AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC ee
RECORD REVIEW

 

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

 

 

HON GEN voTHC | OTHER DENY

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES

A94.06 INDEXNUMBER 4g 6-9 1.)
A93.24

 

 

 

 

ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE

 

HEARING DATE

15 Jan 2004

CASE NUMBER

FD-2001-0071

 

APPLICANT S1SSUE

 

i Case heard at Washington, D.C.

+ Secretarial Authority

 

 

 

 

 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR

 

 

SAF/MRBR ;
550C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78]50-4742

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MO 20762-7002

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

 

 

Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2001-0071

‘| GENERAL: The applicant appeals for upgrade of his General discharge to Honorable.

The applicant made a personal appearance before the Discharge Review Board (DRB) accompanied by his
father, “eae whom both testified under oath. ‘Cilitienagnednneilliii,
American Legion, represented the applicant. The applicant provided the following additional exhibits for the
Board’s consideration:

Exhibit 6: Transcript from Empire State College, dated 5 November 2003

Exhibit 7: Four separate character letters.

Exhibit 8: Certificate of participation—National Electrical Benefit Fund.

Exhibit 9: Certificate of completion—Basic UNIX, dated 3 April 1998.

Exhibit 10: Team of the Quarter July-Sep 1998; letter from Lt Col BH dated 29 Sep 1998.

Exhibit 11: VA rating decision dated 5 August 2003.

Exhibit 12: Letter from social worker, dated 27 July 2003.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: The Board grants the requested relief.

The Board's review of the record revealed that the applicant was discharged in January 2001 with a general
discharge, primarily for misconduct (minor disciplinary infractions). The applicant’s discharge notification
also contained a mental disorder as the secondary basis for discharge.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

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 that the applicant was provided full administrative due process. Nonetheless, in
view of the relatively minor nature of the applicant’s misconduct when juxtaposed with his previous
excellent duty performance, the Board concluded that the applicant’s then existing and continued mental
health issues provided sufficient mitigation to warrant the upgrade of the applicant’s discharge
characterization and reason.

Therefore, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge is
more accurately described as Secretary Authority. The applicant’s characterization and reason for discharge
should be changed accordingly under the provisions of Title 10, United States Code, Section 1553.

Attachment:
Examiner's Brief
; FD-01~-00071

DEPARTMENT OF THE AIR FORCE ,

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

SE (Former SRA) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/01/03 UP AFI 36-
3208, para 5.49 & 5.11.1 (Misconduct - Minor Disciplinary Infractions, and

Mental Disorder). Appeals for Honorable Disch.
2. BACKGROUND:

a. DOB: 75/04/17. Enlmt Age: 20 4/12. Disch Age: 25 8/12. Educ:14 yrs.
AFOT: N/A. A-79, E-67, G-70, M-52. PAFSC: 1N651 - Electronic Systems
Security Assessment Journeman. DAS: 98/05/15.

b. Prior Sv: AFRes 95/08/21 - 95/11/28 (3 months 8 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enid as AB 35/11/29 for 4 yrs. Ext: 98/02/04 for 19 months. Svd: 5
Yrs 1 Mo 5 Das, all AMS.

b. Grade Status: SRA - 98/11/29
Alc - (EPR FEndicates) :95/11/29-97/07/28
AMN - 96/05/29

c. Time Lost: none.

d. Art 15's: (1) 00/08/30, Hickam AFB, Hi - Article 91. You, ofa 21 Aug
00, were disrespectful in language toward TSgt ------- '
a noncommissioned officer, then known by you to be a
noncommissioned officer, who was then in the execution
of his office, by saying to him, "you fucking NCO's
always think you are right," or words to that effect.
Rdn to Alc, forfeiture of $100.00 pay per month for two
months (both suspended till 1 Mar 01), 45 days extra
duty and a reprimand. {No appeal) (No. mitigation)

@. Additional: LOC, 04 DEC 938 - Failed Dorm room inspection.
LOR, 10 SEP 99 - Failed Dorm room inspection.
LOR, 14 SEP 99 -— Failure to pay just debt.
LOR, 26 APR OG - Failure to pay just debt.
LOR, 21 JUN 00 - Failure to report.
Loc, 23 AUG QO - Misuse of government equipment.

