AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLEINITIAL)__ “GRADE ] AFSN/SSAN _

 

AIC

 

PERSONAL APPEARANCE —__ __|_X RECORD REVIEW

 

] NAME OF COUNSEL ANB OR ORGANIZATION ADDRESS AND GK ORGANIZATION OF COUNSFI.

 

 

 

 

 

 

 

 
 

 

  

DOR: OTHER

MEMBERS SETTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IsSUES “| TNDEX NUMBFE z a.SUne

A95.00 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE ”
3 | LEVTER GF NOTIFICATION

HEARING DATE ~ CASE NUMBER 4 | BRIEF OF PERSONNEL FILE -

 

15 Oct 02 FD2002-0071 “GOUNSHI-8 RELEASE TO THE BOARD

ADDUTIGNAL EXITS SUBMITIED AT TIME OF
PURSONAL APTRARANCE.

 

 

 

 

TATE RECORDING OF PRRSGNAL APPERANCH HEARING

 

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AR PRONRD DECC TE.

 

   

 

 

   

REMARKS

Case heard at Washington, D.C.
Advise applicant of the decision of the Board and the right to submit an application ta the AFBCMR.

NOTE: Applicant failed to appear at his hearing, He was sent a letter containing (he day and location of his hearing and
failed to appear at the appointed time without making a request for a continuation, postponement, or withdrawal. In this
casc, the applicant shall be deemed to have waived the right to a hearing, and the DRB completed its review of the
discharge.

 

 

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SAl/MIBR SECRETARY OF TIE AIX FORCE PERSONNE], COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE IMSCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

AFHO FORM 0-2077, JAN 00 (EF-V2) Previous cdilion will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | j3509.097)

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

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

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

FINDINGS. Upgrade of discharge is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for wrongfully starting leave out of the local area and signing an official record knowing that is
was false. He also received two Letters of Reprimand for sleeping while on duty and failure to install a
vehicle license plate bracket. In addition, he received a Memorandum for Record for getting two traffic
citations and a Letter of Counseling for unsatisfactory duty performance. The DRB opined that through
these administrative actions, the applicant had amplé opportunities to change his negative/repetitive
behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct
expected of all military members. The Board found no evidence of impropriety or inequity m this case on
which to base an upgrade of discharge.

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 equiiable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0071
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former ALC) {HGH Alc}

1. MATTER UNDER REVIEW: Appl rec’d a GEN Digch fr USAF 99/11/24 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 77/12/05. Enlmt Age: 18 8/12. Disch Age: 21 11/12. Educ :HS DIPL.
AFOT: N/A. A-50, E-67, G-57, M-50. PAFSC: 22031 - Maintenance Data Systema &
Analysis Apprentice. DAS: 97/10/01.

b. Prior Sv: (1) AFRes 96/08/19 — 96/12/10 (3 months 21 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 96/12/11 for 4 yrs. Svd: 02 Yrs 11 Mo 14 Das, all AMS.

b. Grade Status: Ailc - 99/06/01
AMN - (EPR Indicates): 96/12/11~-98/08/10

ce, Time Lost: none.

d. Art 15’s: (1) 98/01/23, Whiteman AFB, MO - Article 92. You did, on
or about 19 Dec 97, fail to obey a lawful general
regulation, to wit: API 36-3003, Military Leave
Program, para 6, dated 1 Nov 95, by wrongfully starting
leave out of the local area. Article 107, You did, on
or about 6 Jan 98, with the intent to deceive, aign an
official record, to wit: AF Form 986,
Leave/Authorization, which record was false in that you
marked the "No Change" block in Section III, indicating
that you had left the local area for leave on 22 Dec
97, and was then known by you to be ao falge.

