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I 

I 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

I  AFSNJSSAN 

I 

I 

COUNSEL 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION  OF COUNSEL 

YES 

I  NO 
X 

MEMBERS SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

VOTE OF THE BOARD 

ISSUES 
A94.06 

HEARING DATE 

I 
I 

INDEX NUMBER 
A67.10 

CASE NUMBER 
FD2003-0300 

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EXHIBITS SUBMllTED TO THE BOARD 

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I 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 

APPLICATION FOR  REVIEW OF DISCHARGE 
1  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  HEARING 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE A'ITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

KLMAKKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

SIGNATURE OF RECORDER 

I 

TO: 

SAFMIBR 
550 C STREET WEST,  SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

lNDORSEMENT 

FROM: 

I 

DATE:  26 AUG 03 

1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00300 

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

The applicant was offered a personal  appearance before the Discharge Review Board ( D m )  but declined to 
exercise this right. 

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

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  or  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  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 two Article 15s, the first one for failure to have his dorm room in inspection order and the 
second  for writing  bad  checks.  Additionally,  he  received  four  Letters  of  Reprimand  for  failure  to  obey 
several  lawful  orders,  missing  two  dental  appointments,  failure  to  obey  an  order  and  for  financial 
irresponsibility.  The DRI3 opined that the applicant should have been given financial counseling instead of 
15 days  extra  duty  and  a  reprimand,  followed  by  a  discharge.  The  Board  concluded  the  misconduct  in 
regards to the bad  checks was a significant  departure from conduct expected of all military members.  But, 
the overall characterization of the discharge should reflect an Honorable discharge and Secretarial Authority. 

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. 

However,  in  view  of  the  foregoing  findings,  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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 1 Nov 93 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 27 Sep 72. Enlmt Age: 17 11/12.  Disch Age: 21 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-85,  E-65,  G-57,  M-76. PAFSC: 3P032 -  Law Enforcement Apprentice. 
DAS: 20 Feb 92. 

b.  Prior Sv: (1) AFRes 19 Sep 90 -  19 Aug 91 (11 Months 1 Day)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  20 Aug 91 for 4 yrs. Svd: 2 Yrs 2 Mos 13 Das, all AMS 

b.  Grade Status:  AMN -  20 Apr 93  (Vacation of Article 15, 5 Oct 93) 

A1C -  20 Dec 92 
AMN -  20 Feb 92 

c.  Time Lost:  None 

d.  Art  15's:  (1) 5 Oct 93, Vacation, Bitburg AB, GE -  Article 86.  You, 

did, on or about 8 Sep 93, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Reduction to AMN.  (No appeal) (No mitigation) 

(2) 20 Apr 93, Bitburg AB, GE -  Article 92.  You, who knew 
of your duties, on or about 9 Apr 93, were derelict in 
the performance of those duties in that you willfully 
failed to maintain your dormitory room, as it was your 
duty to do in accordance with Bitburg AB Regulation 90- 
2, dated 14 Aug 92.  Suspended reduction to AMN, and 45 
days extra duty. (No appeal) (No mitigation) 

e.  Additional: LOR, 2 APR 93 -  Failure to maintain dormitory room in 

LOR, 9 JUL 92 -  Writing rude remarks and drawing certain 

accordance with regulations. 

parts of the anatomy. 

f.  CM:  None. 

g.  Record of SV: 20 Aug 91 -  19 Apr 93  Bitburg AB  3  (Initial) 

(Discharged from Travis AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOLTR, SAEMR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (1) Mos  (14) Das 
TAMS: (2) Yrs  (2) Mos  (13) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 May 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

UNITED STATES AIR  FORCES IN EUROPE 

36TH FIGHTER WING 

FROM: 36 SPS/CC 

SUBJ: Letter of Notification 

j.- 

TO: Amn 

36 SPS 

1 2 OCT  1993 

1.  I  am recommending your discharge from the United States Air Force for 
Minor Disciplinary Infractions.  The authority for this action is AFR 
39-10, Paragraph 5-46.  If my recommendation is approved, your service 
wi 1 1  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 8 Sep 93, you did fail to go at the prescribed time 

to your appointed place of duty, for which you received a vacation of 
supsended Article 15 dated 5 Oct 93. 

b.  You were, on or about 9 Apri 1  93, derelict in the performance of 
your duties at Bitburg Air Base, Germany, in that you willfully failed to 
maintain your dormitory room, for which you received an Article 15 dated 
20 Apr 93. 

c.  You were, on or about 1 April 93, derelict in the performance of 
your duties for failure to maintain your dormitory room in accordance with 
Bitburg AB Reg 90-2, for which you received a Letter of Reprimand dated 
2 April 93. 

d.  You did, on or about 7 June 92, while posted as Gate #2 Sentry 

write several rude remarks as well as make several drawings depicting 
certain parts of the anatomy.  Along with these items you also drew 
certain drawings depicting a swastika.  For these actions you received 
an LOR dated 9 July 92. 

Copies of the documents to be forwarded to the separation authority in 
support of this recommendation are attached.  The commander exercising 
SPCM jurisdiction or a higher authority will decide whether you will  be 
discharged or retained in the Air Force, and if you are discharged, how 
your service wi 1 1  be characterized.  If you are discharged, you will  be 
ineligible for reenlistment in the Air Force. 

3.  You have the right to consult legal counsel.  Mi! jtary legal counsel 
has been obtained to assist you.  An appointm~r~f "$5 heen made for you to 
consult Capt 
hours.  You may consult r ; t ~ i ! i a i i   co~!nwl at your own expense. 

Area Defense rnv?~;;  at Bldg 112 on !306T,  at ~ f i 3 0  

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 
/58cTfl  unless you request and receive an extension for good cause. 
I will send them to the separation authority. 

5.  If you fail to consult counsel or fail to submit statements in your 
behalf, your failure will constitute a waiver of your right to do so. 
6.  You must receive a medical examination at the 36 Fighter Wing 
Hospital, Physical Exam Section at / Y o ~ h o u r s  on 0730 . 
7.  Any personal information you furnish in rebuttal is covered by the 
Privacy Act Statement as explained in AFR  39-10, Attachment 2.  A copy of 
AFR  39-10 is available for your use in the Unit Orderly Room. 

*.? 

8.  Execute the 

ched acknowledgnient and return it to me immediately. 

5 Atchs 
1.  AF Form 393 dtd  5 Oct 93 
2.  Article 15 dtd 20 Apr 93 
3.  LOR dtd 2 Apr 93 
4.  LOR dtd 9 Jul 92 
5.  Airman's Receipt of 

Notification ltr