AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     

 

     

 

 

  

 

  

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDIF INITIAL) GRADE cecoRcenT
. a eee ee VeANANCE Xx RECORD REVIEW
pCOUNSEL'. |] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING GEN voTHc | OTHER DENY |
x
1
x
* —}
x
x
x
ISSUES age 4g INDEXNUMBER 4 a 1g “geo EXBIBITS SUBMITTER TOcTHI
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
WEARING DATE CASE NUMBER

 

 

 

 

Case heard at Washington, D.C.

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.

Names and votes will be made available to the applicant at the applicant’s request.

 

: DATE: 3/8/2005: |

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SAF/MRBR ; AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MB 20762-7002

 

 

 

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

FD-2004-00413

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 Board finds that there was an impropriety which justifies a change in the characterization of the
applicant’s discharge.

ISSUE: The records indicated the applicant received three Letters of Reprimand and one Letter of
Counseling for misconduct. The misconduct included missed mandatory formation, failure to go, failure to
obey an order, and late for duty. The applicant’s misconduct occurred on 5, 7, 8 and 9 April 1996,
respectively. On 10 April 1996, he was served with three Letters of Reprimand and one Letter of
Counseling for these incidents. Without any further misconduct, he was notified of his impending discharge
on 15 May 1996. According to AFI 36-3208, paragraphs 5.2.1. and 5.2.1.5., airmen should be given an
opportunity to overcome deficiencies before a commander recommends discharge for minor disciplinary
infractions. The Board opined that it appears that the command gave the applicant no opportunity to be
rehabilitated from the misconduct before initiating discharge action. In fact, the record indicates the
applicant was overcoming the deficiencies as there was no further misconduct noted before initiation of the
discharge action. Therefore, the DRB concluded that the separation authority’s consideration of the
misconduct, in this case, was improper.

CONCLUSIONS: The Board concluded that the applicant’s discharge was not consistent with the
procedural and substantive requirements of the discharge regulation and that the improprieties in this record
require a change to his service characterization. The Board concluded that the applicant’s service is more
accurately reflected by an Honorable discharge, under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2004-00413

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGE SRA}

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Buckley ANGE, CO on 14 Jun 96
UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals
for Honorable Discharge.

2. BACKGROUND;

a. DOB: 19 May 73. Enlmt Age: 19 6/12. Disch Age: 23 0/12. Educ: HS DIPL.
AFOT: N/A. A-72, E-63, G-25, M-51. PAFSC: 1C651 - Space Systems Operations
Journeyman. DAS: 3 Feb 93.

b. Prior Sv: (1) AFRes 10 Dec 92 ~ 215 Dec 92 (6 days} (Inactive).

(2} Enlisted as AlC 16 Dec 92 for 4 yrs. Svd: 3 Yrs 3 Mos 5
Days, all AMS. SYA - 16 Nov 95. EPRs: 4,3. .

ART 15: 4 May 95, Buckley ANGB, CO - Article 92. You, who knew of
your duties, on or about 10 Apr 95, was derelict in the
performance of your duties as a data systems supervisor, in
that you willfully misused the keyboard at your position
contrary to the operations training you previously received,
by randomly hitting the keys causing the keyboard to lock up.
You, a data systems supervisor, having knowledge of a lawful
order issued by QI (2 no Longer
randomly hit keys on the kéyboard at your position, an order
which it was your duty to obey, did on or about 10 Apr 95,
Buckley ANGB, fail to obey the same by willfully hitting the
keys causing the keyboard to lock up. Suspended reduction to
Airman. (Appeal/Withdrawn) (No mitigation)

  
  

 

3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 22 Mar 96 for 6 yrs. Svd: 0 Yrs 2 Mo 23 Das, all AMS.
b. Grade Status: None.
c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 10 APR 96 - Missed mandatory formation.
LOR, 10 APR 96 - Failure to go.
BOR, 10 APR 96 - Failure to obey an order.
Loc, 16 APR 96 - Late for duty.
FD2004-00413

FF. CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR, NDSM, AFOQUA.

Li. Stmt of Sv: TMS: (3) Yrs (6) Mocs (5) Das
TAMS: {3} Yrs {6) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Oct 04.
(Change Discharge to Honorable}

ISSUES ATTACHED TO BRIEF.

ATCH
1, Applicant's Issues.

