AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

SRA 
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R E C O R D R E V I E W  

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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  GEN 

PERSONAL APPEARANCE 

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YES 

No 

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NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

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1)tNY 

ISSUES 

A94.05 

INDEX NUMBER 

A47.00 

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EXHIBITS SUBMTJTED TO TH& BOARD 

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1  APPLICATION  FOR REVIEW OF DISCHARGE 

1  I  ORDER APPOINTING THE BOARD 
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LE'I'l'EK OF NO'I'IFICATION 
BRIEF OF PEKSONNEI.  F[LE 
COUNSEL'S REI.EASE TO TIIE BOARD 
ADDITIONAL EXHIBITS SURMI'1"I'EL) AT TIME OF 
PERSONAL APPEARANCE 

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CASE NUMBER 

TAPE RECORDING  OF PERSONAL APPEARANCP, I I t

 

HEARING DATE 

1  24 May 2007 

I  FD-2006-00379 

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APPLICANT'S IS$lfP AND ME  B O A W S  DECISIONAL RATlONAL ARE DISCUSSED ON THE AITACHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL RAT1ONAm 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to submit an 
application to the AFBCMR. 

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

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w  C/  INDORS&&IENT 

FROM: 

TO: 

DATE:  S/29/2W 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY O F  TIIE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND UR, EE WING, 3RD FLOOR 
ANDREWS APE, MD 20762-7002 

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AFHQ FORM 0-2077, J A N  00 

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(EF-V2) 

Previous edition will  be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m)-2006-00379 

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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He admits that he had past financial problems that no longer exist.  The records indicated the applicant failed 
to maintain readiness due to failure to meet his financial obligations.  A Suitability Determination Report for 
his security clearance was submitted to his commander for review.  The report indicated the applicant had 
filed bankruptcy, was not current on his bills and had plans to file for bankruptcy again.  His failure to 
maintain financial obligations made him unsuitable for continued service.  The Board concluded the 
applicant's  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. 

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 SRA)  (HGH SFW) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr ANG NAS JRB Carswell Field, 
TX on 28 Peb 06 UP AFI 36-3209, para 3.18.7 (Substandard Performance - 
Readiness).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. IJOB:  13 Jan 65.  Enlmt Age: 23 5/12.  Disch Age: 41 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-37,  E-22,  G-42,  M-29. PAFSC: 2T05 -  Traffic Management Office 
Apprentice. DAS: 28 Sep 00. 

b.  Prior Sv:  (1) ARNG 23 Jun 88 -  20 Sep 89.  Svd: 1 yr 2 months 28 days, 

of which AMS is 3 months 22 days. 

12 days  (Tnact ive) . 

(2)  Enlisted ANG  as AB,21 Sep 89 for 6  yrs.  Svd: 7 months 

all AMS.  SPC  (E-4) -  01 Dec 95. 

(3)  Enlisted US Army 5 Jan 94.  Svd: 2  yrs 8  months 2 8   days, 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted ANG  as SrA 28 Sep 00 for 6 yrs. Svd: 05 Yrs 05 Mo 01 Das, of 

which AMS is 3 months 26 days. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 
f .  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFRESM, ARFMS, HSM, NDSM W/1 DEV, ASR, AFTR, JMUA. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (00) Mos  (10) Das 
TAMS:  (03) Yrs  (04) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  I was force  (sic) to separate (sic) for past financial reason that 

happen in the mid 90s, I have since not had any financial problems, and would 
like discharge changed to "Honerable" (sic). 

Issue 2:  I disagree with me being discharged because the financial problems 

I had was in the past, when I was in the U.S. Army.  I am no longer having any 
financial problems, and wish to have my discharge changed to Honerable (sic) 
discharged.  Please let me know what I need to do to make this happen. 

ATCH 
1. Discharge Order. 
2 .   Conditional Waiver. 

DEPARTMENT OF THE AIR FORCE 

Ha I ~ ~ ' A ~ R L ~ F T  WING  (AMC) (?XP1NG) 

200 HENSLEY AVENUE, CARSWELL FIELD 

FORT WORTH, TEXAS 76127-1675 

24 ~eptefnbsr 2505 

MEMORANDUM FOR: 136 MSNbPMPE 

FROM:  138 AW/JA 

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ADMINISTRATIVE DISCHARGE PACKAGE OF Sr~r-------------j 
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1. 

2. 

