ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

    

 

 

 

 

AIC
TYPE
General X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

VOTE OF THE BOARD

      

UOTHC

MEMBERS SITTING “HON |

OTHER DENY

 

 

 

 

 

 

 

X
x
Xx
xX

 

 

 

 

 

     
   

ISSUES INDEX NUMBER EXHIBITS SUBMITTED: TO. THE BOARD

         

 

 

A94.05 A 67.10 1. | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE

    

 

11 07 02 FD2002-0171

 

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND.THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE: REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

 

 

 

 

 

REMARKS

Case heard at Washington, D.C.

Advise the applicant of the decision of the Board and the right to submit an application to the AFBCMR

 

 

 

 

- | INDORSEMENT oes Pah nee e DATE: 111202
TO: ~
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 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 ¥D2002-0171

GENERAL: The applicant appeals for upgrade of his discharge from general to honorable and changing
his reenlistment code to one that permits him to re-enter the military. 2 ft

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade/change of reason for discharge and change of RE code denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety which would justify a change of discharge.

Issue: The applicant believes the general discharge he received is too harsh and request that his discharge
be upgraded to honorable and his RE code changed so he can re-enter the Air Force. Despite the brief
duration of the respondent’s Air Force service, he accumulated an impressive record of misconduct. In
seven months, he received an Article 15, a letter of reprimand, and eleven letters of counseling. He
received an Article 15 for making obscene comments to other airmen and using his government computer to
create a pornographic slide show. He was reprimanded for pinching the buttocks of a female airman.

While in technical training, the respondent’s supervisors repeatedly counseled the respondent for his poor
performance on his tests and for falling asleep in class. Their rehabilitative efforts met with no success.
The DRB carefully reviewed the evidence the respondent and concluded the applicant’s separation from the
Air Force with a general discharge was fully supported by the evidence. Finding neither an impropriety nor
an inequity, the DRB believes the applicant’s separation and service characterization to be appropriate.

The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The DRB concludes the discharge is consistent with the procedural and substantive
requirements of the discharge regulation, was within the discretion of the discharge authority, and that the
applicant received full administrative due process. In view of the foregoing findings, the DRB further
concludes there is no legal or equitable basis upon which relief can be granted and that the applicant’s
discharge should not be changed.

Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD
FD2002-0171

(Former A1C) (HGH Al1C) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a Gen Dish fr USAF 01/11/15
UP AFI 36-3208, PARA 5.49(Misconduct - Minor Disciplinary
Infractions). Appeals for HON Disch, to Change the RE Code, and
Change Reason and Auth for Disch.

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 02/02/22.

b. The AFDRB reviewed cage on 02/03/14 (non-appearance w/o
counsel) & concluded applicant’s discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 02/04/10.
(Change Discharge to Hon, Change RE Code, & Change Reason and
Auth for Disch)

ISSUE 1: I am writing to give a brief description of each
offense written against me from the discharge memorandum starting
from the Beginning. Also to ask for a second chance a few of

these are self explanatory.

* T did not shine my boots.

* I fell asleep in class after studying all night.

* While in Mandatory Study after studying I found a previously
created slide show I added to it.

* The comment I made to AB ------ was completely not called for
but at the time of the offense me and AB ----- were talking
about sexual acts and I stepped over the line.

* I failed room inspection.

* IT took a relationship I was having in the dorm to the school
house and acted unprofessionally.

* I missed one homework assignment.

* I was late to class from a ten minute break.

I am not making excuses for what I have done but I am asking for
a second chance. I joined the Air Force for the educational
benefits and to do something positive with my life. I had
planned on staying in the Air Force to receive my commission as
an Officer and to make it a life long career. My entire life I
FD2002-0171

have wanted to join the United States Air Force. I wanted to
serve my country. Once I was discharged I saw that there is
nothing in the civilian world for me. I made a lot of stupid
choices. But I can truly say I am older and wiser from them. I
have taken courses on sensitivity, stress and anger management.

I have been in constant fellowship with several ministers. I
have held a full time job since being released from the Air
Force. I have started my own ministry. These past 6 months have
taught me that I am not perfect nor am I invincible. But I am
human and like all humans I make mistakes. I am asking please
don’t let my mistakes hinder my future with the United States Air
Force. Please allow me to start with a fresh and new start with
the United States Air Force.

Atch

1. Applicant’s Issues.
2. Three Character References.

02/07/03/ai
Fp 2e02-A/7/

FD2001-0524

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (00) Yrs (07) Mos (13) Das
TAMS: (00) Yrs (07) Mos (06) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/16.
(Change Discharge to Honorable and Change RE Code)

Issue 1: f am writing to respectfully ask that my discharge be upgraded to
honorable an my reentry code be changed so I may reenter the USAF or another
branch of the military. I realize what I have done and I am sorry for it. I am
asking for a second chance to continue with my Air Force career.

