Search Decisions

Decision Text

AF | DRB | CY2006 | FD2006-00100
Original file (FD2006-00100.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

W E  GEN 
%yNSLL 

1F.S 

No 

I 

PERSONAL APPEARANCE 

NAME OFCOIlNShL AND OH OHC.ANILA1 ION 

RECORD REVLEW 

X 
ADDRESS AND OR ORGANIZATION Ok  COUNSEL 

MEMBER SITTING 

- 

TfON 

- 

VOTE OF 'IIIE BOARD 

GEN 

UOTHC 

Uflll!R 

DENY 

I 

I 

I 

I 

EXHlBlTS SlJHRlIlTED TO THE BOARD 

1  1  ORDER APPOINTING  THE BOARD 
2 
3 
4 

1  APPI.IC'A  I  ION  FOR REVIEW OF DISCHARGE 
1  1,F'I'I'ER OF NOTIFICATION 
1 
I3RIEF OF PERSONNEL  FILE 
COONSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUUMI'I''I'F,I) A']' 'I'IME  OF 
PERSONAL APPF.ARANC'E 

I 

1'APE IIECORDWG OF PERSONAL APPEARhNCE HE 

HEARINC. UArE 

CASE NIIMHEH 

I  FD-2006-00100 

24 Oct 2006 
APPLICANT'S ISSUG r\hD TH6 BOARD'S DECISIONAL RATJONAL ARE DISCL'SSED ON ' W E  AlTACHFD AIR iORCC DISC114RGE REVIEW  BOARD DECISIONAL  RATIOKALE 

I 

I 

Case heard in Washington, D.C. 

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews AFB, Maryland, but failed 
to appear or notify the board. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 

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

1 0 :  

SAFIMRRR 
550 C STREW WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECHKI'AHV OF'I'HE AIR FOHC:E  PERSONNEL COUNCIL 
AIR FORC'E DISC-HAHGE HLVILW HOAHD 
I ~ ~ ~ C O M I I I A N ;  
ANDREWS  AFR, MD 20762-7002 

DH, i b .  WING, ~ H D  

INDORSEMENT 

DATE:  10/31/2006 

APHQ FORM  0-2077, JAN 00 

(EF-V2) 

Previous edrtion wrl l be used 

ALR FORCE DISCHARGE REVIEW BOARD DECISIONAL FUTlONALE 

CASE NtJMNEH 

FD-2006-00100 

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

The applicant was offered a personal appearancc before the Discharge Review Board (DRB) at Andrews Air 
Force Base, Maryland, but failed to appear or notify the Board. 

No exhibits were submitted on thc applicant's  behalf. 

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 rccord  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a clzange of discharge. 

ISSUE: 

Applicant contends discharge was inequitable bccause it should have been characterized as "Honorable" 
versus "General"  for misconduct.  The records indicated the applicant received an Article  15 for driving 
while intoxicated; seven Letters of Reprimand-four 
the Weight Management Program; two Letters of Counseling-both 
for "failure to go";  one Letter of 
Admonishment for failure to progress on the Weight Management Program and one Memorandum for 
Record 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. 

for "failure to go"  and three for failure to progress on 

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 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 21 
Mar 02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor ~isciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 4 Oct 80.  Enlmt Age: 19 6/12.  Disch Age: 21 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-63,  G-42,  M-51. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 5 Sep 00. 

b.  Prior Sv: (1) AFRes 15 Apr 00 -  30 May 00  (1 month 16 days) (inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  31 May 00 for 4 yrs. Svd: 01 Yrs 09 Mo 21 Das, all AMS. 

b.  Grade Status:  AB -  11 Feb 02 (Article 15, 11 Feb 02) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 11 Feb 02, Elmendorf AFB, AK -  Article 111.  You, did, 

on or about 17 Jan 02, on Fighter Drive, operate a 
vehicle, to wit: a passenger car while drunk.  Reduction 
to AB, and 30 days extra duty.  Suspended forfeiture of 
$250.00 pay per month for 2 months.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR/UIF, 19 FEB 02 -  Failure to go. 

LOR/UIF, 19 FEB 02 -  Failed the Weight and Body Fat 

Management Program check. 

