AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

     

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
as oe
* " : AB
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

   
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

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ISSUES INDEX NUMBER ‘EXHIBITS SUBMITIER:. TO. vA

    

ORDER APPOINTING THE BOAR

 

 

 

 

 

A92.35, A94,11, A94,05 A67.10 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

02-08-27 ; FD2002-0129 —

: SEL’ EASE QO
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.

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

   
  

 

SIGNATURE OF REGORDER i , , ; RE OF BOARD PRESID!

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
530 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. |} gpoo02-0129

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 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 minor disciplinary infractions. He was verbally counseled at least
twice, had two Letters of Reprimand, an Article 15, and an Unfavorable Information File. His misconduct
included two instances of failure to go, three incidents of failure to obey a lawful order, a dormitory
violation, and disrespect to two superior noncommissioned officers. At the time of the discharge, after
consulting counsel, member submitted a statement in his own behalf requesting an honorable discharge. He
also noted his belief that his problems arose out of communications difficulties between he and his
supervisor, and that he (member) was being discharged for inability to adapt to military life. Applicant now
states his discharge was based on one isolated incident and that he should have challenged the other
accusations against him. The Board noted that member was the same age as other airmen who adhere to the
standards when his misconduct occurred, and he knew right from wrong. He was mature and responsible
for his actions, and therefore was held accountable for them. 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
FD2002-0129
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/03/16 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch. )

2. BACKGROUND:

 

a. DOB: 80/08/12. Enlmt Age: 19 4/12. Disch Age: 20 7/12. Educ:HS DIPL.
AFQOT: N/A. A-67, E-62, G-52, M-36. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 00/06/19.

b. Prior Sv: (1) AFRes 00/01/06 - 00/01/11 (6 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 00/01/12 for 4 yrs. Svd: 01 Yrs 02 Mo 05 Das, all AMS.

b. Grade Status: AB - 01/02/21 (Article 15, 01/02/21)
AMN - 00/07/12

c. Time Lost: none.

d. Art 15’s: (1) 01/02/21, Minot AFB, ND - Article 86. You, did, on or
about 11 Jan 01, without authority, fail te go at the
time prescribed to your appointed place of duty. You,
did, on or about 12 Jan 01, without authority, fail to
go at the time prescribed to your appointed place of
duty. Article 92. You, having knowledge of lawful
order issued by SSgt --~---- to-research materials
associated with the Master Task Listing and to create a
training package, an order which it was your duty to
obey, did, on or about 19 Dec 00, fail to obey the same
by not researching the materials and creating a
training package. You, having knowledge of lawful
order issued by SSgt ------ to research materials
associated with the Master Task Listing and complete a
training package by 1800 on 3 Jan 01, an order which it
was your duty to obey, did, on or about 3 Jan 01, fail
to obey the same by not completing the trainin package.
Article 91. You, on or about 10 Jan 01, were
disrespectful in language toward SSgt ------ ,a
noncommissioned officer, then known by you to be a
superior non-commissioned officer, who was then in the
execution of his office by sharply saying to him,
"Whatever," or words to that effect. Reduction to AB,
and forfeiture of $521.00 pay. (No appeal)
frets

FD2002-0129

(No mitigation)

e. Additional: LOR, 03 AUG 00 - Allowing a female minor to enter dorm
room.
LOR, 18 NOV 00 - Failure to obey a lawful order.

f. CM: none.

g. Record of SV: none.

(Discharged from Minot AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (02) Mos (11) Das
TAMS: (01) Yrs (02) Mos (05) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/12.
(Change Discharge to Honorable and Change the RE Code.)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 15 months of service. All other incidents were inaccurate. I,
------- , Tade a mistake in not challenging all other accusations. At the time
my lawyer, Captain ----- -, asked me if I wanted to be in the military. Making
an impluse decision, I replied "No." Captain ------ said not to challenge all
other accusations. My commander and I sat down one day informally, and he told
me that I was one of the best troops to ever join his squadron. He told me that
Captain ------ had just helped my request on leaving the military. This being
said, three months after the discharge, I realized that I made the biggest
mistake of my life and not only disgraced myself but my family as well. I made
a mistake and got punished for it. If possible, I would like my discharge
upgraded to an honorable so not to destroy my future over one mistake. I would
also like my rentry code changed. I feel that although my discharge is just,
the reentry code is not. Because of the "B" I will never be able to show the
United States government that I have grown up and will be the troop that I feel
I could have been. Thank you for taking the time to review this DD Form 293 and
if possible I would like a response in writing on any actions if any, that

occur. Thank you.

