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AF | DRB | CY2007 | FD2006-00256
Original file (FD2006-00256.pdf) Auto-classification: Denied
AIR FORCE  DISC:HAKGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAST, FIRSI' M1I)L)I.I'.  INl'l'li\l.) 
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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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RECORD REVIEW 

ADDRESS AND OR ORGANILATION OF COllNSEL  -7 

MEMBER SITTING 

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VOTE QF THE BOARD 
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A93.01 
A94.05 

INDEY NUMBER 

A49.00 

IIEARINC DATE 

C l S E  NUMBER 

Case heard  in Washington,  D.C. 

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EXHlSXTS SIJBMITTED 'I'O ' W E  BOARD 

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1  I  ORDER APPOIN I'ING  THE BOARD 

- 

AI'I'LICATION  FOR  REV1 EW OF DISCHARGI' 

COUNSEL'S  RF.I.F.ASE TO THE BOAR11 

PERSONAL APPEARANCE 

TAPE KECDRDMG OF PERSONAI. APPEARANCI;  1111 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without counsel, and the right to s i ~ b ~ l l i t  an 
application to the AFBCMR. 

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

+ Reason and Authority 
* Reenlistment Code 

I, ....................................................................................................................... 

INDORSEMENT 

DATE:  2R3RW 

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1 0 :  

1 

SAFIMRHR 
550 C STKEKI' WES'I, SUI'I F. 40 
RANDOLPH AFB. TX 78 150-4742 

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

F T ) I \ \ I .  

SECRETARY  OF THE AIH FOHCE PERSONNEL COlINCII. 
AIR  FORCE DISCIIARCE REVIEW BOARI) 
1535 COMMlND DR, EE WINC. 3RD FLOOK 
ANDRELI'S :\FB. M D  20762-7W2 

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P r e v ~ o i ~ s  editton M 1 1 1   be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KATIONALE 

CASh NLJMRER 

FD-2006-00256 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  l~onorable, to  change  the  reason  and 
authority for the discharge, and to change the reenlistment  codc. 

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 [actors  leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code is denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  thc  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUES: 
Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant rcceived two Letters of Reprimand, one Record of Individual Counseling and ten Memorandums 
for Record for misconduct.  'I'he misconduct included numerous instances of financial irresponsibility, 
housing inspection failure, cviction from base housing for multiple inspection failures, failure to pay rent, 
causing damage to the apartment next door, and a civilian traffic ticket for no automobile insurance. The 
DRB opined that through these administrative actions, the applicant had ample opportunitics to change his 
negative behavior.  The Board concluded the misconduct was a significant departure from conduct expcctcd 
of all military members.  The characterization of the discharge received by  the applicant was found to be 
appropriate. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made whcn young. 
The DRB recognized the applicant was 22 years of age when the dischargc took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
than the vast majority of iirst-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. 

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 vicw 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 

_ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - ,  

(~ormer A1C)  (WGH A1C) 

1 .   MATTER  UNDER  REVIEW:  Appl recld a GEN Disch fr USAF Charleston AFB, SC on 20 
Aug 99 UP AFI 36-3208, para 5.26.4  (Unsatisfactory Performance).  Appeals for an 
Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Nov 76.  Enlmt Age: 19 7/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-51,  G-52,  M-55. PAFSC: 2T231 - Air Transportation 
Apprentice. DAS: 8 Mar 97. 

b.  Prior Sv: (1) AFRes 19 Jul 96 -  22 Oct 96  (3 months 4  days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Oct 96 for 4 yrs. Svd: 02 Y r s   09 Mo 28 Das, all AMS. 

b.  Grade Status:  A1C -  23 Feb 98 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: MEMO, 26 MAY 99 -  Financial irresponsibility. 
MEMO, 14 MAY 99 -  Financial irresponsibility. 
LOR, 03 MAY 99 -  Financial irresponsibility. 
MEMO, 06 APR 99 -  Financial irresponsibility. 
MEMO, 05 APR  99 -  Financial irresponsibility. 
MEMO, 18 MAR 99 -  Financial irresponsibility* 
MFR, 27 JAN 99 -  Failure to pay rent, causing damage  to the 

apartment next door, and traffic ticket 
for no insurance. 

