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AF | DRB | CY2003 | FD2003-00361
Original file (FD2003-00361.pdf) Auto-classification: Denied
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AIR FORCE DISCHARGE REVIEW BOARD HEARTNG RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 
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MEMBER SITTING 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 
Texas Veterans Commission 

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1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMIlTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

HEARING DATE 

1  03 Dec 2003 

CASE NUMBER 

I  FD-2003-00361 

1 

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ILPPLtCANP'S IGSUEAND THB BDARD'S L2ECISIUNRL RAlTONAL ARE DIEXLSSM dN THE A T T s \ C ~  AIRFOR&  DISCHARGE REYEW BDARD DEtS1ONAi RA7lQNAEE. 

1 

Case heard at Randolph AFB, Texas. 

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

TO: 

SAF/MRBR 
550 C STREET WEST,  SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

1 
I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEWBOARD 
1535 COMMAND D R  EE WING. 3RD FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 6  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

Z 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00361 

GENERAL:  The applicant appeals for upgrade of discharge to honorable  and to change the reenlistmen 
code. 

The  applicant  appeared  with  counsel before  the  Discharge Review  Board  at  Randolph  AFB,  Texas  on  : 
December 2003. 

. 

The following additional exhibits were presented: 
Exhibit #5, Character Letter, 2 December 2003, 
Exhibit #6, Character ,Letter, 28 November 2003, 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 
I FINDINGS:  Upgrade of discharge and change of reenlistment code are 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 oi 
discharge. 

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: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record and the evidence presented by the applicant at his discharge review board personal appearance.  The 
Board reviewed the entire record  and the applicant's  presentation and found no  evidence of impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received 
a general discharge for a pattern of misconduct--conduct  prejudicial to good order and discipline.  Between 
on  or  about  12  December  2001  and  on  or  about  20  October  2002  the  applicant  had  9  instances  of 
misconduct.  His commander  and supervisors responded  to the misconduct with  a variety of rehabilitative 
and disciplinary tools including 5  letters of reprimand, one record of individual counseling, and three actions 
under Article  15, UCMJ, (two nonjudicial punishment actions and one vacation of a suspended nonjudicial 
punishment). 

The  DRB  opined  that  through  these  administrative  and  nonjudicial  actions,  the  applicant  had  ample 
opportunities to change his repetitive, negative behavior. 

The Board concluded the disciplinary infractions were a significant departure from the conduct expected of 
all military members. 

The  Board  found  no  evidence  of  impropriety  or  inequity  in  this  case  on  which  to  base  an  upgrade  of 
discharge. 

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. 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

MISSING MEDICAL RECORDS 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 30 Dec 02 UP AFI 36- 
3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 May 81.  Enlmt Age: 18 10/12.  Disch Age: 21 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-46,  G-53,  M-45. PAFSC: 2A631D -  Aerospace Propulsion 
Apprentice. DAS: 28 Apr 01. 

b.  Prior Sv: (1) AFRes 31 Mar 00 -  25 Sep 00 (5 months 26 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 26 Sep 00 for 6 yrs. Svd: 2 Yrs 3 Mo 5 Das, all AMS. 

b.  Grade Status:  AMN -  23 Oct 02 (Article 15, Vacation, 23 Oct 02) 

A1C -  10 NOV 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Nov 02, Kadena AB, Japan -  Article 92.  You, who knew 
or should have known of your duties, on or about 20 Oct 
02, were derelict in the performance of your duties in 
that you willfully failed to get a proper base pass for 

a Japenese local national, to enter Kadena 

Air Base, as it was your duty to do.  Reduction to 
Airman Basic, suspended forfeiture of $250.00 pay per 
month for 2 months, 45 days restriction, and a 
reprimand. (No appeal) (No mitigation) 

(2) 23 Oct 02, Vacation, Kadena AB, Japan -  Article 86. 

You did, on or about 4 Oct 02, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  Reduction to Airman.  (No appeal) (No mitigation) 

(3) 19 Jul 02, Kadena AB, Japan -  Article 123a.  You did, 

between on or about 19 May 02 to on or about 22 May 02, 
with intent to defraud and for the procurement of lawful 
currency, wrongfully and unlawfully utter 3 checks to 
the 1eth Services Squadron, in words and figures as 
follows, to wit: Check#0055, dated 19 May 02, in the 
amount of $300.00, Check#0057, dated 21 May 02, in the 
amount of $150.00, and Check#0058, dated 22 May 02, in 
the amount of $100.00, then knowing that you, the maker 

thereof, did not or would not have sufficient funds in 
or credit with-ank 
for the payment of the 
said checks in full upon its presentment.  Suspended 
reduction to Airman.  Forfeiture of $275.00 pay per 
month for 2 months.  (No appeal) (No mitigation) 

e.  Additional: LOR, 23 OCT 02 -  Late for work. 