ATCH
1. DD Form 214.

02/07/03/ia
PD2c02-0/2F

7 DEPARTMENT OF THE AIR FOucE
HEADQUARTERS 5TH BOMB WING (ACC)
MINOT AIR FORCE BASE, NORTH DAKOTA

 

MEMORANDUM FOR CC Mee 2 3 SoG)

FROM: JA

ea

SUBJECT: ea Review - AFI sO 3208, | Uaragraph 5.49 Discharge,

  
 
 

 

1. | reviewed the administrative discharge action againstaaijjia eRe: nd find
it legally sufficient to support his general discharge from the Air Force.

2. BASIS FOR THE ACTION: Administrative action agains Ais based on
misconduct pursuant to AFI 36-3208, Chapter 5, Section H, Paragraph 5.49 (Minor
Disciplinary Infractions). The pattern of misconduct consists of the following acts:

 

a. On or about 22 Jul 00, aR Sailed to obey a written order by allowing a
female minor to enter his dorm. He was aware that at no time is it or will it ever be

allowable for any person under the age of 18 to be in a military dormitory. He was given
a Letter of Reprimand (LOR) on 3 Aug 00. (Atch 1)

b. On or about 15 Nov 00, AB Gi cfused to obey a lawful order when he
was instructed to perform a simple training procedure in preparation for his upcoming
Quality Control Evaluation. He was instructed to don his gas mask in a training scenario, a
task he would need to perform. He stated that he was not going to do it and started to
walk away. He was then instructed two more times to don his gas mask, and each time he
refused. He further stated that if he felt something was pointless and stupid then he was
not going to do it. This was the third time he had disobeyed a noncommissioned officer
when ordered to complete a portion of his training (the previous two times he was verbally

counseled). He was given a LOR on 18 Nov 00, and an Unfavorable Information File
(UIF) was established on 30 Nov 00. (Atch 1)

c. Between on or about 19 Dec 00 and on or about 12 Jan 01, ‘SV
engaged in the following misconduct:

(1) On or about 11 Jan 01, AB iia sited to go at the time’ prescribed to
his appointed place of duty.

(2) On or about 12 Jan 01, ABATED :\e< to go at the time prescribed to
his appointed place of duty.

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pp2c02-O1AF

 

(3) On or about 19 Dec 00, 9fRgiiiiiNRM@e tailed to obey a lawful order issued by
a noncommissioned officer to research ma erial ‘associated with the Master Task Listing
and to create a training package.

 

(4) On or about 3 Jan 01, SIREN ited to obey a lawful order issued by a
noncommissioned officer to research material associated with the Master Task Listing
and to create a training package.

 

(5) On or about 10 Jan 01 aga Iiaas disrespectful in language towards
a noncommissioned officer who was in execution of his office by sharply saying to him,

' a

Baris ccns styrene art ome

 

For these acts of misconduet AB was punished under Article 15 of the
UCMJ on 21 Feb 01, and this was added to his existing UIF. (Ateh 1)

3. MATTERS SUBMITTED BY THE RESPONDENT: On 8 Mar 01,A

consulted With aig rea Defense Counsel at Minot AFB, ND, and indicated that he
would submit written statements on his own behalf. On 12 Mar 01 fit , 4]
submitted a written statement. He respectfully requests that he be given a an nonorable
discharge. He believes the reason he is currently being discharged from the military
and receiving a general.discharge characterization is for the simple reason that he could
not adapt to the military way of life. He stated that while he is responsible for his own
decisions and actions, he believes many of his problems as a security forces member
came from communication problems between his supervisor and himself. He believes
that if he was not a security forces member, a job that the Air Force chose for him, he
would have been able to make the military a career. He aSks that consideration be
given to his. case and-states that while he may not have been the model security forces
member, he could have been an asset to the Air Force in another career field. He asks
that he be given an honorable discharge instead of a general discharge.

 

4. COMMANDER'S RECOMMENDATION: The squadron commander has considered
RR :\tten response to the recommendation for discharge. However, the | -
commander still recommends thataliGliNRlilidajarbe discharged with a general discharge.

