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

=i AB mela
TYPE GEN PERSONAL APPEARANCE RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES Texas Veterans Commission

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MEMBER SITTING

  

GEN UOTHC

 

 

 

 

 

 

 

ISSUES A93.01 INDEX NUMBER AG 7,10

 

 

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

| 4 | BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF |

PERSONAL APPEARANCE
a

TAPE RECORDING OF PERSONAL APPERANCE

>-—-_--—___-----——_—-
HEARING DATE CASE NUMBER

08 Dec 2003 FD-2003-00343
Teme DEN

 

 

 

  

       

Case heard at Randolph AFB, TX.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

  
  
   
 

     

SIGNATURE OF BOARD PRESIDENT

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

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

  
 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2003-00343-A

GENERAL; The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Randolph
AFB on December 8, 2003. The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge to Honorable, change of reason for discharge, and change of
reenlistment eligibility (RE) code is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety that would justify upgrade of the discharge.

ISSUE: Applicant contends discharge was inequitable because “it was too harsh”, The information
provided by the applicant and contained in his records was carefully reviewed by the DRB. The records
indicated the applicant received two Articles 15, and one Letter of Reprimand. The misconduct included
absent without leave, failure to report, stealing mail from a military post office, and communicating a threat.
The DRB opined that through these administrative actions, the applicant had ample opportunities to change
his negative behavior. The applicant also contends that he should not be penalized indefinitely for a mistake
he made when young. The DRB recognized the applicant was 20 years of age when the discharge took
place. However, there is no evidence he was immature or did not know right from wrong. The Board
opined the applicant was older than the vast majority of first-term members who properly adhere to the Air
Force’s standards of conduct. 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, 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
FD2003-00343-A

quate (Former AB) (HGH AMN) (REHEARING)
jaa

1. MATTER UNDER REVIEW: Appl rec’d a GEN Dish fr USAF 28 Jul 00
UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary
Infractions). Appeals for Honorable Discharge, and to Change the
RE Code, Reason and Authority for Discharge.

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 5 Aug 02.

b. The AFDRB reviewed case on 27 Aug 02 (non-appearance w/o
counsel) & concluded applicant's discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 17 Jul 03.
(Change Discharge to Honorable & Change RE Code, Reason and Auth
for Discharge)

ISSUE 1: 1, QQRam requesting an upgrade of a 2B to Al
on my AF Form 214 Reentry Code, so that I may restart my life in

the U.S. Air Force. All of my actions at Incirlik AB, Turkey
were very childish and immature. I am responsible for my own
actions, but at times I am no criminal or convict of any kind.
I’ve never been to a holding cell at Incirlik, nor have I gotten
into any fights while serving in the Air Force. I was home sick
and had no guidance and made mistakes. Mistakes that any young
person with no guidance would make. My life changed in many
different ways.

When I left for Turkey, I had a lovely fiancé. She left me in
the beginning of Aug in 1999. My first love was gone, that
affected me. She left because she could come (sic) and see me,
because of the distance. About five months later my mother was
getting weaker because she had diabetes type II. She was having
hearts problems and I couldn’t see her because I had no leave
days left. My life was falling apart slowly. I was losing
everything. My mother passed exactly one week after I was
discharged from the A.F. It’s been 3 years since I’ve served.
Please don’t condemn me for the minor displinary (sic) mistakes I
made in my past. Let me start my life over and prove that I can

aim high in the A.F.
FD2003-00343-A

Atch
None.

27AUG03/ia
PDR EO3-COSFS

FD2002-0190

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

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/07/28 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 79/09/03. Enlmt Age: 18 9/12. Disch Age: 20 10/12. Educ:HS DIPL.
AFQT: N/A. A-61, E-44, G-42, M-15. PAFSC: 8M0Q00 - Postal Specialist.
DAS: 99/05/16.

b. Prior Sv: (1) AFRes 98/06/29 - 99/01/13 (6 months 15 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted ag AB 99/01/13 for 4 yrs. Svd: 01 Yrs 06 Mo 16 Das, of which
AMS is 1 yr 6 mos 8 days (excludes 8 days lost time).

