Search Decisions

Decision Text

AF | DRB | CY2006 | FD2005-00444
Original file (FD2005-00444.pdf) Auto-classification: Denied
A1R FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INl'I'IAL) 
................................. 

c-......-.-.-......-------------i 
TYPE GEN 

CQUPJSBL  - 

, 

PERSONAL APPEARANCE 

NAML OF COUNSEL AND OR ORGANIZ.4TION 

GRADE 

A1C 

X 

AFShISSAN 

RECORD REVIEW 

'. - . - . - . . . . . . - . - .' 

ADDRESS AND OR 0RC;ANIZATION  OP COUNSEI 

YES 

Nu 
X 

MEMBER SITTING 

- P." 

HEARING DATE 

CASE NUMBER 

3  /  1,ETTER OF NOTIFICA'I.ION 
1  4  1  BRIEF OF PERSONNEL FILE 

COUNSE1,'S RELEASE TO TI-IE BOARD 
ADDITIONAL EXHIBITS SUHMITTFD AT l l M E  OF 
PERSONA[, APPEARANCE 

'TAPE RECORDING OF PERSONAL APPEARANCE 

1 
1 

I 

25 May 2006 
AF'PLICAh'l' S ISSUE AND THE. BOARD'S DECtSlOIiAL RATIONAL ARE DISCUSSkU ON THE ATTACHED AIR FORCE DISCHARCiE REVIEW BOAKL) DECISIONAL KA'lIONALE 

FD-2005-00444 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and tlie right to 
submit an application to the AFBCMR 

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

/*/ 

1 

, , 

1 0  

I 

SAFIMRBK 
550 C S I REFT WEST, SUl l h 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OF T l l E  AIR FORCE PLHSONNEL COUNCIL 
AIR  hOH('E  DISCAARGE REVIEW  BOARD 
1535 COMhlAND DK, EE WING, 3RD FLOOR 
A N ~ K E W S  AFR, MD 20762-IUUZ 

- .  

I 

(EF-V2) 

Previous edition will be used 

I 

1 

I 

I 

All< FORCE OISCHAKGE KEVlEW BOAKD DECISIONAL RATIONALE 

('ASE NIIMIIk;K 

FD-2005-0W44 

(;ENEIbiL:  Thc applicant appcals for upgrade of discharge to honorable. 

Thc i~pplic'a~it was offered a  personal  appearance bcforc  thc Discharge Review  Hoard  (DRB) hul tlcclincd  to 
exercise Illis  right. 

The ;~tlaclicd brief contains available pcrtincnt data on the applicant and the  Pictors leading lo the cJisch;~rge. 

I N N :

 'T'he  Board grants the requested  rclicf. 

'I'lic  Board  finds  that  wither  the  evidence  of  record  nor  that  provided  by  applicant  substarilialcs  iln 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  anc3  C V ~ C ~ C I I C C  
~>rovided by  applicant, the Hoard finds the applicanl's cliaraclerizalion of discharge inecluitablc. 

ISSUE:  Applicant received  a General disctlarge for Misconduct - Minor Disciplinary liit'ractions 

lssuc  I .   Applicant states that he is a police oPficer and this discharge follows him everywhere he goes and 
evcry school he attends, and he is just  trying to fix some of the mistakes he rnadc while lie was young.  Thc 
Uoi~rd was sympall~elic lo the impact the characterization of his discharge was having on the applicant, but 
Illis is ilol a nialler of  inequity or impropriety which would warrant an upgrade 

lssuc 2.  Applicant states that he received  disciplinary  action for forgetting his travel package in Korea 
tluring u  PCS arid thal, although he rnadc a few mistakes, he served liis caul- try  proudly  for 3.5 ycars. The 
records indicatcd thc applicant received two Article  15s and lwo Lcttcrs of  Reprimand  for misconduc~ lo 
iriclude willfully  fi-liling lo remain alert and attentive while assigned lo providc security al a Launch Facility, 
Failut-c to cornplete M-60 Piring training class hccausc of disorderly conducl, fidilurc to pay  a just  dehl, arlcl 
 illfu fully  Cailing lo turn in  his UPRG to the appropriale activity upon arrival at liis new duty station which 
review ot' thc records revealed  resulted  from applicant departing his lasl duty assignment and inadvcrtcn~ly 
Icaviiig his UPKG in his dorm room.  The D R B  took note of thc applicant's duly performance as documcntctl 
hy  his perfc~rma~-~ce 
rnonllis reinailling on his enlistment at thc time of disct~arge, and opined that the overall q1.1ality o f  
appliciu~~l's service is rnorc accuratcly retlected by an Honorablc discharge. 

reports and other accomplishmenls, as well as the fact that applicant had  less than four 

C:ONC:LIISlONS:  The  Discharge  Review  Board  concludcs  that  thc  discharge  was  consistent  with  thc 
procedural  and  substantive  requirements  of  thc  discharge  regulation  aiid  was  within  the  discretion  of  the 
disc1i;rrge  authorily and that the applicant was provided  full administrative due process. 

tlowevcr,  in  view  of  the  foregoing  findings,  the  Board  Purlt~er concludcs  that  the  overall  cli~ali~y cjC 
applicant's scrvicc is riiore accurately reflected by  an Honorable discharge.  The applicant's characlerizatioi,~ 
should he changed to Honorable under the provisions of 'Title  10, USC  1553. 

