AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

     
    

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| AB ay
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING
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ISSUES 493,99 INDEXNUMBER — 6 5) SUBMITIED 10 THE BOARD (9°
I 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
20 Dec 2005 FD-2005-00235

  

   

 

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.

SIGNATURE OF BOARD PRE!

 

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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, MD 20762-7002

 

 

 

 

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

2 ?
FD-2005-00235

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

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, 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 does not contest his discharge. He states that he wants an upgrade in order to join the Air
Force Reserves. The records indicated the applicant received three Article 15s for dishonorably failing to
pay just debts and for impeding an investigation by physically altering a written statement of a bank
representative. In addition, he received one Letter of Reprimand and three Letters of Counseling for
financial irresponsibility. 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.

          
     
      
       
    

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
FD2005-00235

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

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr England AFB, LA on 12 Jun 91
UP AFR 39-10 para 5-47d, (Pattern of Misconduct - Dishonorable Failure to Pay
Just Debts). Appeals for Honorable Discharge, and to Change the RE Code, Reason
and Authority for Discharge.

2. BACKGROUND:

a. DOB: 12 Jun 68. Enlmt Age: 17 2/12. Disch Age: 23 0/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-62, G-68, M-51. PAFSC: 70250 - Information Management
Specialist. DAS: 7 Nov 89.

b. Prior Sv: (1) AFRes 03 Sep 85 - 26 Jun 86 (9 Mos 24 Das) (Inactive).

 

Enlisted as AB 27 Jun 86 for 4 years. Extended 4 Oct 88 for
5 months. Svd: 3 yrs 4 mos 4 das. Amn - 27 Dec 86. AIC - 27 Oct 87. SrA - 27
Jun 89. APRs: 8,9,9.

3. SERVICE UNDER: REVIEW:

a. Reenlisted as SrA 2 Nov 89 for 4 years. Svd: 01 Yrs 07 Mo 12 Das, all
AMS.

b. Grade Status: AB - 02 May 91 (Article 15, 2 May 91)
SrA - 17 Aug 90 (Vacation of NCO Status)
Sgt - 01 Jun 90

c. Time Lost: None.

d. Art 15’s: (1) 2 May 91, England AFB, LA - Article 134. You, did, on
or about 22 Apr 91, wrongfully impede an investigation,

in your case, by physically altering the written
tatement of Patrick Henry National Bank officer Sy

a Reduction to AB, 45 days extra duty.

(No appea (No mitigation)

(2) 22 Apr 91, England AFB, LA - Article 134. You, being,
indebted to England AFB Exchange in the sum of $150.00
for an insufficient funds check,-.which amount became due
and payable on or about 9 Apr 91 did at Alexandria, LA
from 9 Apr 91 to 15 Apr 91, dishonorably fail to pay
said debt. Suspended reduction to A1C. Forfeiture of
$300.00 pay per month for two months is suspended.

Sixty days extra duty. Set Aside over 45 days extra
duty. (No appeal) (No mitigation)
FD2005-00235

(3) 28 Aug 90, England AFB, LA ~ Article 134. You, being,
indebted to Electrolux of Alexandria in the sum of
$50.00 for an insufficient funds check, which amount
became due and payable on or about 13 Aug 90, did at
Alexandria, LA from 13 Aug 90, to 21 Aug 90,
dishonorably fail to pay said debt. Suspended reduction
to Alc. Forfeiture of $200.00 pay per month for two
months is suspended. Forty-five days extra duty.

(No appeal) (No mitigation)

e. Additional: LOR/UIF, 15 APR 91 - Financial irresponsibility.
LOC, 16 JUL 90 - Delinquent NCO Club account.
Loc, 31 JUL 90 - Bad Check, Insufficient funds.
LOC, 17 MAY 90 - Bad Check, Insufficient funds.

