Search Decisions

Decision Text

AF | DRB | CY2003 | FD2003-00308
Original file (FD2003-00308.pdf) Auto-classification: Denied
* 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

.I 

/  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE  SRA 

AFSNISSAN 

~ 

MEMBER SITTING 

I 

1 

HON 

I 

GEN 

VOTE OF TIIE BOARD 

I  UOTHC 

I  OTHER 

I  DENY 

INDEX NUMBER 

,467.10 

23 Sep 2003 

FD-2003-00308 

I 

ORDER APPOINTING  THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

I 

I 

APPLICANT'S  ISSLT AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM: 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW BOARD 
1535 COMhlAND DR. EE WING. 3RD FLOOR 
.\NDREWS AFB. MD 20762-7002 

Previous edition will be used 

I 

I 

1 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-0(,308 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  He believes that the stain 
on his record  is no  longer  warranted  and requests  that  it  be removed.  The records indicated  the  applicant 
received an Article  15 for wrongfully  using his government credit card for personal purposes.  In addition, 
he  received  a  Letter  of  Reprimand,  twelve  Records  of  Individual  Counseling  and  two  Letters  of 
Admonishment for financial irresponsibility, violation of Tech Data, dereliction of duty, violation of AFOSH 
Standards,  failure  to  perform  tool  box  inspection,  failure  to  properly  inspect  vehicle,  late  for  duty, 
substandard  workmanship,  and  for  dress  and  appearance  violations.  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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  KD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER. REVIEW:  Appl rec'd a GEN Disch fr USAF 27 Jul 98 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Mar 74.  Enlmt Age: 19 7/12.  Disch Age: 24 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-82,  E-86,  G-76,  M-93. PAFSC: 2A753 -  Aircraft Structural 
Maintenance Journeyman. DAS: 1 Aug 95. 

b.  Prior Sv:  (1) AFRes 22 Oct 93 -  20 Jan 94 (3 months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  21 Jan 94 for 4 yrs. Ext:  29 Mar 95 for 9 months. Svd: 

4 Yrs 6 Mo 7 Das, all AMS. 

b.  Grade Status:  SRA -  21 Jan 97 
A1C -  21 May 95 
AMN -  21 Ju1 94 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 31 Oct 97, RAF Mildenhall, UK -  Article 92.  You, did, 

on multiple occassions, between on or about 30 May 97 to 
on or about 15 Aug 97 fail to obey a lawful general 
regulation, to wit: AFI 65-104, Section C, Paragraph 
25.1 (Government Travel Charge Card Program), dated 1 
May 96, by wrongfully using your government American 
Express card for personal purposes.  Suspended reduction 
to-AlC; and 45 days extra duty.  OTo appeal) ( N o  
mitigation) 

Additional: RIC, 
RIC, 
MFR, 
RIC, 
RIC, 
RIC, 
RIC, 
RIC, 
LOR, 
RIC, 
RIC, 
LOA, 
RIC, 

02 JUL 98 -  Financial irresponsibility. 
31 MAR 98 -  Violation of Tech Data. 
18 MAR 98 -  Derelictionof duty. 
12 MAR 98 -  Violation of AFOSH Standard 48-1. 
12 JAN 98 -  Dereliction of duty. 
24 OCT 97 -  Failure to perform tool box inspection 
24 OCT 97 -  Failure to properly inspect vehicle. 
22 AUG 97 -  Dereliction of duty. 
03 JUL 97 -  Dereliction of duty. 
30 MAY 97 -  Late for duty. 
07 MAY 97 -  Substandard workmanship. 
19 FEB 97 -  Financial irresponsibility. 
10 FEB 97 -  Dereliction of duty. 

RIC, 10 FEB 97 -  Dress and appearance below standards. 
LOA, 08 NOV 96 -  Financial irresponsibility. 
RIC, 30 AUG 96 -  Failure to obey Tech Data. 

f .  CM:  None 

g.  Record of SV: 21 Jan 94 -  28 Nov 95  RAF Mildenhall  4  (Initial) 
29 Nov 95 -  28 Nov 96  RAF Mildenhall  3  (Annual) 
29 Nov 96 -  28 Nov 97  RAF Mildenhall  2  (Annual) 

(Discharged from Moody AFB) 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (9) Mos  (6) Das 
TAMS: (4) YrS  (6) Mas  (7) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 26 Jun 03. 

(Change Discharge to Honorable) 

Issue 1:  At the time of my discharge, I was less then 90 days from 

receiving an honorable discharge.  The financial misconduct I exhibited during 
my term of service has since been rectified.  I have been a contributing law 
abiding member of society in the four years since my discharge.  I feel that the 
stain on my personal record is no longer warranted and request that it be 
removed. 

ATCH 
None. 

