AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE. MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| TYPE “ - sme soo st “ pe amd,
_ PERSONAL APPEARANCE _ X_ RECORD REVIEW

 

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

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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EXALBUES SUR: ERDAR)

ORDER APPOINTING THE BOARD

   

ISSUES INDEX NUMBER

A94,05 A67.10

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

2 OCT 02 FD2002-0175 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

me) BH) he) ee

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

      
 

     

 

 

RE TARKS
Case heard at Washington, D.C.

 

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

 

 

 

 

 

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 FD02-0175

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 was put into a
career field that he was completely uncomfortable with. 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 failing to refrain from consuming alcohol as a minor and
controlling a vehicle while drunk. Also, the applicant received a Vacation action for failure to go three
times, a Letter of Reprimand for failure to obey an order and failure to go, a Letter of Admonishment for
underage drinking, a Record of Individual Counseling for being late for formation, and seven AETC Form
341’s for failing his room inspection, being late for formation (3 times), failure to maintain dress and
appearance, violation of dorm room security, and dereliction of duty. 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
FD2002-0175
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/10/03 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 80/04/26. Enlmt Age: 20 1/12. Disch Age: 21 5/12. Educ:HS DIPL.
AFQOT: N/A. A-54, E-58, G-78, M-58. PAFSC: 2M012 - Missile and Space Systems
Maintenance Helper. DAS: 01/01/25.

b. Prior Sv: (1) AFRes 00/06/21 - 00/10/09 (3 months 19 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 00/10/10 for 6 yrs. Svd: 00 Yrs 11 Mo 24 Das, all AMS.

b. Grade Status: AIC - 00/11/24

c. Time Lost: none.

d. Art 15's; (1) 01/06/21, Vacation, Vandenberg AFB, CA - Article 86.
You did, on or about 8 Jun 01, without authority, fail
to go at the time prescribed to your appointed place of
duty, to wit: the 0700 detail formation at Building
9192. You did, on or about 8 Jun O01, without
authority, fail to go a the time prescribed to your
appointed place of duty, to wit: the 1200 detail
formation at Building 9192. You did, on or about 8 Jun
01, without authority, fail to go at the time
prescribed to your appointed place of duty, to wit: the
1600 Troops Information Procedures Summary (TIPS)
formation at Building 9192. Forfeiture of $521.00 for
one month. (No appeal) (No mitigation)

(2) 01/04/03, Vandenberg AFB, CA - Article 92. You, who
knew or should have known of your duties, on or about
13 Mar 01, were derelict in the performance of those
duties in that you willfully failed to refrain from
consuming alcohol as a minor under the legal drinking
age, as it was your duty to do. Article 111. You did,
on or about 13 Mar 01, physically control a vehicle, to
wit: a passenger car, while drunk. Forfeiture of :
$521.00 pay per month for 2 months (forfeiture of one
month suspended until 02 Oct 01), and 14 days extra
duty. (No appeal) (No mitigation)
FD2002-0175

e, Additional: AETC 341, 08 FEB 01 - Failed room inspection.
AETC,341, 14 FEB 01 - Late for formation.
AETC 341, 14 MAR 01 - Late for formation.

RIC, 14 MAR O1 - Late for formation.
AETC 341, 16 MAR Q1 - Failure to maintain dress and
appearance.

RETC 341, 27 MAR 01 - Violation of dorm room security.
AETC 341, 06 APR 01 - Late for formation.

LOA, 12 APR 01 - Underage drinking.

AETC 341, 29 APR 01 - Dereliction of duty.

LOR, 08 JUN 01 - Failure to obey an order and failure
to go.

f. CM: none.
g. Record of SV: none.

(Discharged from Vandenberg AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (03) Mos (13) Das
TAMS: (00) Yrs (11) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/20.
(Change Discharge to Honorable)

Issue 1; The discharge that was issued to me is improper because it goes
against my purpose for temporarily leaving the Air Force. I believe that my
mistake was going about it the wrong way to get what I wanted. My issue was
getting a job/career field that I thought I would be successful in was not
granted to me. I understand that orders are orders but could no see someone
turn my whole life around because of a mistake I made but was able to resolve.
My heart & life long goals were abruptly changed to a career field that I was
completely uncomfortable with. Even my superior officers admitted that my point
of view was legit and wished me the best. I did not realize at the time though
that me leaving the Air Force with my mildly named (?) but detering (sic)
discharge would leave me this helpless. Not to mention not being able to
receive my GI Bill to at least increase my chances of employment in civilian
life or advanced opportunities in the Air Force which is what I had in mind even
before I left. Without this appeal I will not be able to: (1) Receive
employment anywhere, (2) Receive unemployment, (3) be able to receive my GI Bill
benefits even though I've paid my full cost for it. (4) Be able to even get
back into the Air Force. Theres (sic) more personal intrest (sic) now denied to
me but I just noted what it will take for me to survive. I have attached a
resume to show why I was uncomfortable with the chosen career.
FD2002-0175

ATCH
1. Job Resume.

