NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

a 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

RECORD REVIEW 

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TYPE GEN 
'"k'mNsEL 
YES 

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No 
X 

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MEMBER SITTING 

HON 

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VOTE OF THEBOARD  ;" 

GEN 

I  UOTHC 

1  OTHER 

I  DENY 

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1 
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ISSUES  A93.01 

I  INDEX NUMBER 

A67.10 

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EXHIBITS SUBMIITED TO TtlE BOARD 

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1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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CASE NUMBER 

TAPE RECORDING OF PERSONAL APPERANCE 

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HEARING DATE 

1  24 Nov 2003 

1  FD-2003-00377 

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APPLICANT'S ISSUE AM) THE BOARD'S DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to 
submit an application to the AFBCMR 

1 v: 

SAFJMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

- 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00377 

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:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  an Article  15 for being  AWOL, failure to go,  and for wrongfully changing his airplane 
ticket.  Additionally, he received  two Letters of Reprimand, one Record of Individual  Counseling, and four 
Memorandums  for Record  for unauthorized  use  of a government  telephone,  excessive amount  of personal 
phone  calls  at  his  duty  station  and  for  financial  irresponsibility.  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.  The 
characterization of the discharge received by the applicant was found to be appropriate.  Applicant contends 
that he  should not be penalized  indefinitely for a mistake he made when  young.  The DRB recognized  the 
applicant  was  21  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  DRB 
concluded that the characterization of the applicant's discharge was appropriate due to the misconduct. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 24 Sep 93 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Jun 72.  Enlmt Age: 19 4/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-93,  E-44,  G-70,  M-32. PAFSC: 73230 -  Personnel Specialist. 
DAS: 4 Jun 92. 

b.  Prior Sv: (1) AFRes 28 Oct 91 -  20 Feb 92 (3 months 24 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  21 Feb 92 for 6 yrs. Svd: 1 Yrs 7 Mo 4 Das, of which AMS 

is 1 yr 6 months 28 days  (excludes 6 days lost time). 

b.  Grade Status:  AMN -  11 Sep 92 (Article 15, 11 Sep 92) 

A1C -  16 Apr 92 

c.  Time Lost:  19 Aug 92 thru 24 Aug 92 (6 days). 

d.  Art 15's:  (1) 11 Sep 92, Pentagon, Wash DC -  Article 86.  You did, on 
or about 20 Aug 92, absent yourself from your unit, and 
did remain absent until you were apprehended on or about 
21 Aug 92.  You did, on or about 24 Aug 92, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  Article 92.  You, at Wright- 
Patterson AFB, Ohio, having knowledge of a lawful 
special order issued by HQ 2750th ABW to proceed to 1100 
National Capitol Region, Washington, DC reporting not 
later than 21 Aug 92, an order which it was your duty to 
obey, did, on or about 21 Aug 92, fail to obey the same 
by wrongfully changing your airplane ticket to 23 Aug 
92.  Reduction to Airman, and forfeiture of $100.00 pay 
per month for 2 months.  (Appeal/Denied) (No mitigation) 

e.  Additional: RIC, 29 JUL 93 -  Unauthorized use of government telephone. 

MFR, 13 JUL  93 -  Financial irresponsibility. 
MFR, 07 MAY 93 -  Financial irresponsibility. 
LOR, 06 MAY 93 -  Financial irresponsibility. 
LOR, 05 MAY 93 -  Financial irresponsibility. 
MFR, 29 APR 93 -  Financial irresponsibility. 
MFR, 29 APR  93 -  Excessive amount of personal phone calls 

at duty station. 

LOR, 10 AUG 92 -  Dereliction of duty, late for work and 

LOC,  21 JUL 92 -  Failure to go. 

lying. 

) 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Pentagon) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (10) Mos  (22) Das 

TAMS: (1) Yrs  (6) Mos  (28) Das 

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

(Change Discharge to Honorable) 

Issue 1:  I'm applying for this upgrade because of my love for the military. 

I feel I was wrongly discharged because I was found wrong for cashing my 
roomates (sic) check (which I believed to be good) for his portion of the rent. 
I'm older now and would call a bank to check for funds now, but at 19 I was 
still new to checks and bank accounts.  I have paid the complete amount back to 
the USAF, but due to my discharge some employers look down on me.  I can't 
complete school to no (sic) being eligible for my GI Bill which I paid into, I 
can't us  (sic) my VA loan, and I have a wife and six children.  I am also unable 
to join the National Guard or anything when I would love to be still serving my 
country.  Please review my file, and see what I state is true, and allow me to 
be upgraded to Honorable.  May God bless you all.  Thanks in advance. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

llOOTH NATIONAL CAPITAL REGION SUPPORT GROUP (AFDW) 

WASHINGTON, D.C.  20330-1300 

REPLY TO 
ATTN TO:  CCQ 

SUBJECT:  Notification Letter 

TO: 0

.. 

. ,  

1

1.  I am recommending your discharge from the United States 
Air Force for minor disciplinary infractions.  The authority 
for this action is AFR 39-10, 5-46.  If my recommendation is 
approved, your service will be characterized as general. 

2.  My  reasons for this action are:  The unofficial use of 
government telephones; failure to make the monthly payments to 
AAFES for checks returned for non-sufficient funds according 
to  the  terms  that  you  agreed  upon  in  a  4 May  93 payment 
agreement; on or about 3 May 93 your supervisor informed you 
to take copies of your existing bills and any other financial 
documentation to a scheduled appointment with Family Support 
personnel to assist in establishing a budget and you failed to 
obey;  on or about 13 Apr 93 you cashed four two party checks 
at AAFES  in  the amount of  $480.00  which  were  returned  for 
insufficient funds; you were AWOL from 19 - 24 Aug 92; and on 
31 Jul 92 you failed to return to you appointed place of duty 
division going away luncheon.  Copies of the documents 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. 

3.  You have the right  to consult counsel.  Military  legal 
made  an 
counsel  has  been  obtained 
appointment for you to consu 
Andrews 
AFB,  MD  on  \3Quaq3 
You  may 
consult civilian counsel at your own expense. 

at  \000 

hours. 

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 \$ 
unless you request 
and receive an extension for gotrd  cause shown.  I will send 
them to the separation authority. 

9 3 

5.  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. 

6.  You have been scheduled for a medical examination.  You 
must report to Malcolm Grow Medical Facility, Andrews AFB, MD 
at 07- 

q~;3 for the examination. 

hours on  1 . 3 ~ ~  

J 

7.  Any  personal  information  you  furnish  in  rebuttal  is 
covered by  the Privacy Act Statement as explained in AFR 39- 
10, attachment 2.  A copy of AFR 39-10 is available for your 
use,in  the unit orderly room #5D340. 

14 Atch 
1.  AF Form 174 

dtd 29 Jul 93 

2.  MFR dtd 13 Jul 93 
3.  Dishonored Check 

Notice dtd 17 Jun 93 

13.  LOR dtd 10 Aug 9 2  
14.  LOC dtd 21 Jul 92 

4.  MFR dtd 7 May 93 
5.  LOC dtd  6 May 93 
6.  LOR w/UIF  entry 

dtd 5 May 93 
7.  AAFES Payment 

Agreement  dtd 
4 May 93 

8.  MFR dtd 29 Apr 93 
9.  MFR dtd  29 Apr  93 
10.  Article 15 

dtd 26 Aug 92 

11.  AF Form 2098 

dtd 25 Aug 92 

12.  AF Form 2098 

dtd 20 Aug 92