Search Decisions

Decision Text

AF | DRB | CY2007 | FD2006-00427
Original file (FD2006-00427.pdf) Auto-classification: Denied
AIR  FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST 1M1l)Dl-E INITIAI.) 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

.-.-.-....-.-.-....----------------: 
rYpE  GEN 

PERSONAL APPEARANCE 

NAME OF COIJNSEL AND OR ORCANIZ4TION 

GRADE 

SKA 

AFSNISSAN 
------------------ 

'.-....-.-.-....-c 

RECORD REVIEW 

X 
AI)I)RESS AND OR ORGANIZATION OF COIJNSEL 

Yb< 

No 

X 

I 

I 

MEMBER SITTING 

VOTE OF THE BOARD 

7 GEN 

1  "UOI'HC^'rOTHER -1lltNi A 

ISSUES 

A92.35 

IlrDFX 211WBER 

A17.00 

---  I I  

EXHlBl'rS SIJBMITTED TO THE BOARD 

I 
1 
2 
3 
4 

ORDER APPOINTING 'I'HE  BOARD 
AI'PI.ICATION  FOR REVIEW OF IIISCHARGE 
LETTER OF NOTIPICA'I'ION 
BRIEF OF PI-'.RSONNEL I:II,F. 
COUNSCI,'S  RELEASE TO 'THE B0AR.I) 
ADDI'I'IONAL  EXHIDI'I'S SUBMITI'FII AT TIMI: C)b' 
PERSONAI. AI'I'EARANCE 

TAPE RECORDING OF PERSONAI. APPEARANCE HEARING' 

HEARING  DATE 

CASE NUMBER 

Ease heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to submit an 
~pplication to the AFBCMR. 

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

X - Upgrade of discharge, change of reason and authority for discharge, and change of reenlistment code are 
ienied. 

550 C STREET WEST, SUI'TF. 40 
KANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCII. 
AIR FORCE DIS(:HARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FI.OOR 
ANDHEWS AFB, MD 20762-71mz 

I 

(EF-V2) 

Previous edition will be used 

AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F~-2006-00427 

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 offered a personal appearance beforc the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on thc 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 the  applicant  submittcd  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 that  would justify  a change of 
discharge. 

ISSUE:  The applicant contends her discharge was inequitable because it was too harsh and based on one 
isolated incident in her career.  The records indicated the applicant received a general, under other than 
honorable conditions, discharge from the New York Air National Guard for failure to meet financial 
obligations. The Board found that the applicant submitted no issues contesting the equity or propriety of the 
discharge. 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. 

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 SSGT) 

DISCHARGE DOCUMENTS MISSING 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr ANG  Westhampton Beach, NY on 
1 Feb 03. UP AFI 36-3209, Chapter 3, para 3.21.2.4 (Failure to Meet Financial 
Obligations).  Appeals for Honorable Discharge, to Change the RE Code, and Reason 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Apr 75.  Enlmt Age: 19 3/12.  Disch Age: 27 9/12. Educ: HS DIPE. 

AFQT: N/A.  A-93,  E-67,  G-74,  M-41. PAFSC: 3M051 -  Services Journeyman. 
DAS: 15 Jun 00. 

b.  Prior Sv: (1) USCGRes 3 May 94 -  25 Jul 94 (2 months 23 

days) (Inactive) . 

months 16 days, all AMS. 

(2) Enlisted USCG as E-1 26 Jul 94 for 4 yrs,  Svd: 3 y r s 7  

months 25 days  (Inactive). 

(3)  Enlisted NYANG as SrA 16 Apr 99 for 6 yrs.  Svd:  1 yr 4 

3.  SERVICE UNDER REVIEW: 

a,  Reenlisted NYANG as SrA 11 Sep 00 for 6 yrs. Svd: 02 Y r s   04 Mo 21 Das, 

of which AMS is 4 months 11 days. 

b.  Grade Status:  SrA -  01 Feb 03  (Demotion, 24 Feb 03) 

SSgt -  04 May 02 

c.  Time Lost:  None, 

d.  Art  15's:  None. 

e.  Additional: Unknown. 

f.  CM:  Unknown. 

g.  Record of SV: Unknown. 

h.  Awards &  Decs:  AFLSAR, AFTR, CGGCM, NDSM W/1 DEV, RM W/M, AFOUA W/1 

DEV, CGUC W/1 DEV, SOUA, MTCR. 

i.  Stmt of Sv:  TMS:  (07) Yrs  (07) Mos  (25) Das 
TAMS:  (03) Yrs  (11) Mos  (27) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Oct  06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 

HEADQUARTERS 

NEW YORK AIR NATIONAL GUARD 

330 Old Niskayuna Road 
Latham, NY 12110a2224 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

i 
SRA  I .-.-.-.-.-.-.-.-.---------------------------------- 
.................................. 
)  is relieved  From  assignment with  the  106"  Services 
Flight  (PAS:  H4ICFCZS) 150  Rivcrhcad  Road,  Gabreski  Airport,  Westhampton 
Beach, NY 11978 and  is  given a General  (Under Honorable Conditions) Discharge 
from the New Yo&  Air National Guard and as a Rcscrve of the Air Force cfftcrivc 19 
March 2003. Authority: Chapter 3, para 3.21.2.4,  AFX 36-3209. 

