PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ‘ ™ a ADDRESS AND OR ORGANEZATION OF COUNSEL |

 

 

 

 

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AOL13 A92, 01, AQ, 43 A 67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE “]
3 | LETTER OF NOTIFICATION ~
HEARING DATE me "| (CANE NUMBER ~ 4 “BRIE OF PERSONNEL. FILE
090502 FD2001-0560 :

COUNSEL'S RELEASE. 10 THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

“TAPE RECORDING OF PLESONAL APPERANCT. HERING
APPLICANT: 3 SAU AND HE BOARD’ u DECISIONAL RATIONAL ARE DISCUBSED ON TNE “ATT ALHET AIR FORCE: DISCHARGE REVIEW BOAR DECISION AL HATIONAT, E ‘

 

 

 

 

RE Manks”
Case heard at Washington DC

The applicant was scheduled for a personal appearance before the Discharge Review Board at Washington DC on
September 5, 2002 but afier acknowledging intent to appear failed to do s0 without requesting a postponement.

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

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

 

 

 

Te: FROM;

 

 

SAM/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
540 C STREET WEST, SUITE 40 AIR FORCE DISCTLARGE REVIEW BOARD
RANDOLPH AFD, TX 7A150-4742% 1535 COMMAND DK, FE WING, 3°” FLOOR
ANDREWS AFR, MEF 20762-7002
AFHO FORM 0-2077, JAN 00 | (EE-V2) Previous edition will be uscd.
. i
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIQNALE epaoo-0se0

GENERAL: The applicant appeals for upgrade of his discharge from general to honorable. The applicant
was scheduled to appear before the Discharge Review Board at Washington DC on September 5, 2002 but
alier acknowledging intent to appear failed to do so without requesting a postponement.

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

FINDINGS: The applicant’s request to upgrade his general discharge to honorable is denied. ‘The board
finds neither the evidence of record nor that provided by the applicant substantiates an inequity or
impropriety which would justify a change to either the characterization of his discharge or a change to his
reenlistment codec.

Issue: The applicant was discharged with an under honorable conditions (general) discharge for minor
disciplinary infractions on September 6, 1996. Member had five reprimands, two counselings and had becn
denied reenlistment before his commander elected to initiale discharge action. While in the service, he
received two performance reports with overall ratings of 3 and 2, Both contain significant frontside
markdowns. The record reveals the applicant, a Sccurity Policeman, abused his authority to harass and
intimidate personnel entering or working at McGuire AFB and that he had difficulty reporting to work in a
timely fashion. Between 26 Mar 95 and 6 Sep 95, the respondent used his authority as a Security Policeman
to ask a young woman inappropriate questions concerning her relationship with another, continually
harassed her and reduced her to tears, and then arrested her for unsubstantiated offenses. On other
occasions, the applicant failed to treat people he encountered in his role as a Secunty Policeman with
respect, refused Lo listen lo them, spoke in a threatening manner. Repeated counselings and reprimands
failed to change his behavior. On four other occasions, the applicant’s supervisor took administrative action
after he failed to show up for work on Gme. The applicant claims that staternents he submitted were not
included with his records, that he was justified in the actions he took with respect to some of the incidents
described above, and that his performance report is inconsistent with his true performance. Review olf the
file shows the notification the applicant received regarding the discharge action indicated he could submit
matters for consideration but that he elected not to do so. While the Board noted the applicant’s record does
contain favorable information as documenicd by his performance reports, they found the seriousness of the
willful misconduct and his repeated failure to report to work on time offset any positive aspects of the
applicant’s duty performance. The Board concluded the discharge was appropriate tor the rcasons that were
the basis for this case.

The Board also reviewed and considered the applicant’s entire service record before making a decision.
T

CONCLUSIONS: The board concludes there is no legal or equitable basis to upgrade or change the
applicant’s discharge or re-cnlistment code,

Attachment:
Examiner's Brief
FD2001-0560
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

 

Jeni hipes (Former A1lC) (HGH Aic)
ae

1. MATTER UNDER REVIEW: Appl rec'd a GEN Diach fr USAF 96/09/06 UP AFI 36-3208,

para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for Honorable
Diach.

