1. 

9 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIHSI. MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANJZAIION 

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X 
ADDRFSS AND OR ORGANIZATION  OF  COUNSLI. 

RECORD REVIEW 

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MEMBER SITTING 

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1  1  I  ORDER APPOWITINC; 'I'HF. HOAR11 
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APPI.ICATJON  FOR REVIEW OI:  1)ISCllAUGE 
I.ETTER  OF NOTIFICATION 
HRlEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO '1'1-lE UOAKD 
ADDITIONAL EXIlII3I'l'S SIIHMl'fTEII AT TIME CIF 
PERSONAL APPEARANCE 

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TAPE RECOKDING  OF IiERSONAl. APPEARANCE 

1  29 Jun 2004 

CASE NUMRER 

(  FD-2004-00130 

I 

1 

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1 

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APPLICANT% ISSUE AND THI? BOARD'S  DECISIONAL RATlONN  ARE DISCUSSED ON 'I 11F 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 appcarance with/without  counsel, and the right to 
submit an application to the AFRCMR 

1  '* 

SAFNRBR 
550 C STREET WEST, SIJlTE 40 
KANDO1,PH AFB, TX 781 50-4742 

FROM: 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOAKD 
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 

AIR FORCE DISCHARGE REVIEW BOARD DECTSIONAL RhTIONA1,E 

CASE NUMBER 

FD-2004-00130 

GENERAL:  The applicant appeals for upgradc 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 brier contains available pertinent data on the applicant and the fiictors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

ISSUE:  Applicant  does not  contest his discharge.  He statcs that because  of outsourcing, company closing 
and reduced  income from his job,  he would  like to  receive the G.T. Bill  benefits.  The records indicated the 
applicant  received  an Article  15, five Letters  of Reprimand,  a Letter of Counseling, and  a  Vacation  action 
under  the  UCMJ.  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 round to bc appropriate.  The applicant cited his desire to receive the G.I. Bill benefits as 
justification  for upgrade.  The DRB noted  that  when  the  applicant  applied  for these  bcnefits,  he  signed  a 
statement  that  he  understood  he  must  receive  an  Honorable  discl~arge to  receive  li~ture educatiorlal 
entitlements.  The  Board  was  sympathetic  to  the  impact  the  loss  of  these  benefits  was  having  on  thc 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  rcquirements  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 thc foregoing findings the Board  hrther 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 

ANDREMS AFB, MD 

(Former A1C)  (HCH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Pope AFB, NC on 21 Jun 91 UP 
AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Dec 58;  Enlmt Age:  2 7   1/12.  DischAge: 32 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-62,  G-88,  M-30. PAFSC: 90650 -  Medical Administrative 
Specialist. DAS: 22 Dec 8 6 .  

b.  Prior Sv: (1) AFRes 22 Jan 86 -  14 Aug 96 (6 months 24 days) (Inactive) . 

9 days, all AMS.  SRA  -  15 DEC 8 8 .   SGT -  Unknown.  APRs: 9 , 9 .   E P R s :   4. 

(2) Enlisted as A1C 15 Aug 86 for 4 yrs.  S v d :   3 yrs 5 months 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as Sgt 25 Jan 90 for 6 yrs. Svd: 4 Yrs 10 Mo 7 Das, all AMS. 
b.  Grade Status:  A1C -  19 Feb 91 (Vacation of Article 15, 10 Jan 91) 

SrA -  8 Jan 91 (NCO Status Vacated) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Jun 91, Vacation, Pope AFB, NC -  Article 121.  You 
did, on or about 10 May  90 thru 20 Feb 91, wrongfully 
appropriate Basic Allowance of Subsistance (BAS), of a 
value of about $1,677.36, the property of the United 
States Air Force.  Reduction to A l C .   (No appeal)  (No 
mitigation) 

(2) 19 Feb 91, Pope AFB, NC -  ~rticle 92.  You, knowing of 
your duties at Pope AFB, NC, on or about 4 Feb 91, were 
derelict in the performance of those duties in that you, 
by culpable inefficiency, failed to perform properly as 
Customer Account Representative, as it was your duty to 
do, by failing to verify requests for new forms with the 
appropriate indexes, improperly reducing PFE manual 
requirements, and mixing forms request with publications 
requests.  Suspended reduction to AlC, and foreiture of 
$50.00 per month for one month.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 08 JAN 91 -  Dereliction of duty. 

LOR, 02 JAN 91 -  Failure to obey a lawful order 

LOR, 0 2   JAN 91 -  Failure to obey a lawful order 
LOR, 24 OCT 90 -  Failure to obey a lawful order 
LOR, 18 SEP 9 0 . -   Dereliction of duty. 
LOCI 09 MAY 90 -  Unsatisfactory Performance. 

f .  CM:  None. 

g.  Record of SV: 1 Feb 90 -  9 Jan 91  Pope AFB  2  (Cmdr Dir)REF 

h.  Awards &  Decs:  AFTR, NCOPMER, AFLSAR, NDSM, AFOUA ~ / 1  OLC, EMB. 

i.  Stmt of Sv:  TMS: (5) Yrs  ( 5 )   Mos  (0) Das 

TAMS:  (4) Yrs  (10) Mos  (7) Das 

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

(Change Discharge to Honorable.) 

