AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AFSN/SSAN
AMN
PERSONAL APPEARANCE
4 RECORD REVIEW
TYPE GEN
aT
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
Case heard at Washington, D.C.
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ISSUES A94.05 INDEX NUMBER A67.10
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
08 Dec 2004 FD-2004-00350
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR
SAF/MRBR
530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1835 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MB 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp_7904-00350
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: Upgrade of discharge is denied.
ISSUE: Applicant does not contest his discharge. The records indicated the applicant received two Article
15s, a Vacation action under the UCMJ, a Letter of Reprimand, a Record of Individual Counseling and two
Memorandums for Record for misconduct. 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 found to be appropriate. The applicant stated he was told his
discharge would automatically be upgraded in six months. The DRB noted the issue was common, the result
of miscommunication. While a discharge may be upgraded after six months, the upgrade is by no means
automatic. A discharge is upgraded only if the applicant and the DRB can establish an inequity or
impropriety took place at the time of discharge. In this case, none was found, so the Board denied the
appeal.
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.
In view of the foregoing findings the Board further 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
FD2004-00350
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
{Former AMN) (HGH AiC}
—_ MISSING MEDICAL RECORDS
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Cannon AFB, NM on 25 Jul 96
UP AFI 36-3208, para 5.50 (Pattern of Misconduct). Appeals for Honorable
Discharge.
2. BACKGROUND:
a. DOB: 17 Nov 73. Enimt Age: 19 7/12. Disch Age: 22 8/12. Educ: HS DIP.
AFOT: N/A. A-34, E-81, G-46, M-75. PAFSC: 2E031 - Ground Radar Systems
Apprentice. DAS: 20 Mar 94.
b. Prior Sv: (1) AFRes 16 dun 92 - 23 Jun 93 {1 yr 0 mos 8 das) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as Alc 24 Jun 93 for 4 yrs. Svd: 3 Yrs 1 Mo 2 Das, ail AMS.
b. Grade Status: AMN - i? Jul 96 (Article 15, 17 Jul 96)
Aic - Unknown.
AMN - 21 Apr 95 (Vacation, Article 15, 5 Oct 95)
c. Time Lost: None.
d. Art 15's: (1) 17 Jul 96, Cannon AFB, NM - Article 92. You, who knew
of your duties, on or about 27 Jun 96, were derelict in
the performance of those duties in that you willfully
failed to adhere to dormitory standards, as it was your
duty to do so. Article 109. You did, on or about 27
Jun 96, willfully and wrengfully damage by pounding
against the wall a telephone receiver, the amount of
said damage being a value of about $100.00, the property
of AT&T. Reduction to Airman. Suspended forfeiture of
$100.00 pay. (No appeal) {No mitigation)
(2) O05 Oct 95, Vacation, Cannon AFB, NM - Article 111.
You, did, operate a vehicle, to wit: a passenger car, in
a reckless manner by driving at a speed at or near 90
miles per hour in a 55 mile per hour zone, at night.
Reduction to Airman. (No appeal) (No mitigation)
(3) 21 Apr 95, Cannon AFB, NM - Article 92. You did,
between on or about 23 Mar 95 and 24 Mar 95, violate a
lawful general regulation, to wit: paragraph 8-20a, AFR
125-37, dated 26 Feb 90, by wrongfully possessing a
firearm in your vehicle. Article 92. You did, on or
FD2004-00350
about 24 Mar 95, violate a lawful general regulation,
to wit: AFR 125-37 and para 8-19b, Cannon Supplement 1,
dated 15 Aug 91, by wrongfully possessing an iliegal
weapon in the dormitory. Article 92. You, who knew of
your duties, on or about 24 Mar 95, were derelict in the
performance of those duties in that you negligently
failed to adhere to dormitory standards, as it was your
duty to do so. Suspended reduction to Airman, and 14
days extra duty. (No appeal) (No mitigation)
e. Additional: LOR, 28 AUG 95 - Failure to comply with applicable dress
and appearance standards, late for work,
and failure to properly complete Career
Development Course(CDC) material ina
timely manner.
MPR, 17 AUG 95 - Failure to properly complete CDCs in a
timely manner.
MFR, 27 JUL 95 - Late for work.
RIc, 15 JUN 95 - Failure to meet dress and appearance
standards.
£. CM: None.
g. Record of SV: 24 Jun 93 - 23 Feb 95 Cannon AFB 3 (Initial)
24 Feb 95 - 23 Feb 95 Cannon AFB 3. ({Annual)
h. Awards & Decs: AFTR, NDSM.
i. Stmt of Sv: TMS: (3) Yrs (1} Mos (2} Das
TAMS: (3) Yrs {1) Mos (2} Das
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