 
 

5. DISCUSSION: There are four questions which must be addressed before. discharging
ae MART hey are as follows.

 

a. BASIS FOR DISCHARGE: In deciding whether Sages to be discharged, .
you must first determine if there is a basis for discharge. By defi nition, minor disciplinary
infractions involve failures to comply with nonpunitive regulations or minor offenses
under the UCMJ which result in counselings, letters of reprimand, or Article 15's. In
determining whether there is a basis for discharge, you may onl al the misconduct
described in paragraph 2. .Paragraph 2 shows that pee conduct clearly falls
within this definition of minor disciplinary infractions and thus, a.basis for discharge
exists under AFI 36-3208, paragraph 5.49...

  
 

ete
fDKO0Z-O/27

ob. APPROPRIATENESS OF DISCHARGE: Next, you must determine whether AB

é eeshould be discharged. You may consider A maigaiaigpiiltliae tire military
record when making this determination. Saleaalilage 3s repeatedly failed to conform to
Air Force standards and regulations. He has been given a number of opportunities to
correct his deficiencies, as evidenced by verbal counseling, two Letters of Bep primand,
and the establishment of an Unfavorable Information File. However —a™™ ce nas..
failed to modify his behavior despite these rehabilitative and administrative tools. Finally,

_he was punished under Article 15 of the UCMJ for failing to go at the time prescribed to
his appointed place of duty on two separate occasions, failing to obey a lawful order
issued by a noncommissioned officer on two separate occasions, and using disrespectful
language towards a noncommissioned officer” He clearly shows an UnWITINGneSS OFT

‘inability to conform to military standards. Given his entire military record, 3% i eayon™ |
should not remain in the Air Force.

 
 

 
 

 

 

 

 

enlistment began on 12 Jan 00. "He has not received an Enlisted Performance Report i in
this enlistment. (Atch 5)

3 a

 

(2) On 13 Mar 01, the squadron commander recommended that
be discharged with a general discharge: After reviewing the case file, | concur with that
recommendation since there is a clear pattern of misconduct.

c. CHARACTERIZATION OF SERVICE: If you determine tha ttsidlilididiaguaaaiaigiiana
should be discharged, you must also determine the characterization of the discharge.
Characterization of service is determined solely by the member's military record during the
current enlistment. The following are the three possible characterizations of service:

(1) Under Other Than Honorable Conditions: An under other than honorable
conditions discharge is appropriate when the airman's conduct is a serious departure from
the standards expected of airmen. A recommendation for an under other than honorable
conditions discharge carries with it the right to an administrative discharge board.

(2) General: If the case file does not demonstrate such a serious departure from —
expected standards, but significant negative aspects of an airman's conduct outweigh
the positive aspects, then a general discharge is appropriate.

\ (3) Honorable: An honorable discharge is appropriate when the quality of a

4 member's service record generally has met Air Force standards of acceptable conduct
4 and performance of duty, or has been so meritorious that any other characterization

‘ would be clearly inappropriate.

In this 250 EAM s'sconduct has not been so deleterious as to warrant an
under other than honorable conditions discharge. However, his repeated misconduct,

\ when balanced with his military record during this current enlistment, justifies the

awarding of a general discharge.
Pp 2c02-ASA7

d. PROBATION AND REHABILITATION: If you decide that discharge is warranted,
you must also decide if probation and rehabilitation ay is appropriate.

commander does not recommend P&R. has failed to respond to repeated
rehabilitative measures. He has little concern for military standards and seems
unwilling to change his behavior. Accordingly, P&R should not be offered in this case.

6. ERRORS AND IRREGULARITIES: There are no errors or irregularities which
materially affect the procedural or substantive rights of the member.

7. ACTION WHICH MAY BE TAKEN: As the SPCM authority, your options are:

 

a. Retain seit the evidence does not support discharge; or,
b. Retum the case to the squadron for processing under a more appropriate provision; or,

-c. Return the case to the squadron to reinitiate the action in order to make @ji

Mb entitled to a discharge board hearing if you believe that an under other than
honorable conditions discharge may be warranted; or,

d. Discharge it! a general discharge, with or without suspension for
P&R; or,

e. Forward your recommendation with specific reasons for an honorable discharge,
with or without suspension for P&R, to 8 AF/CC.

8. RECOMMENDATION: | recommend that you separate SMRRSMNe With a general

discharge without suspension for probation and rehabilitation. If you concur, please
sign the letter at attachment 1.