ATCH
1. Written Statement in Response to Notification Letter.

2. DD Form 214.
3. Student Training Report.

02/02/22/ia
PD 2002-0 /7/ —

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

t a

 

13 Nov 01
MEMORANDUM FOR 82 TRG/CC

FROM: 82 TRW/JAC

SUBJECT: Legal Review, Recommendation for Discharge ~ Al iii
362 TRS :

‘1. We have reviewed this discharge case file and find it legally sufficient to support discharge in
accordance with the provisions of AFI 36-3208. Based upon our review, we conclude that the

incidents documented within this file sufficiently support AlC discharge from the

Air Force. We concur with the 362 TRS/CCQ that Al hould be discharged with an
under honorable conditions (general) discharge in accordance with AFI 36-3208, paragraph 5.49
(minor disciplinary infractions).

2. Basis for Action. On 30 Oct 01, the 362 TRS/CCQ notified Al i... she was
recommending that Alp: discharged from the service due to his misconduct.

3. Evidence for the Commander. The preponderance of the evidence in the case file supporting
the squadron section commander’s recommendation consists of the following:

a. The respondent did, at or near Sheppard AFB TX, on or about 20 Sep 01, violate a lawful
general instruction, to wit: AFI 36-2903, Table 2.5, Line 2, by failing to shine his boots. For this
misconduct, he received an AF Form 174, Record of Individual Counseling, on 20 Sep 01.

b. The respondent, who knew or should have known of his duties at Sheppard AFB TX, on or
about 11 Sep 01, was derelict in the performance of those duties in that he slept in class, as it was
his duty not to do. For this misconduct, he received an AF Form 174 on 11 Sep 01.

c. The respondent did, at or near Sheppard AFB TX, on divers occasions between on or about
20 Aug 01 and on or about 31 Aug 01, violate a lawful general order, to wit: paragraph
2-301(b), Department of Defense Directive 5500.7R, dated 30 Aug 93, by wrongfully using a
government computer for unofficial use and unauthorized purposes. For this misconduct and
‘subparagraph “d” below he received an Article 15 on 12 Oct 01.

d. The respondent did, at or near Sheppard AFB TX, on or about 20 Aug 01 and on or about
24 Aug 01, orally communicate to An =< indecent language, to wit: “White
girls did a good deed when they inven é blowjob” and “How being they could suck the
chrome off a trailer hitch.” ,

e. The respondent did, at or near Sheppard AFB TX, on or about 15 Aug 01, violate a lawful
general instruction, to wit: SAFBI 36-2902, paragraph 2.1.3, dated 15 Oct 97, by failing to keep
his dormitory room in inspection order at all times. For this misconduct, he received an AF Form

174, on 22 Aug 01.

This communication is privileged as attorney work product and/or attorney-client

communication or is protected by another privilege recognized under the law. Do not
distribute, forward, or release without the prior approval of the sender or 82 TRW/JA.
[PD2002-d/7

f, The respondent did, at or near Sheppard AFB TX, on or about 8 Aug 01, make a lude
gesture by touching a female student from behind. For this misconduct, he received a Letter of

Reprimand (LOR) on 8 Aug 01.

g. The respondent, who knew of his duties at Sheppard AFB TX, on or about 19 Jul 01, was

derelict in the performance of those duties in that he did not complete his assigned homework, as
it was his duty to do. For this misconduct, he received an AETC Form 173, Student Record of

Academic/Nonacademic Counseling and Comments, on 19 Jul 01.

h. The respondent did, at or near Sheppard AFB TX, on or about 18 Jul 01, fail to go to his
appointed place of duty at the prescribed time, to wit: classroom. For this misconduct, he

received an AETC Form 173 on 18 Jul 01.

4. Additional Information. The respondent is 19 years old, began his present enlistment on
10 Apr 01, and was assigned to his unit on 4 Jun 01. His ASVAB scores are as follows: A - 69,
E -45, G - 46, and M - 53, The respondent is entitled to wear the Air Force Training Ribbon. He

has consulted counsel and has submitted statements for your consideration.
5. In accordance with AFI 36-3208, your options are to:
* .

a. Direct AIC retention;

b. Suspend an under honorable conditions (general) discharge and recommend Probation and
Rehabilitation;

c. Direct his discharge with an under honorable conditions (general) discharge; or

d. Recommend that aici discharged with an honorable discharge. If you determine
an honorable discharge is appropriate, this file must be forwarded to 2 AF/CC since only a
General Court-Martial Convening Authority may approve an honorable discharge
characterization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4).

