Search Decisions

Decision Text

AF | DRB | CY2002 | FD2002-0176
Original file (FD2002-0176.pdf) Auto-classification: Denied
PERSONAL APPEARANCE __| X RECORD REVIEW

 

  

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BLS SUB

PPOINTIN:

(iss THE ROAR:
ORDER APPOIN

"HE BOARD |

  

ISSUES INDEX NUMBER
A01,13, A94,05, A93,09 467,90

     

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

 

02-09-06 _ [FD2002-0176 COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPHRANCE HEARING

 

a ait

 

 

 

 

REMARKS

Case heard at Washington, D.C,

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

 

 

SIGNATURE OF RECORD Bas

 

 

 

   

    

 

 

SAF/MIBR / A SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
$50 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 | p200-0176

GENERAL; The applicant appeals for upgrade of discharge to honorable, and to change his reenlistment
code.

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 and change of reenlistment code are denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had
three Letters of Reprimand, seven letters of counseling, and an Unfavorable Information File. He also had
two referral Enlisted Performance Reports rated overall “2.” His misconduct included failure to go,
multiple incidents of being late to work, multiple dress and appearance violations, multiple dereliction of
duty incidents, and two civilian convictions for driving under the influence of alcohol. The records show
that applicant and his wife were also referred to the family advocacy program and mutual spouse abuse was
substantiated. Member was also in the Weight and Body Fat Management Program. At the time of the
discharge, applicant submitted a statement on his own behalf, several character statements, and a
conditional waiver of his entitlement to a board hearing for receipt of a general discharge. Applicant now
provides explanations for several, but not all, of his incidents of misconduct, and infers his discharge was
too harsh in view of his otherwise honorable service. The Board finds his issues without merit in that
member’s misconduct consisted of a series of incidents that were of a very serious nature. His conduct was
a significant departure from the standards expected of airmen, and although given an opportunity to change
his negative behavior, he was unable or unwilling to do so. No inequity or impropriety was found in this
discharge in the course of the records review.

The applicant cited his desire to return to military service. While the Board commends applicant on this
desire, and is sympathetic to the impact a General discharge has on his reenlistment code, this is not a

matter of equity or propriety that warrants an upgrade.

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
FD2002-0176
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 00/02/29 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge and Upgrade of RE Code.

2. BACKGROUND:

a. DOB: 73/10/23. Enimt Age: 19 10/12. Disch Age: 26 4/12, .Educ:HS DIPL.
AFOT: N/A. A-30, E-45, G-50, M-32. PAFSC: 4P051 - Pharmacy Journeyman.
DAS: 97/05/22.

b. Prior Sv: (1) AFRes 93/09/03 - 93/09/21 (19 days) (Inactive) .

(2) Enlisted as AB 93/09/22 for 4 yrs. Svd: 3 yrs 4 months 6
days, all AMS. AMN-(EPR Indicates): 93/09/22-95/05/21. A1C - 95/01/22. SRA -
96/09/22. EPRs: 3,3.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 97/01/28 for 4 yrs. Svd: 03 Yrs 01 Mo 02 Das, all

b. Grade Status: none.
ec. Time Lost: none.
d. Art 15’s: none.

e. Additional: LOC, 27 MAY 97 - Failure to wear uniform as instructed.

LOC, 18 AUG 97 - Failed third uniform inspection.

LOC, 28 MAR 98 - DUI.

LOR, 28 MAR 98 - DUI.

Loc, 30 JUL 98 - Unsatisfactory performance.

LOR, 12 MAY 99 - Failure to go, failure to obey an order,
and dereliction of duty.

LOC, 29 JUL 99 - Dereliction of duty.

LOC, 03 AUG .99 - Late for duty, wearing improper uniform.

LOC, 01 SEP 99 ~ Late for duty.

LOR, 14 NOV 99 - Failure to pay just debt.

