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PERSONAL APPEARANCE 

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MEMBER SITTING 

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ISSUES 

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A94.12 

 

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EXHlBlTS SUBMKITED TO THE BOARD 

ORDER APPOIN'IWG -- TIIF BOARD 

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(  2  1  APPL1C:ATION  FOR  REVIEW OF DISCHARGE 

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LE'I'TER of: NO'I'IFIC:ATION  -- 
BRIEF OF I'ERSONNFL  F1L.F: 
COUNSEL'S RELEASE TC)  THk BOARD 
ADDITIONAL EXHIBITS SCIHM1T"fED AT TIME Of- 
PERSONAI. AF'PI-ARANCE 

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' /  NAME OF SERVICE HEMBKR (LAST, FlKST h1IDDI.B IN11'14L) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  SSGT 

I X  I  RECORDREVIEW 
ADDRESS AND OR OIIGANIZATlnN O F  < OUNSFI. 

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IIEARING  DATE 

CASE NUMBER 

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(  TAPE RECORDING OF PERSONAL APPkARANCF 

20 Jul2004 
APPLICANT'S ISSL2 AND THL BOARD'S DECISIONALRATIONAL ARE DISCUSSED ON  T k E  A'I'TACIlID AlR 1:ORCE DISCHWliE REVIEW BOARD D k C I S I O 3 N  RAIlONALi 

FD-2004-00161 

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1 0 :  

SAFIMRBR 
550 C STREET WEST. SUITE 40 
RANDOI.PI1  AFU, TX 78150-4742 

FROM: 

SECRETARY O F  'THE AlH FORCE PEUSONNEL COIJNCII. 
AIR  FORCE DISCRARGE REVIEW  BOARD 
153s COMMANU DR. EE WING, 3 ~ n  FLOOR 
ANKlREWS  AFB, hfKl 20712-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMKLH 

FD-2004-001hl 

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 discharge is upgraded to Honorable. 

The Board finds that the evidence of rccord  does substantiate an impropriety that would justify  a change of 
discharge. 

ISSUE: The applicant  contcnds  that  his  commander  based  his  decision  solely  on  personal  prejudices  and 
feelings  he  had  toward  the  applicant  and  his  wife.  The  applicant  also  claimed  that  his  commander 
inappropriately  used  hearsay  and  opinion  in  a  letter  wrote  to  the  Medical  Evaluation  Board.  The  Board 
reviewed the entire record and found evidence of an impropriety in this case on which to base an upgrade of 
discharge.  The records indicated the applicant received  two Articles  15, a Letter of Reprimand, and a Letter 
of Individual  Counseling. His misconduct  included  being  unavailable  for recall,  damaging  an AAFES  fuel 
pump nozzle by driving away, inllicting injury to self, feigning illness to avoid duty, and disobeying a lawful 
'I'he  records  indicated  that  the  applicant  was  hospitalized  twice  during  this  time  for  a  period  of 
order. 
approximately  two  weeks each time  for  Major  Ilepression  and  Adjustment  disorder, respectively.  During 
this  time,  the  applicant's  commander  inappropriately  used  hearsay  and  opinion in  a  letter  he  wrote to the 
Medical Evaluation Board. 'The applicant then made an Inspector General complaint against his commander. 
His allegation  of inappropriate use of hearsay and opinion was substantiated by the  Base Inspector  General 
office as evidenced by a letter sent to the applicant by the Wing Commander. The letter was dated on the day 
of the members discharge.  'The Board opined that the commanders arbitrary  and capricious command action 
constituted  a  clear  abuse  of  authority  and  may  have  contributed  to  the  decision  to  discharge  and 
characterization of service. 

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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE A I R   FORCE 

AIR FORCE DISCHARGE REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SSGT)  (HGH SSGT) 

1.  MATTER  UNDER  REVIEW:  Appl recld a  GEN Disch fr Wright-Patterson AFB, OH on 
29 Mar 00 UP AFI 36-3208, para 5.49 [Misconduct -  Minor ~isciplinary 
Infractions).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 8 Sep 70.  Enlmt Age: 20 3/12.  Disch Age: 29 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-72,  G-80,  M-73. PAFSC: 6F071 -  Financial Management 
Craftsman. DAS: 4 Feb 97. 

b.  Prior Sv:  (1) AFRes 31 Dec 90 -  3 Jan 91 (3 days)(Inactive). 

