PERSONAL APPEARANCE 4 X RECORD REVIEW

22] NAME OF COUNSEL AND OR ORGANIZATION ” ADDRESS AND OR ORGANIZATION OF COUNSFI,

 

 

 

 

 

 

 

 
  

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING UOTHC
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ISSUES ~ "TTRDEXNUMBER - °F : TE 7
A94,05 AGT.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE =~
3 | LETTER OF NOTIFICATION
HEARING DATE “CASE NUMBER - 4 | BRIEF OF PERSONNEL FILE
26 JULO2 _ ~) Fb2001-00729 COUNSEL'S RELEASETOTHEDOARD
ee ADBIIONAL TXHIBITS SUBMITTED AT “FIMiTOF
PERSONAL APPEARANCE . ‘
TAPE RECORDING OFTERSC ;

 

 

 

 

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to id personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

 

 

 

 

SAL/MIBR — SECRETARY OF TH AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40 AIR FORCE DISCILARGE REVIEW BOARD
RANDOLPH AIT, TX 78150-4742 1435 COMMAND DR, EE WING, 3°" FLOOR

 

 

 

 

SNDEEWS AFB, MD 20762-7002
AFHO FORM 0-2077, JAN00 (EF-V2) Previous edition will be used,
TARE NOM FRR

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FDO1-00129

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Revicw Board (DRB) but declined to
exercise this right,

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

FINDINGS: Uperade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
orimpropnety, which would justify a change of discharge.

The applicant's issues are listed in the altached brief.

ISSUE: The applicant believes he was unfairly discharged and that if married, the discharge would not
have occurred. Also, he thinks that if he was at another base or had different superiors, this discharge
would not have occurred. The record indicates the applicant received two Article 15’s for failure to refrain
from drinking alcohol, failure to go, and failing to wear the proper safety equipment while standing on an
aircraft. In addition, he reccived six Letters of Reprimand for dereliction of duty, failing room inspection,
failure to go and failure to obey a lawful order; and one Letter of Counseling for failure to obey proper
customs and courtesies, The DRB took note of the applicant's duty performance as documented by his
performance and other information contained in the records. The applicant had several] different supervisors
and was not unfairly discharged. They found the seriousness of the willful misconduct offset any positive
aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the
Teasons that were the basis for this case. No inequity or impropriety tn his discharge was suggested or
found in the course of the records review. His misconduct was a significant departure from conduct
expected of all military members. The Board conctuded that the character and reason for discharge were
appropriate due to his 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 view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge or change the reason for discharge, thus the applicant's discharge should not be
changed.

Attachment:
Examiner's Brief
FDO1-00129
DEPARTMENT OF THE AIR FORCE
AIR FORCK DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

», (Farmer AMN) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 00/06/21 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch and to Change the RE Code:

2. BACKGROUND:

a. DOB: 80/05/10. Enimt Age: 18 5/12. Disch Age: 20 1/12. Bduc:HS DIPL.
AFOT: N/A. A-86, K-67, G-74, M-72. PAFSC: 2A634 - Aircraft Fuel Systems
Apprentice. DAS: 99/03/28,

b. Prior Sv: AFRey 98/10/30 - 98/11/17 (18 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enid as AB 98/11/18 for 4 yrs. Svd: 1 Yrs 7 Mo 4 Das, all AMS.

b. Grade Status: AMN - 00/05/25 [Article 15, O0/05/25)
Al® - 99/01/09

ca. Time Lest: none.

