* AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
3 i

       
 
 
 
 

AFSN/SSAN

 

PERSONAL APPEARANCE xX RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

MEMBER SITTING HON GEN uoTHC | OTHER DENY
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ISSUES A92.15 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
HEARING DATE : CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

24 Sep 2003 FD-200*. 10299 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

 

 

 

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Case heard at Washington, D.C.

Advise applicant of the decision of the Boar. the righttoa . sonal appearance with/without counsel, and the right to
submit an application to the AFBCMR

SIGNATURE OF RECOR

 

 

SAF/MRBR . "TARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 - REE DISCHARGE REVIEW BOARD

> } JMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 A WS AFB, naire ju

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp 0903-90299

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

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, change of reason and authority for discharge, and change of
reenlistment code are 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 misconduct, minor disciplinary infractions. He had two Articles 15;
one for failure to go and another for failing to pay his government travel card debt. Additionally, member
was permanently decertified from the Personnel Reliability Program for intentionally overdosing on his
prescribed Zoloft in combination with alcohol for the purpose of getting “high.” Member was hospitalized
for this incident and it was first believed to be a suicidal gesture. Member had the prescription because he
had been diagnosed with an adjustment disorder with depressed mood and occupational problems. At the
time of the discharge, member waived his right to consult counsel and submit a statement in his own behalf.
Applicant now contends he had a good service record and should be given an upgrade. The Board noted
member had several opportunities to improve his behavior, and he was age 21 to 22 when his offenses
occurred, the same age as other airmen who adhere to standards. He was counseled in an effort to help him
correct his deficiencies. In spite of those rehabilitative efforts, he was unwilling or unable to improve his
behavior. The Board concluded applicant knew right from wrong and was responsible for his actions, and
therefore was held accountable for them. No inequity or impropriety was found in this discharge in the
course of the records review.

Applicant cited his desire to return to military service. While the Board commends applicant on this

aspiration, this is not relevant to the period of service under review and therefore, does not provide a basis
for 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
FD2003-00299
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 2 Aug 02 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, Change in RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 15 Jul 80. Enlmt Age: 18 1/12. Disch Age: 22 0/12. Educ: HS DIPL.
AFQT: N/A. A-56, E-41, G-46, M-49. PAFPSC: 3P051 - Security Forces Journeyman.
DAS: 23 May 00.

b. Prior Sv: (1) AFRes 31 Aug 98 - 8 Dec 98 (3 months 8 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 9 Dec 98 for 6 yrs. Svd: 3 Yrs 7 Mo 25 Das, all AMS.

b. Grade Status: AMN - 8 Jul 02 (Article 15, 8 Jul 02)
SRA - 22 May 01
A1lC - 22 Jan 99

ec. Time Lost: None.

d. Art 15's: (1) 8 Jul 02, McGuire AFB, NJ - Article 86. You, did, on
or about 27 Apr 02 and on or about 7 May 02, without
authority, fail to go at the time prescribed to your
appointed place of duty, to wit: Check Point 9.
Reduction to Airman, and 30 days extra duty. (No appeal)
(No mitigation)

(2) 27 Dec 01, McGuire AFB, NJ - Article 134. You, being
indebted to Bank of America Government Visa, in the sum

of $119.68, for charges and fees, which became due and
payable on or about 1 Sep 01, did, from on or about 1
Sep 01 to on or about 18 Dec 01, dishonorably fail to
pay said debt. Suspended reduction to A1C, anda
reprimand. (No appeal) (No mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: (Examiner's Note: EPR covering the period of 9 Dec 98 to
1 Aug 00 is missing from the file. However, it is listed as a rating of 5
in the Recommendation for Discharge letter).

2 Aug 00 - 1 Aug 01 McGuire AFB 5 (Annual)
FD2003-00299

(Discharged from McGuire AFB)
h. Awards & Decs: AFTR, AFOSSTR, NDSM, AFOUA W/3 OLCS.

i. Stmt of Sv: TMS: (3) Yrs (11) Mos (5) Das
TAMS: (3) Yrs (7) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 30 Jun 03.
(Change Discharge to Honorable, Change the RE Code, Reason and Authority for
Discharge)

Issue 1: Request my discharge be upgraded to Honorable. Also request RE
Code be changed to a waiverable so I may rejoin the Air Force. Request change
to Secretarial Authority.

I have good evaluations when I was in the Air Force. My records should speak
for itself. I realize I made a mistake and be punished but not so severe. I
thank you in advance for your time.

ATCH

1. DD Form 214.

Two AF Forms 3070.

Appeal Election Extension.
DD Form 4.

PW dh

30JUL03/ia
PI Z003 ~20 LFF

DEPARTMENT OF THE AIR FORCE
305th Security Forces Squadron (AMC)

 

JUL 2 4 2002

 

FROM: 305 SFS/CC

SUBJECT: Notification Memorandum

1. I am 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 for discharge is approved, your service may 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 failed to pay a debt that was due on or about a 01 Sep 01. For this offense you received
an Article 15 in violation of Article 134, dated 26 Dec 01.

b. Between on or about 27 Apr 02 and on or about 07 May 02, you failed to go at the time
prescribed to your appointed place of duty, to wit: Check Point 9. For this offense, you received an
Article 15 in violation of Article 86, dated 8 Jul 02. :

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 with the Area Defense Counsel, at Bldg 2906, first
floor, on _ZSJuL G2 at 8730 hrs. You may consult civilian counsel at your own
expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by Z7JULGZ_ (3 workdays from the date of this
memorandum) 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 have been scheduled for a medical examination. You must report to
ARHC on _ZIWULHZ at 9730
[D203 ~ O02 7F

7. 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 squadron orderly room.

 

+

Attachments:
1. Article 15, dated 19 Dec 01
2. Article 15, dated 17 Jun 02