NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

PERSONAL APPEARANCE

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBERS SITTING

Beer arr rer

 
 
 
 

 

 

 

 

 

 

 

 

 

 
  
        
  
   
 
  

ISSUES INDEX NUMBER
A94.53, A92.37, A67.05 A67,50
HEARING DATE CASE NUMBER
02-08-23 FD2002-0030

 

 

 

 

 

 

 

 

 

EXUDES SUDMILE REE TLE THE BDA
R APPOINTING THE BOARD

 

  

 

   

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

BRIEF OF PERSONNEL FILE

wel col el ee

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

“REMARKS
Case heard at Washington, D.C.

SIGNATURE OF RECORDER

  

SIGNATURE OF BOARD

 

PW BOARS DECISI

    

 

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel.

DD Form 149 submitted. The case will be forwarded to the AFBCMR for further processing.

 

 

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

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

1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHO FORM 0-2077, JAN 00 _

(EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. | pp907.0030

GENERAL: The applicant appeals for upgrade of discharge to honorable, and to change his reenlistment
code.

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 on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, and change of reenlistment code, are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for both unsatisfactory performance and a pattern of misconduct.
Misconduct was the primary reason for discharge. He had two Letters or Records of Individual Counseling,
a Letter of Admonishment, two Letters of Reprimand, an Article 15 and an Unfavorable Information File.
His misconduct included multiple instances of disrespect to commissioned and noncommissioned officers,
failure to go on at least two occasions, dereliction of duty, and falsifying official documents with intent to
deceive. His record indicated he had been counseled repeatedly for being argumentive and for absences
from work. He was also suspected of malingering Member also twice failed his end of course
examination, and had one Enlisted Performance Report with an overall rating of “3.” The record further
reflected member had been under care by the Mental Health clinic for the period September 99 until his
discharge and had been diagnosed with a depressive disorder, personality disorder, and occupational
problem, and had been sent to an anger management class. At the time of the discharge, after consulting
counsel applicant waived his right submit statements on his own behalf. The Board noted that member was

responsible for his actions of misconduct and was properly held accountable for those. He was counseled
repeatedly and given numerous opportunities to conform his behavior but failed to respond to those
rehabilitative efforts. No inequity or impropriety was found in this discharge in the course of the records
review.

The applicant cited his desire to return to military service. While the Board commends applicant on this
desire, and is sympathetic to the impact a General discharge has on his reenlistment code, this is not a
matter of equity or propriety that warrants 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
FD2002-0030
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/05/31 UP AFI 36-3208,
para 5.26.3 and 5.50.2 (Unsatisfactory Performance and Pattern of Misconduct).
Appeals for Honorable Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 80/11/19. Enlmt Age: 18 2/12. Disch Age: 20 6/12. Educ:HS DIPL.
AFQT: N/A. A-50, EB-62, G-59, M-60. PAFSC: 4A031 - Health Services Management
Journeyman. DAS: 99/06/14.

b. Prior Sv: (1) AFRes 98/08/25 - 99/02/16 (5 months 22 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/02/17 for 4 yrs. Svd: 02 Yrs 03 Mo 15 Das, all AMS.

b. Grade Status: Alc - 00/06/17
AMN - (EPR Indicates): 99/02/17-00/10/16

ec. Time Lost: none.

d. Art 15’s: (1) 01/03/15, Luke AFB, AZ - Article 86. You, did, on or
about 27 Feb 01, without authority, go from your
appointed place of duty. Article 89. You, did, on or
about 27 Feb 01, behave youself with disrespect toward
Captain ------ , your superior commissioned officer,
then known by you to be your superior commissioned
officer, by saying to her, "Okay, you're going to have
to move." or words to that effect. Reduction to AB
(suspended until 14 Sep 01), and 30 days extra duty.
(Appeal/Denied) (No mitigation)

e. Additional: LOA, 03 SEP 99 - Disrespect to a noncommissioned officer.
RICK 13 JUN 00 - Altering documentation with intent to
deceive.
RIC, 14 DEC 00 - Failure to go.
LOR/UIF, 22 JAN 01 - Making a threat towards a commissioned
officer.
LOR, 02 APR 01 - Dereliction of duty.
EOC, 22 JAN 01 - Failed second module of end of course
examination.
EOC, 10 APR 01 ~ Failed second end of course examination.

£f. CM: none.
FD2002-0030
g. Record of SV: 99/02/17 - 00/10/16 Luke AFB 3 = (Initial)

(Discharged from Luke AFB)

h. Awards & Decs: AFTR, AFOUA.

