t 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

MEMBER SITTING 

I 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

1 

---. 

INDEX  NL'>IBER 

A 13.00 

............................. 
ISSUES  A94.06 
A94.56 
A92.18 
A93.12 

HEARING DATE 

04 Jun 2004 

CASE NUMBER 

FD-2004-00096 

Case heard at Washington, D.C. 

1 
2 
3 
4 

I 

ORDER APPOINTING THE BOARD 
APPLICATlON  FOR REVIEW OF DISCHARGE 
LETTER OF NOTlFICATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDlTlONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

ANDREWS AFB, MD 20762-7002 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2004~00096 

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:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the characterization of service inequitable. 

ISSUE:  After  a  thorough  and  complete  consideration  of the  information  submitted by  the  applicant  and 
contained  in the records, the Board concluded there was sufficient mitigation to substantiate upgrade  of the 
discharge.  Specifically, the  Board  found  the  characterization  too harsh.  However, they  did  not  condone 
applicant's 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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by an Honorable discharge.  The applicant's  characterization 
of service should be changed to Honorable 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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Incirlik AB, Turkey on 14 Dec 
95 UP AFI 36-3208, paragraphs 5.65 &  5.50.4 (Exceeding Body Fat Standards & 
Failure to Pay Just Debts).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jan 69. Enlmt Age: 21 0/12.  Disch Age: 26 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-83,  G-78,  M-92. PAFSC: 1C151 -  Air Traffic Control 
Journeyman. DAS: 1 Nov 93. 

b.  Prior Sv: (1) AFRes 1 Feb 90 -  29 Mar 90 (1 month 29 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 30 Mar 90 for 6 yrs. Svd: 5 Yrs 8 Mo 15 Das, all AMS 

b.  Grade Status:  SrA -  15 Sep 92 
A1C -  15 May 90 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 15 Mar 95, Incirlik AB, Turkey -  Article 134.  You did, 

between on or about 29 Dec 1994 to on or about 13 Jan 
95, make and utter to 39 CPTS/FMFD, 10 checks in words 
and figures of a total of $1,785.00, for lawful currency 
or other things of value, and did thereafter 
dishonorably fail to maintain sufficient funds in the 
-Federal 
Credit Union, Biloxi, Mississippi for 
payment of such checks in full upon their presentment 
for payment.  Suspended reduction to AlC, and 14 days 
extra duty. (No appeal)  (No mitigation) 

e.  Additional: AF FORM 108, 10 OCT 95 -  Fifth unsatisfactory weigh-in. 

LOR, 21 AUG 95 -  Failure to pay just debts. 
LOR, 12 JUN 95 -  Unsatisfactory weigh-in. 
LOR, 16 MAY 95 -  Unsatisfactory weigh-in. 
AF FORM 393, 30 NOV 94 -  Unsatisfactory weigh-in. 
LOR, 07 SEP 94 -  Late for official monthly weigh-in, and 

unsatisfactory weigh-in. 

f.  CM:  None. 

g.  Record of SV: 30 Mar 90 -  11 Apr 92  RAF Upper Heyford  4  (Initial) 

12 Apr 92 -  11 Apr 93  RAF Upper Heyford  4  (Annual) 
12 Apr 93 -  11 Apr 94  Incirlik AB 
4  (Annual) 

12 Apr 94 -  11 Apr 95  Incirlik AB 

2  (Annual) REF 

FD2004-00096 

h.  Awards &  Decs:  AFAM W/1 OLC, JMUA, AFOUA W/2 OLCS, AFGCM, NDSM, SWASM 

W/1 BS, AFOSSTR, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (10) Mos  (14) Das 

TAMS:  (5) Yrs  (8) Mos  (15) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5 Mar 04. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was for Weight Management issues and was not related 

to a previous Article 15. 

Issue 2:  My discharge did not accurately reflect my entire service records. 

Issue 3:  Statements made by Squadron Commander were not taken into 

consideration. 

ATCH 
1. Written Statement. 
2. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

39TH WING (USAFE) 

MEMORANDUM FOR SrA 

FROM: 39 OSSICC 

SUBJECT:  Notification Memorandum 

3  u  I@ 

I am recommending your discharge from the United States Air Force for exceeding body fat 
standards and dishonorable failure to pay just debts.  The authority for this action is AFPD 36- 
32 and AFI 36-3208, paragraphs 5.65 and 5 S0.4.  If my recommendation is approved, your 
service will be characterized as honorable or general.  I am recommending that your service be 
characterized as general (under honorable conditions). 

My reasons for this action are: 

On 10 Oct 95, failed to maintain satisfactory progress on the Weight Management 

Program (WMP).  This was your fifth unsatisfactory weigh-in. 

On 8 Jun 95, failed to maintain satisfactory progress on the WMP.  This was your fourth 
unsatisfactory weigh-in.  For this action you  received a letter of  reprimand and placement on 
the control roster. 

On 8 May 95, failed to maintain satisfactory progress on the WMP.  This was your third 

unsatisfactory weigh-in.  For this action you received a letter of reprimand. 

On 30 Nov 94, failed to maintain satisfactory progress on the WMP.  This was your 

second unsatisfactory weigh-ih. 

On 1 Sep 94, failed to maintain satisfactory progress on the WMP.  This was your first 

unsatisfactory weigh-in.  For this action you received a letter of reprimand. 

On  15 Mar 95, you received an Article 15 for failing to maintain sufficient funds in your 

checking account. 

On 21 Aug 95, failed to pay a just debt.  For this action you received a letter of reprimand 

which was added to your existing unfavorable information file (UIF). 

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. 

You have the right to consult counsel.  ~ i l i t a r ~  

legal counsel has been obtained to assist you. 

I have made an appointment for you to consult Capt 

t Bldg 885 on  5 WLL -  at 

eqm 

hrs.  You may consult civilian counsel at your own expense. 

You have the right to submit statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  6 ~ ~ 9 5  
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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. 

You have been scheduled for a medical examination.  You must report to 39 MDG Physical 

Exams at 0730 hrs on  b- 

3\  o  cT 

for the examination. 

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 @e Base Information Library. 

Commander