DEPARTMENT  OF THE  AIR  FORCE 

UNITED STATES AIR  FORCES IN EUROPE 

7 July 1998 

MEMORANDUM FO 

FROM:  100 MXSICC 

1 

1 OOn'  MAINTENANCE SQUADRON 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFT  36-3208, 
Chapter 5, Section H, Paragraph 5.49.  If my recommendation is approved, your discharge may 
be characterized as honorable or general (under honorable conditions).  I am recommending that 
your discharge be characterized as general. 

2.  My reasons for this action are as follows: 

a.  On 30 August 1996, you failed to follow proper maintenance procedures while 

painting an aircraft.  For your dereliction of duty, you received a Record of Individual 
Counseling dated 30 August 1996. 

b.  On  1 September 1996, you wrote a check for $72.00 that was returned for non- 

sufficient funds.  On 9 October 1996, you wrote a check for $100.00 that was also returned for 
non-sufficient funds.  On 15 October 1996, you also had a delinquent Deferred Payment Plan 
(DPP) Account with Air Force Exchange Service (AAFES).  For your financial irresponsibility, 
you received a Letter of Admonition dated 8 November 1996. 

c.  On 6 February 1997, you failed to comply with Air Force dress and appearance 

standards.  For this offense, you received a Record of Individual Counseling dated 10 February 
1997. 

-- 

- - 

- 

- 

-- 

- - 

- 

- 

-- 

d.  On 8 February 1997, you failed to follow established procedures for returning 

equipment at the completion of your duty.  For your dereliction of duty, you received a Record of 
Individual Counseling dated  10 February 1997. 

e.  On 19 February 1997, you received a Letter of Admonishment for being indebted to 

AAFES for a dishonored check. 

f.  On 6 May  1997, you damaged the fuselage of an aircraft when you improperly 

removed a bolt fastener.  For your substandard workmanship, you received a Record of 
Individual Counseling dated 7 May 1997. 

g.  On 16 May  1997 and 27 May 1997, you reported late for duty.  For these offenses, 

you received a Record of Counseling dated 30 May  1997. 

h.  On 1 July 1997, you conducted repairs on a MH-53 Input Drive Shaft Cowling. 

However, instead of removing a hinge to gain access to the repair area, you improperly bent the 
hinge to gain access.  For your unsatisfactory workmanship, you also received a Letter of 
Reprimand dated 3 July  1997. 

1 

i.  On 22 August 1997, you failed to follow established procedures for checking out tools 
from maintenance.  For your dereliction of duty, you received a Record of Individual Counseling 
dated 22 August  1997. 

j.  On 24 October 1997, you ignored your supervisor's direction to perform a maintenance 
inspection on a government vehicle.  For your disobedience, you received a Record of Individual 
Counseling dated 24 October 1997. 

k.  On 24 October 1997, after completing a repair in Hangar 775, you left behind some of 
your equipment.  For your carelessness. you received a Record of Individual Counseling dated 24 
October 1997. 

1.  Between 30 May  1997 and 15 August 1997, you disobeyed a lawfbl general regulation 

by wrongfully using your Government American Express Card for personal purposes.  For this 
offense, you received Nonjudicial Punishment under Article 15 of the UCMJ.  Your punishment 
included a suspended reduction to the grade of Airman First Class and 45 days extra duty. 

m.  On 8 January 1998, you failed to notice that a pair of safety goggles was missing 

when you conducted your weekly inspection.  For this offense you received a Record of 
Individual Counseling dated 12 January 1998. 

n.  On 10 March 1998, during a monthly inspection, your respirator was found to be 

improperly stored in violation of AFOSH Standard 48-1.  For this offense, you received a Record 
of Individual Counseling dated 12 March 1998. 

o.  On 26 March 1998, for your repeated substandard duty performance and misconduct, 

you were non-selected for reenlistment. 

p.  On 25 March 1998, you used chemicals to strip paint without the required eye 

protection.  For your carelessness, you received a Record of Individual Counseling dated 3 1 
March 1998. 

q.  On 2 July 1998, your AAFES DPP account was more than 60 days delinquent.  For 

your financial irresponsibility, you received a Record of Individual Counseling dated 2 July 
1998. 

