NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AFSN/SSAN

 

PERSONAL APPEARANCE

 

x 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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INDEX NUMBER A67.90

A94.05

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

iQ Th [a

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

HEARING DATE

24 Sep 2003

CASE NUMBER

FD-2003-00319

  
  
   

Case heard at Washington, D.C.

*Change reason and Authority to Secretarial Authority.

submit an application to the AFBCMR

SIGNATURE OF RE

JO:
SAF/MRBR
550 C STREET WEST;-SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

 

 

 

 

 

 

 

 

FROM:

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
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

SIDENT

ry

 

 

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 FD-2003-00319

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 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15, seven Letters of Reprimand, one Letter of Counseling, one Record of
Individual Counseling, had an Unfavorable Information File, and was placed on the Control Roster. His
misconduct included multiple instances of being late to work, failed dormitory room inspections, financial
irresponsibility, and dereliction of duty. 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. Therefore, the characterization
of the discharge received by the applicant was found to be appropriate.

Issue 2. Applicant infers that his discharge did not take into account the good things he did while in the
service his final year. The DRB took note of the applicant's duty performance as documented by his
performance reports, letters of recommendation and other accomplishments. They found the seriousness of
the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded
the discharge was appropriate for the reasons that were the basis for this case.

Issue 3. Applicant asserts that many service-members received honorable separations after serving only 3
years of a 4-year contract because of downsizing in the military. He infers that because he was discharged
with 3 years and 1 month service, he should have received an honorable discharge. Applicant failed to
submit any evidence to support this assertion, and the Board was not aware of any such evidence, so
therefore found this contention without merit.

If applicant 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
FD2003-00319

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a. (Former A1lC) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 6 Oct 88 UP AFR 39-10,
para 5-47b (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 11 Nov 65. Enlmt Age: 19 3/12. Disch Age: 22 10/12. Educ: HS DIPL.
AFOT: N/A. A-72, E-98, G-98, M-92. PAFSC: 30456 - Space Communications
Systems Equipment Specialist. DAS: 5 Jun 86.

b. Prior Sv: (1) AFRes 14 Feb 85 - 2 Sep 85 (6 months 20 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 3 Sep 85 for 4 yrs. Svd: 3 Yrs 1 Mo 4 Das, all AMS.

b. Grade Status: A1C - 3 Jan 87
AMN - (APR Indicates): 3 Sep 85 - 2 Oct 86

c. Time Lost: None.

a. Art 15's: {1) 24 Nov 87, March AFB, CA - Article 86. You did, on or
about 12 Nov 87, without authority, fail to go at the
time prescribed to your appointed place of duty.
Suspended reduction to Airman, and 7 days correctional
custody. (No appeal) (No mitigation)

e. Additional: LOR, 29 JUL 88 - Dereliction of duty.
LOR, 26 MAY 88 - Financial irresponsibility.
LOR, 23 MAY 88 - Financial irresponsibility.
LOR, 28 MAR 88 - Failed room inspection.
LOR, 19 FEB 88 - Failed room inspection.
LOR, 24 NOV 87 - Dereliction of duty.
LOR, 02 OCT 87 - Late for work.
RIC, 10 AUG 87 - Late for work.
LOC, 11 JUN 87 - Late for work.

£. CM: None.

g. Record of SV: 3 Sep 85 - 2 Oct 86 March AFB 9 (Annual)
3 Oct 86 - 2 Oct 87 March AFB 8 _ (Annual)

(Discharged from March AFB)

h. Awards & Decs: AFTR, SAEMR.
FD2003-00319

 

i. Stmt of Sv: TMS: (3) Yrs (7) Mos (23) Das
TAMS: (3) Yrs (1) Mos (4) Das

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

Issue 1: The infractions were not of a severity to warrant the discharge
received.

