AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN

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PERSONAL APPEARANCE RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

   

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yes | No | Se 1 x2: Veterans Commission Texas Veterans Commission
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ISSUES A94,06 INDEX NUMBER A67.10

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE

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HEARING DATE CASE NUMBER

05 Dec 2003 FD-2003-00293

 

 

 

 

 

Case heard at Randolph AFB, Texas

Advise applicant of the decision of the Board.

! CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY

SIGNATURE OF RECORDER ae ya

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

  

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

  
 

 

AFHO FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

‘AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00293

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

The applicant appeared before the Discharge Review Board (DRB) at Randolph AFB, Texas, on 5 December
2003 and was represented by counse] RS f the Texas Veterans Commission.

i

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

‘The applicant submitted the following Exhibits: _
Exhibit #6, Character Letter, Dr. E> (- Philips College, 4 December 2003;
Exhibit #7, Character Qetter aly , meee Sr., Methodist Hospital, 4 December 2003;

Exhibit #8, Character Letter, Dr-@jggmadamim.St. Philips College, 4 December 2003.

FINDINGS: The Board grants the requested relief.

The Board finds that the evidence of record and that provided by applicant substantiates an impropriety that
justifies a change of discharge, and based upon the record and evidence provided by applicant, the Board

finds the applicant’s reason and authority for discharge inequitable.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant
received an Article 15 and one Letter of Reprimand. The DRB concluded by its review of the applicant’s
records that his separation should have been characterized as an entry level separation. It is apparent from
the applicant’s records that the commander intended to initiate discharge before the applicant reached 180
days of active military service and even sent the applicant for his separation physical before the 180-day
point. However, the applicant’s commander did not formally notify the applicant of the commander’s intent
to discharge the applicant until 8 days after the applicant’s 180-day point of service. In fact, the notification
letter, dated 9 March 1995, states that the applicant was scheduled for a separation physical on 27 February
1995, the day he had his separation physical. Clearly, the commander’s intent was to initiate separation

before the member reached 180 days of service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was improper and
inequitable. The Board further concludes that the overall quality of applicant’s service is more accurately
reflected by an Honorable discharge and the reason for the discharge is more accurately described as

Secretarial Authority. The applicant’s characterization and reason for discharge should be changed to
Honorable pursuant to Secretarial Authority under the provisions of Title Ps 0, USC 1553.

Attachment:
Examiner's Brief .
FD2003-00293

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 24 Mar 95 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge and to Change the Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 30 Apr 68. Enlmt Age: 26 4/12. Disch Age: 26 10/12. Educ: BA.
AFQT: N/A. A-40, E-60, G-52, M-41. PAFSC: 4N011 - Medical Service Helper.

DAS: 17 Oct 94.

b. Prior Sv: None.

3. SERVICE UNDER REVIEW:

a, Enlisted as Al1C 1 Sep 94 for 4 yrs. Svd: 0 Yrs 6 Mo 24 Das, all AMS.

b. Grade Status: None.

c. Time Lost: None.

d. Art 15's: (1) 7 Feb 95, Sheppard AFB, TX - Article 92. You, did, at
Sheppard AFB, TX, on or about 15 Jan 1995, fail to obey
a lawful regulation, to wit: paragraph 4.3.1, Sheppard
Training Wing Regulation 52-1, dated 1 Oct 93, by
wrongfully departing Sheppard AFB, TX. You, did, at
Sheppard AFB, TX, on or about 15 Jan 95, fail to obey a
lawful regulation, to wit: paragraph 4.3.4, Sheppard |
Training Wing Regulation 52-1, dated 1 Oct 93, by
wrongfully consuming alcohol. You, did, at Sheppard
AFB, TX, on or about 15 Jan 95, fail to obey a lawful
regulation, to wit: paragraph 4.3.2, Sheppard Training
Wing Regulation 52-1, dated 1 Oct 93, by wrongfully
wearing your civilian clothes. Suspended reduction to
Airman, and 30 days correctional custody. (No appeal)

(No mitigation)

e. Additional: LOR, 2 NOV 94 - Disobeying a lawful. general regulation, by
not being in his room with the lights out

after 2300 hours and playing cards in the
day room creating excessive noise.

£. CM: None.

g. Record of SV: None.
FD2003-00293,

(Discharged from Sheppard AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (0) Yrs (6) Mos (24) Das
TAMS: (0) Yrs (6) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Jul 03.
(Change Discharge to Honorable and Change the Reason and Authority for
Discharge)

Issue 1: Training commanders verbally told me my discharge was going to be
at least entry level if not medical.

Issue 2: Entry level because I had not yet exceeded 180 days of active duty
service, and medical because of marching waivers that had to be constantly
renewed/upgraded. Due to physical cond (sic) physical pain in both feet and
lower back for duration of training. Currently rated 701 service connection
disabled. Commanders ignored AFR Regulation and rendered non-judicial
punishment for something I maintain my innocense (sic) to this very day. AFR
Regulation supported my present physical condition and the program I was sent to
only exacerbated my condition.

ATCH

1. Training Certificate.

2. DD Form 214.

3. Appeal of Punishment under Article 15.
4. AFLSA/JAJD Memorandum to 383 TRS/CC.
5. Response to Discharge Action.

6. Memorandum for 82 SPS/CC, 6 Mar 95.

7. Medical Support Documents.

8. Rating Decision.

9. DD Form 149.

22JUL03/ia
FR 2003 -cO2ZI75
DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

‘

9 MAR 1995

 

MEMORANDUM FOR A 1 CORRES RRGIEINNNN: 383 TRS

FROM: 383 TRS/CC
939 Missile Rd Ste 3
Sheppard AFB TX 76311-2262

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. 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.-On or about 15 Jan 95, at Sheppard Air Force Base, Texas, you failed to obey a lawful
regulation, to wit: para 4.3.1, Sheppard Training Wing Regulationn (STWR) 52-1, dated 1 Oct
93, by wrongfully departing Sheppard Air Force Base, Texas. For this infraction and
subparagraphs “b” and “c” below, you received Article 15 punishment on 21 Feb 95.

b. On or about 15 Jan 95, at Sheppard Air Force Base, Texas, you failed to obey a lawful
regulation, to wit: para 4.3.4, STWR 52-1, dated 1 Oct 93, by wrongfully consuming alcohol. —

c. On or about 15 Jan 95, at Sheppard Air Force Base, Texas, you failed to obey a lawful
regulation, to wit: para 4.3.2, STWR 52-1, dated 1 Oct 93, by wrongfully wearing your civilian

clothes. i

d. On or about 31 Oct 94, at Sheppard Air Force Base, Texas, you failed to obey a lawful ,
regualtion, to wit: para 2.8 and 2.9, dated 1 Oct 93, by not being in your room with the lights out
after 2300, and playing cards in the day room creating excessive noise. For this infraction, you
received a Letter of Reprimand (LOR) on 2 Nov 94. 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
retrained 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.
os = —— FY 2003 -PO2LF3

3, 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 om Building 1638, Rm 110, on
13 MAK, atO43Ohours. You may consult civilian counsel at your own expense.

4, You have the right to submit statements in a? own behalf. Any statements you want the

separation authority to consider must reach me by / Vine ps , unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

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 were scheduled for a medical examination. You were to report to 0 Bldg 1200/Physical
Exams at {OOO on?