AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

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A92,37, A93,11, A94,53 AG7,10 1 | ORDER APPOINTING THE BOARD
. 3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
“HEARINGDATE | CAS NYMR oe Oe PERSONNEL, FILE ~

02-10-04 FD2002-0166

 

KEMARKS

Case heard at Washington, D.C.

submit an application to the AFECMR,

 

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COUNSEL 8 RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE.

 

 

 

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

 

 

 

 

 

 

 

 

SAF/MIBR \
230 © STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

AFHQ FORM 60-2077, JAN 00 {EF-V2)

Previous edition will be used. _
CASI ADMBERK

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pppo2-0166

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 appiicant submitted no issues contesting the cquity 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 at Icast one verbal counseling,
three Records of Individual Counseling, a Letter of Counseling, five Letters of Repriumand, an Unfavorable
Information File, and had been placed on the Control Roster. His misconduct included two instances of
failure to go, speeding on base, two instances of failure to obey a lawful order, dress and appearance
violations, multiple instances of financial irresponsibility, and two instances of illegal parking. At the time
of the discharge, member submitted a statement in his own behalf requesting retention. The Board noted
that member was ihe same age as other airmen who adhere to the standards when his misconduct occurred,
and he knew right from wrong. He was counseled repeatedly and placed on the Control Roster in an effort
to help him correct his deficiencies. He was mature and responsible for his actions, and therefore was held
accountable for them, Although he was given numerous opportunities to improve his behavior, he failed to
Tespond 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 duc 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
FD2002-0166
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Farmer AlC) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 98/02/20 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Diaciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a, DOB: 74/09/13, Enlmt Age: 19 8/12. Disch Age: 23 5/12. Educ:Hg DIPL.
AFOT: N/A. A-63, E-69, G-S9, M-42. PAFSC: 4N031 - Medical Service Apprentice.
DAS: 95/06/22.

b. Prior Sv: (1) AFRes 94/05/31 - 95/01/04 (7 months S days) (Inactive).
a. SERVICE UNDER REVIEW:
a. Enlisted as AB 95/01/05 for 4 yrs. Svd: 03 Yrs 01 Mo 16 Das, all AMS.

b. Grade Status: AlC - 96/05/05
AMN - 95/07/05

c. Time Lost: none.
d. Art 15’s: none.

e, Additional: LOR, 01 FEB 96 - Failed to obey order.
RIC, 23 FRB 96 - Failure to go,
VEC, 04 APR G6 - Speeding ticket.
Loc, 25 APR 96 - Illegal parking.
RIC, 22 MAY 97 - Conduct unbecoming a military member.
LOR, 05 AUG 97 - Failure to pay just debt.
LOR, 21 AUG 97 - Failure to go.
LOR, 23 SEP 97 - Financial Irresponsibility.
RIC, 17 NOV 97 - Failue to obey an order.
LOR, 04 DEC 97 - Dereliction of duty.

fF. CM: none.

q. Record of SV: 95/01/05 - 96/05/04 Lackland AFB 4 (Initial)
96/09/05 - 97/04/30 Lackland APB 4 (CRO)

(Discharged from Lackland AFB)

h. Awarda & Decs: AFTR, NDPSM, AFOQUA, AFGCM,

i. Stmt of Sv: TMS: (03) Yre (08) Mos (20) Das
TAMS: (03) Yrs (01) Mos (16) Das
(peecdg-Of We

DEPARTMENT OF THE AIR FORCE
WILFORD HALL MEDICAL CENTER (AETC)

MEMORANDUM FOR

  

FROM: 421 MDSS/Sec C A oe
SUBJECT: Notification Memorandum

1. Tam 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 setvice will be characterized as Honorable or General. I

am recommending that your service be characterized as Under Honorable Conditions '
(General).

2. My reasons for this action are:

a. On or about 18 Jan 96 and 29 Jan 96, you failed to obey an order or regulation, to wit:
a dormitory room inspection was conducted on both days and your room was found to be
unsatisfactory. For this infraction, you received a Letter of Reprimand (LOR) on 01 Feb 96.

b. On or about 22 Feb 96, you failed to go at the time prescribed to your dental
appointment. For this infraction, you received a Record of Individual Counseling (RIC) on
23 Feb 96.