6. We note no administrative errors of legal significance, however, we do note the respondent
was promoted to AIC on 19 Oct 01. We concur with the squadron section commander’s

recommendation for an under honorable conditions (general) discharge.

7. If you have any questions regarding this matter, please contact cop
ext 6-7186.

 

Attachment:
Case File

This communication is privileged as attorney work product and/or attorney-client
communication or is protected by another privilege recognized under the law. Do not
distribute, forward, or release without the prior approval of the sender or 82 TRW/JA.
DEPARTMENT OF THEAIRFORCE =P D-<20)2-0/7/

AIR EDUCATION AND TRAINING COMMAND

 

o

130 007 20

FROM: 362 TRS/CCQ
SUBJECT: Notification Memorandum

|. Iam 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 an honorable or under honorable
conditions (general). I am recommending that your service be characterized as under honorable

conditions (general).
2. My reasons for this action are:

a. You did, at or near Sheppard AFB TX, on or about 20 Sep 01, violate a lawful general
instruction, to wit: AFI 36-2903, Table 2.5, Line 2, by failing to shine your boots. For this
misconduct you received an AF Form 174, Record of Individual Counseling, on 20 Sep 01.

b. You, who knew or should have known of your duties at Sheppard AFB TX, on or about 11 Sep
01, were derelict in the performance of those duties in that you slept in class, as it was your duty
not to do. For this misconduct you received an AF Form 174 on 11 Sep 01.

c. You did, at or near Sheppard AFB TX, on divers occasions between on or about 20 Aug 01 and
on or about 31 Aug 01, violate a lawful general order, to wit: paragraph 2-301(b), Department of
Defense Directive 5500.7R, dated 30 Aug 93, by wrongfully using a governrhént computer for
unofficial use and unauthorized purposes. For this misconduct and subparagraph “d” below you
received an Article 15 on 12 Oct 01.

d. You did, at or near Sheppard AFB TX, between on or about 20 Aug 01 and on or about 24 Aug
01, orally communicate to AB ertain indecent language, to wit: “White girls did

a good deed when they invented the blowjob” and “How being they could suck the chrome off a
trailer hitch. ”

e. You did, at or near Sheppard AFB TX, on or about 15 Aug 01, violate a lawful general
instruction, to wit: Paragraph 2.1.3, SAFBI 36-2902, dated 15 Oct 97, by failing to keep your
dormitory room in inspection order at all times. For this misconduct you received an AF Form

174 on 22 Aug 01.

f. You did, at or near Sheppard AFB TX, on or about 8 Aug 0], make a lude gesture by touching a
female student from behind. For this misconduct you received a Letter of Reprimand (LOR) on 8

Aug 01.

g. You, who knew of your duties at Sheppard AFB TX, on or about 19 Jul 01, were derelict in the
performance of those duties in that you did not complete your assigned homework, as it was your —
duty to do. For this misconduct you received an AETC Form 173, Student Record of
Academic/Nonacademic Counseling and Comments, on 19 Jul 01.
| Pp 2002 ~- 8/77

AF Form 174, 20 Sep 01
AF Form (74, [1 Sep 01
MER, 2™ Lt Nevis, 24 Oct 01
AF Form 3070, 12 Oct 01
Incident Report, | 2001090015
AF Form 3545, 01-09-015
AF From 1168, AB
AF Form 1168, AB
. AF Form 1168, AB
10. AF Form 1168, AB
“11. AF Form 1168, SSet
12. AF Form 1168, AB
13. AF Form 1168, ABE
14. AF Form 174, 22 Aug 01 ~
15. LOR, 8 Aug 01

16. AF Form 1168, AB
17. AF Form 1168, SSet
18. AF Form 1168, MSgti

19, AETC Form 173, 19 Jul OF
20. AETC Form 173, 18 Jul 01

21. AETC Form 125A, 30 Oct 01

22. Student Training Report, CL NR 20010619

23. AETC Form 173, 14 Aug 01

24, AETC Form 173, 14 Aug 01

25. AETC Form 173, 14 Aug 01

26. AETC Form 173, 7 Aug 01

27. AETC Form 173, 13 Jul 01

28. AETC Form 173, 2 Jul 01 . Q

 
     
     
 
 
 
  
  
  

OANIAHW RON

31 Aug 01

£31 Aug 01
31 Aug 01
30 Aug 0]

:8 Aug 01
8 Aug 01
8 Aug 01

29, Lackland AFB Form 205, 28 May 01
30. Airman’s Receipt of Notification Memorandum

ce
82 MSS/DPMARS

362 TRS/CSS (File) .
Individual