Reduction to AB (suspended until 22 Jul 98), and 15
days extra duty. (No appeal) (No mitigation}

-@, Additional: LOR/UIF, 01 NOV 99 - Sleeping on post.
LOR, 22 OCT 99 « Failure to install a vehicle license
plate bracket.
MFR, 18 OCT 99 - Two traffic citations.
LOC, 16 MAR 99 ~ Unsatisfactory duty performance.

f. CM: none.

g. Record of SV: 96/12/11 - 98/08/10 Whiteman AFB 2 (Initial) REF
FD2002-0071

98/08/11 ~ 98/12/30 Whiteman AFB 3 (CRO)
(Discharged from Whiteman AFB}

h. Awards & Dees: AFTR, AFAM, AFOUA,

i. Stmt of Sv: TMS; {3) ¥os (3) Mos (6) Dag
TAMS: (2) ¥ra (11) Mos (14) Das

4.° BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/02/13.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
nore .

02/05/29/ia
Fp 2ama~ ad 7]

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 509TH BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

MEMORANDUM FOR 509 BW/CC |
Le 1.9 NOV 4999
FROM: 509 awit

SUBJECT: Finai Legal Review, AFI 36-3208, Administrative Discharge

Al C SN 509 05S

1. BASTS OF ACTION: The respondent's squadron commander initiated discharge action
under AFPD 36-32 and Al‘I 36-3208, paragraph 5.49, for minor disciplinary infractions, He
recommends an under honorable conditions (general) discharge without probation and
rchabilitation.

2. EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to
substantiate discharge under paragraph 5.49. Specific instances of the respondent's minor
disciplinary infractions include:

a, On or about 24 Oct 99, he was caught sleeping while manning a guard post during the
wing’s recent nuclear generation exercise.

b. On or about 15 Oct 99, he requested time off from work to purchase and install a front
- license plate bracket yet on or about 22 Oct 99 no bracket or license plate was installed on his
vehicle.

c. On or about 12 Oct 99, he was issued two traffic citations. The first citation was for
operating a motor vehicle without proper registration, and the second was for not having a front
license plate.

d. Between on or about 1 Mar 99 through 5 Mar 99, he did not perform his assigned
duties in the manner he was ordered.

e. On or about 19 Dec 97, he disobeyed a lawful gencral regulation, to wit: Air Force
Instruction 36-3003, Military Leave Program, by wrongfully starting leave out of the local area.

f. On or about 6 Jan 98, with the intent to deceive, he signed an official record to wit:
AF Form 988, Leave/Authorization, which record was false in that he marked the “No Change”
block in Section III, indicating that he had left the local area for leave on 22 Dec 97, and was
then know by him to be so false.

3, EVIDENCE FOR THE RESPONDENT: A1C sis 21 years old, He consulted
counsel and submitted matters in his behalf. Al ntered the Air Force on 11 Dec 96. He
is entitled to wear the Air Force Outstanding Unit Award and the Air Force Training Ribbon. In
his Fesponss to his notification of potential discharge, Alcea requests that he be retained in
Pp2zc0zZ~ 707/

the Air Force. However, if you elect to discharge him, he requests that his service be
characterized as honorable and that it not be effective until 11 December to ayoid losing the
$1,200.00 he has invested in the Montgomery G.I. Bill.

4. DISCUSSION: AC @gGPhas failed to comply with military standards, He received an
Article 15 for knowingly abusing the military leave program despite being briefed by his
supervisors on what he could and could not do. He was counseled and later reprimanded for not
properly registering and licensing his vehicle, and his record further reflects he has been
counseled on at least three other occasions for poor duty performance. Most recently, A1C

received a letter of reprimand for sleeping while on guard duty during a recent exercise.
Despite the many opportunities lo correct his behavior, A1C RP has failed to do so. His
conduct warrants a discharge for cause. The potential of losing his veteran’s educational benefits
is a factor that should have motivated A1C to be more conscientious in his personal
conduct, Retaining ALC BBP on active duly in a probationary status is not consistent with
good order and discipline.