I  have reviewed the subject discharge package and find It  ltsgalk sufficient 
@.support the  recommlsnded action to he Paken  regarding S$r [::::::::::' : 
:.....;  The  action  is  based  upon  failure  to  maintain  r&dlness  as 
evidenced by bllure to meet his financial abligatlons pursusnt,to AFI  36- 
3208, Chapter 3, Paragraph 3,18,7.  The Letter of Notincation -@as sent to 
the member on 26 June 21105.  The member acknowledged reiklpt on 26 
June 2009. 

The  file  conhins evidence uf  a C;SC  security clearance  andysis.  The 
analysis Indicates that the member has a Simncisl status that Wkss hjm 
unsuitable for continued service.  The Re~pandent did not provfde  mattars 
in his own defense.  The Commander has recommended In h1q23 August 
2005 report  that  the  member receive  a general conditions dii$charge.  1 
concur In that recommendation. 

(. 

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StaflJudgs Advocate 

-  : DEPARTMENT OF THEAIR FORCE 

HQ 136TH AIRLIFT WING (AMCI (ANG) 

FORT WORTH, TX 

SUl3JECX  Letter of Notiiicion for Envoluntaty Discharge 

1.  Z am recommending your discharge from the Texas Air National Guard and as a Reserve of 
the Air Forcc for Failure to Maintain Readiness in accordance with AFI 36-3209, chapter 3, 
paragraph 3.18.7. 

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-. unwilhgness 

2.  .My specEc reason for'this .action is y b  failure  meet f m c i a t  obliptions, and 
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3.  I &n recommendiag you receive a General Dischargt (Under Honorable Conditiops).  The 

listed on attachmat 7. 

to payoff the . deb@ 

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AdjutantGeneral of Texas is the discharge authority for this action. 

4.  You must execute and return within 24 hours aRer receipt an attached achowledgcment of 

receipt of this letter and attachments (Attach 1) 

5.  You are ,mtitled,to: 

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'  .  ~dnsult legal couns&~ilitary.ie~al cohel. cadbe 4bta.i-d by contacting Major 

bt his his%ilian tmploym&t.at (8 17) 882-2 1'3 2. You may also co&ult 

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civilian colunsd at jro&  own expese or request military counsel of your choice if 
such counsel is'senring in an active status in my branch of the U. S. armed forces and 
is reasonably available. (Attach 2) 

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b.  Submit, at any time, any statements or documents to be considered in the . 

disposition of the case ( A w h  3).  The request for, or waiver of, board hearing does 
not d e c t  your right to submit such statements or documtnts at any time. 
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o.  An administrative ,&schargq bbard.he&ng,(~ttyh 4) 

d.  Youraay,waive your right to Ibgal cowel and the submission of astatement or 

doc&ents  in your behalf, & wall a s . h  right to ai W s t r a t i v e  discharge board 
hearing. C o d t  with counsel before you make t i i s  decision, You have 15 days (30 
days Sin civil confinement) to returpturpan Unconditional or Conditional Waiver 
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showing the decision you have made .on each of the rights in the above pampphs. 
(Attach5 & 6) 

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e.  Request an extension of time to reply.  You or your legal counsel must submit a 

written request for such delay, statrug the reasons and how much time is needed.  The 
decision Whtte~ to  ant the additional time is discretionary with the appropriate 
authority. 

f,  In  ackrdance with MI 36-3209, para 4.12.2,1, mcmbera who RECEIVED ADVANCED 

EDUCATIONAL ASSISTANCE MONEYS OR S P E U  PAY OR BONUS may be 
required ta =pay  the US for these moneys under the authoririty of Title 10 U.S.C., Section 
2005. Although this paragraph is only listed under the officer section, it does pertain to 
enlisted individuals as well. 

6.  Failure to acknowledge receipt (Attach 1) or to respond yegarding selection of rights within 15 

days (30 days if in civil continement) after rcceipt of the Letttr of NotScation (LON) 
constitutes a waiver of all ri@h.  As a re$tt;you will receive no Mcr notice and the case 
will be processed based od.& 

infoqnation 
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av&able. 

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1.. , Admowledgcmmf of ~ e c e . i ~ t  of ~ o t i c c  +Iu~olutary ~iaohwie Proessing 

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.  4, -  Rquest for an A:tlmini$tritiyt ~i$&&.B.o&  HQ-  .  .. . ,  '. 
5:  ' Uncon&tiogal Waiver.' 
.6. Couditiopal Waiver 
7.  Support Dqcumontation 

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