(2) Enlisted as ALC 4 Jan 91 for 4 yrs.  Extended 3 1  Aug 93 
for 11 months.  Extended 8 Mar 94 for 12 months.  Svd: 3 yrs 8 months 21 days, 
all AMS.  SrA -  4 May 9 3 .   EPRs: 5 , 5 , 5 .  

3 .  

S E R V I C E   UNDER  REVIEW: 

a.  Reenlisted as SrA 26 Sep 94 for 6 yrs. Svd: 5 Yrs 6 Mo 3 Das, all AMS. 

b.  Grade Status:  SSgt -  1 Jul 9 6 .  

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Feb 00, RAF Mildenhall, England  -  Article 92.  You, 

having knowledge of a lawful order issued by 

remove your ~ a t t l e  Dress Uniform  (BDU)  shirt, 

'-to 
an order which it was your duty to obey, did, on or 
about 14 Feb 00, fail to obey the same by wrongfully 
refusing to remove your BDU shirt, and stating to 

"I'd rather not", or words to that effect. 

Suspended reduction to SrA, forfeiture of $200.00 pay 
per month for 2 months.  (~ppeal/~enied) (No mitigation) 

(2) 10 Apr 99, RAF  Mildenhall, England -  Article 109.  You 

did, on or about 23 Mar 9 9 ,   wrongfully damage a fuel 
pump nozzle by driving away from the fuel pump with the 
nozzle still attached to your vehicle, the amount of 
said damage being in the sum of about $240.00, the 
property of the Army Air Force Exchange Service (AAFES) . 
Suspended reduction to SrA. (No appeal) (No mitigation) 

e.  Additional: LOR, 16 FEB 00 -  Inflicting injury to self and feigning 

illness to avoid duty and further military 
service. 

LOCI  30 JLJN  98 -  Unavailable for recall. 

f  .  CM:  None. 

g.  Record of SV: 27 Apr 94 -  26 Apr 95  Hurlburt Field  4  (Annual) 
27 Apr 95 -  26 Apr 96  Hurlburt Field  5  (Annual) 
10 Jan 97 -  09 Jan 98  RAF  Mildenhall 9 [Ezlal) 
27 Apr 96 -  09  Jan 97  Hurlburt Field 
10 Jan 98 -  31 Oct 98  RAF  Mildenhall a) (CRO) 
01 Nov 98  -  31 Aug 99  RAF  Mildenhall m ( C R 0 )  

h.  Awards &  Decs:  AFAM,  AFLSAR w/1 DEV, AFTR, AFOSLTR W / l   DEV, NDSM, HSM, 

SAEMR W/DEV, NCOPMER,  AFOUA W/1 DEV,  AFGCM  W/1 DEV. 

i.  Stmt of Sv:  TMS:  (9) Yrs  (3) Mos  ( 4 )   Das 

TAMS:  (9) Yrs  (2) MOS (26) Das 

4 .   B A S I S ~ ~ ~ C E D  

FOR REVIEW:  Appln  (DD Fm 293)  dtd 21 Apr 04. 

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( C h a n g e   Discharge t o  Honorable) 

ISSUES ATTACHED  TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   AF Form 100. 
3 .  DD Form 214 . 
4. Medical Board Review. 
5. AF Form 102. 
6. Commander Directed Investigation. 
7. AF Form 418. 
8. U I F   Summary. 
9 .   Article 15, 1 0   A p r   99. 
1 0 .   BXTRA Receipt. 
11. Enlisted Performance Reports. 
12. Four Letters of Appreciation. 
13 . A w a r d   Nomination. 
1 4 .   Three Certificates of Commendation and Appreciation. 
15. MFR, 15 F e b   00. 
1 6 .   LOR,  15  Feb 00  and Response. 
17. Article 15,  23 Feb 00, Response, and Appeal. 
18. JA Response to Article 15 Appeal. 
1 9 .   Notification Memorandum. 
20. LOCI 30  Jun  9 8 .  
2 1 .   U L F   Summary. 
22. Conditional Waiver of Board Hearing Under AFI 36-3208. 
23. Privacy Act Statement.