2. BACKGROUND:

a. DOB: 71/12/04. Enilmt Age: 21 6/12. Diach Age: 24 9/12. Educ:HS DIPL.
AFOT: N/A. A-70, E+33, G-46, M-38. PAFSC: 3P032 - Law Enforcement Apprentice.
DAS: 94/03/06,

b. Prior Sv: (1) AFRes 93/06/10 - 93/10/14 (4 months §& days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 93/10/15 for 4 yrs. Svd: 02 Yrae 10 Mo 22 Das, all AMS.
bh. Grade Statua@: none.

e. Time Lost: none.

d. Art 15’s: none.

e. Additional: LOR, 04 APR 95 - Failure to go.
Loc, 0&5 MAY 95 - Failure ta go.
LOR, 04 OCT 95 + Failure to go.
LOR, 15 NOV 95 - Failure to go.
MFR, 14 DEC 95 - Dereliction of duty.
LOR, 12 JAN 96 - KHereliction of duty.
LOR, O7 APR 96 - Failure to go.

f£. CM: none.

q. Record of SV: 93/10/15 - 95/06/28 McGuire AFB 3 (Intial)
95/06/29 - 96/04/10 McGuire AFR 2 (CRO)

(Discharged from McGuire AFB)

h. Awards & Decs: AFTR, NDSM.

‘

1. Stmt of Sv: TMS: (03) Yrs (02) Mos (27) Daa
TAMS: (02) Yre (10) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/12/14.
(Change Discharge to Honorable)
FD2001-0560
ISSUES ATTACHED TO BRIEF.

ATCH

. Applicant's Issues.

Discharge Documents.

Two Letters of Appreciation.

428 SPS/CCF Correspondence, 6 Jul 94.
Memorandum For Air Force One, 14 Feb 964.
Recommendation for Discharge.

Two Enlisted Peformance Reports.

~Ioam Un ee le BD

02/04/18/ia
Fp200/- Ole O

DEPARTMENT OF TIE AIR FURCE
305th Air Mobility Wing (AMC)

 

30 AUG 1996

MEMORANDUM FOR 305 AMW/CC
FROM: 305 AMW/JA

2901 Falcon Lang
McGuire AFB, NJ 08641-5002

SUBJECT: Discharge Action Under AFi 36-320 8 ,=ihiiiiipirscmeesseiietlian
amine 305 SPS, MeGuite AFB, NJ - ‘Action

Memorandum

 

l. This case is presented to the 305 AMW/CC for action as separation
authority pursuant to AFI 36-3208, paragraph 5.49, On 29 Aug 96, the
respondent's commander, 305 SPS/CC, initiated administrative discharge
action against the respondent under AFI 36-3208, paragraph 5.49., Minor
Disciplinary Infractions. The commander recommended the respondent be
separated from the Air Force with a General Discharge without Probation and
Rehabilitation (P&R). On 30 Ang 96, the respondent waived his right to
consult with counsel and submit matters for your consideration (Atch 3). The
discharge package is levally sufficient to support discharge under AFI 36-
3208, paragraph 5.49.

2. As separation authority, you have the following options:

a. Retain the respondent by terminating the discharge action and
returning the discharge package back to the respondent’s commander; or

b. Direct the respondent be separated from the Air Force with an
Honorable or General discharge with or without an offer of P&R.

3. FACTS:

a. Personal Data: The respondent is 24 years old. The respondent's
current enlistment began on 15 Oct 93 for a term of 4 years. The

respondent’s TAFMSD is 15 Oct 93.

b. For the Government: A preponderance of the evidence establishes that
the respondent has engaged in the following actions which interfores with

respondent’s assignment and/or duty performance:

DATE INCIDENT ACTION BY UNIT

6 Mar 95 Failure to go LOR

4 May 95 Failure to go LOC
6 Sep 95 Dereliction of duty LOR
26 Mar 95 Dereliction of duty LOR
15 Nov 95 Failure to ga LOR
17 Oct 95 Dereliction of duty MFR
11 Jan 96 Deretliction of duty LOR
3 Apr 96 Failure to go LOR

c. For the Respondent: The respondent has two Enlisted Performance
Reports (EPR) on file with the following overall ratings: 2 and 3. The

respondent is authorized to wear the National Defense Service Medal and the
Air Foree Training Ribbon.

4. ERRORS AND IRREGULARITIES: This case has been processed in
substantial compliance with AFI] 36-3208. The respondent has been afforded

all the duc process rights and protections to which the respondent is entitled.
The case file is legally sufficient to support discharging the respondent from
the Air Force under the basis recommended by the initiating commander.

