A 

'-NAME,,OF  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

INDEX NUMBER 

HEARING DATE 

1  19 May 2004 

I 

CASE NUMBER 

I  FD-2004-00067 

Case heard at Washington, D.C. 

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 
I I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

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

SAFMRBR  w 

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

TO: 

I 

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

I 
(EF-V2) 

Previous edition will be used 

1 
I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00067 

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 1.  Applicant infers discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Articles 15, two Letters of Reprimand, an Administrative Reprimand, and had an 
Unfavorable Information File, and was placed on the Control Roster due to misconduct.  His infractions 
included driving on a suspended license, writing five bad checks to the Defense Accounting and Finance 
System totaling $710.00 while deployed to Southwest Asia, failing to pay a just debt, failure to go to 
scheduled training, using his government travel card for unofficial purposes, and failing to pay the resultant 
balance.  Additionally, member had three Enlisted Performance Reports during the enlistment in question, 
one rated an overall "3" and the other two both rated overall "2" referrals.  These reports detailed member's 
financial irresponsibility and unsatisfactory progress in the Weight Management Program.  Applicant 
contends his financial problems while overseas were due to his wife having withdrawn funds from their 
account due to a family emergency, a condition applicant was unaware of when he wrote the bad checks.  He 
further contends those debts were all paid before the deployment ended.  With regard to the government 
travel card abuse, applicant contends he remained an additional day in his TDY location and used the card 
for gasoline, although his reply to the Article 15 at that time indicated he was having financial difficulties 
due to a pending divorce.  In view of the pattern of misconduct over a 16-month period, the DRB could not 
substantiate applicant's contentions at this time and opined that through the administrative actions, the 
applicant had ample opportunities to change his negative behavior.  Applicant's personal problems did not 
appear to be any different or more significant than those endured by other service members who adhere to 
the standards expected of them.  Thus the Board found them of insufficient mitigation or extenuation to 
warrant an upgrade.  The Board concluded the misconduct was a significant departure from conduct 
expected of all military members and the characterization of the discharge received by the applicant was 
found to be appropriate. 

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job and is serving his country as a DoD contractor overseas.  However, this 
accomplishment does not directly pertain to his period of service or offer a basis of inequity or impropriety 
on which to grant an upgrade.  The Board concluded applicant's misconduct appropriately characterized his 
term of service. 

If he can provide additional documented information to substantiate his issues, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise this 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 SRA)  (HGH SRA) 

FD2004-00067 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Eglin AFB, FL on 11 Aug 98 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND : 

a. DOB: 12 May 74.  Enlmt Age: 18 3/12.  Disch Age: 24 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-70,  G-48,  M-60. PAFSC: 2A351C -  F-15 Avionic Systems 
Journeyman. DAS: 23 Aug 96. 

b.  prior Sv: (1) AFRes 21 Aug 92 -  27 Sep 92 (1 month 7 days) (Inactive). 

23 days, all AMS.  AMN -  Unknown.  A1C -  28 Jan 94.  SrA -  28 Sep 95.  EPRs: 3,3. 

( 2 )   Enlisted as AB  28 Sep 92 for 4 yrs.  Svd: 3 yrs 2 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 22 Dec 95 for 4 yrs. Svd: 2 Yrs 7 Mo 20 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 16 Jun 98, Eglin AFB, FL -  Article 134.  You, did, 

within Southwest Asia, from on or about 10 Feb 98 to on 
or about 21 Mar 98, make and utter to DFAS-LI DSSN6671 a 
certain check, in words and figures as follows, to wit: 
check# 234, 10 Feb 98 for $60.00, check# 240, 26 Feb 98 
for $200.00, check# 244, 6 Mar 98 for $200.00, check# 
245, 14 Mar 98 for $100.00, and check# 250, 21 Mar 98 
for $150.00, for the purpose of obtaining cash, and did 
thereafter dishonorably fail to maintain sufficient 
funds in the Eglin Federal Credit Union for payment of 
such check in full upon its presentment for payment. 
Suspended reduction to AlC.  (No appeal) (No mitigation) 

