AIR FORCE DISCITARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ‘GRADE | AFSN/SSAN _
=e AMN __ | OIIRNABAB
TYPE a =o eer = a i ~ jess leat ee
PERSONAL APPEARANCE x RECORD REVIEW
COUNSEL, “NAME OF COUNSEL AND OR ORGANIZATION ~— ADDRESS AND OR ORGANIZATION OF COUNSEL. ~ ~
YES NO

 

“VOTE OF THE BOARD

 

HON GEN. VOTHC OTHER

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ISSUES

A94,53/54

A94,05/06, A92.21/22,

INDEX NUMBER

A67.10

EXHIBITS SURMITTED TO THE BOARD |
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

LETTER OF NOTIFICATION

 

HEARING DATE

20 NOV 02

CASE NUMBER

FD2001-0421

ae et ee

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED CN THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

REMARKS

review.

The applicant failed to show for his scheduled personal appearence at Dobbins AFB, GA. Case considered by records

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

 

 

 

SIGNATURE OF BOARD P!

(DENT

 

 

 

 

 

INDORSEMENT. DATE: 20 NOV 02
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3° FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0421

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Dobbins AFB, GA on November 20, 2002, but after acknowledging intent to appear, failed to do so
without requesting a postponement.

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety that would justify a change of discharge.

ISSUES: The applicant’s issues are listed in the attached brief. The applicant contends his discharge was
inequitable because medical problems, the death of his sister and his otherwise good duty performance were
not considered, He further contends he was immature and that his post service conduct is reflective of his
true character and ability to serve. The applicant was discharged with an under honorable conditions
(general) discharge for minor disciplinary infractions after 2 years, 3 months and 16 days of service. The
member received numerous verbal and written counselings, letters of reprimand and admonishment
between June 1992 and April 1994 including 15 Memo for Records, 3 Letters of Counseling, | Letter of
Admonishment, 6 Letters of Reprimand, an Article 15 and a Vacation Action for repeated tardiness,
repeated sleeping on duty, repeated failure to obey orders, repeated unsatisfactory duty performance,
demonstrating a poor attitude, financial irresponsibility, making personal phone calls while performing
duties that required concentration directed at an aircraft tracking monitor, making false statements and
failing room inspection. The DRB found no evidence of significant medical issues documented in the
service medical records or in documentation contained in his personnel file including his numerous
rebuttals. No mention of family death was found in either the medical record including a mental health
evaluation nor in the personnel file. The applicant had ample opportunity to correct the recurring
misconduct that was a significant departure from conduct expected of all military members. The DRB
noted he was discharged at 21 years, 10 months of age when immaturity and inability to know right from
wrong is not an acceptable excuse. The DRB noted his post service education and goals and the applicant
requested a second chance to serve based on the change in his character since discharge, however, the DRB
found no evidence of impropriety or inequity that would warrant an upgrade.

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
te
*

FD2001-0421
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ie (Former AMN)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 94/05/20 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 72/07/15. Enlmt Age: 19 2/12. Disch Age: 21 10/12. Educ:HS DIPL.
AFQT: N/A. A-61, E-56, G-53, M-54. PAFSC: 1€531B - Aerospace and Warning
Apprentice. DAS: 92/05/07.

b, Prior Sv: (1) AFRes 91/10/07 - 92/02/04 (03 months 28 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as 92/02/05 for 4 yrs. Svd: 02 Yrs 03 Mo 16 Das, all AMS,

b. Grade Status: AMN - 94/03/29 (Article 15, Vacation, 94/04/20)
A1C - Unknown
AMN - 92/08/05

c. Time Lost: none.

d. Art 15’s: (1) 94/04/20, Vacation, Elmendorf AFB, AK - Article 92.
Dereliction of duty. Reduction to Amn.
(No appeal) (No mitigation)

(2) 94/03/29, Elmendorf AFB, AK - Article 86. You did, on
or about 10 Mar 94, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Amn (suspended until 28 Sep 94).
Forfeiture of $90.00 pay per month for one month, 30
days restriction, and 30 days extra duty.
(Appeal/Denied) (No mitigation)

 

e. Additional: LOC, 11 JUN 92 - Dereliction of duty.
Loc, 02 JUL 92 - Failing room inspection.
LOA, 03 AUG 92 - Failure to go.
LOR, 13 AUG 92 - Failure to obey orders and making false

statements.

LOR, 26 OCT 92 - Sleeping on duty.
MFR, 09 FEB 93 - Unsatisfactory performance.
LOC, 01 AUG 93 - Sleeping on duty.
LOR, 02 AUG 93 - Failure to go.
LOR, 27 SEP 93 - Failure to obey orders.
LOR, 08 FEB 94 - Dereliction of duty.
FD2001-0421
MFR, 28 FEB 94 - Unsatisfactory performance.

f. CM: none.
g. Record of SV: 92/02/05 - 93/10/26 Elmendorf AFB 1 (Initial)

(Discharged from Elmendorf AFB)
h. Awards & Decs: AFTR, NDSM, AFOSLTR.

i. Stmt of Sv: TMS: (02) Yrs (07) Mos (14) Das
TAMS: (02) Yrs (03) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/10/03.
(Change Discharge to Honorable)

Issue 1; Death to immediate family. My sister's murder caused me to
withdraw my focus.