£. CM: none.

g. Record of SV: 98/05/22 - 99/05/21 Langley AFB 2 (Annual)

(Discharged from Langley AFB)
FD2002-0176
h. Awards & Decs: AFLSAR, AFTR, NDSM, AFOUA, AFGCM W/1 DEV.

i. Stmt of Sv: TMS: (06) Yrs (05) Mos (27) Das
TAMS: (06) Yrs (05) Mos (09) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/18.
(Change Discharge to Honorable and Change RE Code.)

ISSUES ATTACHED TO BRIEF.

ATCH

1. DD Form 214.
2. Applicant's Issues.

02/08/07/ia
FD2Z002 -O/JE

 

April 12, 2002

SUBJECT: Issues to Consider

To Whom It May Concern:
1. ] have issues with documents involved with my discharge.

2. The issues | have are as follows:

 

a. On 13 Aug 97, Lasked the Assistant NCOIGAMMMMsaa pe
guidelines. I should have researched the information myself, but 1 took the word
Gao informed my supervisor that he thought
that the uniform I had was still valid.

 

b. On 21 Jul 98 and 28 Jul 98, I had a medication that I checked in error, and one
medication was not double counted. I, on an average day, would check between
one hundred prescriptions up to 300 prescriptions. I had some of the lowest error
rate numbers in the pharmacy. On 28 Jul 98, I filled and counted a narcotic
medication and passed it to the checker to be double counted. The checker did not
double count the medication. The Pharmacy’s policy at that time was that the
filler and checker were to get Letters of Counseling.

c. On3 Aug 99 and 16 Aug 99 through 20 Aug 99, I had recently advised the
pharmacy that my family was in a car accident that totaled my car. At the time the
pharmacy wanted personnel to arrive 15 minutes before the pharmacy opened. I
could not find a ride, because others that I knew did not have to be at work until
7:30 a.m., and I had to be there at 7:15 a.m. I took taxis to work most of the time,
and a couple of times I started to walk to work. I made every effort to get to work
on time until I was able to get another car.

d. On 10 May 99, I had to put my hurricane evacuation information on the readiness
computer system. The week before the pharmacy was told to fill it out on the
readiness form. Then, pharmacy personnel received word that the information had
to be sent by computer. In the pharmacy there was one computer for the entire
frontline personnel. The pharmacy gave two days to finish the form and I was not
able to get on the computer.

3. In six years and three months I served my country honorably. I received the Air Force
Good Conduct Medal with 1 device, Air Force Longevity Service Medal, Air Force
Training Ribbon, National Defense Service Medal, and the Air Force Outstanding
Unit Award. I was on the first increment for the 1‘* Medical Group Readiness Team
Fp 2002.- 0/742

_ for 3 years. In that time I won two awards during the Medical Readiness Exercise for
* excellence in the battlefield. | was on the Load Team the three years before that. Just
months before I was to go up for the discharge, I was told by the pharmacy that
myself and two others in the pharmacy would be going to Kuwait. | did not complain,

and was prepared to go that same day.

4, I would like to request that my discharge be upgraded to Honorable and my
Reenlistment Eligibility Code upgraded. I would like to try and qualify to continue
my career as an Air Force Airman. Since my departure from the military I have
continued my education. I have completed the PC Trouble Shooting and Hardware
Systems course at Old Dominion University. I am currently employed with Humana,
Inc., which handles the military healthcare. I am still in the healthcare service field,
and I have computer skills that | have attained. If the Review Board sees fit, I hope
that to have my discharge upgraded and my reenlistment code upgraded so that
whether or not | qualify for reentry I can still have my honorable discharge.

Thank you for you consideration,
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS NINTH AIR FORCE (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

MEMORANDUM FOR 9 AF/CV FEB 1/6 2000

FROM: 9 AF/JAM
524 Shaw Drive
Shaw AFB, SC 29152-5029

 

SUBJECT: Legal Review, AFI 36-3208, ‘giiiiannidsiaaiaaiial

1. Overview: On 18 Jan 00, discharge action was initiated against the respondent pursuant to
AF] 36-3208, paragraph 5.50.2, for a pattern of misconduct - conduct prejudicial to good order
and discipline. The initiating commander recommended a General discharge without probation
and rehabilitation (P&R). On 18 Jan 00, the respondent submitted a conditional waiver of his
right to an administrative discharge board contingent upon receiving no less than a General
discharge. He also submitted matters to be considered in his behalf. 1 FW/CC has forwarded the

case file recommending the conditional waiver be accepted and the respondent be discharged
with a General discharge.

