apr 94

ec. Time Lost: None.

d. Art 15’s: (1) 23 Oct 95, Little Rock AFB, AR - Article 86. You did,
on or about 28 Sep 95, without authority, go from your
appointed place of duty. Article 121. You did, on
divers occasions between on or about 24 Sep 95 and on or
about 28 Sep 95, wrongfully appropriate a government
military vehicle, the property of the U.S. Air Force.
Forfeiture of $100.00 pay per month for 2 months, and 45
days extra duty. (No appeal) (No mitigation)

e, Additional: LOR, 02 MAY 95 - Failure to go and lying.
RIC, 13 APR 95 ~ Dereliction of duty.
LOR, 30 JAN 95 ~ Making unauthorized telephone calls and
lying.
LOR, 17 JAN 95 ~ Abusing the autovon telephone system,
LOR, 24 OCT 94 - Bad driving habits and failure to obey
local and state traffic laws.

ff. CM: None.
g. Record of SV: 19 Oct 93 - 18 Jun 95 Little Rock AFB 3 (Initial)
(Discharged from Little Rock AFB)

h. Awards & Decs: AFTR, NDSM, AFOQUA.
FD2003-00280

i. Stmt of Sv: TMS: (2) Yrs (4) Mos (13) Das
TAMS: (2) Yrs (0) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 24 Jun 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. DD Form 214.

9JULO3/ia
Fp 2603-00270

   

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 314TH AIRLIFT WING (ACC)
UTTLE ROCK AIR FORCE BASE, ARKANSAS

FROM: 314 SUPS/CC

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your
service will be characterized as honorable or general under honorable conditions. Iam
recommending that your service be characterized as general under honorable conditions.

2. My reasons for this action are:

a. On or about 28 September 1995, without authority, you left your appointed place of duty.
Also, between on or about 24 September 1995 and on or about 28 September 1995, you
wrongfully appropriated a government military vehicle, the property of the United States Air
Force. You received an Article 15 for your actions. (Atch 1-1)

b. On or about 16 April 1995, you failed to report to your assigned duty station. Also, on or
about 24 April 1995, after being read your rights under Article 31, UCMJ, you made a false
official statement. You received a Letter of Reprimand for your actions and an Unfavorable
Information File (UIF) was created. (Atch 1-2)

c. On or about 11 April 1995, you failed to secure government property by leaving a key ina
government vehicle. You received a Letter of Counseling for your actions, (Atch 1-3)

d. On or about 17 January 1995, you abused the Autovon system making personal phone
calls to your friends who live near other military installations. You received a Letter of

Reprimand for your actions. (Atch 1-4)

e. On or about 10 January 1995, without proper authority, you entered the dormitory room

of A1C! nd made unauthorized telephone calls using her private telephone. On or
about 11 January 1995, when questioned by TS othe you stated that you were not
in AIC om and iliat you did not make the alleged telephone calls. You later recanted

this statenien* and admitted to entering her room and making the unauthorized telephone calls.
Yer : ceived a Letter of Reprimand for your actions. (Atch 1-5) ,

Global P. OWE for America
fr2c03- 20 2 FO

f. On or about 7 October 1994, you were issued a citation for parking your privately owned
vehicle in front of a fire hydrant at Bldg 864 and not possessing your driver’s license. You also
failed to provide a copy of the citation to your First Sergeant within 24 hours. Previous to this
incident, you have been issued two citations for speeding. You received a Letter of Reprimand
for your actions. (Atch 1-6)

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 higher authority
will decide whether you will be discharged or retained in the Air Force and if discharged, how
your service will be characterized. If you are discharged, you will be ineligible for reenlistment in
the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult C apts aailinoaia Area Defense
Counsel, Bldg 1255, Rm 201, Telephone 3260 on 30 Oct 95 at 1500 hours. You may consult
civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 3 workdays unless you request and receive an
extension for good cause shown. I will send them 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 a medical examination. You must report to Little Rock AFB
Hospital at 0730 hours on 30 Oct 95 for the examination.”

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

 

Commander

Attachments:

1-1 Article 15, 24 Oct 95

1-2 LOR, 2 May 95

1-3 LCE, i4 Apr 95 . oO
1-4 LOR, 30 Jan 95 Set Fg
1-5 LOR, 17 Jan 95 op Ege
1-6 LOR, 24 Oct 94