AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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1 NAME OF SERVICE MEMBER (LAST. HRST MIDD12E INITIAL)
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YES
No
PERSONAL APPEARANCE
RAM. d~ COUNSEL AND OR ORGANIZATION
1 AFSNISSAN
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AB
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RECORD REVIEW
ADDRESS AN0 OR ORGANIZATION OF COllNSEL
MEMBER SITTING
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BOARD
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OTHER
DENY
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ISSUES
INDEX NUMBER
A67. I0
IlEARlNG DATE
CASE NUMBER
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EXHIBITS SUBWED TO THE BOARD
APP1,ICATION FOR REVIEW OF IIISCHARGE
1 I ORDER APPOIN'I'ING THE BOARD
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3
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1 LEl"l.FR OF NOTIFICATION
1 HIZIEI: OI: PERSONNEL FI1.F.
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. RATlOhALe
FD-2006-00074
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Case heard in 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
1 Names and votes will be made available to the applicant at the applicant's request.
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550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE OISLHARGE REVIEW BOARD
1535 COMMAND Dm, EE WINC,3RD rLOOR
ANDREWS AFB. MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
__.2
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00074
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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 is 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:
Issue 1. Although not explicitly stated, the applicant contends that he should not be penalized indefinitely
for mistakes he made when young. The DRB recognized the applicant was 22 years of age when the
discharge took place. However, there is no evidence he was immature or did not know right from wrong.
The records indicated the applicant received two Article 15's, a Vacation, and a Letter of Reprimand for
misconduct. He was disciplined with a Letter of Reprimand for financial irresponsibility. The first Article
15 was for making a false official statement concerning payments on his American Express government
travel card. He was punished with a suspended reduction to airman and a reprimand. The Vacation action
was for failure to pay his debt to American Express. His second Article 15 was for failure to go. He was
reduced in grade to airman basic. The Board opined the applicant was older than the vast majority of first-
term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the
characterization of the applicant's discharge was appropriate due to the misconduct.
Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. ?'he DRR
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
September 3, 1992) that he understood he must receive an Honorable discharge to receive future educational
entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
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
AXR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH AlC)
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr USAF Moody AFB, GA on 14 Nov
95 UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions).
Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 5 May 73. Enlmt Age: 19 3/12. Disch Age: 22 6/12. Educ: HS DIPL.
AFQT: N/A. A-48, E-55, G-50, M-38. PAFSC: 1C032 - Operations Resource
Management Apprentice. DAS: 19 Oct 92.
b. Prior Sv: None.
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 25 Aug 92 for 4 yrs. Svd: 03 Y r S 02 Mo 20 Das, all AMS.
b. Grade Status: AB - 28 Sep 95 (Article 15, 28 Sep 95)
A m - 24 Feb 95 (Vacation of Article 15, 19 Apr 95)
AZC - 25 Dec 93
Amn - 25 Feb 93
c. Time Lost: None.
d. Art 15's: (1) 28 Sep 95, Moody AFB, GA - Article 86. You did, on or
about 12 Sep 95, without authority, fail to go at the
time prescribed to your appointed place of duty, to wit:
Building 8223, Knights Way, Moody AFB, GA. Reduction to
AB . (Appeal/Denied) (No mitigation)
(2) 19 Apr 95, Vacation, King Abdul Aziz AB, Saudi Arabia -
Article 134. You did, being indebted to American
Express in the sum of $1,573.65 for Government American
Express Card Account, which amount became due and
payable on or about 15 Feb 95, did, from 15 Feb 95, to
14 Apr 95, dishonorably fail to pay said debt.
Reduction to Airman. (No appeal) (No mitigation)
(3) 24 Feb 95, Moody AFB, GA - Article 107. You did, on or
:, 307 FS/CCQ, an official statement, to
made certain payments on your American
about LO Feb 95, with intent to deceive, make to 1Lt
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w i ~ - ~ - ~ ~ i ~ - - f ~ c i r I i a ' d
Express Government Travel Card account, by check on I
Dec 94 and by money order on 7 Dec 94, which statement
was totally false, and was then known by you to be so
false. Suspended reduction to Airman and Reprimand.
15, UCMJ, dated 23 Oct 95. Punishment included a reduction to the grade of airman basic (Atch
Id).
Copies of the documents to be forwarded to the separation authority in support of this
recommendation arc attached. The commander exercising Special Court-Martial (SPCM)
jurisdiction or a higher authority will decide whetha 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 camel. Military legal -------
counsel has been obtained to assist you.
I have made an appointment for you to consult Captain: - - - - - - - I :in Bldg 5109, Room 3, on
6 Nov 95 at m. Please take your copy of this Notification Memorandum and the attachments
with you to your appointment. You may 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 within a duty days after receipt of this
notification letter, unless you request and receive an extension for good cause shown. I will send
any statement(s) you submit 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 Section, Bldg 3296, at
examination, X b rs a -.
on 27 0 c t 95 for the-
. .
7. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement. A
copy of AFI 36-3208, is available for your use in the orderly room.
8. Execute the attached acknowledgment (Atch 2) and return it to me immediately.
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Section Commander, 69th Fighter Squadron
Attachments:
1. Supporting Documents, Reasons for Discharge
a. LOR, 5 Dec 94
b. AF Form 3070,24 Feb 95
c. AF Form 366,19 Apr 95
d. AF Form 3070,23 Oct 95
2. Receipt of Notification Memorandum
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