AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

   

AFSN/SSAN

   

 

 

TYPE: GEN PERSONAL APPEARANCE

x RECORD REVIEW

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SIGNATURE OF

 

TO:
SAF/MRBR

 

 

Case heard at Washington, D.C.

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

FROM:

MEMBER SITTING HON GEN voTHc | OTHER DENY
hy x
ly x
Ey x
hy x
ny x
ISSUES A92.35 INDEX NUMBER A67.1 0
A01.43 1 | ORDER APPOINTING THE BOARD
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
19 Nov 2003 FD-2003-00305 PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 | 49903-00305

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.

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15; his
misconduct included misuse of his government travel card, and failing to pay the resultant debt. Member
had three Enlisted Performance Reports, the last of which was rated an overall referral “3.” It noted
member’s immaturity and bad judgment resulting in unacceptable off-duty behavior, imprudent financial
decisions leading to personal and professional problems, and flagrant violations of directions and guidance.
Member was also non-selected for reenlistment, again based on lack of maturity, less than acceptable
adherence to Air Force standards, poor judgment and financial irresponsibility, and not possessing the traits
desired of airmen or future noncommissioned officers. Member was age 21 when his misconduct occurred,
the same age as other airmen who honorably complete their service without misconduct. There was no

evidence he was immature, or didn’t know right from wrong. The Board determined member was
responsible for his actions and was held accountable for them.

Because member’s discharge file was unavailable to the Board for review, the Board was unable to
ascertain if there was other misconduct on member’s part, or additional bases for the discharge. The Board
also could not determine if member consulted counsel or submitted statements on his own behalf at the time
of the discharge. When requested to provide any pertinent information he may have about the discharge file
or his record of service, applicant failed to respond to the request. Lacking evidence from the applicant to
the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without

basis for an upgrade. No inequity or impropriety could be found in this discharge in the course of the
records review.

If he can provide additional documented information to substantiate his issues, the applicant should
consider exercising his right to make a personal appearance before the Board. If he should choose to
exercise his 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.

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
x

FD2003-00305
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

owe. (Former AB) (HGH SRA)
; i MISSING MEDICAL RECORDS AND DISCHARGE

DOCUMENTS
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 6 May 95 UP AFI 36-3208
(Misconduct - Minor Disciplinary Infractions). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 9 Jul 73. Enlmt Age: 17 3/12. Disch Age: 21 9/12. Educ: HS DIPL.

AFQT: N/A. A-74, E-59, G-70, M-26. PAFSC: 2A752 - Nondestructive Inspection
Journeyman. DAS: 5 Mar 94.

b. Prior Sv: (1) AFRes 30 Oct 90 - 2 Sep 91 (10 months 4 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 3 Sep 91 for 4 yrs. Svd: 3 Yrs.8 Mo 4 Das, all AMS.

b. Grade Status: AB - 13 Apr 95 (Article 15, 13 Apr 95)
SrA - 3 Sep 94
AlC -(EPR Indicates): 3 Sep 91-2 May 93
Amn - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 13 Apr 95, Keflavik NAS, Iceland - Article 134. You,
being indebted to American Express in the sum of
$5,563.40 for cash money and things of value, which
amount became due and payable on or about 19 Sep 94,
did, from 19 Sep 94 to 29 Mar 95, dishonorably fail to
pay said debt. Reduction to AB. Forfeiture of $400.00
pay per months for two months, 45 days restriction, and
45 days extra duty. (No appeal) (No mitigation)

(2) 19 Dec 94, Keflavik NAS, Iceland - Article 92. You,
who knew of your duties within the territorial limits of
the Republic of Iceland, from on or about 2 Jan 94 to on
or about 24 Aug 94, were derelict in the performance of
those duties in that you willfully failed to limit your
use of your American Express government travel card to
only official government TDY travel-related expenses as
it was your duty to do so, by using said card to
withdraw currency for personal expenses. Fourteen days
extra duty and a reprimand. (No appeal) (No mitigation)

e. Additional: Unknown.

£. CM: None.
FD2003-00305

g. Record of SV: 03 Sep 91 - 02 May 93 Edwards AFB 4 (Initial)
03 May 93 - 16 Dec 93 Edwards AFB 4 (CRO)
17 Dec 93 - 16 Dec 94 Keflavik NAS 3. (Annual) REF

(Discharged from Keflavik NAS)

h. Awards & Decs: AFTR, NDSM, AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (7) Das
TAMS: (3) Yrs (8) Mos (4) Das

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

Issue 1: I believe my discharge was inequitable because it was based on a
(sic) incident where I exercised poor judgement, but throughout my military
service of 44 months it was the only incident. I feel that my discharge
General, Under Honorable Conditions should be upgraded to Honorable. I
appreciate your time and consideration in this matter.

ATCH
None.

27AUG03/ia