LOR/UIP, 8 SEP 98 -  Financial irresponsibility. 
MEMO, 05 SEP 98 -  Financial irresponsibility. 
STAFF SUMMARY, 15 APR 98 -  Family Housing inspection 

RIC, 17 DEC 97 -  Financial irresponsibility. 
MFR, 12 AUG 97 -  Financial irresponsibility. 
MEMO, 11 AUG 97 -  Housing inspection failure. 
MEMO, 16 JUL 97 -  Housing inspection failure. 

failure, 

f .   CM:  None. 

g .   Record of SV: 23 Oct 96 -  22 ;Tun 98  Charleston AFB  4  (Initial) 

23 Jun 98 -  22 Jun 99  Charleston AFB  1  (Annua1)REF 

a 

DEPARTMENT OF THE  AIR  FORCE 
HEADQUARTER8  4@7TH AIRLIFT  WING  (AMG) 

1 

------------------------------------------------. 
MEMORANDUM FOR A1 C I .-.-.-.-.-.-......-----------.----------------- 

437 APS 

FROM:  437 APSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 
Unsatisfactory Performance specifically, Irresponsibility in the Management of Personal 
Finances.  The authority for this action is AFI 36-3208, paragraph 5.26.4.  If my 
recommendation is approved, your service will be characterized as honorable or 
general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 4 Jul97, you wrote a check without sufficient funds in the amount of $22.09 to 
the CAFB Commissary.  For this conduct, you receiveda verbal counseling, evidenced 
by a Memorandum For Record (MFR), dated 12 Aug 97 (Atch la). 

b.  On 9 Jul97, you wrote a check without sumcient funds in the amount of $13.45 to 
the CAFB Commissary.  For this conduct, you received a verbal counseling, evidenced 
by a Memorandum For Record, dated 12 Aug 97 (Atch la). 

c.  Between 12 Aug 97 and 17 Dec 97, you wrote several checks without sufficient 
funds (amounts unknown) and were repeatedly derelict in the managementlannotation 
of your checkbook.  For this conduct, you received a Record of Individual Counseling, 
dated 17 Dec 99 (Atch I b) and you were er~rolled in a Checkbook Management course. 

d.  As of 2 Sep 98, you failed to pay your rent on time for two months.  Specifically, 
you were over 30 days delinquent on your rent for Aug 98 and 2 days late for Sep 98. 
For this conduct, you received a Letter of Reprimand wlatch, dated 8 Sep 98 (Atch lc), 
andan Unfavorable Information File (UIF) wlatch, dated 8 Sep 98 (Atch Id). 

e.  On 5 Sep 98, you wrote a check without sufficient funds in the amount of $1 90.97 

to the CAFB Commissary.  This fact is evidenced by Defense Commissary Agency 
hnemorandum wlatch, dated 5 Sep 98 (Atchle).  This conduct was belatedly noted in a 
Letter of Reprimand, dated 3 May 99 (Atch 1 k). 

f.  On 15 Jan 99, you were evicted from Oakridge Townhouses for failing to pay your 
rent for three months-which  you had still not paid as of 27 Jan 99.  Additionally, while 
moving, you damaged the apartment next to the one you were moving out of and you 

AMC--GLOBAL  REACH FOR  AMERICA 

also received a traffic ticket ($348.00) for not having car insurance. These facts are 
evidenced by Memorandums For Record wlatchs, dated 27 & 28 Jan 99 (Atch If). 

g.  Between 9 Dec 99 and 3 Jun 99, you dishonorably faif d to pay a just debt. 