£. CM: None.

g. Record of SV: 27 Jun 89 - 31 Mar 90 England AFB 4 (HAF DIR)
O1 Apr 90 ~- 31 Mar 91 England AFB 2 (Annual)

 

h. Awards & Decs: AFAM, AFGCM, AFLSAR, NDSM, NCOPMER, SAEMR, AFTR.

i. Stmt of Sv: TMS: (05) Yrs (09) Mos (10) Das
TAMS: (04) Yrs (11) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 Dec 04.

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge.)

Issue 1: I request a change in status to join the Air Force Reserves. tI
can join Army Reserve but I would like to be in the Air Force Reserves and do
what I should have done years ago and retire in Air Force Branch.

ATCH
None.

213u105/day
. . FIN 20805-00235

a (4
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 23D COMBAT SUPPORT GROUP (TAC)
ENGLAND AIR FORCE BASE LA 71311-5000

 

arwor, 23 CRS/CC 15 May 91

sussect: | Letter of Notification. cee eee

TO:

 

1. I am recommending your discharge from the United States Air Force for

a Pattern of Misconduct according to Air Force Regulation 39-10, Chapter 5,
Section H, Paragraph 5-47d, which is Dishonorable Failure to Pay Just Debts.
If my recommendation is approved, your service will be characterized as

general.
2. My reasons for this action are as follows:

a. On or about 9 April 1991 to 15 April 1991, you dishonorably failed to
pay a debt. For this, you received an Article 15, dated 16 April 1991.

b. On 10 March 1991, you wrote a check at the England Air Force Base
Exchange, without having sufficient funds to cover that check. For this, you
received a Letter of Reprimand and an Unfavorable Information File entry,

dated 15 April 1991.

c. On or about 13 August 1990 to 21 August 1990, you dishonorably failed
to pay a debt. For this, you received an Article 15, dated 22 August 1990.

d. On or about 17 August 1990, you exhibited behavior unbecoming of an
NCO by your recurring financial irresponsibility. For this, your NCO status
was vacated, dated 17 August 1990.

e. On 5 July 1990, your NCO club account was forty-five days delinquent.
For this, you were counseled, dated 16 July 1990.

£. On 18 May 1990, you wrote a check at the England Air Force Base
Exchange, without sufficient funds to cover that check. For this, you were

counseled, dated 31 July 1990.

g- On 17 April 1990, you wrote a check at the England Air Force Base
Exchange, without sufficient funds to cover that check. For this, you were

counseled, dated 17 May 1990.

3. This action could result in your separation with an honorable,
general, or an under other than honorable conditions discharge. If my
recommendation is approved, your discharge will be characterized as general.
The commander exercising SPCM jurisdiction or a higher authority will make the
final decision in this matter. If you are einen ies you will be ineligible

for reenlistment in the Air Force.

Aeadiness is our Profession
FD 2@05- 0CO23%

4. You have the right to consult counsel. Military legal counsel has been

appointed to assist you. I have made an appointment for you to consult with
Captain ny :.- Area Defense Counsel at 1100

on 16 May 91 . His office is located in Building 1901, Room 205. 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 within
three duty days of the date of this letter, unless you request and receive an
extension of time. These statements will be forwarded to the separation

authority.

6. If you fail to consult counsel or to submit statements in your own behalf,
your failure to do so will constitute a waiver of your right to do so and this

discharge procedure will continue.

7. An appointment for a physical examination was scheduled for you at 0730
hours on 24 April 1991. A copy of the results is attached and will be

forwarded to the separation authority.

8. Any personal information you furnish in rebuttal to this discharge action
is covered by the Privacy Act Statement as explained in Air Force Regulation
39-10, attachment six. A copy of Air Force Regulation 39-10 is available for

your use in the squadron orderly room.

9. Sign the attached acknowledgment and return it to me within three duty
days.

   

Atchs

Art 15, dtd 16 Apr 91

LOR/UIF, dtd 15 Apr 91

Art 15, dtd 22 Aug 90

AF Form 418, dtd 17 Aug 90
45 Day Notice Ltr, dtd 11 Jul 90
Dishonored Check Notification, dtd
22 Jun 90

7. Dishonored Check Notification, dtd

07 May 90

ms

Commander, 23 CRS

  

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