AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

     
    

AFSN/SSAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION , ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN uoTHC | OTHER DENY
| D4
L Xx
x
r
x
ISSUES A94,53 INDEX NUMBER A49.00 . a
[1_JORDER APPOINTING THE BOARD
2. |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
[4 [BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
fo
HEARING DATE CASE NUMBER
23 Jun 2011 FD-2009-00713

 

 

    

APPLIC) -RATIONALE ARE DI

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

 

 

TO: FROM:

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEM BOARD DECISIONAL RATIONALE FD-2009-00713

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
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.

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 that would justify a change of
discharge.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he desires a new start that an upgrade would provide. The record indicates the applicant
received two Article 15s, and one Letter of Reprimand. His misconduct included making false statement
(2x), disrespectful to two senior noncommissioned officers, wrongful use of government travel card, and
wrongfully completing a load application. In addition, record indicates two CDC failures with scores of
63% for first failure and 57% for second failure. The Board opined that through his failure to progress in
training and these administrative actions, the applicant had ample opportunities to change his performance
and behavior. They found the seriousness of the willful misconduct offset any positive aspects of the
applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety
or inequity to warrant an upgrade of the discharge.

Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on March
28, 2000) that he understood he must receive an Honorable discharge to receive future educational
entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

, AFDRB-BRIEF
NAME (Last, First. Ml): DOCKET # COMPONENT:
FD-2009-00713 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL ALTUS AFB, OK 25 JUN 02 HONORABLE

DOB/ ENLMT AGE: DISCH AGE: FORMER: B. CURRENT DOR: C. TIME LOST:

14 OCT 80 19 21 AMN 30 APR 02 NONE

AFSC: 3A031 - INFORMATION MANAGEMENT DEP DT: ASVAB SCORES:

APPRENTICE 12 FEB 00 .
D. ART 18 / VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC) —
ART 15: 2 LOR: 1 GCM: NONE CDC FAILURE: 2

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
15 MAY 00 - 15 NOV 01 ALTUS AFB 5 (INITIAL)

16 NOV 01 - 15 MAY 02 ALTUS AFB 2 (DBH) REFERRAL
G. AWARDS & DECS: AFTR, NDSM, AFOUA

EAD: 15 MAR 00 DAS: 26 AUG 00° _ | TMS:.2 YRS 4 MOS 14 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: “| NPA/PA: NPA --

TSINOY 09 | T7MARTYCM Co .
RECORDS: | MPR: YES ARMS: NO] STR: YES | ISSUES: YES ATTACHMENTS: YES

AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.26.3 (FAILURE TO PROGRESS IN OJT) & PARA 5.49 (MISCONDUCT: MINOR
DISCIPLINARY INFRACTIONS) hbase Pe A ee :

ART.15; VAC; SCM; SPMC; GCM; ADDITIONAL:

’

      
 

  

            
       
      
  
 

 
  
         

 
 
    
    

TAMS: 2 YRS 3 MOS 11 DAS

-| BOARD REGION:

  

 
     

  

   
   
 

 
   

  
  

  
  

     

  
   

    

LOR: 19SEP 01 - MADE FALSE STATEMENT & DISRESPECTED TWO SNCO.
_ CDC FAILURE: "06 NOV 01. ,- FAILED CDC WITH A SCORE OF 63%, FIRST FAILURE.

CDC FAILURE: 03JAN02 - FAILED CDC WITH A SCORE OF 57%, SECOND FAILURE.
(1) ART 15: 15 APR 02 - (ART 92) WRONGFULLY USED GTC.

(2) ARF 15: - 30APR02 - (ART 107) MADE FALSE STATEMENT.
(ART 134) WRONGFULLY COMPLETED A LOAN APPLICATION.

    
          
     

EXAMINER'S NOTE:

NOTES:

  

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application. )

~ ; i 0 average les per response, melud ch SUNG d e and
maintaii See can OG ioumuin ihe enfocton cf nformalion. Send comments regarding ve Durden estimate or anyother aspect of his colecicn of formation, inching
nang dla rand, ard comlsty and ving fe colecton female, Sad connet repudra Prana o ay ae apa ths clacton of erate,
shail be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
FO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

AUTHORITY: 10 U.S.C. 1553; E.O. 8397. - , ; a
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social

Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
x Beane OFSenvCe eno) | [arany | Twarnecons | [wavy [>< Taieronce. [soa cua

b. NAME (Last. First. Middie inifal) c. GRADE/RANK AT DISCHARGE A SAMAl Cerliprry st nancp

COYYYMMDD) (date is mere han tS years THONORABLE «LR | CHANGE TO HONORABLE
ee [DK GENERALONDER HONORABLE CONDON FSRSaaCRST .
2 O02. Ob 25 T | UNDER OTHER THAN HONORABLE CONDITIONS
3. UNIT AND LOCATION AT DISCHARGE | | BAD CONDUCT (Special court-martial only)
easerananee [UNCHARACTERIZED
| | UNGHARACTERUED Seer oR

OR CHANGE iS REQUEST! ED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

Poge 2) Ph, i ne, Or change is reques tec nocd? fo vt "2é allotmy benefits

Provided me, after my Short bt produce mi dan ry at hive duty Status Lr

conte my edu cut: t only Can gy that he

. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

IDENCE: (Continue in Item 14.
i milay documents or medical records are relevant to your case, please send copies.)

9. TYPE OF REVIEW REQUESTED (X ane)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTA
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| ANDIOR (counse//representalive) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE SOARD IN THE
WASHIGTON. 2 D.c. MeTROrST TAR AREA.

AM& (Last First Middle inital) ANI
(See liam 10 aie ieintctonarabead courcalreprecertatve)

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. if the record in question Is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. if the application Is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full kn mais ES
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
and 1001, provide that an individual shail be fined under this title or imprisoned not more than 5 years, or both)

     

PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
FormPlow/

Designers? O.
13. CONTINUATION OF ITEM 6, ISSUES (If applicable)

help of my NELBiN aad Vader fre Current vequletiins @ AOS Charge
Lrclor gage Ylonorable Cond on Cgent-