Attachmcnl: 
Examiner's I3ricf 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec' d a GEN Disch fr USAF Pope AFB, NC on 24 Apr 
91 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Aug 65. Enlmt Age: 21 10/12.  Disch Age: 25 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-57,  G-90,  M-68. PAFSC: 81150 -  Security Specialist. 
DAS: 9 Jan 91. 

b.  prior Sv:  (1) AFRes 19 Jun 87 -  21 Sep 87 (3 months 3 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Sep 87 for 4 yrs. Svd: 03 Yrs 07 'Mo 02 Das, all A M S .  

b.  Grade Status:  A1C -  25 Mar 91 (Article 15, 25 Mar 91) 

SrA -  22 Sep 90 
A1C -  12 Apr 89 
Amn -  22 Mar 88 

c.  Time Lost:  None. 

d.  Art  15,s:  (1) 25 Mar 91, Pope AFB, NC  -  Article 92.  You knew of your 
duties at Osan AB, Korea, from about 19 Nov 90 to about 
9 Jan 91, were derelict in the performance of those 
duties in that you willfully failed to turn in your UPRG 
records over to the appropriate activity at Pope AFB, 
NC, and you willfully did not safeguard these records 
enroute as it was your duty to do so.  Reduction to AlC. 
(No appeal) (No mitigation) 

(2) 28 Sep 88, Grand Forks AFB, ND -  Article 92.  You, who 

knew of your duties within the 32lSt Strategic Missile 
Wing complex, North Dakota, on or about 19 September 
1988, were derelict in the performance of those duties 
in that you willfully failed to remain alert and 
attentive while assigned to provide site security at 
Oscar 44 Launch Facility, as it was your duty to do. 
Suspended reduction to AB.  Forfeiture of $100.00 pay 
per month for two months.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 11 J U L   90 -  Financial irresponsibility. 

LOR, 16 OCT 89 - Disorderly conduct. 

f.  CM:  None. 

g.  Record of SV: 22 Sep 87 -  19 Nov 88  Grand Forks AFB  8  (Annual) 
20 Nov 88 -  29 Aug 89  Grand Forks AFB  3  (Annual) 
30 Aug 89 -  29 Aug 90  Osan AB 
3  (Annual) 

h.  Awards &  Decs:  NDSM, AFOSSTR, AFTR. 

i,  Stmt of Sv:  TMS: (03) Yrs  (10) Mos  (06) Das 
TAMS:  (03) Yrs  (07) MOS  (03) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Nov 05. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting that my discharge be upgraded.  Recieved  (sic) 

disciplinary action for forgetting my travel package in Korea during a permanent 
change of station.  Although I made a few bad decisions, I served my country 
proudly for 3 and a half years.  Please consider this request.  I am a police 
officer and my discharge follows every where I go or every school I attend.  I 
am just trying to fix some of the mistakes that I made while I was young and 
with your help I can suceed (sic), Thank you for your time and consideration in 
this matter. 

ATCH 
None. 

DEPARTMENT OF T H E  AIR  FORCE 
HEADQUARtCRS 1 1  7TH COMOAT SUPPORT GROUP (MAC) 

POPE AIR  F O R C E  BASE. NORTH CAROLINA  28308 

REPLY TO 
A m  OF 

sumrfl:  Letter of-Notification 

0  APR  lQ91 

AlC i ------------------------------------------------! 
317th Security Police Squadron 

1.  I am recommending your discharge from the United States Air Force for 
Minor Disciplinary Infractions.  The authority for this action is AFR  39-10, 
paragraph 5-46.  If my recommendation is approved, your service will be 
characterized as general. 

2.  My reasons for this action are: 

a.  You knew of your duties at Osan Air Base, Korea, from about 19 November 

1990 to about 9 January 1991, were derelicit in the performance of those duties in 
that you willfully failed to turn in your UPRG records over to the appropriate 
activity upon arrival at Pope Air Force Base, North Carolina and you willfully did 
not safeguard these records enroute as it was your duty to do so.  For this you 
received an Article 15, dated 25 March 1991. 

b.  You did, on or about 31 January 1990, fail to pay a loan to the 1st 

Liberty Credit Union.  For this, you received a Letter of Reprimand, dated 11 July 
1990. 

c.  You did, on or about 16 September 1989, fail to complete M-60 firing 

training class because of disorderly conduct.  For this, you received a Letter of 
Reprimand, dated 16 October 1989. 

d.  You, who knew of your duties with the 321st Strategic Missile Wing 
complex, North Dakota, on or about 19 September 1988, were derelict in the 
performance of those duties in that you willfully failed to remain alert and 
attentive while assigned to provide site security at Oscar 44 Launch Facility, as 
it was your duty to do.  For this, you received an Article 15, dated 28 September 
1988. 