Specifically, you purchased jewelry ($1,030.00)  in Dec 98 and agreed to pay Consumer 
Adjustment Company (CAC) via an allotment $96.00 a month.  You started an allotment 
in Dec 98 and made the first payment on 1 Jan 99, however, on I 1  Jan 99 you stopped 
that allotment and have not made a payment since.  In addition, on 26 Mar 99, you lied 
to CAC about an allotment in place.  These facts are evidenced by a Memorandum 
from Consumer Adjustment Corporation wlatchs, dated 18 Mar 99 (Atch 1 g).  For 'this 
conduct, you received a Letter of Reprimand, dated 3 Jun 99 (Atch I k). 

h.  As of 6 Apr 99, you failed to pay a just debt.  Specifically, you owed your landlord 

$450.00 rent.  In addition, you lied to yol.lr  supervisor 
made with the landlord.  You informed TSgti -----------, 
paid the debt, when in fact, you did not.  These facts are evidenced by a Memorandum 
for Record wlatchs, dated 6 Apr 99 (Atch I h). 

, 
: your supervisor, that you had 

-  - - - - - - - - - - - about 

the arrangements you 

i.  On 15 Apr 99, you wrote a check without sufficient funds in the amount of $75.00 

to Arnn Boone to repay a loan he made you.  This fact is evidenced by a Memorandum, 
dated 5 Apr 99 (Atch li).  For this conduct, you received a Letter of Reprimand, dated 3 
Jun 99 (Atch 1 k). 

j.  On 26 May 99, you failed to pay a just debt.  Specifically, you failed to pay an 

outstanding past due debt of $39.00 to DPP.  As a result, your DPP account was 
suspended.  This fact is evidenced by a Memorandum from the DPP Service Center, 
dated 26 May 99 (Atch Ij). 

k.  On 24 Jun 99, you received a referral "1" rating on your EPR this was a marked 

decline from your "4" rating on your previous 22 Jun 98 EPR. 

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 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. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  An appointment will be made for you to consult the Area Defense Counsel, 
963-4416,  Building 503, Room 119 upon issuance of this notification.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you 
want the separation authority to consider must reach me by  10A4<4\  a \ b b  
unless 
you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

7.  You have been scheduled for a separation briefing at Personnel Relocations, 
Bldg 503, at .W o W A u   99. 
14m  9  & 

8.  You have been scheduled for a medical examination.  You must report to 
437th Medical Group. Physical Exams at 0730 on&Aug  99 for the examination. 

9.  Your Transition Assistance Briefing is scheduled at 4-3430 on4Aug 99 in the Family 
Support Center (Bldg 255), with Mr. Wright. 

/"b 

/&  l@ 

10.  Any personal information you furnish in rebuttal is covered b  the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use at the 437  Aerial Port Squadron 
Orderly Room. 

t 

11.  Execute the attached acknowledgment and return it to me immediately, 

Attachments: 
1.  Documents Supporting Basis for Discharge 

a.  Memorandum For Record wlatchs, dated 11 Aug 97 
b.  Record of Individual Counseling, dated 17 Dec 97 
c.  Letter of Reprimand, dated 8 Sep 98 
d.  Unfavorable Information File wlatch, dated 8 Sep 98 
e.  Memorandum wlatch, dated 5 Sep 98 
f.  Memorandum For Record wlatchs, dated 27 Jan 99 
g.  Consumer Adjustment Memorandum. wlatchs, dated 18 Mar 99 
h.  Memorandum wlatchs, dated 6 Apr 99 
i.  Memo, dated 5 Apr 99 
j.  Memo,  dated 26 May 99 
k.  Letter of Reprimand, dated 3 May 99 

2.  Other Derogatory Data 

a.  Memorandum wlatchs, dated 16 Jul 97 
b.  Staff Summary Sheet wlatchs, dated 15 Apr 98 
c.  Memo, dated 14 May 99 

3.  Airman's Receipt of Notification Memo 



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