~ 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE  AB 

 

4-

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANlZATlON 

X 
ADDRESS AND OR ORGANIZATlON OF COUNSEL 

RECORD REVIEW 

TYPE 

COD'SE~' 

YES 

No 
X 

lSSLIES 

.194.05 

INDEX N L I ~ I R E R  

,467.90 

I 

HEARING DATE 
23 Sep 2003 

CASE NUMBER 

I 

I 

EXHIBITS SUBMITTED T O  THE BOARD 

I 

I 

.- .- 

ORDER APPOINTmG THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

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

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

PERSONAL  APPEARANCE 

APPLICANT'S  ISSLiE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACIED AIR FORCE DISCHARGE REVEW BOARD DECISIONAL RATIONALE 

TAPE RECORDING  OF PERSONAL APPERANCE 

Case heard at Washington, D.C. 

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

/ 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

DATE:  09/30/2003 

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

I 
(EF-V2) 

Previous edition will be used 

I 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00315 

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 does not contest the discharge.  He is asking that his discharge be changed to Honorable 
because he is trying to better his life.  He also wants to receive the G.I. Bill.  The records indicated the 
applicant received an Article  15 for being disorderly and an Article 15 for writing bad checks.  He also 
received a Letter of Reprimand for assault and two Letters of Counseling for financial irresponsibility.  The 
DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or 
impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service.  The applicant cited his desire to 
receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for 
these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable 
discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of 
these benefits was having on the applicant, but this is not a matter of inequity or impropriety that would 
warrant 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 5 May 97 UP AFI 36-3208, 
para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Mar 73.  Enlmt Age: 21 4/12.  Disch Age: 24 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-49,  G-52,  M-44. PAFSC: 3P031 -  Security Police Apprentice. 
DAS: 23 Jun 95. 

b.  Prior Sv:  (1) AFRes 26 Jul 94 -  24 Jan 95  (5 months 29 days)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 25 Jan 95 for 4 yrs. Svd: 2 Yrs 3 Mo 11 Das, all AMS. 

b.  Grade Status:  AB -  23 Apr 97 (Article 15, 23 Apr 97) 

AMN -  8 Aug 96 (Article 15, 8 Aug 96) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 23 Apr 97, F.E. Warren AFB, WY -  Article 134.  You 

were, on or about 22 Mar 97, disorderly.  Reduction to 
Airman Basic.  (No appeal)  (No mitigation) 

(2) 8 Aug 96, F.E. Warren AFB, WY -  Article 123a &  134. 

You did, between on or about 20 Mar 96 and on or about 
23 Mar 96, with intent to defraud and for the 
procurement of lawful currency and things of value, 

-. . -- 

- - -  wrongf ully and unlawfully make-amduttercewtain-draft~--. 

for the payment of money in the amounts of $25.00(#132), 
dated 20 Mar 96, $34.17(#133), dated 20 Mar 96, 
$25.00(#134), dated 22 Mar 96, $41.89(#135), dated 22 
Mar 96, $25.00(#137), dated 22 Mar 96, $25.00(#138), 
dated 23 Mar 96, and $30.00(#139), dated 23 Mar 96, 
drawn upon the Warren Federal Credit Union, made payable 
to the order of 
then knowing that you, the maker thereof, did not or 
would not have sufficient funds in or credit with the 
said credit union for the payment of said drafts in full 
upon their presentment. 

and signed 

I 

You did, on or about 23 Mar 96, with intent to defraud 
and for the procurement of lawful currency, wrongfully 

and unlawfully make and utter a certain draft for the 
payment of money in the amount of $20.00(#140), dated 23 
Mar 96, drawn upon the 
Union, made 
payable to the order of County Market, and signed 
then knowing that you, the maker 

thereof, did not or would not have sufficient funds in 
or credit with the said credit union for the payment of 
said draft in full upon its presentment. 

You did, on or about 23 Apr 96, with intent to defraud 
and for the procurement of lawful currency and things of 
value, wrongfully and unlawfully make and utter certain 
drafts for the payment of money in the amounts of 
$20.00(#176), dated 23 April 96, and $26.41 (#177), 
dated 23 Apr 96, drawn upon the 

Id not have sufficient funds in 
or credit with the said credit union for the payment of 
said drafts in full upon its presentment. 

then knowing that you, the maker 

You did, between on or about 12 Mar 96 and on or about 
13 Mar 96, make and utter to Mini-Mart, certain drafts 
in the amounts of $21.23(#125), dated 12 Mar 96, and 

Mar 96, drawn upon the 
to the ord 

ni - 

for the purpose of 

obtaining things of value, and did thereafter 
dishonorably fail to maintain sufficient funds in said 
credit union for the payment of said drafts in full upon 
their presentment. 