LOR, 02 OCT 02 -  Failure to obey a lawful order. 
LOR, 02 OCT 02 -  Financial irresponsibility. 
LOR, 31 MAY 02 -  Playing inappropriate music at work. 
RIC, 27 MAR 02 -  Financial irresponsibility. 
LOR, 03 JAN 02 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 26 Sep 00 -  15 Apr 02  Kadena AB  3  (HAF  Dir) 

(Discharged from Lackland AFB) 

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

i.  Stmt of Sv:  TMS: (2) Yrs  (9) Mos  (0) Das 
TAMS:  (2) Yrs (3) MOS  (5) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Jul 03 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. DD Form 214. 
2. Verification of Military Experience and Training. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEM0RANI)UM FOR AIRMAN BAS1 

FROM:  18 CMSICC 

SUBJECT:  Notification Memorandum 

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 my recommendation is AFPD 36-32 
and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, then your service may be 
characterized as either honorable or under honorable conditions (general).  I am recommending that your 
service be characterized as under honorable conditions (general). 

2.  My specific reasons for this action are: 

a.  On or about 12 Dec 01, you failed to go at the appointed time to your place of duty, building- 

As a result, you received a Letter of Reprimand on 3 Jan 02 (Tab 1-1). 

b.  On or about 22 Mar 02, it was discovered that you failed to pay your just debts to-ank 

for an outstanding loan and to-r 
verbally counseled on financial responsibilities in the past.  As a result, you received a Record of 
Individual Counseling on 27 Mar 02 (Tab 1-2). 

your monthly car payment.  Furthermore, you have been 

c.  Between on or about  19 May 02 to on or about 22 May 02, at or near Kadena AB, Okinawa, Japan, 
with intent to defraud and for the procurement of lawful currency, you wrongfully wrote three checks to 
18th Services Squadron without sufficient funds in the bank.  As a result, you received Nonjudicial 
Punishment pursuant to Article 15, UCMJ, o  19 Jul02.  Your punishment included reduction to the 
grade of Airman suspended until  18 Jan 0fahd  forfeiture of $275.00 pay per month for 2 months.  An 
Unfavorable Information File (UIF) was established (Tab 1-3). 

d' 

* 

d.  On or about 29 May 02, you disobeyed a lawful order not to play music with explicit material, as it 

is not appropriate for a work environment.  Furthermore, you were told at least two times prior to this 
incident not to bring and play this type of music in the work area.  As a result, you received a Letter of 
Reprimand on 3 1 May 02 (Tab 1-4). 

e.  On or about 12 Aug 02, it was discovered you dishonorably failed to pay your just debts in the 
amount of $1 14.68 on your Services Club Card, which was four months delinquent.  As a result, you 
received a Letter of Reprimand on 2 Oct 02.  A copy of the LOR was placed in your UIF (Tab 1-5). 

f.  On or about 4 Sep 02, you disobeyed a lawful order and went off base during a typhoon instead of 
going directly to your dormitory room as ordered.  As a result, you received a Letter of Reprimand on 2 
Oct 02.  A copy of the LOR was placed in your UIF (Tab 1-6). 

g.  On or about 4 Oct 02, at Kadena Air Base, Okinawa, Japan, you failed to go at the prescribed time 

to a mandatory formation for physical training.  As a result, your suspended Nonjudicial Punishment 
dated 19 Jul02, was vacated on 23 Oct 02.  Your punishment included reduction to the grade of Airman 
with new date of rank of 19 Jul02 (Tab 1-7). 

h.  On or about 17 Oct 02, you failed to report for work on time.  As a result, you received a Letter of 

Reprimand on 23 Oct 02.  A copy of the LOR was placed in your UIF (Tab 1-8). 

i.  On or about 20 Oct 02, at or near Kadena Air Base, Okinawa, Japan, you were derelict in the 

performance of your duties in that you willfully failed to get a proper base pass for a local Japanese 
national to enter Kadena Air Base.  As a result, you received Nonjudicial Punishment pursuant to Article 
15, UCMJ, on 8 Nov 02.  Your punishment included reduction to the grade of Airman Basic, with a new 
date of rank of 8 Nov 02, forfeiture of $250.00 pay per month for 2 months, suspended until 7 May 03, 
restriction to Kadena Air Base, Olanawa, Japan for 45 days, and a reprimand (Tab 1-9). 

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation 
are attached.  The commander e x e r c i ~ i n ~ s ~ ~ ~  
jurisdiction or a higher authority will decide whether you 
will be discharged or retained in the United States 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 
made an appointment for you to consult 
Building 1460 on 
expense. 

D EC 01 at 

s been obtained to assist you.  I have 
at the Area Defense Counsel at 
sult civilian counsel at your own 

5.  You have the right to submit statements in response to this action.  Any statements that you want the 
separation authority to consider must reach me by  \O  DE c  83  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 statements in your own behalf, then 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 the Physical Examination 
\ 0 ;;10  on  5 PEc 0 2 for the examination. 
Section, 1 8th Medical Group, Kadena AB, Japan at 

8.  The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use at the Area Defense Counsel's office. 

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

commander, 1 8th Component Maintenance Squadron 

Attachments: 
1.  LOR, 3 Jan 02 
2.  ROC, 27 Mar 02 
3.  Article 15, 19 Jul02 
4.  LOR, 3 1 May 02 
5.  LOR, 2 Oct 02 
6.  LOR, 2 Oct 02 
7.  Vacation action, 23 Oct 02 
8.  LOR, 23 Oct 02 
9.  Article 15, 8 Nov 02 
10.  Airman's Receipt of Notification Memorandum 
1 1.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 
Bonuses 



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