 

2. Basis: This action is based on the following misconduct:

a. On 27 May 97, the respondent failed to wear the proper uniform, for which he received a
letter of counseling.

b. On 13 Aug 97, the respondent failed a third uniform inspection, for which he received a
letter of counseling.

c. On 28 Feb 98, the respondent drove a motor vehicle while under the influence of alcohol,
for which he received a letter of counseling. On 19 May 98, he was convicted by civil court, for
which he received a letter of reprimand and establishment of an unfavorable information file.

d. On 21 Jul 98, the respondent checked a refill for Novahistine which was actually refilled
with Tussionex, for which he received a letter of counseling.

e. On 6 May 99, the respondent failed to go to his appointed place of duty at the time
prescribed, for which he received a letter of reprimand that was placed in his unfavorable
information file.

f. As of 10 May 99, after three reminders, the respondent failed to complete LAFB Form 33,
Hurricane Evacuation Plan, for which he received a letter of counseling.

g. On 28 Jul 99, after repeated reminders, the respondent checked a prescription for a
narcotic that was not double counted, for which he received a letter of counseling.

Hlobal Power For America
FO2002 - 0/76

h. On3 Aug 99, the respondent reported for duty late in a uniform that did not meet Air
Force standards, for which he received a letter of counseling.

i. On the mornings of 16 Aug 99 through 20 Aug 99, the respondent reported for duty late,
for which he received a letter of counseling.

j. On 1 Sep 99, the respondent reported for duty late, for which he received a letter of
counseling.

k. On or about 8 Nov 99, the respondent was 85 days delinquent in paying a debt to
Regional Acceptance, a loan company in which he had borrowed $500.00, for which he received
a letter of reprimand that was included in his unfavorable information file.

3. Background: The respondent has more than six years military service, therefore he is entitled
to an administrative discharge board hearing. As stated earlier, the respondent submitted a
conditional waiver of his right to a board hearing. He also submitted matters in his own behalf.

....He states while his military experience in general has been very positive, he is disappointed in

the military on the way the senior noncommissioned officers responded to his entire situation.
The respondent feels that he has earned an honorable discharge after putting in six long and hard
years. He believes that an honorable discharge would help him reach his goals and contribute to
his community and a general discharge would make it difficult to be considered for a position as
a juvenile counselor. The respondent's wife, mother, aunt, a co-worker, and the Chief of
Inpatient Pharmacy submitted character statements. The character statements make reference to
the respondent's dedicated service, and his commitment to his family. The 1 FW/CC has
forwarded the case file recommending that the conditional waiver be accepted and the respondent

be separated with a General discharge without P&R.

4. Personal Data: The respondent is 26 years old and married with four dependents. His current
enlistment began on 28 Jan 97, for a period of four years. The respondent has received five EPRs
with overall ratings of two 2s, two 3s and one 4. The respondent is authorized to wear the Air
Force Good Conduct Medal with one Oak Leaf Cluster, the National Defense Service Medal, the
Air Force Training Ribbon, the Air Force Longevity Service Medal, and the Air Force
Outstanding Unit Award.

5. Errors and Irregularities: There are no errors or irregularities in the case file that are
prejudicial to the substantive rights of the respondent. However, it was noted that the case file
did not contain character statements mentioned in the respondent's submission. These statements
have since been forwarded to the initiating commander and the 1 FW/CC for consideration and
has been included in the case file.

6, Legal Sufficiency/Discussion: I have reviewed the case file and find it legally sufficient to
support a General discharge without P&R. During the respondent’s current enlistment, he has
been involved in numerous incidents of misconduct consisting of failing to wear the proper
FD2002~- 0/76

uniform; failing a uniform inspection, driving under the influence of alcohol; three incidents of
dereliction of duty; seven incidents of failure to go to his appointed place of duty at the time
prescribed; and failure to pay a just debt. These incidents resulted in seven letters of counseling
and three letters of reprimand. The respondent's numerous acts of misconduct and his refusal to
accept the rehabilitative efforts offered to him form a basis for discharge under AFI 36-3208,
paragraph 5.50.2. The respondent's overall record is such that a General discharge is appropriate,
while P&R is not.