02/08/07/ia
fD2.002.- OTE
DEPARTMENT OF THE AIR FORCE

30TH SPACE WING (AFSPC)

 

 

eae” 90 SEP 700
MEMORANDUM FOR 30 4
FROM: 30 SW/JA
SUBJECT: Lee al Review — AF] 36- 3208 Administrative Discharge Action
i iniiaiaiiEE: 32 TRS (AETC)
1. The proposed administrative discharge action againss@iiil _ i Militias been

 

reviewed and found to be legally sufficient.

2. BASIS FOR ACTION: AFPD 36-32 and AFI 36-3208, paragraph 5.49: Minor Disciplinary
Infractions lle vs notified of this action by his commander on 14 Sep 01. The
commander recommends thai current term of service be characterized as General,
Under Honorable Conditions in accordance with AFI 36-3208, paragraph 1.18. “iin
waived his right to consult counsel but has submitted statements on his own behalf. (Tab 3,

Attachment 3).

3. FACTS: SE cotered the Air Force on 10 Oct 00. He was assigned to the 532 TRS on
25 Jan 01 as a student. .

(a) On or about 8 Feb 0 19QQRMNRe Failed his dormitory room and bathroom inspection.
As a result, he received an AETC Form 341, discrepancy report, dated 8 Feb 01.

(b) On or about 14 Feb 01, egggailiwfailed to report on time for morning formation.
As a result, he received an AETC Form 341, discrepancy report, dated 14 Feb 01.

(c) On or about 13 Mar 01 Ep»: derelict in the performance of his duties by
willfully failing to refrain from consuming alcohol as a minor under the legal drinking age and
physically controlling a passenger car while drunk. As a result NGA received nonjudicial
punishment under Article 15, UCMJ, dated 22 Mar 01. Punishment consisted of forfeiture of
$521 pay per month for 2 months, with forfeiture of the second month's pay of $521 suspended
until 2 Oct 01, after which time it would be remitted without further action, unless sooner
vacated.

(d) On or about 14 Mar 01, SRM failed to report on time for morning formation.
As a result, he received an AETC Form 341, discrepancy report, dated 14 Mar 01.

(c) On or about 14 Mar 01 algae had two AETC Form 341s filed on his behalf for
the same discrepancy. The discrepancy noted is being late. As a result, he received an AF Form

174, Record of Individual Counseling, dated 14 Mar 01.

GUARDIANS OF THE HIGH FRONTIER
[7D 2002 - O17

(f) On 16 Mar 01, iii was in violation of AFI 36-2903 by failing to maintain
dress and personal appearance. As a result, he received an AETC Form 341, discrepancy report,
dated 16 Mar 01.

(g) On 27 Mar 01 i 25 in violation of dormitory security by having a
compact disc and a movie video in his room were they were visible. As a result, he received an

AETC Form 341, discrepancy report, dated 27 Mar 01.

(h) On 6 Apr 0 ie: was late to morning formation. As a result, he received an
AETC Form 34], discrepancy report, dated 6 Apr 01.

(1) On or about.8 Apr 01, investigation revealed that consumption of alcoholic beverages
took place i ormitory room while he was present. These actions are in direct

violation of AETCI 36- 2216, paragraph 4.4.7, Uniform Code of Military Justice Article 92,
Failure to Obey an Order, and California state law. As a result, he received a Letter of
Admonishment, dated 12 Apr 01.

(j) On or about 29 Apr 0 1 agg va. not in direct possession of one or more of his
mandatory items, which include a valid military identification card, two properly filled AETC
Form 341s, and a proper AF phase card. As a result, he received an AETC Form 341,
discrepancy report, dated 29 Apr 01.

(k) On or about 25 May 01, ellie exsionaly delayed out-processing Vandenberg
AFB because he did not want to attend the Security Forces training squadron at Lackland AFB.

His actions were a direct violation of Article 92, Failure to Obey an Order, and Article 86,
Failure to Go, of the Uniform Code of Military Justice. As a result, he received a Letter of
Reprimand, dated 8 June 01.