SDECO4/ia
Form Approved

   

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004

_ {Please read instructions en Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006
The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of infarmation. Send comments regarding this burden estimate or any other espect of this collection of
infermation, inchiding suggestions for reducing the burden, to Department ef Defense, Washington Heedquerters Services, Directorate for Information Cperstions and Reporta {O704-0004),
" $215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, Respandents should be aware that natwithstanding any other provision of law, no person shall be subject to any

penslty for failing to comply with 4 collection of information if it does not display a currently valid OMB control number.
-PLEASE DO NOT RETURN YOUR FORM To THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE..

PRIVACY ACT STATEMENT

 
     
     
      
   
   
   
    

AUTHORITY: 10 U.S,.C.1553; E.0. 9397. ;
PRINCIPAL PURPOSE(S}: To apply for a change in the characterization or reason for military discharge issued to an individual.

   

_ ROUTINE USE(S}: None.

DISCLOSURE: Voluntary; however, failure to provide identifying information ma
Social Security Number is strictly to assure preper identification of the individua

1. APPLICANT DATA (The person whose discharge is to be reviewed), PLEASE PRINT OR CTYPE INFORMATION.

a. BRANCH OF SERVICE (X one! [| [army[ — [mariecores | [Navy | (XX | alk FORCE

i idle. in c. GRADE/RANK AT DISCHARGE fd. SQaay
E- ef 4

7 DTP OPDISCHARGE OR SEPARATION 1 TIO 5. BOARD ACTION REQUESTED (X one?
DATE OL DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (X one} _ BOARD AC (X one
CHANGE TO HONORABLE

years ago, submit a DQ Form 74, HONORABLE
; “— Set GENERAUVUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER HONORABLE
via [mt Af a5 © CONDITIONS

UNDER OTHER THAN HONORABLE CONDITIONS
3. UNIT AND LOCATION AT DISCHARGE OR CHANGE TO UNCHARACTERIZED

SEPARATION BAD CONDUCT /Specia/ court-martial only} {Not applicable for Ar Force}
UNCHARACTERIZED CHANGE NARRATIVE REASON FOR

OTHER /Expiain) SEPARATION TO:
BK _ |
6. ISSUES: WHY AN UPGRADE OR CHANGE I§ REQUESTED AND JUSTIFICATION FOR THE a ‘Continue in Item 14. See rauietlay on Page 3) i
- fefewe Tm EAt¢ leg Fo vihfre MY tahontina} jewelry, hich EL pene
Foe my Setvice which bps rates jo Haokoile Discharge , but bens charg ed 7 |
oe : .. ° . . ~ ‘ tae hy, ey

7. (X # applicable) AN APPLICATION WAS PREVIOUSLY SUBMITEED ON (YYYVMMED) -
AND THIS FORM IS SUBMITTED FO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8, IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUSMITTED AS EVIDENCE: /Continue in item 17. ff military documents er
medical records are relevant to your case, please send copies.) | a i

   

y impede processing of this application, The request for .
and appropriate records.

      
  

  
  

  
 

COAST GUARD

 
 
 
 
 
 
  
  

   

 
 
  

 
   

 
   
 
 
    
  

  

 

                 
       

 

    
 
  

 

 
 

9. TYPE OF REVIEW REQUESTED {X ane)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

SUBMITTED BY ME. 1 AND/OR fcounseltepresentative/ WILL NOT APPEAR BEFORE THE BOARD.
LAND/OR /counselfepresentative! WISH FO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA,
| | | AND/OR {counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
ot have # tra i 2

    
  
 
   

 
   
 

 
 

f

   

enter city and state} INOTE: The Navy Discharge Review Baard doe eling 22
10,.a. COUNSEL/REPRESENTFATIVE (if any) NAME (last, First, Middle initial) AND ADDRESS b. TELEPP ONE N include Area Code}
{See Hem 10 of the instructions about counsel/representative.J ; ie eee

  

 

 

 

d. FAX NUMBER fineiude Area Code}

 

 

 

   

11. APPLICANT MUST SIGN IN FEM 13.8. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF DEATH OR

INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name forint) : and refationship by marking a box below. _

[stb spo Lwinow | twine al - Lvext oF kun | AL REPRESENTATI |. LoTHER sspeci

CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
- (Forward now q y change in address. } ii 5

   
  

 

   
  

  
 

 

   

 

 

  
 

  
 
   
  

    
 

~ “CASE NUMBER’,
{Do not write in this space.}

FP -2004 ~
OO 743

Page 1 of 4 Pages

      
    
  

the foregoing statements, as part of my claim, with full knowledge of the penatties involved for
sta weclaim. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shall be

BP more than 5 years, or both.)
Meerson in ften I7 above) _

13. CERTIFICATION. | make
willfully Peabo! oo

     
   
 

     
 
 

 

  
  
 

b. DATE SIGNED - REQUIRED..