LOR/UIF, 15 FEB 02 -  Failure to go. 
LOR/UIF, 22 JAN 02 -  Failure to go. 
LOCI 22 JAN 02 -  One hour late for an appointment. 
LOR/UIF, 22 JAN 02 -  Failure to go. 
LOR/UIF, 20 DEC 01 -  Failed the Weight and Body Fat 

LOC, 20 NOV 01 -  Failure to go. 
LOR/UIF, 20 NOV 01 -  Failed the Weight and Body Fat 

Management Program check. 

LOA, 19 OCT 01 -  Failed the Weight and Body Fat Management 

Management Program check. 

Program check. 

f.  CM:  None. 

g.  Record of SV: 31 May 00 -  30 Jan 02  Elmendorf AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, AFOSLTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (11) Mos  (07) Das 
TAMS:  (01) Yrs  (09) Mos  (21) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Mar 06. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable due to under Honorable Conditions but 
classified as Misconduct.  Further more making  it no longer accessible (sic) to 
re enlist  (sic) . 

ATCH 
None. 

I) 
DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR  FORCES 

*  ~= ; z& -B  

/bi3 

MEMORANDUM FOR 90 FS/MAFS 

FROM:  90 FS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct based on 
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 
general. 

2.  My reasons for this action are: 

a.  On 13 Feb 02, you did, without authority fail to go to at the time prescribed to your 

appointed place of duty, to wit: follow up dental appointrnent.  For this offense, you received an 
LOR, dated 19 Feb 02 and a Unfavorable Information File (UIF) entry was accomplished. 

b.  On or about 17 Jan 02, you did, at or near Elmendorf Air Force Base, on Fighter Drive 

operate a vehicle, to wit: a passenger car while dm&.  For this offense, you received an 
Article 15, dated 1 1 Feb 02, reduction to the grade of airman basic, with a new date of rank of 
1 1 Feb 02,30 days extra duty, a suspended forfeiture of $250.00 pay per month for 2 months, 
and a UIF entry was accomplished. 

c.  On or about 14 Feb 02, you did, without authority fail to go at the time prescribed to your 

appointed place of duty, to wit: mandatory financial management session.  Furthermore, on 
15 Feb 02, you did, without authority fail to go at the time prescribed to your appointed place of 
duty, to wit:  appointment with the First Sergeant.  For these offenses, you received an LOR, 
dated 15 Feb 02 and a UIF entry was accomplished. 

d.  On 18 Jan 02, you did, without authority fail to go at the time prescribed to your appointed 

place of duty, to wit: second mandatory appointment with the First Sergeant.  For this offense, 
you received an LOR, dated 22 Jan 02 and a UIF entry was accomplished. 

e.  On  18 Jan 02, you did, without authority fail to go at the time prescribed to your appointed 

place of duty, to wit:  mandatory appointment at Health and Wellness Center.  For this offense, 
you received a Letter of Counseling (LOC), dated 22 Jan 02. 

f. On  17 Jan 02, you did, without authority fail to go at the time prescribed to your appointed 

place of duty, to wit: mandatory appointment with the First Sergeant.  For this offense, you 
received an LOR, dated 22 Jan 02 and a UIF entry was accomplished. 

g.  On or about 20 Nov 01, you did, without authority fail to go at the time prescribed to your 

appointed place of duty, to wit: FTD Bldg.  For this offense, you received an LOC, dated 
20 Nov 01. 

3.  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 are discharged or retained in the Air Force.  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.  You have the right to consult legal counsel, Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capt Forte, 552-3887, at Bldg 10480, 
Rm 330 on  Y ~ V T  R IZ r> ;r  at 
expense. 

,  YOU may consult civilian counsel at your own 

1  I uo 

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 after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

6.  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. 

7.  You have been scheduled for medical examinations.  You must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at  0 1 w) 
on  ~ M R E  OL 
for your first exam, at which time you will be notified of the time for your second exam.  You 
are to refkain from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours, 
prior to examination.  Bring eyeglasses (and contact solution if using contacts) if applicable. 
You must be in uniform for these examinations. 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
on  5 MAC 0 2   . You have also been scheduled 
the Family Support Center at 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85 17 
. You must be in uniform for 
(People Center), Rm 247 at  07 71~3 
on 
all appointments. 

6 IM o leu2 

/ o m  

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at your Squadron Orderly Room. 

Attachments listed on a separate page. 

