- 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  /  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DlSCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

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

HEARING DATE 

15 Sep 2004 

CASE NUMBER 

FD-2004-00150 

I 

I Case heard at Washington, D.C. 

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. 

f SIGNATURE OF RECOR 

.R 

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

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AlR FORCE DISCAARGE REVIEW BOARD 
153SCOMMAND DR  EE WIWG. 3RD FLQOR 
A N D R E W S  AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

1 

I 

4IR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I CASL NUMtlOK 

FD-2004-00150 

;ENERAL:  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 
:xercise 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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
ifter a thorough review of the record, the Board was unable to identify any that would justify  a change of 
lischarge. 

[SSUES.  Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant 
-eceived two Articles 15, and one traffic ticket.  His offenses included speeding on base, abusing his 
government travel card, and making a false official statement.  At the time of the discharge, member 
:onsulted  counsel and requested to be retained, or in the alternative, to be given an honorable discharge.  In 
response to each of the Article 15s, member admitted his wrong-doing and apologized for his behavior.  At 
the time of the discharge, he further asserted that his offenses did not rise to the severity of warranting a 
discharge.  The discharge authority did not agree.  The DRB opined that through the unit's administrative 
~ t i o n s ,  the applicant had the opportunity to change his negative behavior but failed to do so.  The Board 
zoncluded the misconduct was a significant departure from conduct expected of all military members, and 
the characterization of the discharge received by the applicant was thus appropriate. 

CONCLUSIONS:  The  Discharge Review  Board  concludes that  the  discharge  was  consistent  with  thc 
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 foj 
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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Seymour Johnson AFB, NC on 31 
Oct 94 UP AFR 39-10, para 5-47b (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Mar 68.  Enlmt Age: 21 0/12.  Disch Age: 26 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-21,  E-50,  G-41,  M-78. PAFSC: 2P051 -  Precision Measurement 
Equipment Laboratory Journeyman. DAS: 25 Nov 93. 

b.  Prior Sv:  (1) AFRes 5 Apr 89 -  16 Nov 89  (7 months 12 days) (~nactive) . 

for 11 months.  Svd: 3 yrs 3 months 6 days, all AMS.  AMN -  Unknown.  A1C -  17 
Mar 91.  SrA -  17 Nov 92.  EPRs: 5 , 3 .  

(2) Enlisted as AB 17 Nov 89 for 4 yrs.  Extended 26 Oct 92 

3.  SERVICE UNDER REVIEW: 

eenlisted as SrA 24 Feb 9 

b.  Grade Status:  AB -  5 Oct 94 (Article 15, 5 Oct 94) 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 5 Oct 94, Seymour Johnson AFB, NC -  Article 92.  You, 

having knowledge of a lawful order issued by your former 
commander, 
use your American Express Government Card only for 
official government business, dated 28 Mar 94, an order 
which it was your duty to obey, did, between on or about 
1 Jun 94 and 15 Sep 94, fail to obey the same by 
wrongfully misusing the government credit card to rent 
an automobile for your personal use.  Reduction to AlC. 
(No appeal) (No mitigation) 

to wit: Order to 

(2) 6 May 93, RAF  Upper Heyford, UK -  Article 107.  You, 

di 
to 
th 

, with intent to deceive, make 
an official statem 
ltercation between 

---- - 

rl*.-.-mTiT-.- 

-- -  -r--- 

statement was totally false, and was then  nown by you 
to be false.  Forfeiture of $100.00 pay pet month for 2 
months and 3 0 days extra duty.  (No abpkal)  (No 
mitigation) 

i 
2 

e.  Additional: Traffic Ticket, 12 Mar 94 -  Speeding. 

f.  CM:  None. 

g.  Record of SV: 1 Jun 92 -  31 May 93  RAF Upper Heyford  3  (Annual) 

h.  Awards &  Decs:  AFOUA W/1 OLC, AFGCM, NDSM, AFOSLTR, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS:  ( 5 )   Yrs  (6) Mos  (27) Das 

TAMS: (4) Yrs  (11) Mos  (15) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Feb 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

. . 
DEPARTMENT  OF THE AIR  FORCE 

HEADQUARTERS 4TH WING  (ACC1 

SEYMOUR JOHNSON AIR  FORCE BASE NC 

FOR 

FROM:  4 CRS/CC 

SUBJECT:  Notification Letter 

1 3  OCi  1994 

1.  I am recommending your discharge from the United States Air Force for 
a pattern of misconduct, specif ical ly, conduct pre judical to good order 
and discipline.  The authority for my recommendation is AFR 39-10, paragraph 
5-47b.  If my recommendation is approved, your service will be characterized 
as honorable or general.  I am recommending your service be characterized as 
genera 1. 

2.  My reasons for this action are: 

a.  On or about 16 Ap 
made false statements to 
n which took p 
as evidenced 

rd, Oxfordshire, UK. , you 

b.  On or about 12 Mar 94, you operated a motor vehicle on base at a 

speed* 20 mi Tes per hour greater than the posted speed 1 imit, as evidenced by 
an Armed Forces Traffic Ticket dated 12 May 94, and a  Suspension of Driving 
Privileges letter dated 18 Apr 94 (atch lb). 

c .   Between on or about 1 Jun 94 
sobeyed a 
Jawf u 1 order by your former commander 
by using your 
American Express Government Card for 
t official 
business, as evidenced by an Article 15 dated  / /  O c r   qef  , with supporting 
documents (atch lc) . 
3.  You have the right t d   consult coinsel. -  Military legal counsel has been 
obtained to assist you.  1. have made an app0intmen.t fbr you to consult the 
, in bldg 
Area Defense Counsel, duty phone 5336, on  - 
3601.  You may consult civilian counsel at your own expense, 

at 

4 

& 

4.  You have the right to submit statements in your own behalf.  Any 

authority to consider must reach me by 
unless you request and receive an extension for 
send them to the separation authority. 

5.  If you fail to consult counsel or submit statements in your own behalf, 
your failure will constitute a waiver of your right to .do so. 

You have been scheduled for a mandatory medical .examination.  You were 

6. 
previously ordered to report for a medical examination at the Physical 
Examination Section, 4 Medical Group, Seymour Johnson AFB,  at 0700 hours on 
28 Sep  94. 

7.  You have been scheduled for a mandatory Transition Assistance Program 
briefing.  Report to the Family Support Center at 1330 on .ll Oct  94 

8.  Any personal information you furnish in-"i-ebuttal is covered by the 
Privacy Act, as explained in AFR  39-10,  attachment 2.  A copy of AFR  39-10  is 
available for your use in the Orderly Room. 

Attachments: 
1.  Supporting documents: 

a.  Article 15,  6 May 93 
b.  Armed Forces Traffic Ticket, 
12 Mar 94,  and a Suspension 
of Drivers Privileges  18 Apr 94 

, w i t h 

c.  Article 15,  6 

supporting documents 

2.  Airman's Receipt of Notification