7, Options: As the separation authority, you have the following options:
a. Direct that the respondent be retained in the Air Force.
b. Refer the case file to 9 AF/CC if you believe an Honorable discharge is warranted.

c, Accept the respondent's conditional waiver and direct that he be separated with a General
discharge with or without P&R.

d, Reject the respondent’s conditional waiver and direct him to either request a hearing
before an administrative discharge board or submit an unconditional waiver of this right.

8. Recommendation: I recommend that you direct the respondent be separated with a General
discharge without P&R. If you concur, an action to that effect has been prepared for your
signature.

 

I concur.
ED 2002~ O78

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 1ST FIGHTER WING
LANGLEY AIR FORCE BASE

 

FEB = 8, 2000
MEMORANDUM FOR 1 FW/CC
FROM: 1 FW/JA
SUBJECT: Administrative Discharge -aeaaigaearte #1 MDSS

 

1. Ihave reviewed the proposed discharge action case file and find it legally sufficient to support a decision
to separate Respondent with an under honorable conditions (general) discharge, as soon as he is found

medically fit for separation.

2. Background:

a. Respondent is a 26-year-old Pharmacy Journeyman assigned to the 1" Medical Support Squadron. His
TAFMSD is 22 Sep 93, and he began his four year enlistment on 28 Jan 97. He was assigned to his present
unit on 22 May 97. Respondent received enlisted performance reports which contained overall ratings of 3,
3, 4, 2, and 2.

b. Respondent’s commander properly notified Respondent of his recommendation to separate Respondent
under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, paragraph 5.50.2 (pattern of
misconduct) with an under honorable conditions (general) discharge. The Respondent is entitled to a board
hearing. Discharge has been properly pursued via the board hearing procedures of AFI 36-3208, Chapter 6,
Section C.

3. Evidence for the Government: On 27 May 97, the Respondent failed to wear the proper uniform as
instructed. For this incident, he received a letter of counseling dated 27 May 97. On 13 Aug 97, the
Respondent failed a third uniform inspection. For this incident, he received a letter of counseling dated 18
Aug 97. On 28 Feb 98, at York County District Court, the Respondent was convicted of a misdemeanor for
Driving Under the Influence (DUD). For this incident, he received a letter of counseling dated 11 Mar 98 and
a letter of reprimand dated 28 May 98. In addition, an Unfavarable Information File (UIF) was established
and included the letter of reprimand. On 21 Jul 98, the Respondent checked a refill for Novahistine which
was actually refilled with Tussionex. For this incident, he received a letter of counseling dated 30 Jul 98. On
6 May 99, the Respondent failed to report to the orderly room for a mandatory weigh-in. His inability to be
at his scheduled appointment was a violation of Article 86, (Failure to Go) and Article 92, (Failure to Obey
an Order and Dereliction of Duty), of the Uniform Code of Military Justice (UCMJ). For this incident, he
received a letter of reprimand dated 12 May 99, which was included in his UIF. As of 10 May 99, after three
reminders, the Respondent has not completed LAFB Form 33, Hurricane Evacuation Plan. For this incident,
he received a letter of counseling dated 10 May 99. On 28 Jul 99, after repeated reminders about double
counting narcotics, the Respondent checked a prescription for a narcotic that was not double counted. For
this incident, he received a letter of counseling dated 29 Jul 99. On 3 Aug 99, the Respondent reported to
duty five minutes late in an uniform that did not meet the standards contained in AFI 36-2903. For this
[EDP 2002 -O17E6

incident, the Respondent received a letter of counseling dated 3 Aug 99. On the mornings of 16 Aug 99-20
Aug 99, and | Sep 99 he reported to duty late. For e incidents, he received two letters of, ounseling
dated 20 Aug 99 and 1 Sep 99. On 8 Nov 9§ received notification from Sees, the
assistant manager of Regional Acceptance, that the Respondent was 85 days delinquent in paying his just
debt. For this incident, he received a letter of reprimand dated 14 Nov 99, which was included in his UIF.

