TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBERS SITTING

 

 

 

 

%) >| ><) ><] >

 

 

 

 

 

ISSUES INDEX NUMBER

   

ORDER APPOINTING-THE BOARD |
ran ee reaanetts ane err

 

 

 

A92.35, A92.37, A67.05_—_ | A67.50 1 BR AP 1 7
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

02-09-06 FD2002-0008 rr

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL. APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
7 77 FETS RE

 

 

REMARKS
Case heard at Washington, D.C,

Advise applicant of the decision of the Board aud the right to a personal -~ “counsel, The right to
submit an application to the AFBCMR.

 

a

 

SIGNATURE OF RECO is ae ee OF BOARD PRESIDEN
Ee , , “ i sii cited ™ -

(a

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 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 | ¢p092-0008

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

The attached brief contains available Pertinent data o on 1 the applicant and the factors leading to the discharge.
ee : Cheapo sa anne =

| FINDINGS: Upgrade of discharge 1S denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for a pattern of misconduct. He had a Letter of Admonishment, a Letter
of Reprimand, three Letters of Counseling, an Article 15, and a vacation of suspended punishment. His
misconduct included two instances of failure to go, speeding in a Security Forces vehicle, being drunk and
disorderly, joyriding in a golf cart at night and causing significant damage to the golf course, violating a
lawful order not to discuss an investigation, and making a false official statement. Member was referred to
the Mental Health Clinic due to his alcohol-related incident, but no diagnosis was made and he was
apparently not entered into any particular programs. At the time of the discharge, applicant waived his right
to submit a statement in his own behalf. He now contends his discharge was based on one isolated incident
during his period of service. The Board finds this issue without merit in that member’s misconduct
| consisted of a series of incidents that were of a very serious nature. His conduct was a significant departure
from the standards expected of airmen, and although member was counseled repeatedly and given
numerous opportunities to improve and change his negative behavior, he was unable or unwilling to do so.
Therefore, no inequity or impropriety was found in his discharge in the course of the records review.

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
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS OGDEN AIR LOGISTICS CENTER (AFMC)
HILL AIR FORCE BASE, UTAH

28 March 2000

MEMORANDUM FOR 75 ABW/CC

FROM: O0-ALCIJA.

  

SUBJECT: Admmmstrative Discharge Leg

 

1. Ihave reviewed the attached discharge package concerning él wi iy respondent) and find it

legally sufficient.

2. Background: On 24 March 2000, the 75” Security Forces Squadron Commander notified the respondent
that he was recommending his discharge from the Air Force for a pattern of misconduct, under AFPD 36-32
and AFI 36-3208, paragraph 5.50. In his 26 March 2000 memorandum, the commander recommends you

discharge the respondent with a general discharge.

3. Evidence for the Commander:

a. On or about 15 November 1999, the respondent signed a false official statement. For this act of
misconduct, he received a vacation of suspended punishment, dated 20 March 2000. (Atch la)

b. Between on or about 24 November 1999 and 27 November 1999, the respondent willfully damaged
golf course sand pits, greens, and golf carts, military property of the United States, and disobeyed a lawful
order. -In addition, on or about 20 January 2000, he failed to go at the time. prescribed to his appointed place

of duty. For these acts of misconduct, he received an Article 15, dated 24 February 2000. (Atch 1b)

c. On or about 16 May 1999, the respondent failed to secure the drop lock onto the security forces
armory door. For this misconduct, he received a Letter of Counseling (LOC), dated 17 June 1999. (Atch ©

Ic)

d. On or about 18 May_1998, the respondent was involved in a drunken brawl with another member of

his unit in public. For this a act of misconduct, he received a Letter of Reprimand (LOR), dated 19 May 1998.

 

(Atch 1d) =

e. On or about | April 1998, the respondent parked his vehicle in a Handicapped slot at the base
hospital. For this act of misconduct, he received a Letter of Admonishment (LOA), dated 1 April 1998.