5. DISPOSITION ALTERNATIVES: You, as the special court-martial convening authority,
are the separation authority for this action. You may:

(a) rctain the respondent in the Air Force;

(b) direct that the respondent be separated with an under honorable conditions (general)
discharge, with or without probation and rehabilitation;

(c) recommend the respondent be separated with an honorable discharge, with or withoul
probation and rehabilitation, and forward this case to the general court-martial convening

authonly (8th AF/CC) for action;

(d} direct this case bc reinitiated pursuant to the board hearing procedures of AFI 36-3208,
Chapter 6, Section C, if you feel a discharge undcr other than honorable conditions (UOTHC) is
Warranted; or

(e) direct the case be reinitiated under another paragraph of AFI 36-3208, if you dcem it more
appropriate,

6. RECOMMENDATION: [recommend you discharge the respondent, charactcrizing his
service as under honorable conditions (general), without probation and rehabilitation. If you
apree, please sign the attached correspondence and return this file to JA for further processing.

 
  

: eo . a Capt, USAF
+ Chief, Civil Law

Attachment:
Discharge Package/A1 cha?
frp 2002 -007/

DEPARTMENT OF THE AIR FORCE
509th OPERATIONS SUPPORT SQUADRON (ACC)
WILTEMAN AIR FORCE BASE, MISSOURI

S Now 49

UM FOR 41 COREA , 509 Oss

SS/CC

tification Memorandum

nending your discharge from the United States Air Force for minor disciplinary
2 authorities for this action are AFPD 36-32 and AF 36-3208, paragraph 5.49. If
lation is approved, your service may be characterized as honorable or under

‘itions (general). [ am recommending that your service be characterized as under
itions (general).

‘or this action are:

r about 24 Oct 99, you were caught sleeping while manning a guard post during
nt nuclear generation. For this you received a Letter of Reprimand, dated 1 Nov
Maced in your existing Unfavorable Information File, (Atch 1a)

rt about 15 Oct 99, you requested time off from work to purchase and install a
ite bracket, On or about 22 Oct 99 no bracket or license plate was installed on

or this you received a Letter of Reprimand dated 22 Oct 99, which was placed in
Information File. (Atch 1b)

rabout 12 Oct 99, you were issued two traffic citations. The first citation was for
ot vehicle with out proper registration and the second was for not having a front
or this you were counscled as documented by Memorandum for Record, dated 18

¢)

‘cen on or about 1 Mar 99 through 5 Mar 99, you did not perform your assigned
nner which you were ordered. For this your received a Letter of Counseling,
), which was placed in an Unfavorable Information File. (Atch 1d)

jid at or near Whiteman Air Force Base, Missouri, on or about 19 Dec 97, fail to
sneral regulation, to wit: Air Force Instruction 36-3003, Military Leave Program,
ted 1 Nov 95, by wrongfully starting leave out of the local area, in violation of
32. For this you received an Article 15, dated 1! Feb 98. (Atch Ic)

‘about 6 Jan 98, with the intent to deceive, sign an official record to wit: AF
e/Authorization, which record was false in that you marked the “No Change”

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block in Section IH, indicating that you had left the local area for leave on 22 Dec 97, and was
then know by you to be so false, in violation of UCMJ, Article 107. For this you received an
Article 15, dated 11 Feb 98, (Atch 1e)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are altached. The commander exercising Special Court-Martial convening
authority 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 and any special pay, bonus, or education
assistance funds may be subject to recoupment.

4. You have the right fo consult counsel. Military legal counsel has been obtained to assist you.
i have made an appointment for you to consult Captain gap at building 509 on
5 Mew 94 | . 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

scparation authority to consider must reach me by_jo Nev 49 . 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 behal!, 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 Physical Exams at
joze on \ ov 44 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 your Orderly Room.

9, Execute the attached acknowledgment and return it to me immediately.

    

Be Lt Col, USAF

Attachments:
1. Supporting documents -- for the reason for discharge.
a. LOR, dated [Noy 99
b. LOR, dated 22 Oct 99
c. Memo for Record, dated 18 Oct 99
d. LOC/UIF, dated 16 Mar 99
e, AF FForm 3070, dated 11 Feb 98

2. Airman's receipt of notification memorandum, dated_5 N_4 a