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PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND GR ORGANIZATION OF COUNSEL

 

 

 

 
 

 

 

 

 

 

 

 
   

 

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ISSUES INDEX NUMBER EES SY TOTHE ROAR
A94.05 A67,10 1 | ORDER APPOINTING THE BOAR)
2 APPLICATION FOR REVIEW OF DISCHARGE .
3 | LETTER OF NOTIFICATION
ae on _ |-CASE NUMBER ° 4 | BRIEF OF PERSONNEL FILE
FD2002-0132 I—"TROUNSEI “Ss PRI PASE TO THEROARD
_ . COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

 

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an application to
the AFBCMR.

 

 

SIGNATURE OF RECORDER

 

 

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCI.
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 FD02-0132

GENERAL: The applicant appeals for upgrade of discharge 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 neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh in that he had to put up
with prejudice and racial remarks. 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 the
applicant received an Article 15 for drinking under age and for failure to remain in his room on telephone
standby. Also, the applicant received three Letters of Reprimand for Assault and underage drinking and
one Letter of Counseling for failing a dormitory inspection. In addition, the applicant received two Records
of Individual Counseling for failure to follow directions and for being late to work. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
The Board concluded the misconduct was a significant departure from conduct expected of all military
members and concluded that the characterization of the applicant’s discharge was appropriate due to the
misconduct.

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
FD2002-0132
. 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 98/08/28 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch, ,

2. BACKGROUND:

. a. DOB: 77/08/12. Enlmt Age: 20 1/12. Disch Age: 21 0/12. Educ:HS DIPL.
AFQT: N/A. A-53, E-39, G-42, M-33. PAFSC: 258031 - Supply Management
Apprentice. DAS: 98/03/09.

b. Prior Sv: (1) AFRes 97/09/25 - 97/11/11 (1 month 17 days) (Inactive) .
3% SERVICE UNDER REVIEW:
a. Enlisted as AB 97/11/12 for 4 yrs. Svd: 00 Yrs 09 Mo 17 Das, all AMS.

b. Grade Status: AB - 98/06/17 (Article 15, 98/06/17)
AMN - Unknown.

c. Time Lost: none.

d, Art 15's: (1) 98/06/17, Ellsworth AFB, SD - Article 92. You, who
, knew of your duties, on or about 02 May 98, were

derelict in the performance of those duties in that you
willfull failed to refrain from consuming alcoholic
beverages while under the state legal drinking age of
21, as it was your duty to do. You, having knowledge
of a lawful order issued by MSgt -------
Superintendent, Materiel Storage and Distribution, to
remain in your room on telephone standby, an order
which it was your duty to obey, did, on or about 01 May
98, fail to obey the same by leaving your room without
contacting your supervisor. Reduction to AB,
forfeiture of $225.00 pay per month for 2 months, 45
days restriction, and 45 days extra duty. (No appeal)
(No mitigation) . -

» e. Additional: LOR, 12 JUN 98 - Assault.
LOC, 12 JUN 98 - Failed dormitory inspection.
LOR, 01 JUL 98 - Assault.
LOR, 11 AUG 98 - Underage drinking of alcoholic beverages.

£. CM: none.

g. Record of SV: none.
FD2002-0132
. (Discharged from Ellsworth AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (00) Yrs (11) Mos (04) Das
TAMS: (00) Yrs (09) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/01/28.
(Change Discharge to Honorable)

Issue 1: The prejudice and or racial remarks I received by other airmen. (I
myself heard the remarks but my other Airmen brought it to the base commanders
attention themselves)

Issue 2: The lecturing of Major ---+-- stating that I must learn and accept
being called a nigger. (I have witnesses family, Airmen).

Issue 3: I love the military I would rather rejoin the Air Force and truly
earn my Honorable discharge then to seem simple and complain about it. I
embarrased myself my country and family.

Issue 4: I learned a lot and took a lot but I was a hard worker and a good
student. Please consider me for an honorable discharge. Thank you for your
time and patience.

ATCH
1. Certificate of Trainin.
2. Letter to Discharge Review Board.