¢. On or about 13 Mar 96, you violated a Jawful regulation, to wit: you received an
Armed Forces Traffic Ticket for Speeding. The speed limit was 25 mph and you were speeding
14 mph over the posted speed limit, In addition, you failed to display your front license plate.
For these infractions, you received a verbal counseling on 04 Apr 96.

d. On or about 18 Apr 96, you violated a lawful regulation, to wit: you received a traffic
citation for parking in a reserved parking slot posted with a “Reserved for General Officer” sign.
For this infraction, you received a Letter of Counseling (LOC) on 25 Apr 96.

e. Between on or about 13 May 97 to 21 May 97, you displayed conduct unbecoming of
a military member. On or about 13 May 97, you wore a choker necklace. On or about
13 May 97, you attended a briefing that ended at 1525 hours and you did not return to duty until
1550 hours. On or about 14 May 97, you wore clear studs in your ear. On or about 21 May 97,
you had a dental appointment at 1330 hours. You left for lunch (scheduled for 45 minutes) at
1215 hours and you did not return to duty until 1550 hours. The dental clinic was called by your
supervisor and they informed her that you checked in for your dental appointment 10 minutes late
and were released at 1530 hours. For these infractions, you received a RIC on 22 May 97.

f, On or about 18 Jun 97, you failed to pay a just debt, to wit: your supervisor received a
notice from AAFES that you were 60 days past due on your Delayed Payment Program and
PplZeOZ2- 2/66

Uniform Clothing Delayed Payment Program. For this infraction, you received a LOR on
23 Jun 97.

g. On or about 18 Jul 97, you violated a lawful regulation, to wit: you parked in a reserve
slot without prior authorization. For this infraction, you received a LOR on 05 Aug 97.

h. On or about 13 Aug 97, you failed to go at the time prescribed to your appointed place

of duty. In addition, you arrived in civilian attire. For these infractions, you received a LOR on
21 Aug 97.

i, On or about 22 Sep 97, you failed to discharge your financial obligations in a timely and

honorable manner, to wit: you were two months past due in the amount of $115.46 to Personal

Credit Plan, Inc. For this infraction, you received a LOR, dated 22 Sep 97, on 23 Sep 97 and an
Unfavorable Information File (ULF) was established on 23 Sep 97.

j. On or about 13 Nov 97, you failed to obey an order or regulation, to wit: you failed to
wear the uniform of the day. For this infraction, you received a RIC on 17 Nov 97.

k. On or about 19 Oct 97, you were derelict in the performance of your duties, to wit:
you failed to renew your certification through the National Registry within the time granted to
you. For this infraction, you received a LOR on 04 Dec 97 and placed on the Control Roster on
04 Dec 97,

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.

4. You have the right to counsel, Milite 1 Counsel has been obtained for you. I have
made an appointment for you to consult *R at Building Number 1000, on
26 Jon TY at OF 3° hours. You may consult civilian counsel at your own expense. If
employed, civilian counsel must be readily available.

  

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three workdays, unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail te 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 Building 6612, Rm
502, Monday through Friday, between 1300 - 1500 with your medical, immunization, and
dental records for the examination.
62002 -0/08

. 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 at the Critical Care Orderly Room.

    

Commander, 421 MDSS/Sec C

Attachments:

la. LOR, 01 Feb 96

lb. AF Form 174, 23 Feb 96
Ic. DD Form 1408, 13 Mar 96
ld. LOC, 25 Apr 96

le. AF Form 174, 22 May 97
lf. LOR, 23 Jun 97

lg. LOR, 05 Aug 97

lh. LOR, 21 Aug 97

ae LOR, 22 Sep 97

Ij. AF Form 1058, 23 Sep 97
Ik, AF Form 174, 17 Nov 97
1. LOR, 04 Dec 97

Im. AF Form 1058, 04 Dec 97
In. Statement of Understanding
2. Airman’s Receipt of Notification Memorandum