*

iL. Stmt of Sv: TMS: (02) Yrs (09) Mos (07) Das
TAMS: (02) Yrs (03) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/01/14.
(Change Discharge to Honorable and Change RE Code)

Issue 1: The issue I would like to bring to the board's attention is just
one thing. I would like to have the re-code changed to a re-code that I may be
able to re-enlist. I made mistakes while on active duty the first time. I have
learned from those mistakes that I have made in the past. All that I ask of you
the members of the board is to be able to get another chance to serve on active
duty again. Thank you.

ATCH
1. Applicant's Issues.
2. DD Form 149.

02/04/26/ia
é fp 200z2- BO 5O)

@ evar TMENT OF THE AIR FOR™
56th Fighter Wing (AETC)
Luke Air Force Base Arizona

 

 

1. ACTION: This case is before you for review and action in your capacity as the separation
authority. The 56 MDOS/CC recommends the Respondent be separated from the United States
Air Force with a general discharge without probation and rehabilitation pursuant to AFI 36-3208,
paragraph 5.2633, for failure to progress in on-the-job training, and paragraph 5.50.2, for a pattern
of misconduct. I concur.

2. BACKGROUND: The Respondent is 20 years old and has served approximately one year
and three months of his initial four year enlistment in the United States Air Force. His AQE
scores are: Adm - 50; Elect - 62; Gen - 59; and Mech - 60. The Respondent has one EPR, rated
an overall 3, dated 14 Nov 00. The Respondent’s awards and decorations include the Air Force
Outstanding Unit Award, and the Air Force Training Ribbon.

3. FACTS: The following actions from the Respondent’s current enlistment establish the basis
for discharge under paragraphs 5.26.3 and 5.50.2:

a. Pattern of miscondict:

(1) On 2 Sep 99, the Respondent used disrespectful language towards a Noncommissioned
Officer and received a Letter of Admonishment.

(2) On 13 Jun 00; the Réspondent altered documentation with intent to deceive his
supervisors and received 4 Record of Individual Counseling.

(3) On 11 Dec 00, the Respondent failed to report to his appointed place of duty at the
prescribed time and expressed negative “tones” towards a Commissioned Officer. For this
misconduct, he received a Record of Individual Counseling.

(4) On or about 9 Jan 01, the Respondent threatened a commissioned officer, For this
misconduct, he received a Letter of Reprimand and a UIF.

(5) On 27 Feb 01, the Respondent failed to report to his appointed place of duty at the
prescribed time and used disrespectful language towards a commissioned officer. He received an
Article 15. The punishment included a suspended reduction to E-1 and 30 days extra duty.
wo e Qi fr2ee2-s040°

(6) On 26 Feb 01, the Respondent was derelict in the performance of his duties and
received a Letter of Reprimand.

b. Failure to progress in on-the-job-training:

(1) On 22 Jan 01, the Respondent failed the second module of his end-of-course
examination with a score of 64, failing to meet the minimum passing score of 65.

(2) On 10 Apr 01, the Respondent failed his second end-of-course examination with a
score of 63, failing to meet.the minimum passing score of 65.

4. RESPONDENT’S MATTERS: The Respondent has met with military defense counsel and
has elected to waive his right to submit a written statement concerning this discharge action.

5. BASIS FOR DISCHARGE: The commander’s recommendation cites two reasons for the
discharge: a pattern of misconduct and:failure to progress in on-the-job training. In such
cases, AFI 36-3208, paragraph 6.46, requires the separation authority to designate a primary
reason for the discharge. I recommend. you designate a pattern of misconduct as the primary
reason for discharge.

6. CHARACTERIZATION OF DISCHARGE: The Respondent s commander recommends a
general discharge service characterization for (ii —_

general (under honorable conditions) characterization of service’ is ‘appropriate if the airman’s
service has. been honest and faithful, and if significant negative aspects: of the airman’s conduct
or duty performance outweigh the positive aspects of his record. In this case, the Respondent
has received one Letter of Admonishment, two Records of Individual Counseling, two Letters
of Reprimand, and an Article 15 for misconduct. The negative aspects outweigh the positive
aspects of the Respondent’s service record; therefore, a general discharge is appropriate in this
case,

 

7. PROBATION AND REHABILITATION (P&R): P&R would be inappropriate in this

case. The Respondent has failed to respond to the numerous administrative actions offered to
him. It is doubtful that further rehabilitative efforts would be effective.

8. LEGAL SUFFICIENCY: There is a sufficient factual basis to support this discharge.
Further, this file has been prepared in substantial compliance with the provisions of AFI 36-
3208. Finally, the Respondent has been notified of this discharge, has met with military ~
defense counsel arid has been given an opportunity to respond. For these reasons, wé find this
case file legally sufficient.
6 PRBOCOR ~ DP SO

*

9. OPTIONS: As the separation authority you have the following options:
a. Retain the Respondent; or

b. Separate the Respondent with a general discharge without probation and rehabilitation,
designating either a pattern of misconduct or failure to progress in on-the-job-training as the
primary reason; or’

c. Forward the case to 19 AF/CC recommending the Respondent receive an honorable
discharge, with or without probation and rehabilitation; or

d. If you feel an under other than honorable conditions discharge is appropriate, return the
package to the squadron for processing in accordance with administrative discharge procedures.

