AIR FORCE DISCITARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDPIW.E INFTIAL} GRADE | AFSN/SRAN
SRA
TYPEGEN |x | PERSONAL APPEARANC E . RECORD REVIEW
“ii NAME OF COUNSEL AND OR ORGANIZATION ~ ADTIRESS AND OR ORGANIZATION OF COUNSEL ~
MEMBER SITTING
x
x
x
x
ISSURS AQSO1 INDEX NUMBER AG7.90 a
A94.05 L | ORDER APPOIN I ING THE BOARD _
AQ3.09 [2 | APPLICATION rr Re VIEW OF DISCHARGE
|3 | LETTER OF NOVI _
4 BRIEF CF PERSONNEL FLEE _
COUNSEL'S RELEASE 10 THE BOARD
) ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL ATPEARANCE
TAPE REC ORDING OF PERSONAI.. APPEARANCE
MEARIBt; ATE CASE NUMBEK
Ls May 2005 FI-2004- 00467

 

 

 

 

 

Case heard at Andrews AFR MD via video-teleconferenee with St. Augustine Fl..

Advise applicant of the decision of the Board and the right to subnut an application tv the AFBCMR.

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

 

 

 

 

 

SAA

LINT3

on (ADAIR eo vs Co MIG Ooo

woo7 a Si ji WR :
om IRATE SECRETARY OF THE AIK FORCE PLRSONNEI. OUNCE.
SAI /MRER ce yeas eq neers AER FORCE DISCHARGE REVIEW RUARD
550 C STREET WEST, SUITE 46 1538 COMMAND OR EE WING, 3RD FLOR
RANDOLPIL APB, VX 78150-4742 ANDHEWS AFR, MI) 21762-7002

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2004-00467

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.

ane applicant appeared and iecualles before the Discharge Review Board (DRB), with counsel, eed
i / mes [, vie video-iclcconference with Andrews AFB MD and St.

Augustine FL on 19 May 2005,

The following additional exhibits were submitted at (he hearing:
Exhibit 5: St. Leo College Transcript
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
mncquity or impropriety that would justify a change of discharge.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because 11 was too harsh and based on isolated
incidenis. The records indicated the applicant received seven Letters of Reprimand, two Letters of
Counseling, three Records of Individual Counseling, and six traffic tickets. 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 miltary members.
The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. Applicant stated he was written up for infractions while TDY and wasn’t notified of his untimely
discharge. The Board was unable to resolve the conflict with the member's statement since the
documentation contamed in his records didn’t support his testimony. The presumption of regulanty,
particularly of the process and his interaction docsn't support his contention. The Board concluded the
discharge was appropriate for the reasons which were the basis for this case.

Issuc 3. The applicant cited his desire to receive the G.f. Bill benefits as justification lor upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 21 Feb
92) that he understood he must receive an Honorable discharge to reecive future educational entitlements.
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this 1s
not a matter of equity or impropriety which would warrant an upgrade.

Issuc 4. Applicant contends that he should not be penalized indefinitely for a mistake he made when young,
he has grown and would like to have this part of his life cleaned so that he can continue lo progress. The
DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no
evidence he was immature or did not know righi from wrong, The Board opined the appheant was older
than the vasi majority of first-lerm members who properly adhere to the Air Force’s standards of conduct.
The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the
misconduct.
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 admimstrative 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
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD
FD2004-00467A

(Former SRA) (HGH SRA) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a Gen Dish fr Maxwell AFB,
AL on 18 Jul 00 UP AFI 36-3208, para 5.50.2 (Misconduct -
(Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge, and to Change the
RE Code, Reason and Authority for Discharge}.

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 24 Jan 03.

b. The AFDRB reviewed case on 11 Sep 01 (non-appearance w/o
counsel) & concluded applicant's discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 253) dtd 13 Nov
04. (Change Discharge to Honorable, and Change the RE Code, Reason
and Authority for Discharge)

ISSUES ATTACHED TO BRIEF.

Atch

None.