 

Attachments:
1. Letter ©
2. Case File
FD2002-O/2 7

DEPARTMENT OF THE AIR FO.CE
HEADQUARTERS STH BOMB WING (Acc)
MINOT AIR FORCE BASE, NORTH DAKOTA

 

fya0 4 ” 201

MEMORANDUM FOR AB 2a, - OR 5 SF Ss

FROM: 5 SFS/CC

SUBJECT: Letter of Notification - AFl 36-3208, Paragraph 5.49.

1. lam recommending your discharge from the United States Air Force for misconduct,
spécifically, minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, Chapter 5, Section H, paragraph 5.49. If my recommendation is approved,
your discharge will be characterized as general or honorable. | am recommending that your
service be characterized as general.

2. My reasons for this action are:

a. On or about 22 Jul 00, you failed to obey a written order by allowing a female
minor to enter your dorm. You were aware that at no time is it or will it ever be
allowable for any person under the age of 18 to be in a military dormitory. You were
given a Letter of Reprimand (LOR) on 3 Aug 00. (Atch 3)

b. On or about 15 Nov 00, you refused to obey a lawful order when you were
instructed to perform a simple training procedure in preparation for your upcoming
Quality Control Evaluation. You were instructed to don your gas mask in a training
scenario, a task you would need to perform. You stated that you were not going to do it
and started to walk away. You were then instructed two more times to don your gas mask,
and each time you refused. You further stated that if you felt something was pointless and
stupid then you were not going to do it. This was the third time you had disobeyed a
noncommissioned officer when ordered to complete a portion of your training (the
previous two times you were verbally counseled). You were given a LOR on 18 Nov 00,
and an Unfavorable Information File (UIF) was established on 30 Nov 00. (Atch 4-6)

c. Between on or about 3 Jan 01 and on or about 12 Jan 01, you engaged in the
following misconduct:

(1) On or about 11 Jan 01, you failed to go at the time prescribed to your
appointed place of duty.

(2) On or about 12 Jan 01, you failed to go at the time prescribed to your
appointed place of duty.

Global Power for Aomerica
Fp2c02-O(2F

(3) On or about 19 Dec 00, you failed to obey a lawful order issued by a
noncommissioned officer to research material associated with the Master Task Listing
and to create a training package.

(4) On or about 3 Jan 01, you failed to obey a lawful order issued by a
noncommissioned officer to research material associated with the Master Task Listing

and to create a training package.

(5) On or about 10 Jan 01, you were disrespectful in language towards a
noncommissioned officer who was in execution of his office by sharply saying to him,

——-—“Wwhatever," or words to that effect a

 

 

For these acts of misconduct you were punished under Article 15 of the UCMJ on
21 Feb 01, and this was added to your existing UIF. (Atch 7)

3. The Letter of Notification with attachments will be forwarded to the separation
authority in support of this recommendation. The commander exercising SPCM
jurisdiction (5 BW/CC) 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.

4. You have the right to consult counsel. Military legal counsel has been obtained to
assist you. | have made an appointment for you to consult Cap taining ro
Defense Counsel, at 300 Summit Drive, Room 306A, at 2770 hours on (£77 2001.

You may consult civilian counsel at your own expense.

 

5. You have the right to submit statements on your own behalf. Any statements you
want the separation authority to consider must reach me by _/3SO_ hours on_/2 2K
2001, unless you request and receive an extension for good cause shown. | will send
them to the separation authority. ,

6. If you fail to consult counsel or to submit statements on 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 5th Medical
Group Hospital, 10 Missile Avenue, Minot AFB, ND, at 0¥@ hours on_%#AK_ 2001, for
the examination. You must not drink alcoholic beverages 72 hours prior to the exam.

8. The Privacy Act of 1974 covers any personal information you furnish in rebuttal. A
copy of AFI 36-3208 is available for your use in the Orderly Room.
9. Sign the attached acknowledgment and the Statement of Understanding and return |
them to me immediately.

 

 

Attachments:

Receipt of Letter of Notification
Statement of Understanding
Letter of Reprimand, 30 Jul 00
Letter of Reprimand, 18 Nov 00

Response to Letter of Reprimand, 29 Nov 00
AF FM 1058, Unfavorable Information File Action, 30 Nov 00
AF FM 3070, Record of Nonjudical Punishment Proceedings, 27 Feb 01, w/atch

NQAP WON >