Commander 

Continued, Notification Memorandum, AB Ryan, dated  4  M A  i?-  O'L- 

Attachments: 
1.  LOR, 19 Feb 02 
2.  AF Form 1058 
3.  AF Form 3070,ll Feb 02 
4.  LOR, 15 Feb 02 
5.  AF Form 1058 
6.  LOR, 22 Jan 02 
7.  LOC, 22 Jan 02 
8. LOR, 22 Jan 02 
9.  AF Form  1058 
10.  LOC, 20 Nov 01 
11.  AFForm 1137 
12.  AFForm 393 
13.  LOR, 19 Feb 02 
14.  LOR, 20 Dec 01 
15,  AF Form 1058 
16.  LOR, 20 Nov 01 
17,  MFR, 5 Nov 01 
18. LOA, 19 Oct 01 



Similar Decisions

  • AF | DRB | CY2002 | FD2002-0116

    Original file (FD2002-0116.pdf) Auto-classification: Denied

    PEKSUONAL APPEARANCE _| X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION * ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING ae, PT {ISSUES INDEX NUMBER BITS SUBMITE DAR A94.06, A93.10 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE — 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE ° 02-08-15 FD2002-0116 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ™ PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL...

  • AF | DRB | CY2006 | FD2006-00025

    Original file (FD2006-00025.pdf) Auto-classification: Denied

    Applicant requests that the reason (Weight and Body Fat Management Program Failure) for his discharge be changed to "For the Convenience of the Government." Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SRA) (HGH SRA) 1. (Change Reason and Authority for Discharge) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2007 | FD2006-00255

    Original file (FD2006-00255.pdf) Auto-classification: Denied

    You, who knew or should have known of your duties, on or about 20 Jul 03, were derelict in the performance of those duties in that you willfully failed to refrain from consuming alcoholic beverages while under the age of 21 years, as it was your duty to do. For this failure to inform your superiors of the damage, you received an AF Form 174, Record of Individual Counseling, dated 27 Aug 02 (Attachment 9). For this dereliction of duty, you received an AF Form 174, Record of Individual...

  • AF | DRB | CY2006 | FD2006-00001

    Original file (FD2006-00001.pdf) Auto-classification: Denied

    7 ~ 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00001 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. Between on or about 21 Aug 96 to on or about 27 Aug 96, you wrongfully made Automatic Teller Machine cash withdrawals and unauthori~d purchases...

  • AF | DRB | CY2006 | FD2005-00331

    Original file (FD2005-00331.pdf) Auto-classification: Denied

    The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to rcceive future educational entitlements. S E W I C E UNDER REVIEW: a. Enlisted as A1C 28 Oct 98 for 6 yrs. (Change Discharge to Honorable) Issue 1: To receive MGI Bill benefits, I served the USAF honorably and was discharged for weight management.

  • AF | DRB | CY2002 | FD01-00032

    Original file (FD01-00032.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00032 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for discharge and change the RE Code. ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary Infractions. Attachment: Examiner's Brief FD-01-00032 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) 1.

  • AF | DRB | CY2003 | FD2003-00237

    Original file (FD2003-00237.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0237 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief FD2003-00237 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. For this offense you received a Letter of Counseling (LOC), dated 19 Jan 00. c. On or about 9 Nov 99, you failed to go at the time prescribed to your appointed place of duty.

  • AF | DRB | CY2003 | FD2003-00146

    Original file (FD2003-00146.pdf) Auto-classification: Denied

    - , | AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Gena: AB ine. The characterization of the discharge received by the applicant was found to be appropriate. LOR, 26 MAR 01 - Failure to report to a mandatory appointment .

  • AF | DRB | CY2003 | FD2003-00076

    Original file (FD2003-00076.pdf) Auto-classification: Denied

    This was a one pound weight loss and four percent body fat gain from your previous (ita monthly weight evaluation on 26 Jun 96, constituting unsatisfactory progress on the [P. On 14 Aug 96, you acknowledged your weight and body fat percentage determined on 30 Jul 96, as evidenced by your signature on AF Form 393, Individual Record of Weight Management, at attachment 1. g. On 7 Oct 96, you weighed 240 pounds and your body fat percentage was determined to be JS? In response to this...

  • AF | DRB | CY2003 | FD2003-00080

    Original file (FD2003-00080.pdf) Auto-classification: Denied

    LOC, 20 MAR 00 - Speeding. You have been scheduled for medical examinations. Commander Attachments: AF Form 3070, 27 Mar 02 AF Form 1137 MER, 6 Mar 02 LOC, 19 Feb 02 LOC, 13 Feb 02 LOR, 26 Mar 01 DD Form 1408, 2 Sep 00 LOC, 20 Mar 00 .