I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FlKST MII)I)L,E  INl.fIAI,) 

I 

I 

I 

PERSONAL APPEARANCE 

AMN 
1  X  I 

I 

RECORDREVLEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANUATlON OF COUNSEL 

MEMBER SITTING 

HON 

V O T E O r m  mmv4 

I  GG 1 - - ~ G T ~ c  ( 

OTHER 

v;  $ 

I 

DENY 

TYPE  GEN 
CoUNSEL 

YES 

NU 

I 

- 

- 

- 

- 

ISSUES 

A92.21 

INDEX NUMBER 

A60.00 
A01.43 

1 
2 
3 
4 

1 

I 

ORDER APPOINTING  TIIF. I30ARU 

APPLICATION  FOR  REVIEW OF L)ISC:RAKGE 
I.ElI'ER  OF NCYI'IFICATION 
I3RIF.F OF I'ERSONNEL  FILE 
COUNSEL'S  IUZLEASE TO '1'1 IF, I3OARD 
ADDITIONAI, EXI IIHITS SUBMITTED AT TIME OF 
PERSONAL APPEAMNCE 

'I'AI'E  RECORDTNG OF PERSONAL APPEAMNCE HE 

HI?AHINC IlA'l'lS 

CASE NUMBER 

12 Oct 2006 
4PPLICANT'S  ISSUE AND THE BOARD'S DECISIONAI.  RATIONAI  ARE DISC ('SSRD  ON THF ATTA(UP11 AIR  FORCE DISCHAROE REVIEW BOARD DECISIONAL  RATlON.UE 

FD-2006-00123 

Case lieard 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 subinit a11 application to the AFBCMR 

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

X - Upgrade, Reason and Authority and RE Code 

A 

f l -  
/ v   I 

I 

TO. 

SAFIMKBR 
550 C STREET WES'I',  SUI'I'F, 40 
IZANDOI.PII  AFD, TX 78150-4742 

IN WRSEMEhT 

FROM: 

I 
DATE:  10/12/200(i 

SECWl'ARV  DFTHE AIR F O R m  PERSONNEL COUNClL 
AIR  FORLT. ~ I S C H A ~ ( : E  REVIEW  mmn 
1535 CaMMANU UK, EE WING, 3RD FUXlR 
ANnREWS AFB, M D  ZU7bZ-7UUZ 

MIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc uscd 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASE NUMBER 

FD-2006-00123 

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  scheduled  for a personal  appearance before the Discharge  Review  Board  (DRR) at Andrews 
Air Force Base, Maryland, but failed to appear or notify the Board. 

No exhibits were submitted on the applicant's behalf. 

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  for discharge, and change of reenlistment 
code are 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:  The applicant cited his eagerness to serve again, "especially  in this time of recruitment crisis and  [the] 
war overseas,"  in documenting his  desire for an upgrade  of discharge  so that he may enlist in the United  States 
Marine  Corps.  He  otherwise  did  not  submit  any  issues  questioning  the  equity  or propriety of the non-judicial 
punishment actions he received or the resultant discharge action.  Specifically, the applicant received two Article 
15s during his term  of enlistment, covering a period  from on or about 9 July  1993 until his date of discharge on 
20 May  1997.  The first Article  15, issued on 29 April  1996, was for unlawfully  striking another Airman in the 
head with a bottle.  For this offense the applicant received a suspended reduction in grade to Airman and  15 days 
extra duty.  The second Article  15, issued  on 28 March  1997, contained  two  specifications;  one  for wrongfully 
wearing, without authority, the rank  of Senior Airman insignia over a several month period  (from on or about 9 
July  1996 to 4 February  1997) and his dishonorable failure to pay an indebtedness on his government travel card 
of  the  amount  of  $240.03.  The  applicant's  record  does  not  contain  the  notification  memorandum  fiom  his 
commander, the review of legal sufficiency, nor his responses to either of the Article  15s or the discharge action. 
The  DRB recognized  the  fact that  the  applicant  had  served  three  years  and  10 months,  oi' a  four-year  term of 
enlistment  before  his  discharge  was  initiated  and  that  he  had  achieved  three  consecutive  overall  "4"  enlisted 
performance  reports.  Additionally,  the  Board  acknowledged  the  likelihood  that  the  applicant  is  making  a 
significant contribution to the life and safety of his community, as an "LAC0  fire fighter."  However, the  Board 
was  deprived  of  an  opportunity  to  receive  any  objective  evidence  upon  which  to  base  an  upgrade  of  the 
applicant's  discharge, either through  supplemental written documentation,  such as letters of recornmendation or 
commendation,  proof  of his  alleged "unblemished  record"  with  his  current employer, or testimony  that  would 
otherwise overcome a presumption of regularity in the processing of his discharge.  The Board concluded that the 
characterization of the discharge received by the applicant was appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation,  that  it  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,  MI3 

