- AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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ISSUES A94.06 INDEX NUMBER A67.10 ART
A92,22 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER

 

 

 

 

  

 
 

09 Nov 2004 FD-2004-00344

AP ARE DISCY

 

7 ECISIONAL F

  

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

 

 

 

FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: “DE : AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EK WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2004-00344

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant appeared before the Discharge Review Board (DRB) with council, seitldliijiagie. of the
American Legion, on 9 November 2004,

The applicant submitted the following additional documents:

Exhibit 6: Character Letter, 25 Oct 04, from

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 applicant’s discharge inequitable.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was based on one isolated incident and too
harsh. The records indicated the applicant received an Article 15, one Letter of Reprimand, and one
Memorandum for Record for misconduct.

Issue 2. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. The Board concluded the discharge was inequitable
for the reasons which were the basis for this case.

Issue 3. 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 benefits, he signed a statement (DD Form 2366, on
September 7, 1996) that he understood he must receive an Honorable discharge to receive future educational
entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the
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 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 under the provisions of Title 10,

USC 1553.

Attachment:
Examiner’s Brief
FD2004-00344
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

 
 

(Former AMN) (HGH Aic}

nen. MISSING MEDICAL RECORDS

 

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Bolling AFB, BDC on 28 Dec 98
UP API 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals

for Honorable Discharge.

2. BACKGROUND:

a. DOB: 19 Nov 75. Enlmt Age: 20 7/12. Disch Age: 23 1/12. Educ: HS PIPL,

AFOT: N/A. A-79, E-88, G-74, M-87. PAFSC: sGo00 - USAF Honor Guard.
DAS: 11 Nov 96.

b. Prior Sv: (1) AFRes 12 Jul 96 - 24 Sep 96 (2 months 13 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 25 Sep 96 for 4 yrs. Svd: 2 Yrs 3 Mo 5 Das, all AMS.
b. Grade Status: Amn - 29 Apr 98 (Article 15, 29 Apr 98)

c. Time Lost: None.

d. Art 15’s: (1) 29 Apr 98, Bolling AFB, DC - Article 92. You, who knew
of your duties, on or about 13 Mar 98, were derelict in
the performance of your duties by failing to refrain
from providing alcoholic beverages to persons under 21
years of age, and failing to refrain from consuming
alcoholic beverages while on duty and in a government
owned vehicle, as it was your duty to do. Reduction to
Airman, and a reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 20 NOV 98 - Failure to go.

MFR, 20 FEB 98 ~ Unsatisfactory performance while marching,
disrespectful behavior towards higher
ranking individuals, and insubordination.

EF. CM: None.
g- Record of SV: 25 Sep 96 - 24 May 98 Bolling AFB 3 (Initial) REF
h. Awards & Decs: AFOUA, AFTR.

i. Stmt of Sv: TMS: (2) Yrs {5) Mos (17) Das
TAMS: (2) Yrs {3) Mos (5) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293} dtd 23 Aug 04.
FD2004-00344

(Change Discharge to Honorable)

issue 1: My discharge was inequitable because it included one isolated
Article 15 with two MFR's that were incorrect & unjustly given by the Airman in
question. The LOR was also unjust and was not investigated fairly. These
uninvestigated and onesided statements (except Article 15) were not just reason
for anything less than an Honorable discharge.

ADDITIONAL ISSUES ATTACHED TO BRIEF.

ATCH

Additional Issues.

DD Form 214, Army National Guard.

Notification of Administrative Separation Action.
Three Personal Statements.

Notification Memorandum, 4 Dec 98.

Memo For Record, 30 Oct 98.

Rebuttal for Letter of Reprimand.

“TMU PW NH

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Fp 2804-00 39
DEPARTMENT OF THE AIR FORCE
11TH WING

 

  
 
 
 

MEMORANDUM FOR #=aiiillg@itie

Co oe
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FRON: pean
50 Duncan Avenue
Bolling AFB, DC 20332-0203

 

SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208,
paragraph 5.49. If my recommendation is approved, your service will be characterized
as honorable or general. | am recommending that your service be characterized as

general without probation and rehabilitation.

2. My reasons for this action are:

a. On or about 20 February 1998, you derelict in the performance of your duty, to
wit: laughing and talking while in formation during an inspection. For this misconduct,
you received a verbal counseling as documented by a Memorandum for Record,

dated 20 February 1998 (Atch 1).

b. On or about 13 March 1998, you were derelict in the performance of your duties
by failing to refrain from providing alcoholic beverages to persons under 21 years of
age, and failing to refrain from consuming alcoholic beverages while on duty and ina
government owned vehicle, as it was your duty to do. For this misconduct, you
received nonjudicial punishment under Article 15, UCMJ, dated 29 April 1998 (Atch 2).

c. On or about 29 October 1998, you failed to go at the time prescribed to your
appointed place of duty, to wit: 0500 fallout. For this misconduct, you received a
verbal counseling as documented by a Memorandum for Record, dated 30 October

1998 (Atch 3).

d. On 29 October 1998, you failed to go at the time prescribed to your appointed
place of duty, to wit: Ceremonial Commitments. For this misconduct, you received

a Letter of Reprimand, dated 20 November 1998 (Atch 5).

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 discharge or retained in the Air Force.
[f you are discharged, you will be ineligible for reenlistment in the Air Force and any
special pay, bonus, or education assistance funds may be subject to recoupment.

WORLD-CLASS PEOPLE - WORLD-CLASS SUPPORT
pp Zor CO BSF

4, You have the right to counsel. Military legal counsel has been obtained to assist
you. | have made an appointment for you to consult the Area Defense Counsel, Bidg

1430, Andrews AFB MD., (240) 857-6624 on 9 December 1998, at 0900 hours. You
may consult civilian counsel at your own expense.

5. You have been scheduled for a medical examination. You must report to the Bolling
AFB Clinic, Annex Bldg 17, at 0900 hours on 8 December 1998 for the examination.

6. You have the right to submit a statement on your own behalf. Any statements you
want the separation authority to consider must reach me within 3 duty days of receipt of
this notification, unless you request and receive an approved extension. | will send any

documents you submit to the separation authority.

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

8. Any personal information you furnish in rebuttal is covered by tle Privacy Act of
1974. Acopy of AF! 36-3208, is available for your use in your orderly room.

f

   

 

Attachments:

1. Memorandum for Record, 20 Feb 98

2. Record of Nonjudicial Punishment Proceedings
(3 pgs), 29 Apr 98

3. Memorandum for Record (3 pgs), 30 Oct 98

4. Letter of Reprimand, 20 Nov 98