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TYPE

GEN PERSONAL APPEARANCE X RECORD REVIEW

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

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

  

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING
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ISSUES INDEX NUMBER ™ ‘EXHIBITS SUBMITEED. 10 THE BOARD
A92,15, A92,37, A93.33 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
L |
3 | LETTER OF NOTIFICATION
nd a _—.
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
e282? FD2002-0111 [| COUNSELS RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
“TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

   
 

DISEHARGE REVIEW } DECISIDNAE RATS

 

 

Case heard at Washington, D.C.

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

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

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SIGNATURE OF RECORDER

 

 

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

 

 

 

L ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00 (EF-V2) ; Previous edition will be used.
CASK NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | py902-0111

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 on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is 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 misconduct, conduct prejudicial to good order and discipline. He had
two Articles 15. His misconduct included two incidents of being absent without leave (AWOL), the first
time for 2 days and the second time for 4 days. For the first incident, state police had to be sent to
member’s family home to notify him to return to military custody. When he left again 10 months later, he
obtained civilian employment and had no intention of returning to military custody. Member was
recommended for an Under Other Than Honorable Conditions (UOTHC) discharge and exercised his right
to an administrative board hearing which rendered him an under honorable conditions (general) discharge,
pursuant to his request. Applicant contends now as he did at the time of his discharge that he was
mistreated and harassed by his co-workers in the Security Forces unit and that his chain of command took
insufficient action to correct the problems, which led to his decisions to go AWOL. The record refelcetd
member was a Security Forces Apprentice who was promoted and selected for the Elite Gate Guard after
his first AWOL, indicating he was a good performer and was given the chance to succeed by his chain of
command. The record also indicates member was of slight build and stature, and his complaints of physical
harassment were reviewed in a commander-directed inquiry but found to be without merit. While in casual
status working in another unit on base awaiting the discharge board, member performed well. While the
Board finds there possibly were mitigating circumstances, the Board cannot condone member’s very serious
repeated misconduct. His conduct was a significant departure from the standerdseexpected of airmen. No
inequity or impropriety was found in this discharge in the course of the records review.

If the applicant can provide additional information about his discharge, and documented evidence to
substantiate his issues, he should consider exercising his right to a personal appearance hearing, and be
prepared to present the Board with evidence of an inéquity or impropriety as well as any exemplary post-
service accomplishments and contributions to the community.

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
FD2002-0111
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD ee

(Former AB) (HGH A1C) ..

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/09/05 UP AFI 36-3208,
para 5.50.2 (Misconduct - Prejudicial to Good Order and Discipline). Appeals for

Honorable Disch.

2. BACKGROUND:

wee

a. DOB: 80/11/27. Enlmt Age: 17 10/12. Disch Age: 20 9/12. Educ:HS DIPL.
AFOT: N/A. A~60, E-61, G-48, M-40. PAFSC: 3P031 — Security Forces Apprentice.
DAS: 00/03/30.

b. Prior Sv: (1) AFRes 98/10/05 —.99/09/27..(11--months..23 days) (Inactive).
3 SERVICE UNDER REVIEW:

a. Enlisted as AB 99/09/28 for 6 yrs. Svd: 01 Yrs 11 Mo 09 Das, of which
AMS is 1 yr 11 months 6 days (excludes 3 days lost time).

b. Grade Status: AB - 01/04/24 (Article 15, 01/04/24)
Alc - 99/11/12

ec. Time Lost: 01/04/09-01/04/10; 01/06/14-01/06/14 (3 days).
d. Art 15’s: (1) 01/04/24, Wright-Patterson AFB, OH - Article 86. You

did, on or about 7 Apr 01, without authority, absent
yourself from you place of duty at which you were

“required to be, and did remain a8s€Mr7- until on or about
10 Apr 01. Reduction to AB. (No appeal) (No
mitigation)

(2) 00/07/06, Wright-Patterson AFB, OH - Article 86. You
did, on or about 15 Jun 00, without authority, absent
yourself from your place of duty, and did remain so
— absent until your return on or about 16 Jun QO.

Reduction to Amn (suspended until 5 Jan 01), and 14

days restriction. (No appeal) (No mitigation)

e. Additional: none.

£. CM: none.

g. Record of SV: none.

(Discharged from Wright-Patterson AFB)
FD2002-0111

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (02) Yrs (10) Mos (28) Das
TAMS: (01) Yrs (11) Mos (06) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/25.
(Change Discharge to Honorable)

Issue 1: I was constantly mistreated at work. One example would be one
night on the flight line while doing my duties I was assaulted. Three guys much
larger than me held me down and started punching me. They thought it was funny
because I was so small and could not defend myself. When brought up to squadron
leadership, everyone took this as a joke. The harrassment kept-continuing until
I didn't show up for work one day. I was contacted in Michigan on the second

day and I returned six months later, roughly. I was discharged.

ATCH
1. DD Form 149.

02/06/24/ia
_ PR zcez- O/,f

DEPARTMENT OF THE AIR FORCE.

HEADQUARTERS 88TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE OHIO

 

We 28 oon

MEMORANDUM FOR 88 ABW/CC . _

FROM: 88 ABW/JA

SUBJECT: Legal Review - xomini eve piananaie der rl 36-3208, Paragraph
5.50.2,: uss we tae i Ze

 

- 1. I reviewed and found legally sufficient the attached AFI 36-3208 discharge package,
contingent upon the inclusion of a medical report clearing the respondent for separation. The
respondent was advised of his right to consult with legal counsel and to submit matters for your
consideration prior to action. The respondent was entitled and elected an Administrative __
Discharge Board hearing. The Board found that on 15 June 2000, and 7 — 10 April 2001