24JAN05/ia
14, CONTINUATION OF ITEM 4, ISSUES (if appiicatly}
attention, I was still written up for not handling my finances properly. There were also occasions that I would be late for work. I

would call and let management know, but yet they still chose to submit LOC’s and LOR's after knowing what my situation was like
at home. At the time, my flance who was and still is active duty, was pregnant and on bedrest. | ensurcd my service daties came
first, but there werc times | was unable to get to work ina timely manner because of this sttuation. ] was able to re-enlist a month
before my untimely separation. [ just feel that if] was such a bad example for the military why was I able to re-cnlist and continue
to serve my country. J loved serving my country and have been trying to find other opportunities to serve by joining the National
Guard or Reserves, but I have been unable to do so because I have to have an Honorable discharge on file. Tf at all passible, I
would like to return to active duty status and continue my Air Forec career. T am requesting this upgrade for educational purposcs
ag well as to remove this blemish from my life and record for personal advancement in Jife. It has been cight years since my
separation fron the Air Force, I have grown, and | would like to have this part of my life cleaned so that [ may continue tu

progress. | would just like to be given the chances that I felt { wasn't given when T was enlisted.

15, CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable}

16, REMARKS (ff uppicohle!

 

 

     
   
   
 
    

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

 

ARMY NAVY AND MARINE CORPS
Army Review Boards Agancy Naval Council of Personnel Boards
Support Division, St. Louis 90 Kennon Strevt, &.F
9700 Pagu Avenue : ° Bla sid
St. Louis, MQ 63132-5200 Room 303 (NDRE) ;
Washington Navy Yard, DC 20374-5623

(See http v/arba .army.pentagon.rnill

       

 

 
        
 

AIR FORCE COAST GUARD
Air Force Review Roards Agenay U.S. Coast Guard
SAF/MABR Commandant (G-\WPM)
550-C Strest West, Suite 40 7100 Second Street, S$.VWV¥. Roorn 5500

    
  

 

Randolph AFB, TX 78150-4742 Washington, DC 20593

Page 2 af 4 Pages

DD FORM 293, MAR 2004

= LDP fs aril
FD pet 0OF6 0

 

—_ . FD2002-0449
DEPARTMENT OF THE AIR FORCE

ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former SRA) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 4 NOV 96 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline) .

Appeals for Nonorable Disch.

2. BACKGROUND:

-

a. DOB: 27 Nov 72. Enlmt Age: 19 0/12. Disch Age: 23 11/12. Bduc: HS DIPL,.
AFOT: N/A. A+77, E-42, G-48, M-31. PAFSC: 3A051 - Information Management

Journeyman. DAS: 11 Jan 95.

b. Prior Sv: (1) AFRes 5 Dec 91 - 9 Feb 92 (2 months 5 days) (Inactive) .

(2) Enlisted as AB 10 Feb 92 for 4 yrs. Svd: 3 yrs 1 month
27 days, all AMS. AMN - 10 Aug 92. AlC - 10 Jun 93. SRA += 310 Feb 95. EPRa:

4,4,
3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 7 Apr 95 for 4 yrs. Svd: 1 Yr 6 Mo# 28 Dag, all AMS.

b. Grade Statue: None. .
e. Time Lost: None.

ad, Art 15's: None.

e. Additional: LOC, 27 SEP 96 - Financial irresponsibility.

LOR, 10 SEP 96 - Failure to report for duty.

LOR, 28 AUG 96 - Failed dorm room inspection.

LOR, 10 JUL 96 - Failure to obey orders.

RIC, 13 JUN 96 - Late for appointment and dierespect.

LOR, 13 JUN 96 - Dereliction af duty.

RIC, 08 JUL 96 - Speeding ticket.

RIC, 23 OCT 95 - Late for work and failure to complete a
given task.

LOR, 04 AUG 95 - Failure to go to scheduled appointment.

LOR, 04 AUG 95 ~- Driving with expired registration and
falsified official documents.

LOR, 28 QUL 95 - Failure to pay just debt.

Loc, 28 JUL 95 - Driving with expired registration and
failure to register vehicle on base.

TRAFFIC TICKHT, 24 JUL 95 - Driving with expired tage.

TRAFFIC TICKET, 23 MAY 95 ~ Speeding.

TRAFFIC TICKET, 09 APR 95 - Driving without a drivers
license and car geat for child.
PD 220%-2O/ 67 A

-¥59008-0499
f. (CM: None.
Gg. Record of SV: 29 Oct 94 - 28 Oct 95 Wright-Patterson AFB 3 {Annual}
(Discharged from Wright-Patterson AFB)

h. Awards & Decg: AFAM, APLSAR, AFTR, AFOSSTR, NDSM, AFOUA W/1 DEV,
AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (11) Mos (0) Das
TAMS: (4) Yrs (8) Mos(26) Das

4: BASTS ADVANCED FOR REVIEW: Appln (DD-Fm.293}) dtd 10 Oct 02.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
i. Applicant's Issues.