(2) 10 Apr 97, Eglin AFB, FL -  Article 92.  You did, within 
the state of Alabama, on divers occasions, from about 24 
Nov 96 to about 25 Nov 96, fail to obey a lawful general 
instruction, to wit: AFI 65-104, paragraph 4, dated 1 
May 96, by using your government travel charge card to 
make purchases for other than official government travel 
expenses.  You, did, at Eglin AFB, FL, from on or about 
2 Jan 97 to about 25 Mar 97, violate a lawful general 
instruction, to wit: AFI 65-104, paragraph 22, dated 1 

May 96, by wrongfully failing to pay the balance on 
your government travel charge card so that the account 
became delinquent.  Suspended reduction to AlC, 45 days 
extra duty, and a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 04 NOV 97 -  Financial irresponsibility. 

LOR, 17 OCT 97 -  Missed appointment. 
AR,  13 MAY 97  -  Traffic ticket for operating a vehicle 

with a suspended driver's license. 

f.  CM:  None. 

g.  Record of SV: 28 May 95 -  27 May 96  RAF Lakenheath  3  (Annual) 

28 May 96 -  27 May 97  Eglin AFB  2  (Annua1)REF 
28 May 97 -  06 May 98  Eglin AFB  2  (CR0)REF 

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

i.  Stmt of Sv:  TMS: ( 5 )  Yrs  (11) Mos  (22) Das 
TAMS: (5) Yrs  (10) Mos  (15) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Feb 04 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
None. 

7.  SUPPORTING DOCUMENTS (X as awiwbh?) (please pint name and Social Seem Number on each dbcurnent) 
- 

WILL NOT BE SJBMIlTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE USTED BELOW AND ARE ATTACHED TO MIS APPLICATION:  (C&M 

on 8 fl8b-J  shrrt of papw if mwc Spscr h needed.) 

a.  DOCUMENT 1: 

b.  WCOMEM 2: 

~ o - $ ; v \ u ~ - ) ~ o n  04 m-+eh 

t 

8.  ISSUES 

The Board will consider any issue submitted by you prior to dosing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a bask for upgrading your discharge.  Howwer. the Board is not required to respond in 
writing to Issues of concern to you unless those issues are listed or incorporated by speufic reference below. Carefully read the instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need more space, submit a d d i i d  issues on an attachment. 

I PREVloUsLY SUBMI'fTED AN A P P U C A M  ON (Enter date) 
AND AM  COMPLmffi THS FORM H ORDER TO SUBMIT ADDITIONAL ISSUES. 

- 

.. 

. 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

inpnsonednot m e  than Syean, 

18, Seth 1001, provides that an WvidimIshdbe fdunai?r this title LT 
1 b.  S K ; m m  --------- A ------------- A ----------. 

.--------------------------------------------. 

UPON COMPLETION,  MAL THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

9.  CERTIFICATION 

statement. (US. Code, 
ff both.) 

a.  DATE (YWYMMLW) 

zmq  o z  17 

I 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http:llarba.army.pentagon.mil) 
DD FORM 293,  DEC 2000 

b. 

I 

NAVY& MARINECORPS 

I 
Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

AIR  FORCE 

I 

COAST GUARD 

I 

SAFMIBR 
55BC Street West, Suite 40 
Randolph AFB, TX  781 50-4742 

Commandant (GWPM) 
2100 Second Street,  S.W. 
Washington,  DC  205934001 

Page 2 of 4 Pages 

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. 

That was my second Article  1 5. I received my fist Article 15 in 1996 because I charged about $20.00 to 

my government AMEX card for gasoline one day after the official day my TDY ended so I could get home. 

I spent the night one day longer at Tyndall AFB because I was very tired fiom the previous shift. I was 

stationed one hour driving time at Eglin AFB. I ask that you please consider giving me an Honorable 

Discharge. I really appreciate the time you take in reading my comments and I apologize for not having any 

supporting documentation. I an here in Iraq as a DoD contractor and I will not be home for about a year. 

- _. Thank- you. 

