VAME OF SERVICE MEMBER (I.AS'l', FIRST MII)DI,E INITIAL)
GRADE
AFSNISSAN
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
MEMBER SITTING
--------------------------------------.
ISSllES
A94.05
INDEX NUMBER
A67.90
1
2
4
I ORDER APPOINTING THE ROARD
1 APPLICATION FOR IiEVIEW OF DISCI-IAKGE
1 HKIEF OF PERSONNEL FILE
1 COUNSF.I.'S RELEASE TO THI: HOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIMI- OF
PERSONAI. AI'I'EAUNCE
TAPE RLCORIIING OF PERSONA1 AI'PEARANCE HL
HEARING DATE
CASE NUMBER
20 Feb 2007
APPI.ICAKT'S ISSIIF: ANU THF BOARD'S DEClSlONAl RATlOUAL AR.E DISCUSSED ON I'HE 4TTACtIEl) AIR FORCE DISCHARGE REVltW ROARD DECISIONAL RATlOYhLE
FD-2006-00251
I
I
I
2ase heard in Washington, D.C.
4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an
~pplication to the AFBCMR
Varnes and votes will be made available to the applicant at the applicant's request.
550 C STREET WEST, SIJITE 40
RANDOLPH AFB, TX 78 150-4742
SECRETARY OF THE AIR FORCE PERSONNEL COUNCII.
AIR FORCE DlSCllARCE REVIEW BOARD
1535 COMMAND nR. EE WING. JRD FLOOR
ANDK&\VS AFR, MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00251
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:
Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant
received an Article 15 for misconduct. The Article 15 was administered for failure to obey a lawful order to
remain in Parachute Room 1 and stealing $80.00, the property of a non-commissioned officer. Applicant
was punished with a reduction to Airman First Class and suspended forfeiture of pay for two months.
Because applicant's discharge file was unavailable to the Board for review, the Board was unable to
conclusively ascertain the nature of misconduct on applicant's part that formed the basis for the discharge.
The Board also could not determine if member consulted counsel or submitted statements in his own behalf
at the time of the discharge. When requested to provide any pertinent information he may have about the
discharge file or his record of service, applicant did not provide any relevant information. Since there is no
evidence to substantiate any inequities or improprieties, the Board relies on the presumption of regularity
and finds the discharge proper and without basis for 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
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AlC) (HGH SRA)
DISCHARGE PACKAGE MISSING
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr USAF Barksdale AFB, LA on 24
Oct 97 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial
to Good Order and Discipline). Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 17 Aug 74. Enlmt Age: 17 7/12. Disch Age: 23 2/12. Educ: HS DIPL.
AFQT: N/A. A-70, E-63, G-48, M-49. PAFSC: 2A754 - Fabrication and Parachute
Journeyman. DAS: Unknown.
b. Prior Sv: (1) AFRes 7 Apr 92 - 16 Jun 92 (2 months 10 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 17 Jun 92 for 4 yrs. Extended 24 Jun 94 for 23 months,
Svd: 05 Yrs 04 Mo 08 Das, all AMS.
b. Grade Status: ALC - 02 DeC 96 (Article 15, 02 Dec 96)
SrA - 17 Oct 94
c. Time Lost: None.
d. Art 15's: (1) 2 Dec 96, RAF Mildenhall, UK - Article 92. You, having
,....-.-......-"",
---
knowledge of a lawful order issued by MSgt
: to remain in Parachute room 1 of building
, - - - - - - - - - - -
-----------------
558, an order which was your duty to obey, did, on or
about 9 Oct 96, fail to obey the same by leaving that
room. Article 121. You did, on or .-.-......-......-.------I------
steal $80.00, the property of SSgt : ............................... :-
Reduction to AlC. Suspended forfeiture of $150.00 pay
per month for 2 months. (Appeal/Denied) (No mitigation)
about 9 Oct 96
C.-......-.-....-.'
e. Additional: Unknown.
f. CM: None.
g. Record of SV: 17 Jun 92 - 15 Sep 94 RAF Mildenhall 5 (Initial)
16 Sep 94 - 15 Sep 95 RAF Mildenhall 3 (Annual)
16 sep 95 - 31 May 96 RAF Mildenhall 3 (CRO)
01 Jun 96 - 31 May 97 RAF Mildenhall 2 (Annua1)REF
h. Awards & Decs: AFLSAR, AFTR, AFOUA W/2 DEVS, AFGCM.
i. Stmt of Sv: TMS: (05) Yrs (06) Mos (18) Das
AF | DRB | CY2004 | FD2004-00161
During this time, the applicant's commander inappropriately used hearsay and opinion in a letter he wrote to the Medical Evaluation Board. S E R V I C E UNDER REVIEW: a. Reenlisted as SrA 26 Sep 94 for 6 yrs. Medical Board Review.
AF | DRB | CY2003 | FD2003-00308
In addition, he received a Letter of Reprimand, twelve Records of Individual Counseling and two Letters of Admonishment for financial irresponsibility, violation of Tech Data, dereliction of duty, violation of AFOSH Standards, failure to perform tool box inspection, failure to properly inspect vehicle, late for duty, substandard workmanship, and for dress and appearance violations. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB,...
AF | DRB | CY2003 | FD2003-00153
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD2003-00153 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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. On or about 30 Mar 96, you misused your Government American Express card, as evidenced by a letter of reprimand dated 19 Jun 96 (atch lb).
AF | DRB | CY2004 | FD2004-00150
CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with thc 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. Prior Sv: (1) AFRes 5 Apr 89 - 16 Nov 89 (7 months 12 days) (~nactive) . SERVICE UNDER REVIEW: eenlisted as SrA 24 Feb 9 b. Grade Status: AB - 5 Oct 94 (Article 15, 5 Oct 94) c. Time Lost: None.
AF | DRB | CY2006 | FD2005-00396
The records indicated the applicant received an Article 15, a Vacation, four Letters of Reprimand, a Letter of Admonishment and two Records of Individual Counseling for misconduct. The applicant had further misconduct and received an Article 15 and Vacation for failure to go to appointed place of duty on three separate occasions and failure to wear Chef Whites while perfomling duties at the dining facility. For your misconduct, you received a Record of Individual Counseling dated, 30...
AF | DRB | CY2001 | FD01-00063
The records indicated the applicant received two Article 15s and a Letter of Reprimand for misconduct during his time of service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other information contained in the records. Article 15, dtd 14 Jan 94 w Atch’s
AF | DRB | CY2003 | FD2003-00212
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0212 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code. f. On or about 20 Nov 94, you were derelict in the performance of your duties in that you willfully failed to stop during a routine traffic stop by ‘7 as it was your duty to do so, for which you received an Article 15 dated 6 Jan 95, with a reduction to the grade of...
AF | DRB | CY2003 | FD2003-00011
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0011 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Applicant's Rebuttal to Discharge w/20 Atchs. Attachments: Letter of Reprimand dated 30 Oct 96 .
AF | DRB | CY2004 | FD2004-00096
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used ANDREWS AFB, MD 20762-7002 AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD~2004~00096 GENERAL: The applicant appeals for upgrade of discharge to Honorable. However, based upon the record and evidence provided by applicant, the Board finds the characterization of service inequitable. On 15 Mar 95, you received an Article 15 for failing to maintain sufficient funds in your checking account.
AF | DRB | CY2006 | FD2006-00098
The applicant was administratively disciplined for losing his military identification card on four separate occasions, financial irresponsibility, and dereliction of duty. The characterization of the discharge received by the applicant was found to be appropriate. (Change Discharge to Honorable) Issue 1: I feel my discharge was inequitable considering my dedicated service up until my last year of service.