Issue 2: Medical adaptation diffculties. Medication caused drowsiness
which adversly (sic) affected me occupationally.

Issue 3: I feel that my discharge was inequitable because at the time that
I was stationed in Anchorage, Alaska, I developed medical problems, and the

medication that the doctors prescribed, adversely affected me occupationally.
Previous to my joining the Air Force, I had never experienced allergies, nor was

I used to taking strong medications.

I also suffered a death to my immediate family, the traumatic death of my only
sibling, my sister, who was brutally murdered in Atlanta, Georgia while I was on
active duty. Today is her birthday. She was only 19 yrs.

I really enjoyed my job in the air traffic control career field. I received
awards such as Exceptionally Qualified as a Tracking Technician, but the strong
medication kept me drowsy which caused me problems with my supervisors.

Currently, I am on the Dean's List at ----------- Community College. I am
pursuing an Aviation Administration degree with an Air Traffic Control Option.
My goal upon graduation is to work for the Federal Aviation Administration while
continuating my education, but my reentry code and my general discharge will not
allow me back into the military or to pursue my education under the Montgomerey
G.I. Bill. (It also has and will continue to be an eliminating factor for
obtaining most government jobs, specifically the Federal Aviation
Administration). Although I don't have the G.I. Bill benefits available to me,
I have enrolled in the college training initiative program at my own expense. I
have turned my life around. I am 29 years old and I am no longer a young
immature kid. I have had more than seven years to reflect on my mistakes. I
really did not understand the consequences that would follow my behavior. Based
on 20/20 hindsight, I truly wish I had been mature enough to handle things

differently.

I am very interested in the Air Force Reserves, considering the recent attack on
FD2001-0421

America. From my point of view. It would be a terrible waste if I were not

allowed to, use my excellent and expensive Air Force training combined with my
present knowledge in aviation and air traffic control, to help defend Freedom.

You have the power to touch my life like no one else can. I don't know where
else to turn. I hope and pray that you will find it in your heart to set the
stage for my having the opportunity to have a second chance in life to perform
with excellence in a profession that will surely continue to need skilled highly

trained professionals in the years to come. JI have no doubt that I can do it
but I need someone to unlock the gate for me. Please help.

ATCH

1. Applicant's Issues.
2. DD Form 214.

02/01/29/ia
Fp acbl- Of2/

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

MAY 10 1994

MEMORANDUM FOR 3 WG/cc

FROM: 3 WG/JA

SUBJECT: Legal Review - Administrative Discharge ~ Ann gee
aupneunee e
6 oF

1. Ar “aaiieniailiione has been recommended for discharge by the 744th
Air Defense Squadron Commander (744 ADS/CC), pursuant to AFR 39-10, Chapter 5,

Section H, paragraph 5-46, for minor disciplinary infractions. The reasons
set forth in the Squadron Commander's Recommendation for Discharge Letter with
accompanying documentation are legally sufficient to support discharge action
under this provision of the regulation. Amn Qj is medically cleared for
separation,

2. FACTS: The misconduct upon which this discharge is based occurred during

Amn Hollis" current enlistment, which began on 5 Feb 92, and is detailed
below:

a. On or about 11 Jun 92, Amn @gQM@—MMMMe failed to follow the instructions of

a noncommissioned officer ag evidenced by a Letter of Counseling (LOC), dtd
11 Jun 92.

b. On or about 2 Jul 92, ann 4 failed a barracks room inspection and
the subsequent re-inspection as evidenced by a Loc, dtd 2 Jul 92.

¢. On or about 1 Aug 92, Amn MGM failed to go to his appointed place
of duty at the time prescribed as evidenced by a Letter of Admonition (LOA),
dtd 3 Aug 92.

d. On or about 13 Aug 92, Amn @@Q@MBBE failed to comply with the orders of
a noncommissioned officer as evidenced by a LOR, dtd 13 Aug 92.

e. On or about 21 Aug 92, Amn Wie failed to comply with the orders of
a noncommissioned officer and made false statements as evidenced by a LOR, dtd
26 Aug 92,

f. On or about 23 Oct 92, Amn @QgQ@MBwas found sleeping on duty as
evidenced by a LOR, dtd 26 Oct 92.

g- On or about 8 Feb 93, Amn Sean duty performance was observed by Sgt
Hemmert and TSgt Willett as being below standard as evidenced by a Memo for
Record, dtd 9 Feb 93.

h. On or about 1 Aug 93, Amn belie failed to remain awake while on duty
as evidenced by a LOC, dtd 1 Aug 93.