(Former AMN)  (HGH A1C) 

DISCHARGE CASE MISSING 

1.  MATTER  UNDER REVIEW:  Rppl  rec'd a GEN Disch fr USAF McGuire AFB NJ on 20 May 
97 UP AFI 36-3208, Para 5.50 (Misconduct). Appeals for Honorable Discharge, and 
to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Oct 73.  Enlmt Age: 19 4/12.  Disch Age: 23 7/12. Educ: HS DIPL. 

AFQT: N/A.  A - 5 8 ,  
Apprentice.  DAS: Unknown. 

E-50,  G-50,  M-65. PAFSC: IT131 -  Aircrew Life Support 

b.  Prior Sv: (1) AFRes 25 Feb 93 -  08 Jul 93  (4 months 14 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 9 Jul 93 for 4 years. Svd: 03 Yrs 10 Mo 12 Das, all AMS. 

b.  Grade Status:  Amn -  28 Mar 97 (Article 15, 28 Mar 97) 

A1C -  09 Nov 94 
Amn  -  09 Jan 94 

c.  Time Lost:  None 

d.  Art  1 5 ' s :   (1) 28 Mar 97, McGuire AFB, NJ  -  Article 134.  You did, on 
divers occasions between on or about 9 Jul 96 to on or 
about 4 Feb 97, wrongfully and without authority wear 
upon your uniform the insignia or grade of a Senior 
Airman.  You, being indebted to American Express in the 
total sum of $240.03 for cash advances, charges and 
advance fees, which amount became due and payable on or 
about 1 Nov 96, did within the territorial limits of the 
US from on or about 1 Nov 96 to on or about 17 Feb 97, 
dishonorably fail to pay said debt.  Reduction to Amn, 
45 days extra duty and restriction within the confines 
of McGuire AFB/Ft Dix for 45 days. (Appeal/Denied) (No 
mitigation) 

(2) 2 9  Apr 96, McGuire AFB, NJ  -  Article 128.  You did, on 

or about 17 Mar 96, unlawfully strike AlC n 
-in 
to Amn and 15 days extra duty.  (No appeal) (No 
mitigation) 

the  head  with a bottle.  Suspended reduction 

e.  Additional: Unknown. 

f .   CM:  None 

g .   Record of SV: 09 Jul 93 -  08 Mar 95  McGuire AFB  4  (Initial) 

09 Mar 95 -  31 Dec 95  McGuire AFB  4  (CRO) 
0 1 J a n  96  -  14 Jun 96  McGuireAFB  4  (CRO) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA W/1 OAK LEAF CLUSTER. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (26) Das 
TAMS: (03) Yrs  (10) Mos  (12) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Mar 0 6 .  

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge. 

Issue 1:  I am requesting an upgrade in order to enlist in the Marine Corps 
(per recruiter request).  I am eager to serve again, especially in this time of 
recruitment. crisis &  the war overseas.  I have been an LAC0 Fire Fighter with an 
unblimshed  (sic) record since my discharge. 

ATCH 
None