I 

..  .--- 

~ 

-

- ~ ~  

. ~ 

.  . .  .~ 

~ 

- -  ~ 

~~~~ 

-~  ~ 

~~ 

~  - 

. ~

~

.

.

~

 

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

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel, at Building 
976, RAF Lakenheath, DSN 226-3608, on Thursday, 9 July 1998 at 0930 hours.  You may 
consult civilian counsel at your own expense. 

5.  You have a right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 10 July 1998 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 o r  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 Building 926, 
RAF Lakenheath, Physical Exams Section, on Wednesday, 8 July 1998 at 0730 hours, with 
your medical records.  You must be in uniform.  If you have been prescribed glasses, you must 
wear your glasses to the appointment. 

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 at the unit orderly room or the Area Defense 
Counsel office. 

.  _  -  . _ 

. 

Attachments: 

Commander 

- 

~  -~ 

-  -~ 

~  - 

_

_

 

.  - 

. 

- 

.  . . 

- 

.~ 

-- 

I.  Airmen's Acknowledgment 
2.  Record of Individual Counseling, dated 30 Aug 96 
3.  Letter of Admonishment, dated 8 Nov 96 w/ atchs 
4.  Record of Individual Counseling, dated 10 Feb 97 
5.  Record of Individual Counseling, dated 10 Feb 97 
6.  Letter of Admonishment, dated 19 Feb 97 w/ atchs 
7.  Record of individual Counseling, dared 7 May 97 
8.  Record of Individual Counseling, dated 30 May 97 
9.  Letter of Reprimand, dated 3 July 97 
10.  Record of Individual Counseling, dated 22 Aug 97 

11.  Record of Individual Counseling, dated 24 Oct 97 
12.  Record of Individual Counseling, dated 24 Oct 97 
1 3.  Article  15, dated 3 1 Oct 97 
14.  Record of Individual Counseling, dated 12 Jan 98 
15.  Record of Individual Counseling, dated  12 Mar 98 
16.  Memorandum For Record, dated 18 Mar 98 
17.  Denial of Reenlistment, AF Form 41 8, dated 26 Mar 98 
18.  Record of Individual Counseling, dated 3 1 Mar 98 
19.  Record of Individual Counseling, dated 2 Jul 98 
20. EPRs 
21. RIP 



Similar Decisions

  • AF | DRB | CY2006 | FD2005-00396

    Original file (FD2005-00396.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15, a Vacation, four Letters of Reprimand, a Letter of Admonishment and two Records of Individual Counseling for misconduct. The applicant had further misconduct and received an Article 15 and Vacation for failure to go to appointed place of duty on three separate occasions and failure to wear Chef Whites while perfomling duties at the dining facility. For your misconduct, you received a Record of Individual Counseling dated, 30...

  • AF | DRB | CY2003 | FD2003-00074

    Original file (FD2003-00074.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to honorable. He had two Letters or Records of Individual Counseling, five Letters of Reprimand, an Article 15, and an Unfavorable Information File. For your misconduct, you received a Letter of Reprimand, dated 7 April 1999.

  • AF | DRB | CY2003 | FD2003-00381

    Original file (FD2003-00381.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15, a Letter of Reprimand, a Letter of Admonishment, and a Record of Individual Counseling for misconduct, most of which related to financial irresponsibility. 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...

  • AF | DRB | CY2006 | FD2005-00346

    Original file (FD2005-00346.pdf) Auto-classification: Denied

    The applicant received two Letters of Reprimand for being derelict in performance of duties and failure to go to appointed place of duty. (atch 2) (2) On or about 15 October 1997, you were derelict in the performance of your duties in that you failed to prepare yourself for duty at the required time. (atch 7) (7) On or about 4 June 1997, you were derelict in the performance of your duties in that you failed to prepare yourself for duty at the required time.

  • AF | DRB | CY2003 | FD2003-00065

    Original file (FD2003-00065.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD er as NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE PERSONAL APPEARANCE X RECORD REVIEW COUNSEL’ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES VOTE OF THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY x 4 x xX X }_ XxX ISSUES INDEX NUMBER : EXHIBITS SUBMITTED TO THE BOARD A93.09 A47.00, A49.00 1 | ORDER APPOINTING THE BOARD [> APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF...

  • AF | DRB | CY2003 | FD2003-00220

    Original file (FD2003-00220.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0220 GENERAL: The applicant appeals for upgrade of discharge to Honorable. He also had six Letters of Reprimand and five Record of Individual Counseling for unsatisfactory performance, disrespectful attitude, missed appointments, late for duty, failure to use a seatbelt, failed room inspection, and dereliction of duty. In view of the foregoing findings the board further concludes that there exists no legal or equitable...

  • AF | DRB | CY2003 | FD2003-00142

    Original file (FD2003-00142.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) Es. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 2993-00142 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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.

  • AF | DRB | CY2003 | FD2001-0211

    Original file (FD2001-0211.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN as, AMN |

  • AF | DRB | CY2006 | FD2006-00053

    Original file (FD2006-00053.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15 for failure to obey an order by driving a motor vehicle without a license; derelict in the performance of duty in that he negligently failed to stay awake at work; failed to show up for End of Course Exain in proper uniform; and failed to go to appointed place of duty. His misconduct was further documented by four Letters of Reprimand for failure to comply with unirorm standards; round sleeping on duty (two separate occasions);...

  • AF | DRB | CY2006 | FD2005-00500

    Original file (FD2005-00500.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 1 AFSNRSAN 1 -..-............., RECORDREVIEW I ' TYPE GEN COUNSEL YES No I - - - - - - - - - - - - - - I PERSONAL APPEARANCE 1 I SRA I I I IX NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING VOTE OF THE BOARD HON GEN UOTHC I OTHER I DENY 1 2 3 4 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF...