AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFSN/SSAN
we
PERSONAL APPEARANCE X RECORD REVIEW
: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN uoTHC | OTHER | DENY
Se x
i, x
_tis@Y x
}
_—i(is x
, ti *
ISSUES ay 3.11 INDEX NUMBER ac7. 19 LIED
I | ORDER APPOINTING THE BOARD
2 | APPEICATION 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
08 Oct 2003 FD-2003-00323 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
2 ea Eaten

      

Case heard at Washington, D.C.

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

—_,

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
$50.C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

’ 1535 COMMAND DR, EE WING, IRD FLOOR
RANDOLPH AFB, TX 78150-4742 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 | py2993-00323

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, vacation of
suspended punishment, and an Unfavorable Information File. His misconduct included misuse of his
government travel card, writing a bad check to pay the resultant debt, failing to bring required documents to
a scheduled financial counseling appointment, and misappropriating a sum of money from a civilian
business. Member also had two Enlisted Performance Reports, the last of which was rated an overall
referral “2.” It referenced a Letter of Admonishment and several counseling sessions by member’s
supervisor and the First Sergeant for disobeying lawful orders, providing half truths, and being of
questionable integrity. It also noted chronic financial problems led to the misuse of the government travel
card, and continued bad judgment led to the vacation action. At the time of the discharge, member waived
his right to consult counsel and to submit statements in his own behalf. The Board noted member was
given several opportunities to correct his behavior but was either unwilling or unable to do so. 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. The
Board did not find an 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
FD2003-00323
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a (Former AlC) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 5 Dec 02 UP AFI 36-3208,
para 5.49 {Misconduct - Minor Disciplinary Infractions}. Appeals for Honorable
Discharge.

2. BACKGROUND:

‘ a. DOB: 9 Apr 81. Enlmt Age: 17 3/12. Disch Age: 21 7/12. Educ: HS DIPL.
AFOT: N/A. A-87, E-39, G-50, M-11. PAFSC: 4A051 - Health Service Management
Journeyman. DAS: 6 Dec 99.

b. Prior Sv: (1) AFRes 30 Jul 98 - 22 Jun 99 (10 months 24
days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 23 Jun 98 for 6 yrs. Svd: 3 Yrs 5 Mo 13 Das, all AMS.

b. Grade Status: A1C - 9 Jul 02 (Vacation of Article 15, 10 Oct 02)
SRA - 21 Nov O1
Alc - 21 Jul 99

c. Time Lost: None.

d. Art 15’s8: (1) 10 Oct 02, Vacation, Lackland AFB, TX - Article 92.
You, who knew of your duties, on or about 3 Sep 02, were
derelict in the performance of your duties in that you
willfully failed to bring financial documents to a
scheduled financial counseling appointment, as it was
your duty to do. Article 121. You, did, on or about 16
May 02, wrongfully appropriate money, of a value of
about $188.50, the property of OtisSpunkmeyer, Inc.
Reduction to A1lC. (No appeal) (No mitigation)

(2) 9 Jul 02, Lackland AFB, TX - Article 92, You, who knew
of your duties, from 6 Nov 01 to about 15 Apr 02, were
derelict in the performance of your duties in that you
willfully failed to refrain from using your’

“MAMNMe Government Charge Card for other than official
travel, as it was your duty to de. Article 134. You,
did, on or about 24 Jan 02, make and utter to eae
ae a certain check, in words or figures as follows,
to wit: $594.14, in payment of a debt, and did
thereafter dishonorably fail to maintain sufficient
funds in the Lackland Federal Credit Union for payment
of such check in full upon its presentment for payment.
FD2003-00323

You, did, on or about 1 Mar 02, make and utter to wap
ie: certain check, in words and figures as
follows, to wit: $529.84, in payment of a debt, and did
thereafter dishonorably fail to maintain sufficient
funds in the ee ederal Credit Union for payment
of such check in full upon its presentment for payment.
Suspended reduction to A1C. Suspended forfeiture of
$692.00 pay per month for 2 months, and a reprimand.
{No appeal) (No mitigation}
e. Additional: None.

f. CM: None.

g. Record of SV: Examiner's Note: There doesn't appear to be any EPR
covering the period from 23 Jun 99 through 15 Jan 01.

