NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

      

 

 

GRADE « AFSN/SSAN
fee ; i : 4
PERSONAL APPEARANCE xX RECORD REVIEW

 

 

NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON | GEN | UOTHC | OTHER | DENY
FCG x
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ISSUES A95.00 INDEX NUMBER A67.50

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

Be [GD [et

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

HEARING DATE

20 Nov 2003

  
   
     

CASE NUMBER

FD-2003-00340

Case heard at Washington, D.C.

submit an application to the AFBCMR

SIGNATURE

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

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002 *

 

TAPE RECORDING OF PERSONAL APPERANCE

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00340

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 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 that would justify a change of

discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received two
Article 15s. The first for altering his temporary license plate to extend the validity. The second one for
writing a bad check. Additionally, he received two Letters of Reprimand, two Letters of Counseling, and
five Records of Individual Counseling for being late for work, taking unauthorized breaks, sleeping on duty,
being late for formation, financial irresponsibility, and failure to obey a lawful order. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative/repetitive
behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct

expected of all military members.

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
FD2003-00340
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 25 Nov 02 UP AFI 36-

3208, para 5.50.2 (Misconduct - A Pattern of Misconduct). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 28 May 79. Enlmt Age: 19 2/12. Disch Age: 23 5/12. Educ: HS DIPL.
AFOT: N/A. A-82, E-42, G-41, M-18. PAFSC: 3E131 - Heating Ventilation, AC and
Refrigeration Apprentice. DAS: 29 Jul 99.

b. Prior Sv: (1) AFRes 18 Aug 98 - 2 Dec 98 (3 Months 15 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 3 Dec 98 for 6 yrs. Svd: 3 Yrs 11 Mos 23 Das, all AMS.
b. Grade Status: SRA - 3 Apr O01
c. Time Lost: None.

d. Art 15’s: (1) 4 Sep 02, F. E. Warren AFB, WY - Article 134. You,
did, on or about 24 Jul 02, make and utter to Bank of
America a certain check, in words and figures, to wit:
$145.86, one hundred forty five dolars and eighty six
cents, in payment of a debt, and did thereafter
dishonorably fail to maintain sufficient funds in the
Warren Federal Credit Union for payment of such check in
full upon its presentment for payment. Suspended
reduction to A1lC, and 15 days extra duty. (No appeal)
(No mitigation)

(2) 10 Oct O01, F. E. Warren AFB, WY - Article 92. You, who
knew of your duties, on or about 9 Sep 01, were derelict
in the performance of those duties in that you willfully
failed to refrain from tampering or altering your
temporary license plates to extend validity, as it was
your duty to do. Suspended reduction to A1iC, 30 days
restriction, and 30 days extra duty. (No appeal) (No
mitigation)

e. Additional: LOC, 26 SEP 02 ~ Failure to obey a lawful order.
LOR, 30 NOV 01 - Financial irresponsibility.
LOR, 16 AUG 01 - Financial irresponsibility.
LOC, 12 APR 01 - Late for work.
RIC, 15 MAR 01 - Late for formation.
f£.

g.

h.

i.

CM: None.

RIC, 23
RIC, 22

RIC, 22
RIC, 05
TRAFFIC

Record of SV: 3 Dec

Awards & Decs:

Stmt of Sv:

3 Aug

FD2003-00340

JUN 00 - Taking an unauthorized break.
JUN 00 - Taking an unauthorized break and sleeping

on duty.
FEB 00 - Late for work.
SEP 99 - Late for work.
TICKET, 25 AUG 99 - Speeding.

98 —- 2 Aug 00 F. E. Warren AFB 4
00 - 2 Aug 01 F. E. Warren AFB 2

(Discharged from F. E. Warren AFB)

AFTR, NDSM, CEB.

TMS: (4) Yrs (3) Mos (8) Das
TAMS: (3) Yrs (11) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 7 Jul 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH
None.