(Atch le)

 

f. On or about 11 March 1998, the respondent missed his mandatory Physical Training Test. For this
act of misconduct, he received an LOC, dated 22 March 1998, (Atch If)

g. On or about 23 January 1998, the respondent was observed operating a Security Forces vehicle at
excessive speeds without reason. For this act of misconduct, he received an LOC, dated 23 January 1998.

(Atch lg)
4. Evidence for the Respondent: After consulting with counsel, the respondent elected not to submit a
statement for you to consider.

 

5. Errors or Irregularities: In respondent’s 28 March 2000 memorandum, he wrongfully states that he is
being discharged under AFI 36-3208, paragraph 5.49 for minor disciplmary infractions. However, the
notification letter, dated 24 March, and the receipt of notification letter signed by the respondent on 24

March, clearly identify the basis for the discharge action under AFI 36-3208, paragraph 5.50 for a pattern of :

misconduct. Therefore, the respondent was appropriately notified of the basis of his discharge and the error
occurring on his subsequent memorandum is of no legal significance.

1 a lin el Re PREP ——

“6: Discussion: Under AFP 36-32 and AFI 36-3208, paragraph 5.50, an airman may be administratively

discharged in the current enlistment for a pattern of misconduct. In this case, the respondent’s conduct
warrants an administrative discharge. He has shown disregard for rules and standards and has failed to
conform his conduct despite several Jetters of counseling, a letter reprimand, an Article 15 and a vacated
suspended punishment. Furthermore, the proper characterization of the respondent’s discharge is general.

A general characterization is warranted, according to AFI 36-3208, paragraph 1.18.2, when significant
negative aspects of an airman'’s conduct outweigh the positive aspects of his military record. In this case, the
pattern of misconduct in which the respondent has engaged does outweigh the positive aspects of his
service.

7. Options: As the Special Court-Martial Convening Authority, you have the following options:
a. Terminate this action by directing the respondent be retained in the Air Force.

b. Recommend to the GCMCA authority that the respondent be discharged with an honorable
characterization, with or without probation and rehabilitation (P&R).

c. Order the respondent be discharged with a general discharge characterization, with or without an
offer of P&R.

8. Recommendation: I recommend you order the respondent’s discharge from the Air Force with a general
discharge, without P&R.

 

Attachment
Case File
FD2002-0008

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

ines. (Former AB) (HGH Alc)
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/04/05 UP AFI 36-3208,
para 5.50 (Pattern of Misconduct). Appeals for Honorable Disch..,

a

2. BACKGROUND:

a. DOB: 77/02/19. Enlmt Age: 19 7/12. Disch Age: 23 1/12. Educ:HS DIPL.
AFQT: N/A. A-61, E-41, G-44, M-57. PAFSC: 3P051 - Security Forces Journeyman.

DAS: 97/07/28.

b. Prior Sv: (1) AFRes 96/09/20 - 97/03/11 (5 months 22 days) (Inactive) .

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 97/03/12 for 4 yrs. Svd: 03 Yrs 00 Mo 24 Das, all AMS.

b. Grade Status: AB - 00/02/24 (Article 15, Vacation, 00/03/20)
AMN - 00/02/24
A1lC - 98/07/12
AMN - 97/09/12

c. Time Lost: none.

d. Art 15’s: (1) 00/03/20, Vacation, Hill AFB, UT - Article 107. You
did, on or about 15 Nov 99, with intent to deceive,
sign an official statement, to wit: custody of my son
will start on 1 Dec 99, which statement was totally
false, and was then known by you to be so false.
Reduction to AB. (No appeal) (No mitigation)

(2) 00/02/24, Hill AFB, UT - Article 92. You, did, having
*~"“knowledge of a lawful order issued by TSgt ------ not
to discuss, disclose or proyvide..information of any: -
portion of the investigation, an order which it-was
your duty to obey, did, on.or about 27 Nov 99, fail to
obey the same by wrongfully talking about the case with
Amn ----- . Article 108. You, did, between on or about
24 Nov 99 and 26 Nov 99, without proper authority,
willfully damage golf course sand pits,greens and golf
carts, military property of the United States, the
amount of said damage being in the sum of about
—~“$3570.24. Article 86. You, did, on or about 20 Jan
00, without authority, fail to go at the- time
prescribed to your appointed place of duty. Reduction
to Amn. Reduction to AB suspended until 23 Aug 00.
Forfeiture of $502.00 pay per month for two months
ae RE