£. CM: none.

g.- Record of SV: 95/11/29 97/07/28 Brooks AFB 5 (initial)
97/07/29 98/04/15 Brooks AFB 5 = ({(CRO)
98/04/16 99/04/15 Hickam AFB 4 (Annual}
FDO1-CO0O071

99/04/16 00/04/15 Hickam AFB 3. (Annual)
00/04/16 00/11/01 Hickam AFB 1 (Cmdr Dir) REF
(Discharged from Hickam AFB)

h. Awards & Decs: JSAM, AFAM, AFLSAR, AFTR, SWASM, NDSM, AFOUA, APFGCM.

i. Stmt of Sv: TMS: (5) Yrs (4) Mos (13) Das
TAMS: (5) Yrs (1} Mos (5) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd O1/01/10.
(Change Discharge to Honorable}

Issue 1: I wish the board hears and understands that I, SrA ----- was an
excellent troop prior to my car accident in December of 1997 (Proof/Documents
sumitted). Additionally, sometimes life deals us a bad hand & these
situations are hard to ignore or overcome, unfortunately this one was one of
them (a death of a close friend). On my behalf, I only wanted to do my best
in the Air Force & to prove if I voluntarily went to Mental Health weekly for
counseling it help me overcome my situation.

ATCH

1. Memorandum For 15 ABW/CC, 06 Nov O00.

2. Memorandum For BG Redmann, 06 Nov OO.

3. Memorandum For Separation Authority, 06 Nov O00.
4, Characterization Statement.

5. Nomination for Award.

6. Two Performance Feedback Worksheets.

01/03/08/ia
fPaAl-COd//

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

7 Dec 00

MEMORANDUM FOR 15 ABW/CC

 

FROM: 15 ABW/TA

SUBJECT: Administrative Discharge Legal Review - SrA Se.

1. ISSUE: On 9 Nov 00, Lt Col SMM 352 IOS/CC, recommended that
SrA William F. Cort, Jr., be administratively discharged from the United States Air Force under
AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative
Separation of Airmen, Chapter 5, paragraphs 5.49 and 5.11.1. Lt Col Shas recommended
that the primary basis for discharge be for minor disciplinary infractions that constitute a pattern
of misconduct, under paragraph 5.49. The secondary basis for discharge is for mental disorders
that constitute a condition that interferes with military service, under paragraph 5.11.1.
Lt Cok@iiiteasks that SrtA ischarge receive a General characterization without
probation and rehabilitation (P&R).

 

2. OPTIONS: As the separation authority, you may:
a. Direct retention of SrA if his retention is in the best interest of the Air Force; or
b. Direct separation with an Honorable characterization, with or without P&R; or
c. Direct separation with a General characterization, with or without P&R; or

d. Direct an administrative discharge board to convene. If convened, the discharge board
will determine a basis for discharge and may recommend P&R and an appropriate discharge,
which could include an Under Other Than Honorable Conditions (UOTHC) characterization.

3. FACTS: I have reviewed the proposed separation action against SrA (qq

352" Information Operations Squadron, Hickam AFB, HI, and find it procedurally and legally

sufficient to support separation, subject to insertion of his medical examination in the record.

a. GOVERNMENT?’S CASE: This discharge action is based upon a pattern of minor

disciplinary infractions and mental disorders. The primary basis for the recommended discharge
is for minor disciplinary infractions. SrA@@@§MMirecord is as follows:

 

b. SrA @§§BPFrst documented misconduct occurred on 30 Nov 98, when he failed a
second consecutive scheduled monthly dorm inspection. For this offense, he received a Letter of
Counseling (LOC), dated 4 Dec 98. On 30 Aug 99, again, SrA@@§@Ffailed his scheduled dorm
inspection. For this offense, SrA@@§Mreceived a Letter of Reprimand (LOR), dated 10 Sep 99.
FRol-°ccda7/

During the month of September 1999, it was discovered that StA ras overdue in paying his
Government SMP VISA credit card bill. SrA@@lPwas also delinquent in paying his
telephone bill. For these offenses, SrA QM eceived a second LOR, dated 14 Sep 99. During
the month of April 2000, he again failed to pay his debts in a responsible and timely manner. In
an effort to pay the debts, he used a debit card from an inactive bank account. For this offense,
SrA @¥fereceived another LOR, dated 26 Apr 00. On 19 Jun 00, he failed to report to work at
the time prescribed. For this offense, he received his fourth LOR, dated 21 Jun 00. During June
2000, it was discovered that he wrongfully used Government computer equipment to search and
view unauthorized Internet sites. For these offenses, he received an LOC, dated 23 Aug 00. On
21 Aug 00, SrA@@@was disrespectful towards a noncommissioned officer (NCO), by saying to
his supervisor, “you fucking NCOs always think you are right.” For this offense, SA dls
received an Article 15, dated 30 Aug 00, and an Unfavorable Information File (UIF) was
established. As punishment, he received both a suspended reduction to Airman First Class and

suspended forfeitures of $100 pay per month, for 2 months, in addition to 45 days’ extra duty
and a written reprimand.

c. The secondary basis for recommending this discharge is a mental disorder that
constitutes a condition that interferes with military service. On 4 Oct 00, Lt Col iia
SRM ental Health Flight Commander, evaluated and diagnosed STA as having a
mental disorder. Lt Cok@ugielitiiadiagnosed Sr AEP as having an Axis H: 301.9 Personality
Disorder (Narcissistic and Antisocial Features), based upon the Diagnostic and Statistical

Manual, 4" Ed. Lt Coli B has concluded in his memorandum that SrA4Q§@§#¥Misorder is
so severe as to significantly impair his ability to function in the military environment.

