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AF | DRB | CY2005 | FD2005-00294
Original file (FD2005-00294.pdf) Auto-classification: Denied
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/  NAME OF SERVICE MEMBER (L,AS'I., FIRST R1IDDI.E INI'I'I.4L) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

I  AFSNISSAN 

1 
1 

I'I.YPE  GEN 

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PERSONAL APPEARANCE 

1 

-- 

MEMRER SI'TTING 

SHA  "L, 
X 

RECORD REVIEW 

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1 

ORGANUATION O F  ( (IUNSEI, 

VWI E OF THE BOARD 
/X;C 

1  OTHER 

-. 

[  DENY 

EXHIRII'S SUBMITTED 'rO THE BOARD 

- 

-- 

I.- 

ORIIEK APPOINTINCi TI-IE BOARD 

I.E'ITER  O F  N(:)'I'IFICATION 
BRIEF OI:  PERSONNEL FILE, 
COUNSEL'S REI.EASE  T O  THF:  BOARD 
ADDITIONAL EXRIBITS S I . I D M ~ T ~ T I M E  
PERSONAL AF'PEAKANCE 
I  TAPE KECORDINC;  OF PERSONAI.  APPEARANCE 

01' 

". 

.. 

IILARING O A l t  

CASE NllMRFR 

Advise applicant of the decision  of the Board, the right to a personal appearance withlwithout counsel, and the right to 
subinit an application  to the AFBCM R 

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

S M I M R B R  
550 C STXEET WEST, SlJlTE 40 
RANDOLPI-1 AFB, TX 78 150-4742 

SECRETARY O F  TIIE AIR FORCE PERSONNEL COlJNClL 
AIR  FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR, EE WING. 3RD FI.OOR 
ANDRE\\'S  AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

LASE NllMBEH 

! 

FD-20U5-00294 

GENERAL:  The applicant appeals for upgradc of discharge to honorable. 

The applicant was offered a personal appcarance before thc Discharge Review Board  (DRB) but declincd to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and thc factors Icading to the dischargc. 

FINDINGS:  Upgrade of discharge is denied. 

The  Board  finds  that  neither  the  cvidence  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.  'I'he  records indicated the 
applicant  received  three  Lettcrs  of Reprimand,  two  Unfavorable  Information  files  and  was  placed  on  the 
Co~ltrol Roster for misuse of his government travel card and for contributing to the delinqueiicy of minors by 
allowing them  to  use his rcsidence  for illcgal  drug use.  'l'he  DRB opined  that through  these administrative 
actions, the  applicant had  ample opportunities  to  changc his  negative  behavior.  The Board  concluded  the 
nlisconduct was a significant depariure from conduct expected of all military  mcrnbers.  The characterization 
of the discharge received  by the applicant was Sound to be appropriate.  The DRB was plcased  to see that thc 
applicant  was  doing  well  and  has  a  good job.  However,  no  incquity  or  impropriety  in  his  discharge was 
suggested  or  found  in  the  course  of the  hearing.  The  Board  concluded  the  inisconduct  of the  applicant 
appropriately characterized his tcrm of service. 

CONCLUSIONS:  The  Discharge  Revicw  Board  concludes  that  the  discharge  was  consistent  wilh  lhc 
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 Hoard further concludes that there exists no legal or cquitablc 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,  M D  

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Robins AFB, GA on 4 Aug 95 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Jan 72;  Enlmt Age: 20 0/12.  DischAge-:--23 7/12. Educ: HS DIPL; 

AFQT: N/A.  A-95,  E-88,  G-86,  M-54. PAFSC: 2P051 -  Precision Measurement 
Equipment Lab Journeyman.  DAS: 30 Mar 94. 

b.  Prior Sv: (1) AFRes 17 Jan 92 -  17 Feb 92 (1 month 1 day)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Feb 92 for 6 years. Svd: 03 Yrs 05 Mo 17 Das, all 

AMS . 

b.  Grade Status:  SrA -  1 Aug 94 
A1C -  1 Apr 92 

c.  Time Lost:  None 

d.  Art  15's:  None. 

e.  Additional: LOR/UIF, 26 MAY 95 -  Fraudulently receiving a larger 
Overseas Housing Allowance then 
authorized. 