02/07/09/ia
FD 2002 - OL3A

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 28™ BOMB WING (ACC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

MEMORANDUM FOR 28 BW/CC 91 AUG 1998

FROM: 28 BW/JA

 

SUBJECT: Legal Review - Notification Discharge: 4

 
 

1. [ reviewed the attached administrative discharge package on Airman Basic gy lie eae
28th Supply Squadron, and find it legally s sufficient to support discharge. It also
Supports 28 SUPS/CC’s recommendation to separate Respondent with an under honorable conditions
(general) discharge without probation and rehabilitation (P & R).

2, On 12 Aug 98, 28 SUPS/CC initiated this separation action pursuant to AFI 36-3208, paragraph 5.49,
for misconduct involving minor disciplinary infractions (Tab D). On 20 Aug 98, Respondent consulted
legal counsel and submitted statements on his own behalf (Tab K).

3. The reasons for the proposed discharge action are:

a. On 27 Apr 98, Respondent assaulted Airman Christiang{@Q@—B at the Bandit Inn Dining
Facility on Ellsworth Air Force Base, South Dakota. For this Respondent received a Letter of Reprimand

(LOR) on 29 May 98. This LOR established his unfavorable information file (UIF).

b. On 26-29 May 98, Respondent failed a dormitory room inspection by having the following
discrepancies: a dirty room, dirty floors, clothes on the floor, and the floor needed to be vacuumed. The
inspector felt the Respondent had not made any effort to clean. For this the Respondent received a Letter

of Counseling (LOC) on 12 Jun 98.

c. Respondent who knew of his duties, at or near Ellsworth Air Force Base, South Dakota, on or
about 2 May 98, was derelict in the performance of those duties in that he willfully failed to refrain from
consuming alcoholic beverages while under the state legal drinking age of 21, as it was his duty to do.

Additionally, Respondent, having knowledge of a lawful order issued by Master Sergeant iin
MES, Superintendent, Material Storage and Distribution, to remain in his room on telephone standby,

an order which it was his duty to obey, did, at Ellsworth Air Force Base, South Dakota, on or about 1
May 98, failed to obey the same by leaving his room without contacting his supervisor. For this
Respondent was punished under Article 15 of the Uniform Code of Military Justice (UCMJ) on 17 Jun
98. This Article 15 was placed in his existing UIF.

d. On 6 Jun 98, investigation revealed Respondent assaulted Airman Basicdiiigatiobe.:
Borglum Hall, Ellsworth Air Force Base, South Dakota., For this Respondent received an LOR on 1 Jul

98. This LOR was placed in his UIF.

e. On 6 Jun 98, investigation revealed Respondent consumed alcohol while under the legal
- drinking age of 21. Respondent knew this was against South Dakota law because this was the second
time he committed this offense. For this Respondent received a LOR on 11 Aug 98.

Golden Legacy, Boundless Future. . .Your Nation's Air Force
[DD A2E02.-O/ B82.

4. This case was properly processed under AFI 36-3208, paragraph 5.49, for misconduct involving
minor disciplinary infractions and the facts of this case meet the criteria for discharge under this

paragraph. Ina little less than one year of active duty military service, Respondent has compiled a
record of misconduct which has resulted in one LOC, three LOR’s, an Article 15 action, and several UIF

entries. Moreover, Respondent has exhibited a major integrity problem - underage drinking.
Respondent’s misconduct supports a basis for administrative discharge and I concur with 28 SUPS/CC’s

recommendation to discharge him.

5. Respondent’s service should not be characterized as honorable. After considering all the facts in this
case, the negative aspects of Respondent's conduct outweigh the positive aspects of his military record,

~-thereby warranting an under honorable conditions (general) discharge. Respondent’s performance has -
not “been so meritorious that any other characterization would be clearly inappropriate” as required by

AFI 36-3208, paragraph 5.48.4, for an honorable discharge. After considering all of the circumstances, I
concur with the commander’s determination that an under honorable conditions (general) discharge is

appropriate.