Sincerely, 

DEPARTMENT OF THE AIR  FORCE 

60TH FIGHTER SQUADRON (ACC) 
EGLlN AIR  FORCE BASE,  FLORIDA 

b m c / _ ~ ~ 0 6 7  

MEMORANDUM FOR S

R

A

25  Jun 98 
~

60 FS (ACC) 

FROM:  60 FSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct, 
specifically, Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 
and AFI 3 6-3208, chapter 5, section H, paragraph 5.49.  If my recommendation is 
approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  While in Southwest Asia, from on or about 10 Feb 98 to on or about 21 Mar 98 
you wrote checks in the amount of  $71 0.00 for the purpose of obtaining cash, and did 
thereafter dishonorably fail to maintain sufficient funds in the Eglin Federal Credit 
Union.  For these incidents you received an h c l e  15 dated 22 Jun 98.  Your 
punishment consisted of reduction to the grade of Airman First Class, which was 
suspended until 15 Dec 98, after which time it will be remitted without further action, 
unless sooner vacated and it was added to your Unfavorable Information File (UIF). 

b.  On the 23,24, and 3 1 of Oct 97, you dishonorably failed to pay your debt of 

$122.00 that you had accrued on 9 Oct 97 fiom Panhandle Cash Cow.  For this incident 
you received a Letter of Reprimand dated 4 Nov 97, were placed on a control roster and it 
was added to your UIF. 

c.  On 8 Oct 97 you failed to appear on time for a scheduled appointment for 
Chemical Warfare refresher training, though you had proper notification and were 
afforded every opportunity to comply with this mandatory formation.  For this incident 
you received a Letter of Reprimand dated 17 Oct 97 and it was added to your UIF. 

- 

- 

d.  On or about 24 Nov 96 to about 25 Nov 96, you failed to obey a lawful general 

instruction by using your government travel charge card to make purchases for other than 
official government travel expenses.  Also from on or about 2 Jan 97 to about 25 Mar 97, 
you violated a lawful general instruction by wrongfully failing to pay the balance on your 
government travel charge card so that the account became delinquent,  For these 
incidents you received an Article 15 dated 14 Apr 97.  Your punishmefit consisted of 
reduction to the grade of Airman First Class, suspended until 9 Oct 97, after which time it 

G l o b a l   P o w e r   F o r   A m e r i c a  

/ 

F' 

was to be remitted without further action, unless sooner vacated, and forty-five days extra 
duty and a reprimand and it was added to your UIF. 

e.  On 19 Apr 97, you wee stopped by the Security Police on base for failure to 

maintain lane.  A check of your Colorado license revealed that your license was 
suspended.  Your actions were in violation of Article 92, of the UCMJ, Failure to Obey 
Order or Regulation.  For this incident you received an Administrative Reprimand dated 
13 May 97 and it was added to you UIF. 

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.  Special pay, bonuses, 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 Capt 
at 
building 8, ext. 882-41 85, on  29  Jun  98  at  0930 
civilian counsel at your own expense. 

hours.  You may consult 

5.  You have the right to submit statements in your own behalf.  Any statements you 
want the separation authority to consider must reach me within 3 workdays fiom today 
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 on your own behalf, your failure 
will constitute a waiver of your right to do so. 

7.  You will complete a medical examination with the 96th Medical Group on 

1  Jul 98 

, at 0715 hours. 

8.  You have been scheduled for an appointment with the 96th Mission Support 
Squadron, separations section, on  26  Jun 98 
hours. 

0730 

, at 

9.  You are required to receive a briefing fiom the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 30 at  08 00 

hours. 

. . . 
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"=-" g g  . -10. &y  personal information you fimish in rebuttal is covered by the Privacy Act of 
* - 
1974.  A copy of AFI 36-3208 is available for your use in your unit orderly room. 

**$A- 

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. 

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-- 

Commander, 60 FS 

2 Attachments: 
1.  Supporting Documents 
1 a.  Article 15, dated 22 Jun 98 and UIF 
1 b.  LOR, dated 4 Nov 97 and UIFIControl Roster 
Ic.  LOR dated 17 Oct 97 and UIF 
Id.  Article 15, dated 14 Apr 97 and UIF  , 
le.  AR, dated 13 May 97 and UIF 
2.  Airman's Aclaowledgment