URN PERSONAL APPEARANCE X RECORD REVIEW
eeOG NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
“YES no
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MEMBERS SITTING HON | GEN —*|:;UOTHC— | _OTHER "| DENY
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ISSUES INDEX NUMBER g intra SL TE IGaTHe ae ate
A94,53, A93,37, A67.01 A67,10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
02-08-20 CASE 00201 4 | BRIEF OF PERSONNEL FILE
hs FD2 17 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
z SCARE Y re rar Pants A ae ‘ Raa a ih ‘ 7 Pe FRB RRO A TONAL na
REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR,

 
 

GNATURE OF BOARD PRESIDENT

eet oe r
jt i .

 
 
 

  

SAF/MIBR [L SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREETWEST, SUITE 40 . AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3"? FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

    

 

       

AFHQ FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 92002-0117

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 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 minor disciplinary infractions. He had three Letters of Counseling,
two Letters of Reprimand, an Article 15, and an Unfavorable Information File. Member also had a referral
“2” Enlisted Performance Report that cited his inability to adjust to military life, negative outlook, and
behavior problems. His misconduct included two instances of failure to go, multiple incidents of
dereliction of duty, a quarters violation, and failure to obey a lawful order. These incidents of misconduct
occurred during the period June 1994 to July 1995. Member was also sent to the Airman Career Awareness
Program due to his disciplinary problems. At the time of the discharge, after consulting counsel, member
submitted a statement in his own behalf explaining his interpretation of what happened regarding each
incident and requesting an honorable discharge so he could use his Montgomery G.I. Bill education
benefits. He also submitted four character statements. Applicant brings no issues to this Board now. The
Board noted that member was age 22 to 24 when his misconduct occurred, the same age as other airmen
who adhere to the standards, and he knew right from wrong. He was mature and responsible for his actions,
was held accountable for those. He was counseled repeatedly and given numerous opportunities to improve
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.

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
FD2002-0117
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC). (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/10/26 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 70/12/23. Enlmt Age: 20 4/12. Disch Age: 24 10/12. Educ:HS DIPL.
 AFOT: N/A. A-54, E-96, G-90, M-98. PAFSC: 4T051 -— Medical Lab Journeyman.
DAS: 93/08/26.

b. Prior Sv: (1) AFRes 91/04/30 - 92/04/06 (11 months 7 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as Amn 92/04/07 for 4 yrs. Svd: 03 Yrs 06 Mo 20 Das, all AMS.

b. Grade Status: AlC - 95/07/24 (Article 15, 95/07/24)
SRA - (EPR Indicates); 94/07/01-95/06/30
Alc - (EPR Indicates): 92/04/07-93/12/23
AMN - 93/02/07

ec. Time Lost: none.

d. Art 15’s: (1) 95/07/24, McClellan AFB, CA - Article 86. You did, on
or about 30 Jun 95, without authority, fail to go to
your appointed place of duty, to wit: base parade,
MecClellan AFB, California. Article 92. You, having
knowledge of a lawful order issued by MSgt ----~--- to
report to base parade, an order which it was your duty
to obey, did, on or about 30 Jun 95, fail to obey the
same by wrongfully absenting yourself from the base
parade at McClellan AFB, California. Reduction to AIC.
(No appeal) (No mitigation)

e. Additional: LOC, 26 MAY 95 —- Failure to go.
LOR, 06 JUL 95 - Dereliction of duty.
LOR, UNDATED - ‘Violation of quarter policy.
LOC, 19 SEP 94 ~ Failure to obey the order of an NCO.
LOC, 17 JUN 94 - Dereliction of duty.

f. CM: none.

g. Record of SV: 92/04/07 — 93/12/23 McClellan AFB 3 (Initial)
93/12/24 ~- 94/06/30 McClellan AFB 4 (CRO)
94/07/01 — 95/06/30 McClellan AFB 2
FD2002-0117

(Discharged from McClellan AFB)

h. Awards & Decs: AFTR, NDSM, AFGCM.

i. Stmt of Sv: TMS: (04) Yrs (05) Mos (27) Das
TAMS: (03) Yrs (06) Mos (20) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/06.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
none.