 
 
 

 

PREVIOUS EDITIONS ARE OBSOLETE.
14. CONTINUATION OF ITEM 6, ISSUES fff appiicab/e!

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feew Ups pred, becacse. phe prion Lascphuar y Zu fa pobions thol pere
Zon posed efaw py te were Bave gu, to ble fun Fe Lacioens Hrevolved,

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ie a, : CuppenT EAsChtrze , Che Fo pha focf phat my fits Wr khes
wis hey ona ie. Crhew Z ip aw tilgrace LT ocanir vse iT for Schoo hig. <== =
My Fy Vevoemg he ° LA8C sed Li & he yo Zukwhen MY Ee hoets fibre, QA hen b le ? Kes te tLult /Kege? “

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if appiicable/

 
 
   

 

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16. REMARKS (if applicable! ;

“By up greding My Dischar pe |
Ver woe if have 4 lee Ay SCOon Ons. | bef Cer

“Tu going 72 school Anof land pry A fefltre Job Hea fh One
a fave At, My PD epiihites WAS Mis cod ged et LAY fe, |

fe LO face se Move fowsrdad, plopellf. BY AUG, Vhes Aeon bie

LT Onn flatly paw Aiba this €/sodle, oF x ti ebaps Ctkes

    
     

       
     
     
 
  

 

  
 
   

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. __

 

 

~ ARMY NAVY AND MARINE CORPS :

 
  
   
 
 

  

Naval Council of Personnel Boards
‘720 Kennon Street, 8.E.

Room 3093 (NDRB) -
Washington Navy Yard, DC 20374-5023

  

* Army Review Boards Agency
= Support Division, St. Louis
*. 9700 Page Avenue
. St Louis, MO 63132-5200
_ (See http://arba.army.pentagon.mil}

   
  

    

 

 

COAST GUARD

        
 
   

AIR FORCE

   
    
 
 
  

U.S. Coast Guard
Commandant (G-WPM}
2100 Second Street, 5.W. Room 5500

Washington, DC 20593

    
  
 

Air Force Review Boards Agency
SAF/MRBR ,
550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

   

DD FORM 293, AUG 2003 Page 2 of 4-Pages
| Ey ap0¢- COLF
{
DEPARTMENT OF THE AIR FORCE

21ST SPACE WING (AFSPC)

 

 

15 may 1998

MEMORANDUM FOR

FROM: 2 sws/cc
SUBJECT: Letter of Notification

1. iI am 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. I am récommending that your service be

characterized as general.

2. My reasons for this action are that:

   
 

Wor about 9 Apr 96, you violated a general order given

by ii WOGRF Director of operations, to appear at a mandatory
formation, DO call. For this conduct, you received a Letter of

Reprimand, dtd 10 Apr 96. (Atch 1).

     

b. On or about 8 Apr 96, you failed to report for WAPS
testing a mandatory appointment. For this conduct, you received

a Letter of Reprimand, dtd 10 Apr 96. {Atch 2).

c. On or about 7 Apr 96, you violated a verbal order given
by ‘lien 2: well as a written notification given by the
dormitory manager. For this conduct, you received a Letter of
Reprimand, dtd 10 Apr 96. (Atch 3).

d. On or about 5 Apr 96, you failed to report for duty at
the appointed time. For this conduct, you received a Letter of

Counseling, dtd 10 Apr 96. (Atch 4).-

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

STRENGTH AND PREPAREDNESS
Ep asod- 264/53

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 consult counsel. Military legal
counsel has been obtained to assist you. An appointment has been

made for you to consult the Area Defense Counsel, on 2! HAY 96 at
HOO hours. You may consult civilian counsel at your own

expense,

4. You have the right to submit statements in your own behalf.
Any statements you want the separation authority to consider must

reach me NLT 1600 hours on 28 MAY 4b , 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. A separation physical is not required. However, you must
still report to the Peterson Clinic to complete DD Form 2697 -
Report of Medical Assessment. You have been scheduled for an

appointment on tA at FA hours. ( fo av 4e)

7. Any personal information you furnish in rebuttal is covered
by the Privacy Act of 1974. A copy of AFI 36-3208 is available

for your use in the orderly room.

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

  

Squadron Section Commander

 

Attachment
Letter of Reprimand, dtd 10 Apr 96

1

2. Letter of Reprimand, dtd 10 Apr 96

3. Letter of Reprimand, dtd 10 Apr 96

4, Letter of Counseling, dtd 10 Apr 96

5. Airman’s Receipt of Notification Memorandum