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 made an appointment for you to consult Capt 
Letteney at Bldg 344, on 5 April 1991 at 0930 hours.  You may consult 
civilian counsel at your own expense. 

4 .   You have the right to submit statements in your own behalf.  Any statement 
you want the separation authority to consider must reach me by  10 April 1991 
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 or to submit statements in your own behalf, your 
failure will constitute a wavier of your right to do so. 

6.  You bave been scheduled for a medical examination.  You must report to the 
USAF Pope Clinic at 0730 hours on 4 April 1991 for the examination. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act Statement as explained in AFR 39-10, Attachment 6.  A copy of AFR  39-10 is 
available for your use in the unit Orderly Room. 

8.  Execute the attached acknowledgment 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

and return it to me immediately. 

& - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '  

Commander 
317th Security Police Squadron 

5 Atch 
1.  Article 15, dated 25 March 1991 
2.  Letter of Reprimand, dated 

11 July 1990 

3.  Letter of Reprimand, dated 

16 October 1989 

4.  Article 15, dated 28 September 1988 
5.  Airman's  Receipt of Ltr of 

Notification 



Similar Decisions

  • AF | DRB | CY2005 | FD2005-00255

    Original file (FD2005-00255.pdf) Auto-classification: Denied

    BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 20 Jun 05 (Change Discharge to Honorable) Issue I: I am requesting an upgrade in my discharge to an honorable discharge. For this misconduct you received a Letter of counseling, dated 28 Jun 04. Military legal counsel is available to assist you.

  • AF | DRB | CY2006 | FD2005-00443

    Original file (FD2005-00443.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) NO ISSUES SUBMITTED. I am recommending your discharge from the United States Air Force for Misconduct: Drug Abuse. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | DRB | CY2003 | FD2002-0073

    Original file (FD2002-0073.pdf) Auto-classification: Denied

    ISSUES: The applicant was discharged with a General Discharge for Misconduct — Commission of a Serious Offense. Attachment: Examiner's Brief FD2002-0073 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ES (Former A1C) (HGH SRA) 1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/01/03 UP AFI 36-3208, para 5.52 (Misconduct - Commission of a Serious Offense). 02/06/04/ia Pp2edz2- C075 DEPARTMENT OF THE AIR FORCE HEADQUARTERS 319%H AIR RECUELING WING...

  • AF | DRB | CY2004 | FD2004-00120

    Original file (FD2004-00120.pdf) Auto-classification: Denied

    However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF ATCH 1 . I have requested that temporary identification cards be issued IAW AFR 30-20, paragraph 2-9.

  • AF | DRB | CY2005 | FD2005-00217

    Original file (FD2005-00217.pdf) Auto-classification: Denied

    'The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. '['he records indicated the applicant rcceived an Article 15 for wrongfully using marijuana on two separate occasions. 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 bc changed.

  • AF | DRB | CY2006 | FD2005-00448

    Original file (FD2005-00448.pdf) Auto-classification: Denied

    The Board concluded the reenlistment code and reason and authority for the discharge received by the applicant were found to be appropriate. e. Additional: AF FORM 393, 28 JUL 94 - Failed to make satisfactory LOR, 16 MAY 9 4 - Failed to make satisfactory progress in the Weight Management Program. The authority for this action is AFR 39-10, paragraph 5-62.

  • AF | DRB | CY2007 | FD2006-00249

    Original file (FD2006-00249.pdf) Auto-classification: Denied

    The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH SRA) 1. (Change Discharge to Honorable) Issue 1: I feel that there was complete injustice done by my commander(s) .

  • AF | DRB | CY2006 | FD2005-00278

    Original file (FD2005-00278.pdf) Auto-classification: Denied

    The applicant was offered a personal appearance before the Discharge Review Board ( D M ) and was scheduled to participate in a video-teieconference, but did not appear at the time specified. The DRB noted that when the applicant applied for these benefits, he signed a statement acknowledging that he must receive an Honorable discharge to receive future educational entitlements. For this misconduct, you received a Letter of Counseling (LOC), dated 15 May 02 (Attachment E).

  • AF | DRB | CY2003 | FD2003-00268

    Original file (FD2003-00268.pdf) Auto-classification: Denied

    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 I SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 FROM: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 I (EF-V2) Previous edition will be used I I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL...

  • AF | DRB | CY2003 | FD2002-0546

    Original file (FD2002-0546.pdf) Auto-classification: Denied

    His misconduct included two instances of failure to obey lawful orders, two incidents of dereliction of duty, at least two instances of failure to maintain his uniforms and personal hygiene standards, failure to go, failing to follow government vehicle operating instructions resulting in an accident, violating the base visitor sponsorship policy, providing alcoholic beverages to another airman who was under the legal drinking age, and soliciting that airman to make a false statement. ...