AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 771
NAME OF COUNSEL AND OR ORGANIUTION
I
I
I
I
X
ADDRESS AND OR ORGANIUIION OF COUNSEL
RECORDREVIEW
1
MEMBER SITTING
I
HON
I
GEN
UOTHC
I OTHER
I DENY
I
1 1 I ORDER APPOINTING THE BOARD
2
3
4
APPLICATION FOR REVIEW OF DlSCHARGE
LFI-TER OF NOTlFlCATlON
BRIEF OF PERSONNEL FlLE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE
1 21 Oct 2005
CASE NUMBER
I FD-2005-00186
I
1
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.
I
I
TO:
SAFMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
I
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COh€MAND D R EE WING. 3RD FLOOR
ANDREWS AFB. ~~'2076t700]00i
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2005-00186
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.
The applicant was offered a personal appearance before the Discharge Review Board ( D M ) 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, 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
inequity or impropriety that would justify a change of discharge.
ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received four Article 15s, two Letters of Reprimand, and one Record of Individual Counseling for
misconduct. The misconduct included financial irresponsibility and being absent without authority. The
DRB opined that through these administrative actions, the applicant had ample opportunities to change her
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.
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
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AMN) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Moody AFB, GA on 16 Jan 03 UP
AFI 36-3208, para 5.50.2 (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 . BACKGROUND :
a. DOB: 18 Dec 78. Enlmt Age: 18 10/12. Disch Age: 24 0/12. Educ: HS DIPL.
AFQT: N/A. A-67, E-41, G-48, M-39. PAFSC: 2S051 - Supply Management
Journeyman. DAS: 27 Nov 01.
b. Prior Sv: (1) AFRes 24 Oct 97 - 18 Mar 98 (4 months 23 days) (Inactive).
10 days, all AMS. A1C - 19 Jan 99. SrA - 19 Mar 01. EPRs: 4,5,5.
(2) Enlisted as A m 19 Mar 98 for 4 yrs. Svd: 3 yrs 4 months
3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 30 Jul 01 for 4 yrs. Svd: 1 Yrs 5 Mo 17 Das, all AMS.
b. Grade Status: AB - 25 Nov 02 (Vacation of Article 15, 19 Dec 02)
Amn - 25 Nov 02 (Article 15, 25 Nov 02)
c. Time Lost: None.
d. Art 15's: (1) 19 Dec 02, Vacation, Moody AFB, GA - Article 134. You,
being indebted to the Child Development Center in the
sum of $210.00 for child care services, which amount
became due and payable on or about 27 Nov 02, did, from
27 Nov 02, to 16 Dec 02, dishonorably fail to pay said
debt. Reduction to AB. (No appeal) (No mitigation)
dot
(2) 25 Qee 02, Moody AFB, GA - Article 86. You, did, on or
about 12 Nov 02, without authority, absent yourself from
your unit, and did remain absent until on or about 13
Nov 02. Reduction to AB (below A m suspended).
(No appeal) (No mitigation)
(3) 22 Nov 02, Vacation, Moody AFB, GA - Article 134. You,
being indebted to the Child Development Center in the
sum of $402.00 for child care services, which amount
became due and payable on or about 15 Oct 02, did, from
15 Oct 02, to 15 Nov 02, dishonorably fail to pay said
debt. Reduction to A1C. (No appeal) (No mitigation)
(4) 22 Oct 02,
- Article 134. You, being
in the sum of $1375 for rent
came due and payable on or
indebted tofi
and fees, w
about 7 Oct 02, did, at or near Valdosta, Georgia, from
on or about 7 Oct 02, to on or about 10 Oct 02,
dishonorably fail to pay said debt. Suspended reduction
to A1C. (No appeal) (No mitigation)
e. Additional: LOR/UIF, 31 MAY 02 - Financial irresponsibility.
RIC, 28 MAY 02 - Financial irresponsibility.