Issue 1:  Due to outsourcing, company closing, reduced income Chapter 7 

Bankruptcy processing/researching alternatives would like upgrade since my 
educational benefits to Montgomery G.1. Bill as participant I paid into while on 
Active Duty service.  Thank you. 

ATCH 
1. U.S. Senate Correspondence. 

DEPARTMENT OF THE AIR  FORCE 

UNITED STATES AIR FORCE CLINIC, POPE (MAC) 
POPE AIR FORCE BASE. NORTH CAROLINA 28301-5300 

A ~ N O F :   SGQ 

suaJEcT:  Notification Letter 

12 Jun 91 

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

2.  My reasons for this action are: 

a.  On 9 May 90 it was discovered that you had made  several errors in 
your management of the unit  forms and publications program  for which you 
received a letter of counseling from your supervisor. 

b.  On 19 Sep 90 you failed an inspection of the unit publications file 

and received a letter of reprimand from your supervisor. 

C .  

On  22  Sep  90 you  were  apprehended  by  the  Cumberland  County 

Sheriff's  Department  for  driving  while  intoxicated,  speeding  to  elude  . 
arrest, failure to stop for blue lights, and assault with a deadly weapon. 
You received a letter of reprimand from the squadron section commander and 
an unfavorable  information file was  established.  You were  convicted of 
impaired driving in civil court on 22 Jan 91 in relation to this incident. 
You received a sentence of imprisonment for 90 days in the North Carolina 
Department of Correction (which was suspended and you were  given one year 
of unsupervised probation),  were fined $250.00, and required to complete 48 
hours of community service.  A  copy of this conviction was  added  to your 
unfavorable information file. 

d.  On 22 Oct 90 you failed to accomplish specific tasks as directed by 
your  supervisor  and  received  a  letter  of  reprimand  from  the  squadron 
section commander. 

e.  On  30  Oct  90 you  attempted  to  mail  a  personal  package  using 
official  mail  procedures;  and  disobeyed  a  lawful  order  from  the  first 
sergeant  to  turn  in  your  AF  Form  2293,  USAF  Motor  Vehicle  Operator 
Identification Card on 17 Dec 90.  You received two  letters of reprimand 
from the squadron section commander for these offenses on 2 Jan 91.  Both 
items were added to your existing UIF; and you were placed on the control 
roster  for  six  months  on  7 Jan  91  for  continued  substandard  duty 
performance. 

f.  On 3 Jan 91 you failed to  carry  out your  assigned  duties, and 
received a letter of reprimand from the squadron section commander.  This 
also was placed  in your UIF, and your noncommissioned  officer  status was 

"PROUD MAC--SUPPORT AMERICA CAN ALWAYS COUNT ON." 

vacated. 

g .   On 4 Feb 91 you were derelict in the performance of your duties, 
and received punishment under Article 15, Uniform Code of Military Justice 
(UCMJ) on 19 Feb 91. 

i.  From  9 May  90 to  20  Feb  91 you  received  basic  allowance  for 
subsistence and had a meal  card.  On 10 Jun 91 the  suspended punishment 
under the 19 Feb  91 Article  15 was vacated, and you were  reduced to  the 
grade  of A1C  for violating  Article  121, UCMJ, Larceny  and  wrongful 
appropriation. 

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. 

3.  You  have  the  right  to  counsel,  Military  legal  counsel  has  been 
obtained to assist you.  1 have made an appointment for you to consult- 
m a
counsel at your own expense. 

 Bldg 344 on 13 Jun 91 at 0900 hours.  You may  consult civilian 

t

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 
20 Jun 91 unless you request and receive an extension for good cause shown, 
I will send them to the separation authority. 

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 
Bldg  305, Physical  Examinations  Section, at  0715  on  14 Jun  91  for  the 
examination. 

7.  Any  personal  information you  furnish in rebuttal is  covered  by  the 
Privacy Act Statement as explained in AFR  39-10, attachment 6.  A copy of 
AFR 39-10 is available for your use in Bldg 305, Orderly Room. 

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

Commander, Medical Squadron Section 

12 Atch: 
1.  LOG, dtd 9 May 90 
2.  LOR, dtd 19 Sep 90 
3.  LOR, dtd 25 Sep 90 
4. Record of civilian conviction 

dtd 22 Jan 91 

5.  LOR, dtd 24 Oct 90 
6 .   LOR, dtd 2 Jan 91 
7.  LOR, dtd 2 Jan 91 
8.  LOR, dtd 8 Jan 91 

9.  AF  Form  418, dtd 8  Jan  9 1  
10.  AF  Form 3070,  d t d   19 Feb  9 1  
11.  AF  Form  3 6 6 ,   d t d   10  Jun  9 1  
1 2 .   Airman's  receipt  of notificat- 

ion letter