() On or about 8 Jun 01 a intentionally missed two detail formations at 0700
hrs and 1200-hrs. When asked, he told Charge of Quarters via telephone that he was going to
attend the 576 FLTS BBQ. He was not given permission to attend the function. Additionally, he
was not present at the BBQ, and stated, “I was just hanging out trying to avoid my detail.” Asa
result, he received a Letter of Reprimand dated 12 Jun 01 and his previously suspended
punishment from nonjudicial punishment under Article 15, UCMJ, dated 3 Apr 01 was vacated
effective 21 Jun 01.

4. DISCUSSION:

a. This discharge action has been processed in strict compliance with AFI 36-3208, and the
evidence is legally sufficient to support discharge based on minor disciplinary infractions. All of .
the incidents listed in the facts section above occurred in ewe current enlistment and may

be used by you as a basis for discharge SMMEiteraived his right to consult counsel but
submitted matters for your consideration. This waiver and the submitted matters can be located

at Tab 3, Attachment 3.
[F-22002 ~- OY OS

b. In accordance with AFI 36-3208, paragraph 6.1.1, the decision to discharge should be
made after careful consideration of all the facts and circumstances that make the member subject
to discharge. Since: iy to the unit on 25 Jan 01, he has consistently failed to
demonstrate the requisite military bearing and behavior expected of Air Force members. In fact,
many of his reprimands stem from his inability or unwillingness to adhere to the most basic
AETC rules. What is more troubling is the deterioration of his attitude while his misconduct has
grown progressively worse, culminating in the vacation of punishment on the Article 15, UCMJ,
dated 22 Mar 01. In total, cight administrative tools have been employed along with an Article
15 and an Article 15 vacation of suspension action in his 10-month Air Force career. Clearly this
airman’s ability to function in the military environment is significantly impaired by his
disrespect for authority and the inability to follow orders. Discharge is entirely appropriate.

; isubmitted a personal statement, a letter of appreciation, a certificate of
appreciation, and several AETC Form 341s. His personal statement provided some insight into
his background and admitted that he was ill prepared for military life. He also stated that he
realizes that it’s time to part ways with the Air Force. The other matters submitted are from
various individuals recognizing some of the positive clita performed during his time
in the military.

 

d. According to AFI 36-3208, paragraph 1.17, when determining gaia
characterization of service, the quality of service according to standards of acceptable conduct
and personal performance of duty should be considered. In this case, MAEM, isconduct far
outweighs any positive aspects of his service record. His repeated disciplinary infractions, often
for the same offenses, indicates he simply does not deserve an Honorable discharge and should
not be associated with those who have received such a discharge characterization.
Characterizing discharge as General, Under Honorable Conditions, is appropriate.

e, AFI 36-32008, paragraph 7.3, provides for the probation and rehabilitation of airmen
subject to discharge when they have demonstrated a potential to serve satisfactorily, who have
the capacity to be rehabilitated for continued service and whose retention on active duty in a
probationary status is consistent with the maintenance of good order and discipline.

RN y every indication, is not a candidate for probation and rehabilitation and has not
demonstrated the potential for successful continued military service. ip was previously
placed on a form of probation when a portion of his nonjudicial punishment under Article 15 was
suspended. Despite cn owled ge that his suspended punishment could still be

‘implemented, his misconduct continued. This resulted in a vacation of his suspended
punishment and demonstrates his lack of rehabilitation potential, despite our best efforts.
Discharge without an offer of probation and rehabilitation is appropriate.

5. OPTIONS: As the Special Court-Martial Convening Authority, you may:

a. Direct retention based on your determination that the evidence is insufficient to support
discharge;

b. Retum the discharge file with direction that the action be brought under a more
appropriate paragraph of AFI 36-3208;
[OD 2002 ~ OL75°

c. Forward the discharge file to 14 AF/CC with a recommendation for an Honorable
characterization of service, with or without an offer of probation or rehabilitation;

d. Direct discharge with a General, Under Honorable Conditions characterization of
service, With or without and offer of probation or rehabilitation;

6. RECOMMENDATION: That you sign the letter at Tab 1 directing ¢qgqaaiiiiipe> < discharged
with a General, Under Honorable Conditions characterization of service without an offer of

probation or rehabilitation.

   

Staff Judge Advocate

Attachments:
Case File
F7FD2002 - O17 57
DEPARTMENT OF THE AIR FORCE

30TH SPACE WING (AFSPC)

 

MEMORANDUM FOR

  

FROM: 532 TRS/CC

SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208

1. 1am 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 may be characterized as General, Under
Honorable Conditions (General). I am recommending your discharge be characterized as
General.

