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AF | DRB | CY2004 | FD2003-00232
Original file (FD2003-00232.pdf) Auto-classification: Denied
N W E  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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X 

TYPE 

'OUNSEL 

\ ES 

No 

I 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

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ADDRESS  4ND OR ORGANIZATION O F  COUNSEL 

.-.. 

lssUEs 

p-.-.m 

A01.49 

INDEY NUMBER 

A01.13 

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I 

I 

I 

EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING  THE BOARD 

I 
1  2  1  APPLICATION  FOR  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

HEARING  DATE 

CASE NUMBER 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

29 Jun 2004 
APPLICANT'S ISSUE AND THEBOARD'S DECISIONAL RATIONAL  ARE DISCUSSED ON THE 4TTACHED AIR FORCE DlSCH4RGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00232 

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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 AFBCIVIR 

+ CHANGE R E A W N ?  

TARIAL AUTHORITY 

, - - - - - - - - - - - - - - - - - - - - - - C - - - " - - - - - C * - - - - - - C - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - -  

................................ 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

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I 

1 

I 

' ~ ~ . ~ ~ ~ . . ~ . ~ - . . ' . ~ . . ~ . . ~ . ~ ' . ~ . . ~ . . . . ~ . . ' . ' i ~ 6 6 f i s ~ f r ; l ~ ~ . . ~ . ~ . . ~ . . ~ . . . . ~ . . ~ . . ~ . ~ . ~ ~ ~ ~ ~ . ~ ~ ~ ~ . . ~ ~ ~ ~ ~ ~ . . ~ . . ~ ~ ~ ~ ~ ~ ~ !  

DATE:  7i22/2004 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

BD-2003-00232 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant appeared before the Discharge Review Board (DRB) at Andrews AFB, Maryland  on 29 June 
2004, without counsel. 

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

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  the  evidence  of record  substantiates an  inequity  which  would  justify  an  upgrade  of  the 
discharge characterization. 

ISSUE: 

The applicant contends that due to his mental disabilities he developed while in the service he was unable to 
express his needs to get help.  The applicant's records reveal medical issues, which if known by the 
separation authority at the time of the applicant's  discharge, could have led to a different conclusion 
concerning characterization of the applicant's  service.  Therefore, in the interest of equity, upgrade of the 
discharge and change of reason and authority are justified. 

CONCLUSIONS:  . 

In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more 
accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described 
as  Secretarial Authority.  The applicant's  characterization  and reason for discharge should be changed under 
the provisions of Title  10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

FD2003-00232 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 18 Sep 96 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 21 May 73. Enlmt Age: 18 10/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-82,  G-86,  M-68. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 11 Oct 95. 

b.  Prior Sv: (1) AFRes 25 Mar 92 -  30 Apr 92 (1 month 6 days) (Inactive). 

for 7 months.  Extended 28 Oct 94 for 7 months.  Svd: 3 yrs 6 months 20 days, all 
AMS.  AMN -  1 Nov 92.  A1C -  1 Sep 93.  SRA -  1 May 95.  EPRs: 4,3,5. 

(2) Enlisted as AB  1 May 92 for 4 yrs.  Extended 30 Apr 94 

3.  SERVICE UNDER REWIEW: 

a.  Reenlisted as SRA 20 Nov 95 for 6 yrs. Svd: 0 Yrs 9 Mo 29 Das, all AMS. 

b.  Grade Status:  A1C -  22 Aug 96  (Article 15, 22 Aug 96) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Aug 96, Scott AFB, IL -  Article 92.  You, did, 

within the territorial limits of the United States, 
between on or about 10 Jul 96 to on or about 12 Jul 96, 
fail to obey a lawful general instruction, to wit: 
paragraph 16, AFI 65-104, dated 1 Sep 95, by wrongfully 
using your American Express c-ard for personal use not in 
connection with government travel expenses.  Reduction 
to AlC.  Suspended forfeiture of $200.00 pay per month 
for 2 months.  Reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 17 JUN  96 -  Dereliction of duty. 