10. RECOMMENDATION: Based on the foregoing, I recommend you separate the Respondent
from the United States Air Force with a general discharge, without probation and rehabilitation,
designating a pattetn of misconduct as the primary reason for discharge.

  

Staff Judge Advocate
o- DEPARTMENT OF THE AIR Ke Pb2e0/- 2033

56th Medical Operations Squadron (AETC)
Luke Air Force Base, Arizona

 

MAY 14 2001

   

MEMO} oo UM FO er — pac eartiGk sina seca nau a ™ oni
FROM: 56 MDOS/CC . .
SUBJECT: Notification Memorandum

1, Tam recommending your discharge from the United States Air Force for Unsatisfactory
Performance, specifically, Failure in On-the-Job Training and for a Pattern of Misconduct. I am
recommending that your pattern of misconduct be the primary basis for the discharge. The
authorities for these actions are AFPD 36-32 and AFI 36-3208, Section E, paragraph 5.26.3 and
Section H, paragraph 5.50.2. This type of discharge can result in either an honorable or getieral
discharge. I am recommending that your term of service be characterized as general.

2. My reasons for this action are:

a. On 2 Sep 99, you were disrespectful in language towards a Noncommissioned Officer.
A Letter of Admonishment, dated 3 Sep 99, evidences this misconduct.

b. On 13 Jun 00, you altered documentation, with the intent to deceive your supervisors.
A Record of Individual Counseling, dated 13 Jun 00, evidences this misconduct.

c. On 11 Dec 00, you failed to report to your appointed place of duty at the time
prescribed and expressed negative tones towards a Commissioned Officer. A Record of
Individual Counseling, dated 14 Dec 00, evidences this misconduct.

d. On or about 9 Jan 01, you made a threat towards a commissioned officer. A Letter of
Reprimand, dated 16 Jan 01 and establishment of an Unfavorable Information File, dated
22 Jan 01, evidences this misconduct.

e. On 27 Feb 01, you failed to report to your appointed place of duty at the time
prescribed and were disrespectful in language towards a commissioned officer. An Article 15,
dated 15 Mar 01, evidences this misconduct.

f. On 26 Feb 01, you were derelict in your duty performance by failing to relocate
medical records in a timely manner. A Letter of Reprimand, dated 2 Apr 01, evidences this
misconduct.

g. On 22 Jan 01 » you failed the second module of your end-of-course examination with a

score of 64 (minimum passing score required was 65) as evidenced by a report of course
examination, dated 22 Jan 01.
a pre eee
ow, @:

4 J
h. On 10 Apr 01, you"filed your second end-of-course exami OiMwith a score of 63

(minimum passing score required was 65) as evidenced by a report of course examination, dated
10 Apr 01.

3, Copies of the documents to be forwarded to the separation authority in support of this
recoinmendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the Air Force, and if discharged how
your sérvice will be characterized. If you are discharged, you will be ineligible for reenlistment
iti’ the Ait Force and any special pay, bonus, or education assistance funds may be subject to

recotipment.

4, You have the right to consult counsel. Military legal counsel has been obtained to assist you.
At appointment for you to consult the Area Defense ARPS Cygne 1150, Suite 3015, Luke
AFB, AZ, Extension 6701, has been scheduled for

at | ci #¢@ hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own baka. {py gfgtements you want the
separation authority to consider must reach me by A] unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

6. Failure to consult counsel or to submit statements in your own behalf constitutes a waiver of
your right to do so.

7. You must retrieve your medical records from 56th Medical Group Hospital Outpatient
Records and immiediately report to Physical Exams, Building 810, with your medical records and
your copy of this discharge package for medical review and/or examination.

8. The Privacy Act of 1974 covers any personal information you submit in rebuttal. A copy of
AFI 36-3208, is available for your use in your unit orderly room.

9. Sign the attached acknowledgment and retum it to me immediately.

 

PUI 1 Col, USAF

“Commander _

Attachments:

. Letter of Admonishment, dated 3 Sep 99

AF Form 174, dated 13 Jun 00

AF Form 174, dated 14 Dec 00

Letter of Reprimand, dated 16 Jan 01

AF Form 1058, dated 22 Jan 01

AF Form 3070, dated 15 Mar 01

Letter of Reprimand, dated 2 Apr 01 ‘
Report of Course Examination, dated 29 Jan 01 .

Report of Course Examination, dated 10 Apr 01

CHONDA RWNo