LOR/UIF, 18 MAY 95 -  Allowing teenagers to use his 

CR, 18 MAY 95 - For being derelict in his responsibilities. 
LOR/UIF, 09 MAR 95 - Misused his government issued American 

residence for illegal drug use. 

Express and inappropriately withdrew 
over $2,700 in cash advance. 

f .   CM:  None. 

g .   Record of SV: 18 Feb 92 -  17 Oct 93  Holloman AFB  4  (Initial) 

18 Oct 93 -  14 Feb 94  Holloman AFB  4  (CRO) 
15 Feb 94 -  14 Feb 95  RAF Lakenheath  5  (Annual) 

h.  Awards &  Decs:  AFOUA W/1 OLC, AFGCM, NDSM, AFTR. 

i.  Stmt of S v :   TMS:  (03) Yrs  (06) Mos  (18) Das 
TAMS:  (03) Yrs  (05) Mos  (17) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Jul 05. 

(Change Discharge to Honorable) 

Issue 1:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issue. 
2.  Recommendation for Decoration/Award, (DA Fm 638). 
3.  Citation for Army Commendation Medal. 
4.  Certificate Squadron Leadership School. 

3. SUPPQRTING DOCUMENTS (X as applicable) (Please print name and social security number on each documentl 

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1  a.  Will not be submitted.  Please complete review based on available service records. 

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b.  Will be submitted  within 60 days. 

c. Will be submitted within 

days. 

d.  Are listed below and are attached to this application:  (Continue on a plain sheet of paper if more 

space is needed.) 

(1) DOCUMENT  1. 

BXMY  c-HION 

MEDAL RECOMMENDATION  AND AWABD,  GA  NATIOHIL  GUARD 

(2) DOCUMENT 2: 

SQUADRON  LEADERSHIP  SCHOOL  CERTIFICATE,  US  AIR  FORCE  AUXIL'IlRY/CIVIL  AIR PATROL 

(3) DOCUMENT  3: 

TRANSCRIPT,  EMERY-RIDDLE  AEROI?AUTICII.  UNIVERSITY,  DISTANCE  LE4RNlNc 

8.  ISSUES.  The  Board  will  consider  any  issue  submitted  by you prior to closing the  case  for deliberation.  The 
Board  also  will  review  the  case  t o   determine  whether  there  are  any  issues  which  provide  a  basis  for 
upgrading  your  discharge.  However,  the  Board  is  not  required  t o   respond  in  writing  t o   issues  of  concern 
t o   you  unless  those  issues  are  listed  or  incorporated  by  specific  reference  below,  Read  the  instructions 
carefully  that  pertain  to  block  8  prior  t o   completing  this  part  of  the  application. 
If  you  need  more  space, 
submit additional issues o n  an attachment. 

': MY  GENERAL  UNDER  HONORABLE  CONDITIDNS  DISCHARGE  WAS IXEQUIWLE  AS  I T  w ~ S  B k X D  

ON  AN  I S O I L E D   INCIDENT  DlJRIl?G  MY  ENLISTMENT  PERIOD  OF  ACTIVE DUTY  SEKVICE  WITH NO  0'11816R: 
ADVERSE  &CTPONS HAVING OCCUlWJ). 

ISSUE 2:  1: AM  m

Y

ENLISTED IN TKE  GEORGIA ARMY  NATIONAL  GUNID,  AND  W I L L   BE  DUE:  FOR  A 

 

RE-ENLIS- 
A I R   PATROL/US  AIR  FORCE  AUXILIARY  (SKR  GA-116)  SINCE  2001.  I AM ALSO  A  DEPUTY WITH  TJiE 
HENRY  COUNTY  SHERIFF'S  OFFICE  I N  W€DOBOUGXI.  GA, 

WHICH  I  INTEND TO  SECURE.  1 EWVE  ALSO  BEEN  A  VOLUNTEER  OFPICER  W  TEE  CIVIL 

ISSUE 3: I  CONTRIBUTED  TEE  APPROPgUTE  FUNDS  'WHllE  ACTIVE  DUTY  TOWWS, THE  MONTGUMERY  G. I. 