d. Art 15's: (1) OO/05/25, Cannon AFB, NM - Article $1. You, having

, received a lawful order from MSqt ------- , a Supericr
noncommissioned officer, then known by you toa be a
superior noncemmissiond officer, to refrain from
drinking alcohol for the duration of your temporary
duty in support of 522 Fighter Squadron's training
mission at Hollowman Air Force Base, NM, from o/a
§ May 00, or words to that effect, an order which it
was your duty to obey, did, at or near Juarez, Mexico,
ofa 8 May GO, willfully disobey the same. Article 8&6.
You did, 6/a 19 May 00, without authority, fail to go
at the time prescribed to your appointed place of duty.
Article 92. You, who knew of your duties, ofa 19 May
00, were derelict in the performance of those duties in
that you willfully failed to wear the proper safety
equipment while standing on Aircraft 328, as-7i was
your duty te do. Rdn te Amn, 30 days restriction, and
30 days extra duty. (Appeal/Denied) (No mitigation)

(2) 99/09/15, Cannon AFB, NM - Article 92. You, who knew
of your duties, between o/a 5 Sep 99 and ofa 6 Bep 94,
wore derelict in the performance of those duties in
that you willfully failed to refrain from drinking
alcoholic beverages while under the legal age of 21, as
FDO1-00129

(lo was your duty to do. Rdn to Amn (susp till 14 Mar
O00), 30 days restriction, and 30 days extra duty.
(No appeal) (Ne mitigation)

e. Additional: LOR, 03 MAR 00 - Dereliction ot duty.

LOR, 21 OCT 99 - Falled room inspection.

LOR, 13 SBP 99 - PFailure to go.

LOR, 23 JUL 99 — Failed room inspection.

LOK, O2 JUL 99 -— Failure to go.

LOR, 27 MAY 39 - Failure to obey a lawful order.

LOC, G7 MAY 99 -— Failure ta obey proper customs &
courtesies to retreat.

f. OM: nome .

g. Record of SV: none.
(Discharged from Cannon AFB)

h. Awards & Decs: AFTR.

BR. Sbkmto of Sv: TMS: (1) Yrs (7) Mos (22) Das
TAMS: (1) Yrs (7) Mos (4) Das

4. BASES ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/03/30.
(Change Discharge to Honorable and Change the RE Code}

Issue 1: I feel the records I am submitting show I was unfairly
discharged.

Issue 2: I feel if, under the same circumstances, I was married this
would not have occured (sic).

Issue 3: I believe, under the same ciroywmstances, if I was at another
base, ox had different. superiors this would not have occured (sic).

Issue 4: After cxiting the Air Force, it is much clearer what I have
lost. The appreciation that may not have been made obvious, for the minor
things such as the privilege of living on a military installation is now much
evident.

Although I feel I was railroaded, I still feel I have failed. I am the type
of individual who likes to finish what I have started. I believe if given the
opportunity to reenlist, my hard work and dedication would be an asset to my
countries military.

I also feel I am a trustworthy individual, as evidence to support this claim
is a letter from a housewife in my community. It takes much trust to allow
little children to play basketball and other activities with a young man, as
the world is now full of sickness and sin. With this being said, I believe 1
should be given an opportunity to once again serve in my nations military.

I have gained the trust of my landlord, former employer, and my community.
FDO1-O0O129

Now Toam asking toa again be trusted by my country.

I am willing to do whatever it takes to gain your trust. I will travel to any
reasonable Jouabian Lo be questioned of my past and present. Po will allew my
integrity to be put on display. 4 just wish mercy and the opportunity to

again be an airman for my countries Air Force. Vhank you for your time and
consideraLlion,

ATCH

DD Form 214.

VA Cover Letter, 17 Apr 1.

Applicant's Letter to the Discharge Review Board.
Character Reference,

Two Performance Feedback Worksheets.
Five Character References.

om oo La ho

O1/05/08/ia
24/04 "O01 16:10 PAX 505 784 467A 27PWs IA

__ ~- _. sae essen ENE He f Daf-ot/o2 8 hoor

 

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

 

y9 JUN 2000
MEMORANDUM FOR 27 FW/CC

FROM: 27 FW/JA

3208 Discharge Action Under AFPD 36-32
ie 27 CRS)

  
 

SUBJE RCT: _Lcgal R Review olla monet AFI 36

. Lhave reviewed the attached discharge action on Arnritetliltienc consider it factually,
rovedurally, and legally sufficient. ‘he initiating commander recommends discharge for
misconduct, specifically, a pattern of misconduct prejudicial to good order and discipline. This
case meets the criteria for discharge under AFT 36-3208, paragraph 5.50:2 and is supported by a
preponderance of the evidence. The commander recommends a General Discharge, This
member is not entitled to a hearing before an administrative discharge board.