 

b. RESPONDENT’S CASE: SrA@@@acknowledged receipt of the Letter of Notification,
dated 1 Nov 00. On 6 Nov 00, he submitted a response package through Area Defense Counsel

Capt $M In the response, both Captiqfi@§find SrA@@MAimself asked that he

receive an Honorable discharge instead of the General discharge characterization recommended
by Lt Col4MMMMMB Both point to traumatic life events that occurred since he has been on active

duty as contributing to his mental condition and his corresponding misconduct. LE Cola
MBE Crier Professional Standards and Qualtity Services, HQ PACAF, also states that these

traumatic events haye “exacerbated the adjustment problems he has had in the military.”

 

  

 

in the military environment. In support of his position, SrA
character statements, four Enlisted Performance Reports, and various citations.

4. DISCUSSION: SrA @@@MP behavior encompasses a wide variety of sub-standard military
conduct. His documented problems, most notably-include anger and disrespect toward his
supervisors. He also has been punished for financial irresponsibility, deficient duty performance,
and failure to maintain his living quarters. His behavior and its resulting consequences are
evidence that he has a serious behavioral problem that exacerbates his inability to conform to
military standar de.attributes much of his misconduct to his reaction to the death of his best
friend in a December 1997 @ar accident that occurred when SA fell asleep driving.
Interesting! ealth evaluation reveals that he has a long history of misconduct

(fighting, aggressiveness, etc.) that poes back to at least age 15, well before he enlisted in the Air
f Ocf- of 07/

Force. Most importantly, his treating psychologist found that SrA fis responsible for his
actions and behavior, Overall, it is these behaviora! problems and resulting social dysfunction eo
that make SrA Pincompatible for further military service.

5. DISCHARGE CHARACTERIZATION: The primary basis Lt Col 4§@§§§@@ states for
discharge is for a pattern of minor disciplinary infractions.

a. According to AFI 36-3208, the discharge of airmen for misconduct, without
opportunity for an administrative discharge board hearing, may be characterized as either
Honorable, General (Under Honorable Conditions), or Under Other Than Honorable Conditions
(UOTHC). Per AFI 36-3208, paragraph 1.18.2, an Honorable characterization is warranted
when the quality of an airman’s service generally has met Air Force standards of acceptable
conduct and performance of duty, or when a member’s service is otherwise so meritorious that
any other characterization would be inappropriate. Lt Col @MiiliMehas recommended that he
receive a General discharge. SAG Article 15 punishment, in addition to two LOCs and

‘four LORs, outweigh any favorable information contained within his military record.
Furthermore, his most recent Enlisted Performance Report does not recommend him for
promotion. Although under AFI 36-3208, section H, a UOTHC is an option for this basis of
discharge, it is reserved for behavior that is a significant departure from expected conduct.
Examples of such behavior include the use of force to produce bodily injury or death, abuse of a
special position, abuse of subordinate relationships, acts or omissions that endanger the security
of the United States, or acts that endanger the health and safety of others. SrA
misconduct, while serious, does not contain any of these elements, nor does it rise to the level of
behavior that would warrant a UOTHC. Based upon all of the facts available, a General
discharge characterization is appropriate in this case.

b. It is noted that under the authority of AFI 36- h

discharge for mental conditions is not appropriate if the airman’s recor
ischarge for another reason, such as misconduct. In this case, misconduct is the primary basis
for the recommended discharge. Pursuant to AFI 36-3208, paragraph 5.11.1, the existence of a
mental condition that is a basis for discharge does not bar separation for any other reason. Even
though a discharge solely for mental disorders warrants an Honorable characterization because
this case is being processed jointly, with misconduct as the primary reason for separation, AFI
36-3208, Chapter 6, paragraph 6.44.3 allows the criteria and latitude for a misconduct discharge
to be applied when determining discharge characterization. Lt Col MMM ccommends that
SrA receive a General discharge characterization. f concur.

