a Bodiede ——— BS RS Ba 4 a AA 9 VO VV

  

 

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

  

 

RS SITTING

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER NHIRITS SUBMITTED TOE f
A94,05 A67,90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE,
- 3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER ~ 4 | BRIEF OF PERSONNEL FILE

23 AUG 02 FD2002-0173 ~T COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

  

 

REMARKS

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

ros

 

 

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 1338 COMMAND DR, FE 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 FD02-0173

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: The applicant believes his discharge was improper because it was based on one isolated incident in
35 months of service. 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 driving on base with a suspended driver’s license and without authority, go from his
appointed place of duty. The applicant also received two Letters of Reprimand for assault and failure to
comply with instructions. The Board found no evidence of impropriety or inequity in this case on which to
base an upgrade of discharge. The Board concluded the misconduct of the applicant appropriately
characterized his term of service.

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
FD2002-0173
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/08/03 UP AFI 36-3208,

para 5.50.2 (Conduct Prejudicial to Good Order and Discipline). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 80/02/18. Enlmt Age: 17 11/12. Disch Age: 21 5/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-85, G-84, M-60. PAFSC: 3P051 - Security Police Journeyman.
DAS: 99/02/03.

b. Prior Sv: (1) AFRes 98/02/04 - 98/08/18 (6 Mos 15 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/08/19 for 4 yrs. Svd: 2 Yrs 11 Mo 15 Das, all AMS.

b. Grade Status: AB ~- 01/07/11 (Article 15, 01/07/11)
SRA - 01/02/10
AlC - 98/10/10

c. Time Lost: None

d. Art 15’s: (1) 01/07/11, Whiteman AFB, MO, Article 92. You, who knew
of your duties, on or about 28 May 2001, were derelict
in the performance of those duties in that you
willfully failed to refrain from driving on base with a
suspended driver's lecense, as it was your duty to do.
Article 86. You did, on or about 30 Jun 2001, without
authority, go from your appointed place of duty, to
wit: Building 711, 509" Security Forces Squadron.
Reduction to the grade of AB. (No appeal) (No
mitigation).

e. Additional: LOR, 23 JUL 01 - Assualt.
LOR, 07 JUN 01 - Failure to comply with instructions.

£. CM: None
g. Record of SV: 98/08/19 - 00/04/18 Whiteman AFB 5 (Initial)

(Discharged from Whiteman AFB)

h. Awards & Decs: AFAM, AFTR, AFOUA, AFEM.
FD2002-0173

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (0) Das
TAMS: (2) Yrs (11) Mos (15) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/16.
(Change Discharge to Honorable)

Issue:, My discharge was improper because it was based on one isolated
incident in 35 months of service with no other adverse action, I have enclosed
many documents showing how I continually went beyond the expectations of a
normal airman. I am currently serving my country as a Federal Air Marshal. I

would like to further my education using the MGIB but cannot until I have an
honorable discharge.

ATCH

Administrative Discharge Documents.

Enlistment Contract.

Enlisted Evaluation.

Character Reference.

Three Awards.

Fourteen Certificated/Letters of Appreciation.

Amb WN

02/07/30/cr
06/13/2002 08:50 FAX 660 687 3679 509 BW/JA WHITEMAN AFB 003
F°D2-002.— O17 2

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 509" BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

_ 2 AUG 2001
MEMORANDUM FOR 509 BW/CC

FROM: 509 BW/JA

SUBJECT: Final Legal } Review, AFI 36, 3208, gs cmninistrative Discharge

 

1. BASIS OF ACTION: The respondent's squadron commander initiated discharge action
under AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of misconduct. He
recommends an under honorable conditions (general) discharge without probation and
rehabilitation.

2. EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to
substantiate discharge under paragraph 5.50.2. Specific instances of the respondent's pattern of
misconduct include:

 

a. On 23 Jun 01, he assaulted his ex-wife.

b. On 28 May 01, he failed to refrain from driving on base with a suspended driver’s
license.

c, On 30 Jun Ol, he left his appointed place of duty without permission.

d. On 29 May 01, he was informed that his TDY enroute to PCS was cancelled, and that
he needed to turn in his airline tickets to TMO. On 5 Jun 01, Sgt telephoned the TMO
office to verify that he had tumed in the tickets, but he had failed to do so.