2. DISCUSSION:

a. In support of this action, the commander cites the following reasons: Aron Ges failed
to obey a Jawful order by drinking while under the tegal drinking age of 21 on two occasions,
failed to go to his appointed place of duty at the prescribed time on two occasions, failed to wear
the proper safety gear while near an airplane, was derelict in the performance of his duties by
failing to follow technical order, and failed to maintain his dormitory room within minimum
inspection standards. Furthermore Amie. failed to receive the proper rest prior to an
extended drive which nearly caused him to have an accident and failed to render the appropriate
customs and courtesies to retreat. This misconduct is evidenced by six Letters of Reprimand,
two Article 15 actions, one Letter of Counseling, and an Unfavorable Information File.

b, The respondent’s service should be characterized as general. The significant negative
aspects of his conduct outweigh the positive aspects of his record. The respondent’s service is
not otherwise so meritorious that an Honorable Discharge is appropriate. On the other hand, the
respondent’s misconduct is not so severe as to warrant an under other than honorable conditions
characterization. Separation is warranted because of the respondent's failure to comply with Air
Force standards and because of his failure in all previous rehabilitative efforts.

c. Probation and rehabilitation are not appropriate in this case. The respondent's commander
has already used rehabilitative tools without effect.

d. The respondent elected not to submit a statement after consulting counsel (Tab 2).
3. ERRORS AND IRREGULARITIES: None.

4. OPTIONS OF THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY. You may:

ATTORNEY WORK PRODUCT PREPARED IN DIRECT OR INDIREGT ANTIGIPATION OF LITIGATION, NOT FOR
RELEASE OR TRANSFER OUTSIDE THE USAF WITHOUT SPECIFIC APPROVAL OF THE GOVERNMENT OR
THE ORIGINATOR OR HIGHER AUHTORITY. NOT SUNJECT TO DISCOVERY OR RELEASE UNDER FOIA. 5
USC 552
_2PPWATA

24/04 "OT Th:tl FAX 505 784 4678

a, Retain the respondent m the Air Force; or

b. Recommend to the General Court-Martial Convening Authority that the respdndent be
discharged because of misconduct, for the reasons stated by the commander, with an Honorable
Discharge, with or without probation and rehabilitation; or

c. Discharge the respondent because of misconduct, for the reasons stated by the commander,
with a General Discharge, with or without probation and rehabilitation; or

d. Direct the unit to reinitiale (he action to he processed under board hearing procedures if
you determine an Under Other Than Honorable Conditions Discharge may be warranted.

if you determine retention or a General Discharge is appropriate, you are the final authority in
this matter and your action will result in a final determination. If you recommend approval of an
Honorable Discharge, you must forward the case file to the discharge authority, 8 AF/CC, along
with a statement of reasons stating why the case warrants the issuance of such a characterization.

5. RECOMMENDATION: I find that the reasons listed in the commander’s recommendation
are sufficient to warrant discharge under AFI 36-3208, paragraph 5.50.2. Accordingly, I

recommend that Am WPbe discharged [rom the United States Air Force with a General
Discharge without probation and rehabilitation.