FD2002-0008

(suspended until 23 Aug 00), and 30 days extra duty.
(Appeal/Denied) (No mitigation)

e. Additional: LOC, 17 JUN 99 - Dereliction of duty.
LOR, 19 MAY 98 ~ Drunk and brawling.
LOA, 01 APR 98 - Illigal parking.
LOC, 22 MAR 98 - Failure to go.
LOC, 23 JAN 98 - Speeding.

£. CM: noney-s- 6 se nee =

g. Record of SV: 97/03/12 - 98/11/11 Hill AFB 4 (Initial)
98/11/12 - 99/08/26 Hill AFB 5 (CRO)

(Discharged from Hill AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TS: (03) Yrs (06) Mos (16) Das
TAMS: (03) Yrs (00) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/12/18.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 74 months of service with no other adverse action.

ATCH
none.

02/07/18/ia
CY 4 Froo02- COS

__ DEPARTMENT OF THE AIR FORCE
75' SECURITY FORCES SQUADRON (AFMC)
HILL AIR FORCE BASE, UTAH

 

  

DY ve oo

FROM: 75 SFSWC@OC Oe * Lee cane tig,

MEMORANDUM FORSGIn

 

SUBJECT: Notification Letter

1. Lam recommending your discharge from the United States Air Force for a pattern of misconduct. The
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50. If my recommendation is
approved, your service will be characterized as honorable or general. I am recommending your service
be characterized as general.

2. My reasons for this action are:

a. On or about 15 November 1999, with intent to deceive, you signed a false official statement. For
this act of misconduct, you received a vacation of Suspended punishment, dated 20 March 2000. (Atch

la)

b. Between on or about 24 November 1999 and 27 November 1999, you willfully damaged golf
course sand pits, greens, and golf carts, military property of the United States, and disobeyed alawful = --
order. In addition, on or about 20 January 2000, you failed to go at the time prescribed to your appointed

place of duty. For these acts of misconduct, you received an Article 15, dated 24 February 2000. (Atch
1b)

c. On or about 16 May 1999, you failed to secure the drop lock onto the security forces armory door.
For this misconduct you received a Letter of Counseling (LOC), dated 17 June 1999. (Atch Ic)

d. On or about 18 May 1998, you were involved in a drunken brawl! with another member of your
unit in public. For this.act of misconduct you received a Letter-of Reprimand (LOR), dated 19 May
1998. (Atch 1d)

e. On or about 1 April 1998, you parked your vehicle in a Handicapped slot at the base hospital. For
this act of misconduct, you received a Letter of Admonishment 0a); dated 1 April 1998. (Atch le)

f. On or about 11 March 1998, you missed your mandatory Pliysical Training Test. For this act of
misconduct, you received an LOC, dated 22 March 1998. (Atch 1f)

cena Te»

g. On or about 23 January 1998, you were observed operating a Security Forces vehicle at excessive
speeds without reason.” For this act of misconduct, you received an LOC, dated 23 January 1998. (Atch

1g)
“ 0 PD2E0R- CO8

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
determine 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. Ihave
made an appointment for you to consult with the Area Defense Counse 9AM: building 1205,
on 27 IME os at 0¥% ~. 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 24 #2 _, 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.

7. You have been scheduled for a medical examination. You must report to the physical exam section of
the base clinic on D1 IMR oo _, betWeen 1300 and 1500 for the examination.

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 unit orderly room.

  
 
   

Commander
Attachments:
la. AF Form 366, dtd 20 Mar 00/Response

b. AF Form 3070, dtd 24 Feb 00/Legal Review/Appeal
LOC, dtd 17 Jun 99
LOR, dtd 19 May 98
LOA, dtd 1 Apr 98
LOC, dtd 22 Mar 98
LOC, dtd 23 Jan 98

“9. ‘Airman’ Receipt of Notification Letter

coments

m mp ae