24 7AN03/ia
(
DEPARTMENT OF THE AIR ronce PD2ecd. 004674

HEADQUARTERS, 88TH AIR GASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, GHIO

OLT 18 1996

FROM: 88 CEG/CCQ

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for Misconduct -
Conduct Prejudicial to Good Order and Discipline. The authority for this action is AFPD 36-32
and APT 36-3208, paragraph 5.50.2 If my recommendation is approved, your service will be
characterized as Honorable or Under Honorable Conditions (General). I am recommending that
your service be characterized as Under Honorable Conditions (General), .

2. My reasons for this action are:

a. On or about 9 Apr 95 you were driving without a drivers license and did not have a car
seat for a child for which you received a traffic ticket and was counseled.

b. On or about 23 May 95 you was driving at an unreasonable rate of speed for which you
received a traffic ticket and was counseled.

c. On or about 13 Jul 95 you was driving with expired registration to your vehicle and
you failed to register your vehicle on base for which you received a Letter of Counseling

on 28 Jul 94,

d. On or about 13 Jul 95 you was driving with expired registration to your vehicle and
falsified an official document for which you received a traffic ticket and received a Letter

of Reprimand on 4 Aug 95.

e. On or about 24 Jul 95 you was driving with expired tags for which you received a
traffic ticket.

f. On or about 13 Jul 95 you failed to pay your just debts ie., your car payment, You
received a Letter of Reprimand on 28 Jul 95.

g. On or about 3 Aug 95 you failed to go to scheduled appointment for which you
received a Letter of Reprimand of 4 Aug 95 and an UIP was established.

h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed
to complete a given task for which you received a Letter of Counseling on 23 Oct 95.
: PO x20 20467 4

i, On or about 12 May 96 you was driving at an unreasonable rate of speed for which you
received a traffic ticket and a Letter of Counseling on 8 Jul 96.

j. On or about 22 May 96 you failed to secure the random urinalysis roster for which you
received a Letter of Reprimand on 13 Jun 96.

k. On or about 10 Jun 96 you was late for a mandatory meeting and showed lack of
respect for authority for which you received a Letter of Counseling on 13 Jun 96.

1. On or about ] Jul 96 you failed to follow a written order which you reccive a Letter
of Regemcanels IF on 10 Jul 96.

m, On or r about 9 Aug 96 you failed to report for duty for which you received a Letter of
Reprimand on 10 Sep 96

On or about 12 Aug 96 you failed your dorm inspection for which you received a
Letter of Reprimand on 28 Aug 96. !

0. On or about 26 Sé 96 your account with AAFES was delinquent for which you
Teceived a Letter of Counseling on 27 Sep 96.

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 discharged or retained in the Air 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.

4. You have the right to consult counsel, Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consult @ga@aameat the Area Defense Counsel's office,
Building 268, Area C, Wright-Patterson AFB OH, Telephone 77841 on 18 Oct 96 at 0930. You

may consult civilian counsel at:-your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 23 Oct 96 unless you request and receive an
extension for good cause shown. T will send them to the separation authority.

6. Lf 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,

7. You have been scheduled for a medical examination. You must report to 74 Medical Group,
Aerospace Medicine, Building 830, Wright-Patterson AFB OH at 0800 on 21 Oct 96 for the

examination.
pp ast cof 7/t-

. 8. Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. A

copy of AFT 36-3208 is available for your use in the orderly room.

1. Traffic Ticket, 9 Apr 95
2. Traffic Ticket, 23 May 95 ~-.
3, LOC, 28 Jul 95
4, LOR, 4 Aug 95
. Traffic Ticket 13 ful 95
. Traffic Ticket, 3 Jul 95

- LOR/UEF, 4 Aug 95
. Traffic Ticket, 28 Jul 95:

10,
HH.
12.
13.
14.
15.
16.

Ei.
18.

19.

20.
21.

22.
23.
24.

5
6
“7, LOR, 28 JuF 95
g
9

Revocation Ltr, 13 Sep 95
Suspension Ltr, 4 Oct 95
LOC, 23 Oct 95

MFR, 25 Oct 95 .
Financial Ltr, 1 Nov 95
AAFES, 26 Jan 96
Traffic Ticket, 12 May 96
LOC, 8 Jul 96

MER, 24 May 96

LOR, 13 Jun 96

LOC, 13 Jan 96
LOR/UITP, 10 Jul 96
LOR, 10 Sep 96

LOR, 28 Aug 96

LOC, 27 Sep 96