BILL,  AND MY  D I S ~ G E  P-S 
TUITION  ASSISTANCE  WITILE  PURSUMG  MY  D E W E  AT  JXBRY-RIDDLE  AERONAITTICAL,  I  INTEND  TO 
BECOME  AN  ARMY OFFICER THROUGH OFFICER  CANRIDATE  SCHOOL,  AND  I WISH  TO  COMPLETE  HY DE- 
TO  ACEII13VE  THIS.  G.1-  BILL F[TNDS  WIU  HELP  l!E  GREATLY  IN THIS  ENDEAVOUR, 

ME FROM USING  THESE  F[TNDS,FI  HAVE BEEN ACTIVELY  USING ARMY 

ISSUE 4: 

I 

1 a.  Mark this block if you have listed additional issues as an attachment to this application. 

b.  I previously submitted  an application on (Enter Date) 

and I a m  completing this f ~ r m  

in order to submit additional issues. 

c. The above issues supersede all previously submitted. 

9. CERTIFICATION 

I  I make  the  foregoing  statements  as  part  of  my application  with  full  knowledge  of  the  penalties  involved  for 

willflrlly making a false  statement.  (U.S.Code,  M e  78, Section  7007, provides a penalty as follows: A maximum 
fine of $70,000  or maximum imprisonmenf  of 5 vears,  or both) 

a.  DATE  (Year, Month,  Day) 

b. SIGNATURE 

2005 07 18 

ARMY 

I 

NAW  & MARINE CORPS'  I 

LICABLE ADDRESS  BELOW 
AIR  FORCE 

CO, USARPAC 
9 7 0 0  Page Blvd. 
St.  Louis,  M O  631 32-5200 

NAVAL Discharge Review 
801 No. Randolph St. 
Arlington,  VA 22203-1997 

AFMPCiMPCDOAl 
Randolph AFB,  TX 781 50-6001 

I 

COASTGUARD 
Commandant (G-PE-1) 
U.S.  Coast  Guard Hedq 
Washington,  DC 20593-0001 

DD Form 293(JF). FEB 89 

Previous editions ore obsolete 

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1 

DEPARTMENT OF THE AIR FORCE 

48TH FIGHTER WING (USAFE) 

23 June 1995 

FROM:  48 CRSICC 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  Misconduct--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 
recommending that your service be characterized as general. 

.  . 

2. My reasons for this action are: 

a.  On 26 May  1995, you  received  a  LOR for ffaud against the  government, in that, you failed to 
accurately  report  that  you  did  at  times  share  your  residence  with  mother  military  member,  thus 
decreasing your  Overseas IIousing Allowance (OHA),  and claiming to pay  all utilities  yourself,  whiIe 
receiving partial financial assistance for the electric bill from your military roomate.  This LOR dated 26 
May 1995, was added to your existing Unfavorable Information File (XIIF),  dated 30 May 1995. 

b.  On  18 May  1995, you received a LOR for being derelict in your responsibilities, in that, several 
teenagers  were  found to have  been using iIIegal drugs in  your residence at  6 The Cedars, Lakenheath 
Village.  This LOR, dated  18 May  1995, was added to your UlT and placed you on the Control Roster, 
dated 22 May 1995. 

c.  On 9 March 1995, you received a LOR for being dereIict in the performance of your duties, in that, 
you misused your government issued American Express Card and inappropriately withdrew over $2,700 
in cash advances.  This LOR, dated 9 March 1995, established a UIF, dated 13 March 1995. 

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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have 
at  building  976,  ext  3608,  on  23 June 
made  an  appointmetlt for you  to  consul- 
1995,0930 hours.  You inay 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 by 28 June 1995, 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've  already completed your medical examination, on 7 June 1995. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of 1974.  A 
copy of AFI  36-3208  is available for your use at the Unit  Orderly  Room  or the Area Defense  Counsel 
Office. 

Commander 

Attachments: 

1.  AF 1058, dtd 30 May 1995 
2.  LOR, dtd 26 May 1995 
3.  OSI report, dtd 1 May 1995 
4.  AF 1058, dtd 22 May 1995 
5.  LOR, dtd 18 May 1995 
6.  OSI report, 3 April 1995 
7.  AF 1058, dtd 13 March 1995 
8.  LOR, dtd 9 March 1995 
9.  Amn's Receipt of Notification Memorandum 



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