2. My reasons for this action are:

a. On or about 8 Feb 01, you failed your dormitory room and bathroom inspection. As
aresult, you received an AETC Form 341, discrepancy report, dated 8 Feb 01.

b. On or about 14 Feb 01, you failed to report on time for morning formation. Asa
result, you received an AETC Form 341, discrepancy report, dated 14 Feb 01.

c. On or about 13 Mar 01, you were in direct violation of Article 92, Failure to Obey an
Order, and Article 111, drunken operation of a vehicle, of the Unites States Code of Military
Justice. As a result, you received punishment under Article 15, UCMJ, dated 22 Mar 01.
Punishment consisted of forfeiture of $521.00 pay per month for two months, with one month
suspended and 14 days extra duty.

d. On or about 14 Mar 01, you failed to report on time for morning formation. As a
result, you received-an-AETC Form 341, discrepancy report, dated 14 Mar 01.

e. On or about 14.Mar 01, you received your second AETC Form 341 for failure to
report on time for morning formation. As a result, you received an AF Form 174, Record of
Individual Counseling, dated 14 Mar 01.

f. On or about 16 Mar 01, you were in violation of AFI 36-2903 by failing to maintain
dress and personal appearance. As a result, you received an AETC Form 341, discrepancy

- report, dated 16 Mar 01,

g. On or about 27 Mar 01, you were in violation of dormitory security by having a
compact disc and a movie video in your room where they were visible. As a result, you received
an AETC Form 341, discrepancy report, dated 27 Mar 01.

GUARDIANS OF THE HIGH FRONTIER
[FOLOO2- W7S

h. On or about 6 Apr 01, you were late to moming formation. Asa result, you received
an AETC Form 341, discrepancy report, dated 6 Apr 01.

i. On or about 8 Apr 01, investigation revealed that consumption of alcoholic beverages
took place in your dormitory room while you were present. These actions are in direct violation
of AETCI 36-2216, paragraph 4.4.7, United States Code of Military Justice Article 92, Failure to
Obey an Order, and California state law. As a result, you received a Letter of Admonishment

dated 12 Apr 01.

j- On or about 29 Apr 01, you were not in direct possession of one or more your
mandatory items, which included a valid military identification card, two properly filled-out
AETC Form 341s, and a proper AF phase card. Asa result, you received an AETC Form 341,
discrepancy report, dated 29 Apr 01.

k. On or about 25 May 01, you intentionally delayed out-processing Vandenberg AFB
because you did not want to attend the Security Forces training squadron at Lackland AFB.
Your actions were a direct violation of Article 92, Failure to Obey an Order, and Article 86,
Failure to Go, of the Uniform Code of Military Justice. As a result, you received a Letter of
Reprimand dated 8 June 01.

I. On or about 8 Jun 01, you intentionally missed two detail formations at 0700 hrs and
1200 hrs, you told Charge of Quarters via telephone that you were going to attend the 576 FLTS
BBQ. You were not given permissiofi to attend the function. Additionally, you were not present
at the BBQ, and stated, “I was just hanging out trying to avoid my detail.” As a result, you
received a Letter of Reprimand dated 12 Jun 01 and your previously suspended punishment from
nonjudicial punishment under Article 15, UCMJ, dated 3 Apr 01 was vacated effective 21 Jun
01,

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 jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force and, if
discharge action is approved, how your discharge will be characterized. If you are discharged,
you will be ineligible for reenlistment in the Air Force. Furthermore, any special pay, bonuses,
or education assistance you have received may be subject to recoupment.

4. You have the right to consult counsel, Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult t the Area Defense
Counsel, Building 8500, ext. 6-3627/28, at hours on . 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 _/4 Sep ¢] (3 duty days) unless you
request and receive an extension for good cause shown. I Will send them to the separation

authority.
02002-0176

6. If you fail to consult counsel or to submit matters in your own behalf, your failure will

constitute a waiver of your right to do so. i

7. You have been scheduled for a medical examination. You must report to 30 MDG

at Té) ) hours on .

8. Any personal information you furnish in rebuttal to this action is covered by the Privacy Act
of 1974, A copy of AFI 36-3208 is available for your use at the office of the Area Defense
Counsel, Building 8500.

9. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:
AETC Form 341s, dated 8 Feb 01, 14 Feb 01, and 14 Mar 01

1.

2. RIC, dated 14 Mar 01
3. AETC Form 341s, dated 16 Mar 01, and 27 Mar 01
4. Article 15, dated 22 Mar 01
5. AETC Form 341, dated 6 Apr 01
6. LOA, dated 12-Apr 01
7. AETC Form 341, dated 29 Apr 01
8. LOR, dated 8 Jun 01

9. LOR, dated 12 Jun 01

10. AF Form 366, dated 21 Jun 01