AIR FORCE DISCHAKGE REVIEW BOARD HEARING RECORD
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1 NAME OP SERVICE MKMBER (:ST,
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PERSONAL APPEARANCE
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MEMBER SITTING
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A94.53
A67.90
1lEARING DATE
CASE NllMHlSR
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EXHIBlTS SUI).&lITIED TO THE BOARD
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ORDER APPOINTING THE ROARD
APPLICA'I'ION FOR REVIEW OF DISCHARGE
LETTER OV NOTIFICATION
BRIEi- Ok PERSONNEL PILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SIJBMITTED AT TIMF OF
PERSONAL APPEARANCE
'I'APE RECORDING OF PERSONAL APPEARANCE I IF,
14 Sep 2006
APPLICANT S ISSLE .4ND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACHEU AIH fORCE DISCHARGE REVIEW ROARD DECISIONAL RATIONALE
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Case heard in Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance withlwithout 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.
*Reason and Authority
1 +Reenlistment Code
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ISDORSEMENT
DATE: W18iZUU6
'To:
SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLI'I I APB, TX 781 50-4742
AFHQ FORM 0-2077, JAN 00
I
SECRETARY OF l H K AIR FORCE PERSONNEL COLlNClL
AIR FOR( t 1)1>( HARGt RL\ 1E\\ BOARD
1535 (OhlVAYD DR. EE \%IVC. JRD FLOOR
4\DRL\\S AFB, 4411 211lfo2.7M2
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE
CASE NlJMBER
FD-20(,6-00019
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 (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, and change of reenlistment code are
denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE:
The applicant acknowledged that he made mistakes and has learned his lesson. He has expressed a desire for
upgrade of his discharge to allow for reenlistment into the armed forces. The records indicated the applicant
received an Article 15, two Letters of Reprimand, and one Letter of Counseling for misconduct. The
applicant received an Article 15 for unauthorized use and failure to pay debt on his government travel card.
He was punished with a reduction in grade to airman first class and a reprimand. He was administratively
disciplined for failure to obey lawful orders for misuse of his government computer, failure to obey a no
contact order and 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
DEPARTMENT OF THE AIR FORCE
A I R FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former A1C) (HGH SrA)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF Pope AFB, NC on 12 May
05 UP AFI 36-3208, para 5.50.2 (Pattern of isc conduct - 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. DOE: 3 May 82. Enlmt Age: 17 8/12. Disch Age: 23 0/12. Educ: HS DIPL.
AFQT: N/A. A-59, E-52, G-36, M-23. PAFSC: lC052 - Aviation Resource
Management Journeyman. DAS: 30 Nov 00.
b. Prior Sv: (1) AFRes 14 Jan 00 - 22 Aug 00 (7 months 9 days) (Inactive) .
(2) Enlisted as AB 23 Aug 00 for 4 yrs. Svd: 03 Yrs 05 Mo 11
Das, all AMS. A m - 23 Feb 01. A1C - 23 Dec 01. SrA - 23 Nov 03. EPRs:
4,2 (REF) ,4.
3 .
SERVICE UNDER REVIEW:
a. Reenlisted as SrA 6 Feb 04 for 5 yrs. Svd: 01 Yr 03 months 08 days,
all AMS.
b. Grade Status: A1C - 8 Apr 05 (Article 15, 8 Apr 05)
c. Time Lost: None.
d. Art 15's: (1) 8 Apr 05, Pope AFB, NC - Article 92. You, who knew of
your duties, from on or about 9 Jan 05 to on or about 10
Mar 05, were, on divers occasions, derelict in the
performance of those duties in that you willfully failed
to utilize your government travel card for authorized
purchases only, as it was your duty to do. You, who
knew of your duties, on or about 22 May 04, were
derelict in the performance of those duties in that you
willfully failed to utilize your government travel card
for authorized purchases only, as it was your duty to
do. You, who knew of your duties, on or about 26 Mar
04, were derelict in the performance of those duties in
that you willfully failed to utilize your government
travel card for authorized purchases only, as it was
your duty to do. Article 134. You, being indebted to
Bank of America in the sum of $77.95 for credit card
purchases, which amount became due and payable on or
about 3 Apr 04, did, from on or about 3 Apr 04 to 7 Jul
04, dishonorably fail to pay said debt. Reduction to
AlC, and a reprimand. (No appeal) (No mitigation)
e. Additional: AF418, 28 MAR 05 - Denial of Reenlistment.
LOR, 07 SEP 04 - Financial irresponsibility.
LOR, 25 AUG 04 - Failed to obey a lawful order.
LOC, 27 MAY 04 - Failed to obey a lawful order.
f. CM: None.
g. Record of SV: 24 Nov 03 - 23 Nov 04 Pope AFB 2 (Annua1)REF
h. Awards & Decs: AFTR, NDSM, AFEM, AFLSAR, AFESR, AFESR W/GOLD BORDER,
GWOTEM, GWOTSM, AFOUA W/VALOR W/OLC.
i. Stmt of Sv: TMS: (05) Yrs (03) Mos (29) Das
TAMS: (04) Yrs (08) Mos (21) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 Dec 05.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
Issue 1: I am requesting an upgrade because I learned my lesson and will
not participate in such behavior again. I want to continue serving my country
and I will enlist in the AF reserves as soon as I am eligible.