  
 

3. EVIDENCE FOR THE RESPONDENT: eggs is 21 years old. He has consulted
counsél and elected not to submit matters in his beh > Ses, entered the Air Force on

19 Aug 98. He is entitled to wear the Air Force Outstanding Unit Award, Air Force
Achievement Medal, and the Air Force Training Ribbon.
06/13/2002 08:50 FAX 660 687 3679 509 BW/JA WHITEMAN AFB 004
FF? 2002 - ©O/7S8

4, DISCUSSIQN«: ni ro

  

ep as afforded many chances to maintain military standards.
SE eehas showed no desire to

 

remain in the Air Force any longer. His pattern of rnisconduet began in May where he was found
driving on a suspended ligense. He. was as told not to drive any longer until this problem was

 

these two » incidents, his PCS orders were > cancelled. In June he was supposed to turn in his

airline tickets 1 to TMO, but he failed to do so until he was finally directed to go. Within the same
Peep ssaulted his ex-wife and failed to remain at his appointed place of duty.

7 iebhas received two Letters of Reprimand, and an Article 15. Retaining aN

on n active duty i is contrary to the maintenance of good order and discipline; therefore, his

squadron commander had initiated this discharge action.

ens

5. DISPOSITION ALTERNATIVES: You, as the special court-martial convening authority,
are the separation authority for this action. You may:

 
  

  
 

(a) retain the respondent in the Air Force;

(b) direct that the respondent be separated with an under honorable conditions (general)
discharge, with or without probation and rehabilitation;

(c) recommend the respondent be separated with an honorable discharge, with or without
probation and rehabilitation, and forward this case to the general court-martial convening
authority (Sth AF/CC) for action;

(d) direct this. case be reinitiated pursuant to the board hearing procedures of AFI 36-3208,
Chapter 6, Section. C, if you feel a discharge under other than-honorable conditions (UOTHC)
is watranted; or

(e) direct the case be reinitiated under another paragraph of AFI 36-3208, if you deem it more
appropriate,

7. RECOMMENDATION: I recommend you discharge the respondent, characterizing his
service as under honorable conditions (general), without probation and rehabilitation. If you
agree, please sign the attached correspondence and return this file to JA for further processing.

 

Chief, Adverse Actions

Attachment: sss nuginggns
Discharge Packages
06/13/2002 08:51 FAX 660 687 3679 509 BW/JA WHITEMAN AFB Moos

([P 200Z- O1F 3

DEPARTMENT OF THE AIR FORCE

509TH SECURITY FORCES SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

AL 23 20

 

FROM: 509 SFS/CC

* SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for a pattern of
misconduct. The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.
If my recommendation is approved, your service may be characterized as 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. On 23 Jun 01, you assaulted your ex-wife. For this incident, you received a Letter of
Reprimand, dated 23 Jul 01. (Atch 1a)

b. On 28 May 01, you failed to refrain from driving on base with a suspended driver’s
license. For this incident, you received an Article 15, dated 13 Jul O01. (Atch 1b)

c. On 30 Jun OL, you Jeft your appointed place of dury without permission. For this
incident, you received an Article 15, dated 13 Jul 01. (Atch 1b)

 

d. On 29 May 01, you were informed that your TDY enroute to PCS was cancelled, and
that you needed to tum in your airline tickets to TMO. On 5 Jun O14 lephoned the
TMO office to verify that you had turned in the tickets, but you had failed to do so. For this
incident, you received a Letter of Reprimand, dated 7 Jun 01. (Atch 1d) ,

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

4. You have the right to consult counsel. Military leg al counsel has been obtained to assist you.

I have made an appointment for you to consul¢ es ; ea in Bldg 509 on Sate 3 0 2001

at_ Ame SU. You may consult civilian counsel at your own expense.

   

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by AAug. Of unless you request
and receive an extension for good cause shown. I will send them to the separation authority.
06/13/2002 08:52 FAX 660 687 3679 509 BYW/JA WHITEMAN AFB oo9

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 begn scheduled for a medical examination. You must report to Physical Exams at
CVOC _on a ini for the examination. =

8. Any personal information you fumish in rebuttal is covered by 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 immediately.

   

ee Col, USAF
Commander

Attachments:

]. Supporting documents -- for the reason for discharge
a. LOR, dated 23 Jul 01
b. Article 15, dated 15 Jul 01
c. LOR, dated 7 Jun 0)

2. Airman’s receipt of notification memorandum, dated [AL 29 2001