 
   

Melt Col, USAF

Attachments:

 
  

eSlaicment

|

ATTORNEY WORK PRODUCT PREPARED IN DIRECT OR INDIRECT ANTICIPATION OF LITIGATION, NOT FOR
RELEASE OR rp on OUTSIDE THE USAF WITHOUT SPECIFIC APPROVAL OF THE GOVERNMENT OR

THE GRIGINATOR OR HIGHER AUHTORITY. NOT SUNJECT TO DISCOVERY OR RELEASE UNDER FOIA, 5
USC 552
Frds-6o (2

DEPARTMENT OF THE AIR FORCE

27th COMPONENT REPAIR SQUADRON {ACC}
CANNON AIR FORCE BASE NEW MEXICO

14 JUN 2000

 

MEMORANDUM [OR #@ Mie 27 CRS

 

FROM: CC
SUBJECT: Notification Memorandum

1]. lam recommending your discharge from the United States Air loree for misconduct,
specifically, a pattern of misconduct prejudicial to good order and discipline. The authority for
this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. 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. Between on or about 8 May 00 and 18 May 00, you failed to obey a lawful order by failing
to refrain from drinking alcohol while under the legal drinking age of 21. On or about
19 May 00, you failed to go to your appointed place of duty at the prescribed time. Also on or
about 19 May 00, you were derelict in the performance of your duties in that your failed to wear
the proper safety equipment while standing on an aircraft. The above misconduct is evidenced

_ by an Article 15 action, dated 25 May 00, and an Unfavorable Information File entry, daled 12
Jun 00 (Atch 1a).

b. On or about 2 Mar 00, you were derelict in the, performance of your duties by failing to
follow technical order 1F-16C-2-28}G-201, as evidenced by a Letter of Reprimand, dated
3 Mar 00 (Atch Ib).

¢, On or about 21 Oct 99, you failed to maintain your dormitory room within minimum
inspection slandards, as evidenced by a Letter of Reprimand, dated 21 Oct 99 {Atch Ic).

d. Between on or about 5 Sep 99 and 6 Sep 99, you were derelict in the performance of your
duties by failing to refrain from drinking alcohol while under the legal drinking age of 21, as
evidenced by an Article 15 action, dated 15 Sep 99, and an Unfavorable Information File, dated
20 Sep 99 (Atch 1d).

e. Between on or about 24 Aug 99 and 29 Aug 99, you failed to go to your appointed place of
duty at the prescribed lime, as evidenced by a Leiter of Reprimand, dated 13 Sep 99, and an
Unfavorable Information File, dated 21 Sep 99 (Atch le).

{. On or about 23 Jul 99, you failed to maintain your dormitory room within minimum
inspection standards, as evidenced by a Letter of Reprimand, dated 23 Jul 99 (Atch 11).
FROR}POL2 7

g. On or about 29 Jun 99, on lwo separate occasions you were derelict in the performance by
failing to go lo your appointed place of duty at the prescribed time and by failing to get the
proper slecp prior to an extended drive, as evidenced by a Letter of Reprimand, dated 2 Jul 99
(Atch Ig).

h. On or about 26 May 00, you failed to obey a lawful order by bringing two unloaded
firearms and 520 rounds of .22 caliber ammunition to your place of work, as evidenced by a
Letter of Reprimand, dated 27 May 99 (Atch Lh).

1, On ot aboul 6 May 99, you failed io render the appropriate customs and courtesies to
retreat, as evidenced by a Letter of Counseling, dated 7 May 99 (Atch 1i).

3. Copies of the documents lo 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 charactcrized. If you are discharged, you will be ineligible

for reenlistment in the Air Force. Special pay, bonuses, or education assistance funds may be
subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has becn obtained to assist you.

Ihave made an appointment lor you to cons Hiliiigaiiiianinne, at building 600, ext. 2915, on
[*l Sei 06 at yooO hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me within 3 workdays from today unless you request
and receive an extension for good cause shown. | will send them to the separation authority.

6. If you fail to consult counsel or to submit statemenis on your own behal{, your failure will
constitute a waiver of your night to do so.

7. You will complete a medical examination at the 27th Medical Group on I & Jun 00 at 0730.

8. Any personal information you furnish in rebullal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in your unilgplerly room.

   
     

{Commander

Attachments:
(Listed on next page)