ATCH
1. DD Form 214
DEPARTMENT OF THE AIR FORCE
23D FIGHTER GROUP (ACC)
POPE AIR FORCE BASE NORTH CAROLINA
MEMORANDUM FOR A1 c:. . -. . -. . -. . -. . . . -. . -. . -. . -. . -. -. . -. . -. .:
FROM: 23 OSS/CC
........................................
SUBJECT: Notification Memorandum
1. T am recommending your discharge from the United States Air Force for Misconduct: A Pattern
of Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFT 36-3208, paragraph 5.50.2. This action could result in your separation with
an Under Other Than Honorable Conditions (UOTHC) Discharge. I am recommending that your
service be characterized as an Under Honorable Conditions (General) Discharge.
2. My reason for this action is:
a. From on or about 9 Jan 05 to on or about 10 Mar 05, you were on divers occasions, derelict
in the performance of your duties in that you willfully failed to utilize your government travel card
for authorized purchases only, as documented by an AF Form 3070, Record of Nonjudicial
Punishment Proceedings, dated 8 Apr 05.
b. On or about 22 May 04, you were derelict in the performance of your duties in that you
willfully failed to utilize your government travel card for authorized purchases only, as documented
by an AF F o m 3070, Record of Nonjudicial Punishment Proceedings, dated 8 Apr 05.
c. From on or about 3 Apr 04 to on or about 7 Jul04, you being indebted to Bank of America in
the sum of $77.95 for credit card purchases, which amount became due and payable on or about
3 Apr 04, dishonorably failed to pay said debt, as documented by an AF Form 3070, Record of
Nonjudicial Punishment Proceedings, dated 8 Apr 05.
d. On or about 26 Mar 04, you were derelict in the performance of your duties in that you
willfully failed to utilize your government travel card for authorized purchases only, as documented
by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 8 Apr 05.
e. On or about 8 Aug 04, the squadron was notified that you bounced three checks on base with
the 43d Services Squadron, as documented by an Letter of Reprimand (LOR), dated 7 Sep 04.
f. On or about I Jul04, you willfully disobeyed a lawful order by utilizing your government e-
mail for personal use after your privileges were suspended, as documented by an LOR, dated
25 Aug 04.
g. On or about 1 Jul04, you willfully circumvented prohibition that was set in place to disallow
you access to government e-mail, as documented by an LOR, dated 25 Aug 04.
h. On or about 17 May 04, you used government computers for personal use, as documented by
a Letter of Caunseling, dated 27 May 04.
i. On or about 17 May 04, you were counseled on the importance of adhering to standards af
professionalism and directed to refrain from requesting off duty friendships while on duty, as
documented by a Letter of Caunseling, dated 27 May 04.
3. The 43d Airlift Wing Commander, who exercises SPCM jurisdiction is the Separation Authority
and will decide whether you will be discharged or retained in the Air Force. Copies of the
documents to be forwarded to the Separation Authority in support of this recommendation are
attached. If you are discharged, you will be ineligible for reenlistment in the Air Force and any
special pay, bonus, or education assistance funds may be subject to recoupment.
4. Military counsel may be obtained to assist you. Contact TSgt 1 - - - - - - - - - -;(extension 4-2362) at
the Area Defense Counsel's office, to schedule an appointment with the Area Defense Counsel
(ADC). You may have a military counsel other than the ADC, if the lawyer you request is in the
active military service and is reasonably available as determined according to AFI 51 -201. In
addition to military counsel, you have the right to employ civilian counsel. The Air Force does not
pay expenses incident to the employment of civilian courkel. Civilian counsel, if employed, must
be readily available.
,..-.- .." -.,
5. You have the right to submit a statement on your behalf. Any statements you want the
Separation Authority to consider must reach me by ,/Ym
receive an extension for good cause shown. Any submitted statements wrll be forwarded to the
Separation Authority.
at ~fi:3dIunless you request and
6. If you fail to consult counsel or to submit statements on your behalf within three duty days,
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 the Pope AFB Flight
Medicine Clinic on
hours for the examination.
at
8. Any personal information you furnish in rebuttal i s covered by the Privacy Act of 1974. A copy
of AFI 36-3208 is available for your use at http://www.e-publishing.af.mil/.
9. Execute the attached acknowledgment and return it to me immediately.
Commander
Attachments:
1. AF Form 3070, dated 8 Apr 05 (3 pgs)
2. Written Presentation of Article 15 Proceedings, dated 6 Apr 05
3. LOR, dated 7 Sep 04 (2 pgs)
4. LOR, dated 25 Aug 04
5. LOC, dated 27 May 04 (2 pgs)
6. Receipt of Notification Memorandum
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