LOR, 15 APR 96 -  Financial irresponsibility. 
LOR, 29 MAR  96 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 12 Aug 95 -  11 Aug 96  Scott AFB  2  (Annua1)REF 

(Discharged from Scott AFB) 

h.  Awards &  Decs:  AFAM, AFLSAR, AFTR, AFOSSTR, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (5) Mos  (25) Das 
TAMS: (4) Yrs  (4) Mos  (18) Das 

4.  BASIS ADVANCED FOR REXIEW:  Appln  (DD Fm 293) dtd 3 May 03. 

(Change Discharge to Honorable) 

Issue 1:  Due to the mental disabilities I developed while in service I was 

unable to express my needs to get help. 

ATCH 
None. 

MEMORANDUM FOR A I C 

FROM:  375 SUPSICC 

SUBJECT:  Notification Letter 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary infractions.  The 
authority for this action is AFI 36-3208, paragraph  5.49.  If my recommendation  for discharge is approved, your 
service may be characterized as Honorable, General (Under Honorable Conditions), or Under Other Than 
Honorable.  I am recommending that your service be characterized as General (Under Honorable Conditions). 

2.  My reasons for this action are: 

a.  Between about 12 Jan 96 to about 6 Feb 96, you  failed to maintain  sufficient funds in your checking account. 
For this offense you received a Letter of Reprimand  (LOR), dated 29 Mar 96 with an Unfavorable Information File 
(UIF) entry.  (Atch  1) 

b.  Between about  1 Feb 96 to about 7 Feb 96, you failed to maintain  sufficient fbnds in your checking account. 

For this offense you received an LOR, dated  15 Apr 96 with a lJIF entry.  (Atch 2) 

c.  On or about  10 Jun 96, you were derelict in the performance of your duties by  failing to to chock vehicle unit 

91L-030.  For this offense you received an LOR, dated  17 Jun 96 with a UIF entry.  (Atch 3) 

d.  Between about 10 Jul96 to about  12 Jul96, you failed to obey a lawful general instruction by wrongfully 
using your American  Express card for personal use not in connection with government travel expenses.  For this 
offense you received an Article  15, dated 23 Aug 96.  (Atch 4) 

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.  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 with the Area Defense Counsel, Bldg 7, on  < $+? 96 
at  0 3 0  hrs. You 
may consult civilian counsel at your own expense. 

5.  You have been scheduled for a medical examination.  You must report to the 375th Medical Group, Physical 
Examinations Section, on  6 s,, 
96 
appointment scheduled on d 4C 

hrs for the examination.  You also have a doctors 

at  0700 

at 

/ j o ~   hrs. 

6.  You will report immediately to the DEERs Office, Bldg 350, to surrender your Military Identification Card (ID) 
and the ID Cards of any dependents.  You will be issued a temporary ID pending the 375 AWICC decision on your 
discharge. 

7.  You will report  before close of business tomorrow (or the next duty day)  to the Transportation Management 
Office (TMO), Outbound Assignments, to complete a Scott Air Force Base Form 241lPersonal Property 
Appointment Sheet.  That worksheet must be completed and returned to TMO within 5 days. 

8.  You wil1,report before close of business tomorrow (or the next duty day) to Special Actions at Military Pay, Bldg 
P-10, room C201, to make arrangements concerning your military pay. 

9.  You have the right to submit statements in your own behalf.  Any statements you want the separation authority to 
consider must reach me by 1100, 9 5-p 96 
unless you request and receive an extension for good cause shown. 
1 will send them to the separati;n 

autho;ity. 

10.  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.. 

1 1.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as explained in AFI 
36-3208.  A copy of AFI 36-3208 is available for your use in the squadron orderly room. 

Attachments: 
1.  LOR, 29 Mar 96. (UIF) 
2.  LOR,  15 Apr 96. (UIF) 
3.  LOR,  17 Jun 96. (UIF) 
4.  Art  15,23  Aug 96. 



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