16 Jan 01 - 15 Jan 02 Lackland AFB 5 (Annual)
15 Jan 02 - 30 Oct 02 Lackland AFB 2 {(CRO)REF

(Discharged from Lackland AFB}

h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (4) Yrs (4} Mos (6) Das
TAMS: {3} Yrs (5) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd § Jul 03.
{Change Discharge to Honorable)

Chronic financial hardship during the year of 2002.

ATCH

1. Personal Resume.

2. Enlisted Performance Report.
3. AF Form 999.

4. DD Form 214.
& @ Fracs-cd03g43

DEPARTMENT OF THE AIR FORCE

WILFORD HALL MEDICAL CENTER (AETC)
LACKLAND AFB TEXAS

 

iz Nay ow

 

FROM: 859 SOS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The basis for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If my
recommendation is approved, your service will be characterized as Honorable, Under Honorable
Conditions (General) or Under other Than Honorable Conditions (JOTHC). Iam
recommending your service be characterized as General.

2. My reasons for this action are:

a. From about 6 Nov 01 to 15 Apr 02, you were derelict in the performance of your duties by
willfully using your§gqQQ@RMMlaes overnment charge card for other than official travel, in
violation of Article 92, Uniform Code of Military Justice, UCMJ. On or about 24 January 02,
you made a check to —_ in the amount of $594.14 and dishonorably failed to
inaintain sufficient funds in the ederal Credit Union for payment of the check upon its
presentation, in violation of Article 134, UCMJ. On or about 1 Mar 02, you made a check to
MMA in the amount of $529.84 and dishonorably failed to maintain sufficient funds
Seeeet cderal Credit Union for payment of the check upon its presentation, in violation
of Article 134, UCM. As aresult, you received an Article 15 dated 9 Jul 02. Your punishment
was a suspended reduction to the grade of A1C (E-3), a suspended forfeiture of $692.00 pay for
two months, and a Reprimand. A copy of the Article 15 was filed in your Unfavorable
Information File (UIF).

 
 
 

  

b. On 3 Sep 02, you were derelict in the performance of your duties by failing to bring
financial documents to your scheduled financial counseling appointment, in violation of Article
92, DEM. On 16 May 02, you wrongtally appropriated money of a value of about $188.50, the

peep cotar ON Tee eae Teen fea wba datie - “fA aren tale 17! UCM, Aga: epot alt we ee renende q

reduction to the grade of AIC (E-3) was vacated on 21 Oct 02.

3. Copies of the document to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the Air Force. If you are discharged,
you will be ineligible for reenlistment in the Air Force and will probably be denied enlistment in
any component of the armed forces.

4, Military legal counsel has been obtained for you. 1 have made an appointment for you to
consult The Area Defense Counsel at building number 1000, on 11 Nov 02 at 1300 hours.
a gi FD2M5-20 325

Instead of the appointed counsel, you may have another, if the lawyer you request is in the active
military service and is available as determined according to AFI 51-201. In addition to military
counsel, you have the right to employ civilian counsel. The Air Force does not pay expenses
incident to the employment of civilian counsel. Civilian counsel, if employed, must be readily
available.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by (allow 3 workdays) 1$ As 42 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 or to submit statement 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 Wilford Hall
Medical Center, Family Medical Clinic on 18 Nov 02 at 1325 hours, with your medical,
immunization, and dental records for the examination.

8. You have been scheduled for a Transition Assistance Program (TAP) briefing. You must
report to the Family Support Center, Bldg 1249, 1561 Stewart Street, on [7% ov 2 2 at

ts©oO _ hours for an appointment with wy Sue ni

9. 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 Commander’s Support Staff.

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

 

Commander

Attachments:
1. AF Form 2070 dated 9 Int 09

2. AP boon 306 daled 41 Uct v2