_ i. On or about 2 Aug 93, Amn WM failed to go to his appointed place
of duty at the time prescribed as evidenced by a LOR, dtd 2 Aug 93.
[Dd A220 -OFB/

j- On or about 12 Aug 93, Ann g@QQW failed to comply with an order from
a noncommissioned officer as evidenced by a LOR, dtd 27 Sep 93.

k. On or about 6 Feb 94, Amn gigi was derelict in the performance of

his duties by sleeping at his position as evidenced by a LOR, dtd 8 Feb 94
(Atch 11).

1. On or about 26 Feb 94, Amn QQ was counseled on the following areas
by his supervisor, Sgt <@g@§Miiee: personal phone calls on duty; keeping alert
while on duty, other than standing up; and the need to demonstrate a more
aggressive and professional attitude toward his duties, as evidenced by a Memo

for Record, dtd 28 Feb 94. eS
m. On or about 10 Mar 94, Amngge failed to go to his appointed place
of duty at the time prescribed as evidenced by an Article 15, dtd 29 Mar 94,

n. On or about 29 Mar 94, Amn @§¥@ewas derelict in the performance of
his duties as evidenced by a Vacation Action, dtd 20 Apr 94.

3- Should you decide discharge is appropriate, you must consider whether
probation and rehabilitation is warranted. If you determine probation and
rehabilitation is inappropriate, you must state the reasons for your decision.
The 744 ADS Squadron Commander recommends a General Discharge and is against
probation and rehabilitation. ,

4. ERRORS AND IRREGULARITIES: None
5. After consulting counsel, Amn @9@@MMPasubmitted a lengthy rebuttal to the
discharge package. He addresses each item separately in his statement, and

overall would like to remain in the Air Force but requests an Honorable
Discharge if separated. Amn Q@§MM has one EPR, 26 Oct 93.

6. You may take the following action in this case:
a. Direct this action be discontinued.
b. Direct Amn gabe retained for processing under Chapter 6, Section

C (Board Hearing) if you determine he should be separated with an Under Other
Than Honorable Conditions Discharge.

 

c. Direct Amn Qe be separated from the United States Air Force with a
General Discharge.

qd. Forward this case file to 11 AF/cc if you determine an Honorable
Discharge is warranted,
| So  Ppase/- 0 F2/

7. RECOMMENDATION: Discharge Amn 49MM from the United States Air Force
under the provisions of AFR 39-10, Chapter 5, Sdction H, paragraph 5-46. I
further recommend a General Discharge with no probation 1 rehabilitation.

   
     

I concur.

+

@taff Judge Advocate

Attachment:
Case File (Amn Hollis)
FDLCY-OF 2/

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

MEMORANDUM FOR 744 ADS/DOC (AMN QAOUURRADD-

FROM: 744 ADs/cc cp
APR 2 8 |S94
SUBJECT: Notification Letter : |

2

ee
1. I am recommending your discharge from the United States Air Force for
minor disciplinary infractions. The authority for this action is AFR 39-10,
Section H, paragraph 5-46. 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. On or about 11 Jun 92, you failed to follow the instructions of a

noncommissioned officer as evidenced by a Letter of Counseling (LOC), dtd
11 Jun 92 (Atch 1).

b. On or about 2 Jul 92, you failed a barracks room inspection and the
subsequent re-inspection as evidenced by a Loc, dtd 2 Jul 92 (Atch 2).

ec. On or about 1 Aug 92, you failed to go to your appointed place of duty
at the time prescribed as evidenced by a Letter of Admonition (LOA), dtd 3 Aug
92 (Atch 3).

ad. On or about 13 Aug 92, you failed to comply with the orders of a
noncommissioned officer as evidenced by a LOR, dtd 13 Aug 92 (Atch 4).

e. On or about 21 Aug 92, you failed to comply with the ordera of a
noncommissioned officer and made false statements as evidenced by a LOR, dtd
26 Aug 92 (Atch 5).

£. On or about 23 Oct 92, you were found sleeping on duty as evidenced by
a LOR, dtd 26 Oct 92 (Atch 6).

g- On or about 8 Feb 93, your duty performance was observed by Sgt

RE. and Tsgt “aaMeile as being below standard as evidenced by a Memo for
Record, dtd 9 Feb 93 (Atch 7).

-h. On or about 1 Aug 93, you failed to remain awake while on duty as
evidenced by a Loc, dtd 1 Aug 93 (Atch 8).

i. On or about 2 Aug 93, you failed to go to your appointed place of duty
at the time prescribed as evidenced by a LOR, dtd 2 Aug 93 (Atch 9).
Fo2eeY OF R[

j- On or about 12 Aug 93, you failed to comply with an order from a
noncommissioned officer as evidenced by a LOR, dtd 27 Sep 93 (Atch 10).

k. On or about 6 Feb 94, you were derelict in the performance of your
duties by sleeping at your position as evidenced by a LOR, dtd 8 Feb 94 (Atch
11).

1. On or about 26 Feb 94, you were counseled on the following areas by
your supervisor, Sgt