b. Grade Status: AB - 00/03/09 (Article 15, 00/03/09)
AMN ~ 99/07/13

c. Time Lost: 00/04/09-00/04/17 (8 days)

d. Art 15’s: (1) 00/05/10, Incirlik AB, Turkey - Article 86. You, did,
on or about 9 Apr 00, without authority, absent
yourself from your organization, and did remain so
absent until on or about 17 Apr 00. Article 92. You,
having knowledge of a lawful order issued by Lt Col ---
-~--, to wit: Lt Col -------'s written order, an order
which it was your duty to obey, did, within the
Continental United States, on or about 9 Apr 00, fail
to obey the same by failing to report your status to
MSgt ----~--~ by 1200 hrs on 9 Apr 00 and not contacting
the unit to request a leave extension. Restriction to
the limits of Incirlik Air Base, Turkey for 45 days,

and 45 days extra duty. (No appeal) (No mitigation)

(2) 00/03/09, Incirlik AB, Turkey - Article 134. You, did,
on or about 25 Oct 99, wrongfully open and steal

certain mail matter, to wit: -~------ Compact Disc
games addressed to -------- , Incirlik Air Base, Turkey,

which said items were then in the Incirlik Air Base
Post Office, an official agency for the transmission of
communications, before said items were delivered to the
addressee. Reduction to AB, and forfeiture of $200.00
pay per month for two months. (No appeal) (No

LY
Kp 2003 -CO3F3

 

FD2002-0190
mitigation)
e. Additional: LOR, 03 AUG 99 - Threatening language.
£. CM: none.

g. Record of SV: none.

(Discharged from Incirlik AB)

h. Awards & Decs: AFTR.

i, Stmt of Sv: TMS: (02) Yrs (01) Mos (00) Das
TAMS: (01) Yrs (06) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/23.
(Change Discharge to Honorable and Change RE Code)

Issue 1: I am requesting an upgrade from a General Discharge Under
Honorable Conditions with a reentry code of 2B to an Honorable Discharge with a
reentry code of 1. During the time of my enlistment in the Armed Forces, my
immaturity and youth was shown. I was an 18 year old boy trying to grow up too
fast. I wasn't mature enough to understand the importance of a life long
career, I got into the Air Force thinking about fast cars and money and not
about my future or the importance of the career I chose. Before I found out
where I was stationed, I asked my recruiter was I going to be stationed
overseas. He told me that the Air Force don't send new recruits on their first
assignment. Which later I found that not at all the be true. I was stationed
to Incirlik AB, Turkey. At first, I was content about being there. It didn't
bother me too much. As months past (sic) I got homesick, as anyone would there
first time far away from home. And being so far away from home while my mother
was getting weaker and weaker because of diabetes made me even more sick. My
mind and heart were with her and not my job. All of my actions while in the Air -
Force were immature and childish, because that's what kind of min-set I had. I
was a 19 year old with the mind-set of a 16 year old. I did things without
thinking about the consequences of my actions. I was young and I made young
mistakes. I would like to plea my case to the board and hopefully one day
rejoin the Air Force and prove that people do change. Thank you for your time

and concern.

ATCH
none.

02/08/05/ia
DEPARTMENT OF THE AIR FORCE
39TH WING (USAFE)

 

MEMORANDUM FOR AB sagan 2.6 Sup oe

FROM: 39 CS/CC
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, Section B, Paragraph
5.49. If my recommendation is approved, your service will be characterized as general (under
honorable conditions).

2, My reasons for this action are:

a. On 9 April 2000, you were absent from your organization without authority until on or
about 17 April 2000. Furthermore, on 9 April 2000 you failed to obey Lt Col @j@iMM@erder by

failing to report your status to MSet > y 1200 hours on 9 April 2000. For
these actions you received an Article 15. (Atch 1)

b. On 25 Oct 99, you stole Sony Playstation Compact Disc games from the Incirlik Air Base
Post Office which were addressed to the Army Air Force Exchange Service. For this infraction
you receive an Article 15. (Atch 2) .

c. On 2 Aug 99, you left a threatening letter to your roommate in which you used profane
language, and you conveyed a threat to him. For this infraction you received a Letter Of
Reprimand. (Atch 3)

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.

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 Capt ene: Bldg 948 on
24-Tuer 60 at O800 hrs. You may consult civilian counsel at your own
expense.

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 OS TYurt_o% unless you request
and receive an extension for good cause shown. I will send them to the separation authority.
j
weve : _ | ~2O BYFZ
my PUACOS

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. You have been scheduled for a medical examination. You must report to 39th Medical
Group, Physical Exams at 0930 hrson 30 Sur > __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 at the Area Defense Counsel’s office.

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

      

pLtCol, USAF
ommander, 39 CS

3 Atchs:

1. Article 15, dtd 10 May 00
2. Article 15, dtd 9 Mar 00
3. LOR, dtd 3 Aug 99