5. DISCUSSION: Airmen may be discharged for a pattern of misconduct
consisting solely of Minor Disciplinary Infractions under AFI 36-3208,
paragraph 5,49 when the infractions involve failure to comply with
nonpunitive regulations or minor offenses under the UCMJ. Pursuant to AFI
36-3208, paragraph 1.17.3., service characterization is usually based on a
pattern of behavior rather than an isolated incident and, according to
paragraph 1.18.2., a general discharge is warranted when an aifman’s service
has. been honest and faithful but significant negative aspects of the airman’s
conduct or performance of duty outweigh positive aspects of the airman’s
military record. Frobation and Rehabilitation (P&R) is not warranted in this
case ia De 0 5 SPS/CC, does not believe probation and

  
 

rehabilitation is appropriate because doos not exhibit the ability
to conform to established military standards.
fib 2o0/- OSG°

6. RECOMMENDATION: [recommend you direct the respondent be

separated from the United States Air Force with a General discharge without
offering P&R. Should you concur, pleage sign the proposed order attached.

      

I concur.

Attachments:
1. Proposed Order
2. Case File
FD7e0/- 0500

DEPARTMENT OF THE AIR FORCE
305th Air Mobility Wing (AMC)

 

25 auc 1998"

 

MEMORANDUM FORM

FROM: 305 SPS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Minor Disciplinary Infractions. The
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If my recommendation for discharge is
approved, your service may be characterized as Honorable or General. I am recommending that your service be
characterized as General.

2. My reasons for this action are:

a, You did, at or near McGuire Air Force Base, New Jersey, on or about 6 Mar 95, without authority, fail to go at
the time prescribed to your appointed place of duty, to wit: Building #1738 in violation of Article 86, UCM, Vailure to
Go. You received a letter of reprimand for this on 4 Apr 95,

b. You did, at or near Fort Dix, New Jersey, on or about 4 May 95, without authority, fail to go at the time
prescribed to your appointed place of duty, to wit: Walson Air Force Hospital in violation of Article 86, UCM, Failure
to Go, You received a letter of counseling for this on 5 May 95.

c. You, who knew of your duties at or near McGuire Air Force Base, New Jersey, on or about 6 Sep 95, were
derelict in the pérformance of those duties in that you willfully failed to conduct yourself in a professional manner, as it
was your duty to do in violation of Article 92, UCMJ, Dereliction of Duty.

d, You, whe knew of your duties at or near McCiuire Air Force Base, New Jersey, on or about 26 Mar 95, were
derelict in the performance of those duties in that you willfully failed to conduct yourself in a professional manner, as it
was your duty to do in violation of Article 92, UCMJ, Dereliction of Duty. You recieved a letter of reprimand for the
offenses listed in paragraphs ¢ and d on 4 Oct 95.

é, You did, at or near McGuire Air Force Base, New Jersey, on or about 15 Nov 95, without authority, fail to go at
the time prescribed to your appointed place of duty, to wit: Building #1738 in violation of Article 86, UCMI, Failure to
Go. You received a letter of reprimand for this on 15 Nov 95, ,

f. You, who knew of your duties at or near McGuire Air Force Base, New Jersey, on or about 17 Oct 95, were
derelict in the performance of those duties in that you willfully failed to conduct yourself in a professional manner, as it
was your duty to do in violation of Article 92, UCMJ, Dereliction of Duty. You received a memorandum for record for

~ this on 14 Dec 95.

gp. You, whe knew of your duties at ot near McGuire Air Force Base, New Jersey, on or about 11 Jan 96, were
derelict in the performance of those duties in that you willfully failed to conduct yourself in a professtonal manner, as it
was your duty to do in violation of Article 92, UCMJ, Dereliction of Duty. You rcocived a letter of reprimand for this
on 12 Jan 96,

h. You did, at or near McGuire Air Force Base, New Jersey, on or about 3 Apr 96, without authority, fail to go at
the time prescribed to your appointed place of duty, to wit: Building #1738 in violation of Article 86, UCMI, Failure to
Go. You received a letter of reprimand for this on 7 Apr 96,
. FR200[-OS56O

3, Copies of the documents to 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 characterized. If you are discharged, you
will be ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have made an
eon for you to consult with sili Area Defense Counsel, at Bldg 2906, Rm 33, on

“e 2 Sh at _] [00 hrs. 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 by 4 oe P %& (3 workdays from the date of this memorandum) unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will constitute a waiver of
your right to do so.
C

7. You have been scheduled for a medical examination. You must report to

on 2.9 AA FE (date) at _ 0d - Zee (time).

 

 

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

Commander

Attachments:

. Letter of Reprimand, 4 Apr 95

AF Form 174, Record of Individual Counseling, 5 May 95
Letter of Reprimand, 4 Oct 95

. Letter of Reprimand, 15 Nov 95

Memorandum for Record, 14 Der 95

. Letter of Reprimand, 12 Jan 96

. Letter of Reprimand, ? Apr 96