(Initial)
(Annual REF)

22 Aug 03/cr
[22008 -O002¢0

DEPARTMENT OF THE AIR FORCE
90TH SPACE WING (AFSPC)

 

ZB Oct O2.

MEMORANDUM FOR 4930: elaine

 

FROM: 90 CES/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from 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 or under
honorable conditions (general). I am recommending that your service be characterized as under
honorable conditions (general). ,

2. My reasons for this action are:

a. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 5 Sep 99, did fail
to go to your appointed place of duty at the scheduled time (late for work). For this misconduct
you received a Record of Counseling (ROC), dated 5 Sep 99.

b. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 22 Feb 00, did
fail to go to your appointed place of duty at the scheduled time (late for work). For this
misconduct you received an ROC, dated 22 Feb 00.

c. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 20 Jun 00, were
derelict in your duty (taking an unscheduled break and sleeping on duty). For this misconduct
you received an ROC, dated 22 Jun 00.

d. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 23 Jun 00, were
derelict in your duty (taking an unscheduled break). For this misconduct you received an ROC,
dated 23 Jun 00.

e. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 15 Mar 01, did
fail to go to your appointed place of duty at the scheduled time (Readiness formation). For this
misconduct you received an ROC, dated 15 Mar 01.

f. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 12 Apr 01, did
fail to go to your appointed place of duty at the scheduled time (late for work). For this
misconduct, you received a Letter of Counseling (LOC), dated 12 Apr 01.
FO2007- JOPYO

g. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 16 Jul 01 did
fail to pay your debts. For this misconduct you received a Letter of Reprimand (LOR),
dated 16 Aug 01.

h. You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming, on or about
9 Sep 01, were derelict in the performance of those duties in that you willfully failed to refrain

from tampering or altering your temporary license plates to extend validity, as it was your duty
to do. For violation of UCMJ Article 92, you received an Article 15, dated10 Oct 01.

i. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 27 Nov 01, did
fail to pay your debts. For violation of Article 134 of the UCMJ, you received an LOR, dated
30 Nov O1.

j. You, did, at or near Cheyenne, Wyoming, on or about 24 July 02, make and utter to Bank
of America a certain check, in words and figures as follows, to wit: $145.86, one hundred forty
five dollars and eighty six cents, in payment of a debt, and did thereafter dishonorably fail to
maintain sufficient funds in the Warren Federal Credit Union for payment of such check in full
upon its presentment for payment. For violation of UCMJ Article 134, you received an
Article 15, dated 4 Sep 02.

k. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 25 Sep 02, did
fail to obey a lawful order and report to the HVAC shop. For this misconduct you received an
LOC, dated 26 Sep 02.

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 will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may
be subject to recoupment.

4. 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 with an attorney at the Area Defense Counsel’s
Office at Building 292, extension 3248, on “@Boct 02 at 1sZ0 . You may

consult civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within three workdays after receipt of the
notification memorandum, that date being Hock OZ , unless you request and
receive an extension for good cause shown. I will send any statements you submit to the
separation authority for his consideration.
fi O2%PO?- C024 0)

6. If you fail to consult counsel or to submit statements on 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 Physical Exams at
0730 hours,on 74 O tk OZ for the examination.

 

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 in your Command Support Staff office.

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

 

Attachments:

ROC, dated 5 Sep 99

. ROC, dated 22 Feb 00

ROC, dated 22 Jun 00

ROC, dated 23 Jun 00

ROC, dated 15 Mar 01

LOC, dated 12 Apr 01

LOR, dated 16 Aug 01

Article 15, dated 10 Oct 01

. LOR, dated 30 Nov 01

10. Article 15, dated 4 Sep 02

11. LOC, dated 26 Sep 02

12. Other derogatory data not listed in the Notification Memorandum: Armed Forces Traffic
Ticket, dated 25 Aug 99. .

CRNAKRWN >