   
  

 

6. PROBATION AND REHABILITATION: SrA@@MMhas received two LOCs, four LORs,
one Article 15, and establishment of a UIF. Because of the nature and amount of his misconduct,
it is apparent that this airman is unwilling to effectively manage his anger and conform his
conduct (financial responsibility, reporting to work, cleaning his room, etc.) to Air Force
Standards. Rehabilitative measures designed to remedy his problems have not been able to
change his conduct toward his unit or society. Furthermore, his mental condition makes him
incompatible to serve further in the military environment, barring the probability that further
f Daf -o OP

J kak,
rehabilitation would change his behavior, SrA @@@@ does not request P&R. His commander has
recommended against granting P&R. I concur.

7. ERRORS AND IRREGULARITIES: In this case, there was one error noted by the
Government. The Government noted that the Commander’s Recommendation, dated 9 Nov GO,
should include a statement regarding the required security actions taken under AFI 31-501,
Personnel Security Management Program. Those actions have been accomplished and are
attached to this legal review. The defense has not raised this error as an issue in this case. This
fact does not prejudice the rights of SrA Gor change the legal sufficiency of this discharge
package.

8. RECOMMENDATION: Based on the above facts and discussion, I recommend you direct

the separation of Ss Se with a General characterization, without P&R, by signing the action
letier at Tab 1. et

  
 

; MF Colonel, USAF
Staff Judge Advocate, 15th Air Base Wing

Attachments:

For Cause Authority — SrA SM, 30 Oct 00
Foo!- eae Df

     

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

if

I Nov 00

MEMORANDUM FOR SRA S@ganpiniiantiigeniaaiaiaiaas 3.50 10s

FROM: 352 IOS/CC

SUBJECT: Notification Memorandum

c

1. [am recommending your discharge from the United States Air Force for Misconduct and for
prevailing Conditions that Interfere with Military Service. The discharge authority for
Misconduct by minor disciplinary infractions is found under AFPD 36-32 and AFI 36-3208,
paragraph 5.49. The discharge authority for mental disorders that constitute Conditions That
Interfere With Military Service is found under AFPD 36-32 and AFI 36-3208, paragraph 5.11.1.
If my recommendation is approved, your service will! be characterized as either Honorable or
General. I am recommending that your service be characterized as General.

2. My primary reasons for this action are for minor disciplinary infractions that constitute
Misconduct. They are as follows:

a. On 30 Nov 98, you failed your scheduled, monthly dormitory room inspection. For this
offense, you received a Letter of Counseling (LOC), dated 4 Dec 98.

b. On 30 Aug 99, you again failed your monthly dormitory room inspection. For this offense,
you received a Letter of Reprimand (LOR), dated 10 Sep 99.

c. On or before 14 Sep 99, it was discovered that you were delinquent in paying your
Governmen RRM VISA card. For this offense, you received an LOR, dated 14 Sep 99.

d. On or before April 2000, it was discovered that you dishonorably failed to pay a just debt
by using your debit card with insufficient funds. For this offense, you received an LOR, dated
26 Apr 00.

e. On 19 Jun 00, you failed to report to work at the time prescribed. For this offense, you
received an LOR, dated 21 Jun 00.

f. In June 2000, it was discovered that you were wrongfully using Government equipment
systems to perform computer searches in other work areas other than your own. This action was

in violation of a direct order from your supervisor. For this offense, you received an LOC, dated
23 Aug 00.

g. On 21 Aug 00, you used disrespectful language towards a noncommissioned officer. For
this offense, you received an Article 15, dated 30 Aug 00.
fF DOl-2007/

3. The second reason that I am recommending discharge is for mental disorders that constitute
Conditions That Interfere With Military Service. On 4 Oct 00, Lt Coie eit, Mental
Health Flight Commander, diagnosed you as having a mental disorder. More specifically, he
diagnosed you, based upon the Diagnostic and Statistical Manual, 4" Bd., as having an Axis II:
301.9 Personality Disorder. Lt Col @@@@@@@@Mstates, in his memorandum to me, that your disorder
is sO severe as to significantly impair your ability to function in the military environment.

4, Copies of documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained by the Air Force. The commander will
also decide how your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and can be denied enlistment in any component of the United
States Armed Forces. Additionally, you will be ineligible for any special pay, bonus or education
assistance offered by the Armed Forces.

5. You have the right to consult legal counsel. Capt Siena, Area Defense Counsel,
Building 1113, 449- MRD as been obtained to assist you. An appointment has been scheduled
for you to consult him on 2 Nov 00 at 1000 hours. You may consult civilian counsel at your own
expense.

6. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 6 Nov 00 unless you request and receive an
extension for good cause shown. I will forward them to the separation authority.

7. If you fail to consult counsel or to submit statements on your own behalf, your failure to do so
will constitute a waiver of this privilege.

8. You have been scheduled for a medical examination. You will report to Physical Exams at the
15" Medical Group on 6 Nov 00 at 0830 hours for the examination.

9. You must contact Separations, in uniform, located in the Military Personnel Flight, at 449-

400