02/06/27/ia
PD2COR-O//7

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS SACRAMENTO AIR LOGISTICS CENTER (AFMC)
McCLELLAN AIR FORCE BASE, CALIFORNIA

17 Oct 95

MEMORANDUM FOR 77 ABW/CC
FROM: SM-ALC/JA

SUBJECT: Legal Review, Administrative Discharge,

 

 

; aun the respondent, be discharged from the Air Force under AFT 36-
3208, a; 5. 49, for minor disciplinary infractions. The commander recommends a general
discharge and does not recommend probation and rehabilitation (P&R).

2. RESPONDENT: The respondent is a 24 year old male who has served 42 months of his first

four-year enlistment. He has three completed EPRs with overall ratings, from most recent, of 2,

4, and 3. Respondent is not entitled to a board hearing. After consultation with counsel, the

= respondent submitted a written statement asking you to give him an honorable discharge so he can

still qualify for the Montgomery GI bill. The respondent also includes excuses for each incident of
misconduct. The respondent included several letters of recommendation.

3. DISCUSSION:

a. Basis for Discharge: AFI 36-3208, paragraph 5.49, authorizes discharge of an airman

_for a pattern of misconduct consisting of failure to comply with nonpunitive regulations or minor

offenses under the UCMJ. In this case, there is clearly enough evidence to establish such a

pattern of misconduct:

(1) On or about 30 Jun 95, the respondent failed to report for duty at the
appointed time, for which he received an Article 15.

(2) On or about 26 May 95, the respondent failed to report for duty at the
appointed time, for which he received a letter of counseling.

(3) Between on or about 6 May 95 and on or about 26 Jun 95, the respondent
failed to complete certain job duties, for which he received a letter of reprimand and an
unfavorable information file entry.
_ FR2002- oll]

(4) On or about 18 Sep 94, the respondent left his quarters to attend a movie after
being ordered to remain in quarters for his health, for which he received a letter of reprimand.

(5) On or about 13 Sep 94, the respondent disobeyed a lawful order, for which he
received a letter of counseling.

(6) On or about 16 Jun 94, the respondent failed to complete certain job duties,
for which he received a letter of counseling.

The nature and frequency of the respondent's misconduct satisfy the intent of paragraph 5.49, and
thus establish a basis to discharge the respondent.

b. Appropriateness of Discharge: Both the nature and frequency of respondent's
misconduct bring into question respondent's willingness to comply with Air Force standards. The
respondent repeatedly failed to report when he was supposed to report and does not seem to
understand the importance of completing his duties and following orders. A letter of
recommendation submitted by the respondent notes that “he could not adapt to military life.” The
respondent has been given numerous opportunities to turn his behavior around, but he has
continued his misconduct. Administrative discharge is appropriate under paragraph 5.49.

c. Characterization of Service: AFI 36-3208, paragraph 1.18.1, authorizes an honorable
discharge when the airman's service has otherwise been so meritorious that any other
characterization would be inappropriate, while paragraph 1.18.2 states that a general discharge is
more appropriate when significant negative aspects of the airman's conduct or performance of
duty outweigh positive aspects of the airman's military record. Finally, paragraph 1.18.3 states
that an Under Other Than Honorable Conditions (VOTHC) discharge is appropriate when the
airman's conduet significantly departs from the conduct expected of airmen. Under AFI 36-3208,
paragraph 5.49, a general discharge is assumed and an honorable or UOTHC discharge must be
approved through the general court-martial convening authority. Taken as a whole, a general
discharge most closely fits the respondent's performance and misconduct. A pattern of
misconduct creates significant negative aspects to an airman’s career. Here, the respondent’s
misconduct easily outweighs the positive aspects of his military career. His EPRs are mediocre
and his misconduct directly relates to his work performance.