I  (Mailing  address: ; -.-.-.-.-.- 

19 March 2003 

I .......... -. 

FOR THE ADJUTANT GENERAL 

(I 
I .-------------------------------------------------------- 
Superinrendant, Enlisted Personnel Programs 

DISTRIBUTION 
1 -HQ NYANGAlP 
1- 106 RQWMSFfDP 
I -DMNA/MNHF-PM 
I-HQ ARPCfDPSRP 
1 -Individual 



Similar Decisions

  • AF | DRB | CY2007 | FD2005-00046

    Original file (FD2005-00046.pdf) Auto-classification: Denied

    COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WINC, JRD FLOOR ANDREWS AFB, MD 10761-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NLIMHER FD-2005-00046 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...

  • AF | DRB | CY2007 | FD2006-00405

    Original file (FD2006-00405.pdf) Auto-classification: Denied

    I I 22 Mar 2007 APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON TllE ATTACHED AIR FORCE DlSCliARGE REVIEW BOARD DECISIONAL RATIONALE FD-2006-00405 Case heard in Washington, D.C. Advisc applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an application to the AFBCMR 1 Names and votes will bc madc available to thc applicant at the applicant's request. g. Record of SV: Unknown. (Change Discharge to...

  • AF | DRB | CY2007 | FD2006-00251

    Original file (FD2006-00251.pdf) Auto-classification: Denied

    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 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. Because applicant's discharge file was unavailable to the Board for review, the...

  • AF | DRB | CY2006 | FD2005-00334

    Original file (FD2005-00334.pdf) Auto-classification: Denied

    - SECRET.\R\ OF THE AIR FORCE P E R S O h E L C O L C l L AIR FORCE DISCHARGE REVIEW BOARD 1535COMMAhn DR. EE H'lNC.3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 1 6 2 - 1 0 0 2 ~ ~ AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOAR11 DECISIONAL RATIONALE CASE NUMBER FD-2005-00334 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Under Other Than Honorable discharge for misconduct, commission...

  • AF | DRB | CY2004 | FD2004-00161

    Original file (FD2004-00161.pdf) Auto-classification: Denied

    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 | CY2007 | FD2006-00283

    Original file (FD2006-00283.pdf) Auto-classification: Denied

    MEMBER SITTING 7 4 4 + b.-..-..-..-..-..-..-..-..-..-..-.l ISSITES A95.00 AO1.OO INDEX NIlMnER A66.00 GRADE SRA AFSNISSAN I - - - - - - - - - - - - - - - C.-..-.-..-..-.I RECORD REVIEW X ADDRESS AND O R ORGANIZATION O F COUNSEL VOTE OF THE BOARD HON GEN UOTHC OTI IER , - - ... , ~ DENY X X X X X 1 2 - 3 4 EXHIBITS SUBMITTED TO THE BOARD ORDER APPC)IN'I'ING 'I'HE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO Tl[C BOARD ADDITIONAL...

  • AF | DRB | CY2003 | FD2002-0426

    Original file (FD2002-0426.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0426 GENERAL: The applicant appeals for upgrade of discharge to Honorable. If you elect to exercise your right to submit statements, and you return the attached form (Atch 4) within 15 days of receipt, you may submit statements or documents at any time during the administrative discharge process. d Your failure to submit any form or to submit a written request for additional time to respond to the separation action...

  • AF | DRB | CY2003 | FD2002-0305

    Original file (FD2002-0305.pdf) Auto-classification: Denied

    AFHQ FORM 0-2077, JAN 00 \ CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 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. The Board concluded member’s misconduct was an extremely significant departure from conduct expected of all military members, and further noted...

  • AF | DRB | CY2007 | FD2006-00415

    Original file (FD2006-00415.pdf) Auto-classification: Denied

    MI) 20762-7002 AFHQ FORM 0-2077, .JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE CASE NUMBER FD-2006-00415 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason for the discharge, and to change the reenlistment code. The issue continued until I received a Article 15. CERTIFICATION AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

  • AF | DRB | CY2007 | FD2006-00214

    Original file (FD2006-00214.pdf) Auto-classification: Denied

    Unfortunately, applicant's discharge processing files were unavailable to the Board for review due to being missing from the record. 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. (No appeal) (No mitigation) (2) 4 Feb 9 8 , McClellan AFB, CA - Article 113.