Issue 2: The final year (or so) of service in the base Honor Guard was not
marred by any disciplinary action and showed exemplary behavior as evidenced by
the letters of appreciation sent to the base Honor Guard during the service
mentioned. (Individual recognition of team members was not given, therefore no
such documents are included here).

Issue 3: At the time of discharge, "early out" honorable discharges were
common after 3 years of service on a 4 year contract, as downsizing of the
military had begun. This discharge was at 3 years, 1 month of service.

For these reasons, I believe that an honorable discharge is warranted.

ATCH
None.

14AUG03/ia
FP A003 ~ BO3/P

DEPARTMENT OF THE AIR FORCE
HEACQUAFTERS 33D INFORMATION SYSTEMS GROUP !AFCC)
MARCH AIR FORCE BASE CA 92518-6345

 

REPLY TO

ATTN OF: ccQ 2 4 AUG 1988

SUBJECT: Letter of Notification

 

1. I am recommending your discharge from the United States Air Force for a
Pattern of Misconduct -- Conduct Prejudicial to Good Order and Discipline.

The authority for this action is AFR 39-19, paragraph 5-47b. If my
recommendation is approved, your service will be characterized as honorable or
general. I am recommending that your service be characterized as general.

2. My reasons for this action are:

a. Between on or about 11 Jul 88 and on or about 15 Jul 88, you were
derelict in the performance of your duties by not correcting discrepancies in
your work center’s Technical Orders Directory, as it was your duty to do,
and by sleeping on duty. Reference Letter of Reprimand dated 29 Jul 88.

b. On or about 4, 6, 7, and 8 May 88, you wrote checks and thereafter
dishonorably failed to place or maintain sufficient funds in your bank account
to pay those checks in full on presentment. Reference Letter of Reprimand
and UIF Action dated 26 May 88, and attachments.

ec. On or about 21 Mar 88, you failed to maintain your dormitory room to
standards. Reference Letter of Reprimand dated 28 Mar 88 and Control Roster
Action dated 11 May 88.

d. On or about 12 Nov 87, you failed to go to your appointed place of
duty at the time prescribed. Reference Article 15 dated 24 Nov 87.

e. From on or about 24 Nov 86 to on or about 17 Nov 87, you were
derelict in the performance of your duties by failing to submit a completed
AF Form 398, Personal Security Statement, as it was your duty to do. Reference
Letter of Reprimand and Unfavorable Information File Action dated 24 Nov 87.

ft" On or about 2 Oct 87, -you failed to go to your appointed place of
duty at the time prescribed. Reference Letter of Reprimand dated 2 Oct 87.

g. On or about 1 Aug 87, you failed to go to your appointed place of
duty at the time prescribed. Reference Record of Individual Counseling dated
16 Aug 87.

h. On or about 11 Jun 87, you failed to go to your appointed place of
duty at the time prescribed. Reference Record of Counseling dated 11 Jun 87.

PROVIDING THE REINS OF COMMAND
Do FD 2e03 -00 S/F

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

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 2m
at ADC, Bldg 440 on _2 Sep 88 at 0800 hours. 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

oe unless you request and receive an extension for good cause shown.
I will send them to the separation authority.

5. If you fail 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
“the 22d Strategic Hospital, March AFB, CA on J Sep 88 __ at 0700
hours for the examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-18, attachment 6. A copy of AFR 39-18 is
available for your use in the unit orderly room.

8. Execute the attached ac

ae
9

  
 
 

Medgement and return it to me immediately.

ADO RUIN ai 2 Atch
Commander, Headquarters Squadron Section 1. Supporting documents for the
reason for discharge.

a. LOR dtd 29 Jul 88

b. LOR dtd 26 May 88 w/Atchs
e. LOR dtd 28 Mar 88 w/Atch

d. Article 15 dtd 24 Nov 87

w/Atchs
e. LOR dtd 24 Nov 87 w/Atch
a - f. LOR dtd 2 Oct 87

g. ROIC dtd 19 Aug 87
h. ROC dtd 11 Jun 87

2.