You did, between on or about 21 Feb 96 and on or about 
25 Feb 96, make and utter to the F.E. Warren AFB 

r ; x c T x z + i g e , m a  i n dra flZ--ithe amounts o Tpp 
$150.00 (#241), dated 21 Feb 96, $80.00 (#245) , dated 23 
d 25 Feb 96, drawn upon 
Feb 
, made payable to the 
the 
order of F.E. Warren AFB Exchange, and signed 
-for 
the purpose of obtaining lawful currency, and 
did thereafter dishonorably fail to maintain sufficient 
funds in said credit union for the payment of said 
drafts in full upon their presentment.  Reduction to AB 
(reduction exceeding airman suspended), and 60 days 
restriction. (No appeal)  (No mitigation) 

e.  Additional: LOR, 17 MAR  97 -  Assault. 

LOR, 02 MAY 96 -  Financial irresponsibility. 
RIC, 24 APR 96 -  Financial ixresponsibility. 

f.  CM:  None. 

g.  Record of SV: 25 Jan 95 -  15 Jul 96  F.E. Warren AFB  4  (HAF Dir) 

(Discharged from F.E. Warren AFB) 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (10) Das 
TAMS:  (2) Yrs  (3) MoS  (11) Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 14 Jun 03. 

(Change Discharge to Honorable) 

Issue 1:  I understand that my discharge was the fault of my action.  I am 

asking that this discharge be changed to Honorable, because I am trying to 
better my life and my family well being.  I have a wife and three kids that I 
have the responsibility of providing for.  I am asking for my discharge to be 
upgraded so I can receive my Montgomery G.I. Bill money so that I can complete 
my hours in College to obtain my teaching degree in Biology.  Please consider my 
life and well-being in your decision. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

90TH MISSILE WING (AFSPC) 

23l r AFR  19971 

r 7 ~  

FROM:  320 MS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If 
my recommendation is approved, your service will be characterized as honorable, general, or 
under other than honorable conditions. I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

22 Mar 97, disorderly.  For this conduct, you received Article 15 on 23 Apr 97 and it was placed 
in your existing Unfavorable Information File (UIF). 

b.  You did, at Francis E. Warren Air Force Air Force Base, Wyoming, Trail's End 

consolidated club, on or about 17 Feb 97, physically assault another airman.  You received a 
Letter of Reprimand (LOR) on 17 Mar 97 and it was placed in your existing UIF. 

c.  You did, at or near Cheyenne, Wyoming, between on or about 21 Feb 96 and on or 

about 23 Apr 96, with intent to defiaud and for the procurement of lawful currency and things of 
value, wrongfully and unlawfully make and utter  15 drafts for the payment of money in the total 
amount of $687.57, drawn upon the Warren Federal Credit Union.  These drafts were made 
payable to the order of Buttery, Coun 
Air Force Base Exchange and signed 
knew that you, the maker thereof, did not or would not have sufficient funds in or credit with the 
said credit union for the payment of said drafts in full upon their presentment.  For this conduct, 
you received Article 15 on 8 Aug 96 and had a UIF established on 29 Aug 96. 

ons, Mini-Mart, and Francis E. Warren 
At the time you wrote these drafts you 

- 
--  ---- ~ F p e r s o & e s p o ~ i W ~ ~ a r d s -  

d.  You, at or near Cheyenne, Wyoming, on or 

by failkgterep 

d to comply with 
70;Oeand-$288.0kp---- 

- 

You also failed to repay $1 55 .OO to the BX for three checks that you wrote that did not clear, 
failed to make payment of $1 50.00 to Advance Cash Services, were 60 days in arrears to the BX 
for DPPIUCDPP in the amount of $90.00, and were in arrears to the enlisted club for $30.00. 
For this conduct, you received a Letter of Reprimand on 2 May 96. 

e.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

24 Apr 96, counseled on the mismanagement of your financial obligations for 
checks at the BX 
X $1 55.00, and for writing one bad check to 
owing $170.00 to 
You were also counseled for being three mon 
car payment and for being late on your payment to American General.  You received an AF Form 
174, Record of Individual Counseling, on 24 Apr 96. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special courts-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force, and if 

Golden Legacy,  Boundless  Furure.. . Your Nation's Air  Force 

you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel. Milita 
I have made an appointment for you to consul 
Office, Bldg. 292, ext. 3248, on 
counsel at your own expense. 

at 

sel has been obtained to assist you. 
f the Area Defense Counsel's 
. You may consult civilian 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
reparation authority to consider must 
notification memorandum, that date 
extension for good cause shown.  I will send any statements you submit to the separation 
authority for his consideration. 

workdays after receipt of the 

you request and receive an 

6.  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. 

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 your squadron orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  AF Form 3070 w/Atchs, dated 23 Apr 97 
2.  AF Form 1058 w/Atch, dated 17 Mar 97 
3  AF Form 3070 w/Atchs, dated 8 Aug 96 
3.  LOR, dated 2 May 96 
4.  AF Form 174,24 Apr 96