6. As the separation authority, you must consider probation and rehabilitation (P & R). However, P & R
is not appropriate in this case. Respondent has received numerous opportunities to change his disruptive
behavior. Efforts at rehabilitation have not been effective and Respondent has not shown willingness to
be rehabilitated. Retaining Respondent in probation status would degrade the good order and discipline

of the unit.
7. As the Special Court-Martial Convening Authority, you may:

a. Direct that Respondent be retained; or

b. Direct that Respondent be separated with an under honorable conditions (general) discharge,
with or without P & R; or

c. Direct that the case be heard by a discharge board if you believe an under other than honorable
conditions (VOTHC) discharge is appropriate; or

d. Recommend to 8 AF/CC that Respondent be separated with an honorable discharge, with or
without P & R.

RECOMMENDATION

8. Separate Airman BasidiiiQiiiiiiiee under AFI 36-3208, par

\ graph 5.49, with an under honorable
conditions (general) discharge, without P & R. i

    

Attachment:
Case File
FD2002 -2s2-

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 28TH LOGISTICS GROUP (ACC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA

 

12 AUG ppae

MEMORANDUM FOR@

 

FROM: 28 SUPS/CC
SUBJECT: Notification Memorandum
1, [am recommending your discharge from the United States Air Force for misconduct involving 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 under honorable conditions (general), I recommend that

your service be characterized as under honorable conditions (general).

2. My reasons for this action are:

 

a. On 27 Apr 98, investigation disclosed that you assaulted Ani plies at the Bandit Inn Dining
> Facility on Ellsworth Air Force Base, South Dakota. For this you received a Letter of Reprimand (LOR) on 29 May

98. This LOR established your unfavorable information file (UIF).

b. On 26-29 May 98, you failed a dormitory room inspection by having the following discrepancies: a dirty
shower, dirty room, dirty floors, clothes on the floor, and your room needed to be vacuumed. The inspector thought
you had not made any effort to clean. For this you received a Letter of Counseling (LOC) on 12 Jun 98.

c. You, who knew of your duties, at or near Ellsworth Air Force Base, South Dakota, on or about
2 May 98, were derelict in the performance of those duties in that you willfully failed to refrain from consuming
alcoholic beverages while under the state legal drinking age of 21, as it was your duty to do. Additionally, you, having
knowledge of a lawful order issued by Master @igiii a ies upcrintendent, Material Storage and
Distribution, to remain in your room on telephone standby, an order which it was your duty to obey, did, at Ellsworth
Air Force Base, South Dakota, on or about | May 98, failed to obey the same by leaving your room without contacting
your supervisor. For this you were punished under Article 15 of the Uniform Code of Military Justice (UCMJ) on 17
Jun 98. Your punishment was a reduction to the grade of airman basic; forfeiture of $225.00 pay per month for 2
months; restriction to Ellsworth AFB, SD, for 45 days; and 45 days extra duty. This Article 15 was placed in your

UIF.

 

  
  

SM Borgium Hall,
(LOR) on 1 Jul 98. This LOR

d. On 6 Jun 98, investigation revealed that you assaulted Airman Basi Sh
Ellsworth Air Force Base, South Dakota. For this you received a Letter of Reprimand
was placed in your UIF.

e. On 6 Jun 98, investigation revealed that you consumed alcohol while you were under the legal drinking age
of 21. You knew this was against South Dakota state law because this was the second time you committed this offense.

For this you received a Letter of Reprimand (LOR) on 11 Aug 98.

3. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
The commander exercising 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.

Global Power for America
Pp 2002 -I /352.

ae 4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have made an
e appointment for you to consu]t SERRA rea Defense Counsel, 5-2158, 1000 Ellsworth St Ste 1700 on

[2 AA V5 98 at OLPO _ hrs. 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 |? & S 72 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 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 Physical Exams Section of the Base

Hospital at J? Fv? _brson_O 2.9 _ 98 for the examination. This is a mandatory appointment, and you1 must be
in uniform. For the examination, fast for 14 hours prior to the examination. If you wear glasses, bring them. If 3 you

wear contact lenses, remove them 24 hours prior to the examination.

8. Any personal information you furnish in rebuttal is covered byt 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 immedi

 
   

Commander
Attachments:
1. Supporting documents
a. LOR/UIF - 29 May 98
b. LOC - 12 Jun 98
c. Art 15—17 Jun 98
d. LOR/UIF - 1 Jul 98
e. LOR - Il Ang 98
2. Airman's Acknowledgment