LOR, 11 JAN 02 - Financial irresponsibility.
f. CM: None.
g. Record of SV: 13 Jun 01 - 12 Jun 02 Moody AFB 4 (Annual)
h. Awards & Decs: AFAM, AFTR, AFOSLTR, AFLSAR W/1 DEV, NDSM, NCOPMER,
AFOUA W/2 DEVS, AFGCM.
i. Stmt of Sv: TMS: (5) Yrs (2) Mos (23) Das
TAMS: (4) Yrs (9) Mos (29) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 30 Apr 05.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
Issue 1: Request for my discharge code be changed from 2B because that
stops me from ever serving in the military and I know that I was a good worker
on the job. I know that if given the chance I can be that good worker once
again. I just have to be given that chance to prove it. I just want to serve
my country and acknowledge my skills in which I have already gained from the
military.
ATCH
1. DD Form 214.
&
L
1
,
1
/=pms-/&
DEPARTMENT OF THE AIR FORCE
347TH RESCUE WING (ACC)
MOODY AIR FORCE BASE, GEORGIA
MEMORANDUM FOR A
FROM: 347 LRS/CC
SUBJECT: Notification Memorandum
30 December 2002
347 LRS
1. I am recommending your discharge fiom the United States Air Force for conduct prejudicial
to good order and discipline (pattern of misconduct). The authority for this action is AFPD 36-
32 and AFI 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 as follows:
a. On or about 1 1 Jan 02, you were found to be delinquent in paying your Government
Travel Card in the amount of $1308.32. For this offense, you received a Letter of
Reprimand (LOR), dated 1 1 Jan 02 (Atch la).
b. On 28 May 2002, you were counseled regarding your financial irresponsibility. You
were warned at that time that future financial irresponsibility could result in separation
fiom the Air Force. For this offense, you received a letter of counseling (LOC), dated 28
May 2002, (Atch lb).
c. In Feb 02, you dishonorably failed to maintain sufficient funds in your account and
bounced a check for $1000. You were also twenty-two days late in paying your rent for
the month of May. For these offenses, you received an LOR, dated 3 1 May 02, which
was used to establish your unfavorable information file (Atch lc).
375.00 for rent and fees, which became due
02 to on or about 10 Oct 02, you failed to p
said debt. For this offense, you received punishment pursuant to Article 15, UCMJ, dated
22 Oct 02. Your punishment included a suspended reduction to the rank of airman first
class, suspended through 21 Apr 03, after which time it will be remitted without further
action, unless sooner vacated. (Atch Id). This was also added to your unfavorable
information file.
e. You owed the Child Development Center in the sum of $402.00 for child care services,
which became due on or about 15 Oct 02. From on or about 15 Oct 02 to 15 Nov 02, you
failed to pay the Child Development Center said debt. For this offense, your suspended
punishment under the Article 15 (Atch 1 d) was vacated on 22 Nov 02 (Atch le). You
were reduced to the grade of airman first class, with new date of rank of 22 Oct 02.
f. On or about 12 Nov 02, you without authority did absent yourself from your unit, 347fi
Logistics Readiness Squadron, located at Moody Air Force Base, Georgia, and remained
so absent until on or about 13 Nov 02. For this offense, you received punishment
pursuant to Article 15, UCMJ, dated 25 Nov 02. Your punishment included reduction to
the rank of airman basic, with reduction below airman suspended until 24 May 03, after
which time it would be remitted without further action, unless sooner vacated (Atch 1 f).
Your new date of rank was 25 Nov 02.
g. You owed $210.00 to the Child Development Center for childcare services, which
became due on or about 27 Nov 02. From on or about 27 Nov 02 to 16 Dec 02, you
failed to pay said debt (Atch lg). For this offense, your suspended punishment under the
Article 15 (Atch If) was vacated on 19 Dec 02 (Atch 1 g). You were reduced to the grade
of airman basic, with new date of rank of 25 Nov 2002.
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 and will probably be precluded from enlistment in any
component of the armed forces. Any special pay, bonus, or education assistance funds may be
subject to recoupment.
el has been obtained to assist you.
3. You have the right to consult counsel. Military 1
ea Defense Counsel, in Building
I have made an appointment for you to consult Capt
5 107 Austin Ellipse, Moody AFB, GA, extension @SN) 460-342 1, on 31 December 2002 at
1000 hrs. Please take your copy of this Notification Memorandum and attachments with you to
your appointment. You may consult civilian counsel at your own expense.
4. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after receipt of this
notification letter 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. You have been scheduled for a medical examination. You must report to the Moody Air
Force Base Hospital, Physical Exams, Building 3296, on 31 December 2002 at 1300 hrs for the
examination. This is a mandatory appointment. Be sure to bring your medical records to this
appointment.
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 immediate1
Attachments:
1. Supporting Documents, Reasons for Discharge
a. LOR, 1 1 Jan 02
b. LOC, 28 May 02
c. LOR, 3 1 May 02
d. AF Form 3070,22 Oct 02
e. AF Form 366,22 Nov 02
f. AF Form 3070,25 Nov 02
g. AF Form 366,19 Dec 02
2. Receipt of Notification Memorandum
AF | DRB | CY2006 | FD2006-00074
COUNSEL'S RELEASE '1'0 'I'I IE BOARD ADDITIONAL EXHIBITS SIJBMIT'TED A'l' TIME OF PERSONAL AI'PEARANCE I TAPE RECOKIIINCi OF PERSONAL APPEARANCE I IE 22 Sep 2006 APPLICANT S ISSUE AND THE BOARD'S DEl$IONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE MVlEW BOARD DECISIONAI. 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 1 Names and votes will be made available to the...
AF | DRB | CY2003 | FD2003-00142
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) Es. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 2993-00142 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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.
AF | DRB | CY2005 | FD2005-00266
LOC, 25 APR 04 - Failure to obey a lawful order and lack of LOR, 06 FEB 04 - Failure to go at the time prescribed. For this offense you received a LOR on 4 Jun 04 (Atch 11). If you are discharged, you will be ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance hnds may be subject to recoupment.
AF | DRB | CY2003 | FD2003-00065
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD er as NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE PERSONAL APPEARANCE X RECORD REVIEW COUNSEL’ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES VOTE OF THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY x 4 x xX X }_ XxX ISSUES INDEX NUMBER : EXHIBITS SUBMITTED TO THE BOARD A93.09 A47.00, A49.00 1 | ORDER APPOINTING THE BOARD [> APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF...
AF | DRB | CY2004 | FD2004-00132
The records indicated the applicant received an Article 15, a vacation of suspended punishment, five Letters of Reprimand, had an Unfavorable Information File, and was placed on the Control Roster for misconduct. (Change Discharge to Honorable, Change the RE Code, Reason and Authority for Discharge) Issue 1: I was in the Air Force 2 year (sic) also 1 year 17 months. g. On 15 Dec 01, you issued a check to Pay Day Advance (Advance America) in the amount of $500.00 and there were not...
AF | DRB | CY2005 | FD2005-00229
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) (HGH SSgt) 1. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. BOAR0 ACTION REQUESTED lX onel % CHANGE TO HONORABLE CHANGE TO GENERAUUNDER HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED (Nor applicable for Air Force) CHANGE NARRATIVE REASON FOR SEPARATION TO: (VYWMMDDI (ff date is mare than 15 years ago, submit a DO Form 149) 2002 1223 % 3.
AF | DRB | CY2003 | FD2003-00326
ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE B/G [dy fe COUNSEL’S RELEASE TO THE BOARD CASE NUMBER FD-2003-00326 HEARING DATE 12 Nov 2003 Case heard at Washington, D.C. submit an application to the AFBCMR SIGNATURE OE SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL...
AF | DRB | CY2006 | FD2005-00441
\\IL41 1 0 \ O k COL\ltI i MEMBER SITTING llON I VUTE OF THE 'BOAfll) AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE YUMBER FD-2005-00441 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Former AB) (HGH AMN) 1. LOR, 31 MAY 0 2 - Dereliction of duty.
AF | DRB | CY2003 | FD2003-00361
3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 6 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used Z AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2003-00361 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistmen code. The records indicated the applicant received a general discharge for a pattern of misconduct--conduct prejudicial to good order and discipline. As a result, you received a Record of Individual...
AF | DRB | CY2006 | FD2005-00331
The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to rcceive future educational entitlements. S E W I C E UNDER REVIEW: a. Enlisted as A1C 28 Oct 98 for 6 yrs. (Change Discharge to Honorable) Issue 1: To receive MGI Bill benefits, I served the USAF honorably and was discharged for weight management.