d. Probation & Rehabilitation: Probation and rehabilitation (P&R) is reserved for those
cases where an airman could change his ways through counseling and rehabilitation. Although
available here under AFT 36-3208, the variety and frequency of the offenses committed by the
respondent suggests that P&R is not appropriate. Further, the respondent has already been given
plenty of time to change his conduct, but is unable or unwilling to do so. He was given discipline

from counseling through an Article 15, yet nothing persuaded him to change his pattern of
misconduct.

e. Legal Sufficiency: This discharge package is legally sufficient.
| fp Zen2~ 34/7

4. 77 ABW/CC OPTIONS: As special court-martial authority you may:
a. Retain the respondent in the Air Force.
b. Direct reinitiation of the discharge under a different provision.
; c. Discharge the respondent with a general discharge, with or without P & R.

d. Refer the case to the general court-martial convening authority with a recommendation
for an honorable or under other than honorable conditions discharge, with or without P & R.

5. RECOMMENDATION: I recommend that you discharge the respondent with a general
discharge under AFI 36-3208, paragraph 5.49, without P & R.

ent:
zi Discharge Package
. ‘
coe ad

*" DEPARTMENT OF THE AIR FORCE ~-

HEADQUARTERS SACRAMENTO AIR LOGISTICS CENTER (AFMC)
McCLELLAN AIR FORCE BASE, CALIFORNIA

 

MEMORANDUM FOR AIC $a

 

FROM: 77 MDSS/CC

SUBJECT: Notification Memorandum

1, JI am 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 is approved, your service will be characterized as
Honorable or General (Under Honorable.-Conditions), I am recommending that your
service be characterized as General. =

2. My reasons for this action are:

a. You did, on or about 30 Jun 95, without authority, fail to go to your appointed
place of duty at the time prescribed. For this you received an Article 15 dated 21 Jul 95.

b. You did, on or about 26 May 95, without authority, fail to go to your appointed
place of duty at the time prescribed. For this you received a Letter of Counseling dated
26 May 95,

c. You did, between on or about 6 May 95 and on or about 26 Jun 95, fail to complete

the required test panels on several chemistry specimens. For this you received a Letter of

. Reprimand, undated. and AF Form 1058 dated 6 Jul 95 establishing an Unfavorable
Information File (UIF).

d. You did, on or about 18 Sep 94, violate quarter policy which was that you were to
remain at your place of residence with the exception of going to the dining hall, base
exchange or commissary, by attending a movie at an off-base theater. For this you
received a Letter of Reprimand undated.

e. You did, on or about 13 Sep 94, or on or about 16 Sep 95, failed to obey the order
of an NCO when told to come in and complete your blood bank testing. For this you
received a Letter of Counseling dated 19 Sep 94.

f. You did, on or about 16 Jun 4, fail to perform the RPR Serology work required for
a next-day PREOP. For this you received a Letter of Counseling dated 17 Jun 94,
= PpZcor-Ol/ 7

~

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

n 3. You have the right to consult counsel. Military legal counsel fas been obtained to
assist you. Ihave made an appointment for you to consult Cap@iiijiiiy at Bidg 3 on

5 Oct 95 at 0830 hours. You may consult civilian counsel at you
own expense.

 

4. You have the right to submit a statement in your own behalf. Any statements you want

the separation authority to consider must reach me by /0 ot 75 , unless

you request and receive an extension for good cause shown. I will send them to the
separation authority.

5. 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.

6. You have been scheduled for a medical examination. You must report to USAF Clinic,
McClellan AFB, Bldg 98, at_ 0715 hours on__11 Oct 95 for the examination.

 

7. 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 Orderly Room.

   

; Se USAF
Commander, 77th Medical Services Squadron

Attachments: °
. Article 15, 21 Jul 95

. Letter of Counseling, 26 May 95

AF Form 1058, 6 Jul 95 w/LOR,

Letter of Reprimand, Undated

Letter of Counseling, 19 Sep 94

Letter of Counseling, 17 Jun 94

77 MDG/CCE Ltr, 23 Sep 94, ACAP

TAWA WN