      

4. Evidence for the Respondent: Respondent’s unit properly notified him of his nght to consult with
counsel and to submit statements on his behalf for your consideration. On 18 Jan 2000, after consulting
military legal counsel, the Respondent submitted a conditional waiver of his rights to a board hearing
contingent upon receiving a discharge characterization no less favorable than an under honorable conditions
(general) discharge. He submitted written matters for your consideration. The Respondent says that he is
very disappointed in the senior leadership for not supporting him and their response to the entire situation.
He feels that he has earned an honorable discharge after putting in six long and hard years. The Respondent
believes that an honorable discharge would help him reach his goals and contribute to his community and a
general discharge would make it difficult to be considered for a position as a juvenile counselor. He asks that
you overlook his minor disciplinary infractions and consider approving an honorable discharge.

Character statements were submitted on behalf of the Respondent by the Chief of Inpatient Pharmacy
Services, a co-worker, his wife, his mother, and a friend. The statements make reference to the Respondent’s
six years of dedicated service to the Air Force. The Chief of Inpatient Pharmacy Services says that he has
never directly supervised him but has been satisfied with the Respondent’s performance. He goes on to say
that the Respondent seemed to be well organized and industrious during the times they worked together, but
he was not familiar with his overall performance. He feels that if given a chance, the Respondent is a good
tisk for retention. Overall, everyone submitting character statements feels that the Respondent has leamed

from his past mistakes and would be a good candidate for retention.
5. Discussion:

a. During his military career, iis has engaged in a pattern of misconduct that necessitates
administrative discharge. His record includes an Unfavorable Information File (UIF) with 3 letters of
reprimand and 9 letters of counseling for repeated uniform violations, showing up late for work, and driving
under the influence. Conduct such as his is incompatible with further military service. Clearly the negative
aspects of his service outweigh his positive contributions. Accordingly, an under honorable conditions
(general) discharge characterization is warranted. Respondent’s misconduct was not so egregious as to
warrant an under other than honorable conditions discharge characterization which is appropriate when a
ifican departure from the conduct expected of airmen. The 1 MDSS/CC

member’s conduct constitutes a signi
and I recommend acceptance oN B offer of a conditional waiver for a discharge characterization

no less favorable than an under honorable conditions (general) discharge.

  
 

b. The unit offered the Respondent numerous opportunities to improve his behavior by offering letters of
reprimand and letters of counseling. Respondent’s continued pattern of misconduct, despite the unit’s efforts
to rehabilitate him, demonstrates his poor rehabilitative potential. I do not recommend rehabilitation and
probation in conjunction with this discharge.

6. Errors and Irregularities: No errors or irregularities prejudicial to Respondent’s substantive or
procedural rights were noted. The Respondent was initially recommended for discharge on 10 Dec 99 and
the package was sent back for reinitiation due to a paragraph missing from the notification memorandum.
FP2002~ UTE

The missing paragraph stated the discharge characterization, that the Respondent would not be able to
reenlist in the Armed Forces, and information concerning the recoupment of education benefits, special pay,
and bonuses.

In addition, in the Respondent’s statement he referred to character letters. At the time the package was
returned to the Legal Office, there were no character statements included with the package. It has recently
come to our attention that there were character statements that needed to be included in the discharge
package for your review. The character statements are located at Tab 2. The 1 MDSS/CC has reviewed the

character statements and still supports the Respondent’s discharge for a pattern of misconduct.

7. Options: As separation authority in this case, you may:

a. Recommend 9AF/CC accept Respondent’s conditional waiver and separate him with an honorable or
under honorable conditions (general) discharge, with or without probation;

b. Disapprove Respondent’s request for a conditional waiver and inform Respondent that either an
unconditional waiver or a request for a board hearing may be submitted; or

c. Direct retention, if you determine the evidence does not warrant discharge.

8. Recommendation: Forward to 9 AF/CC with a recommendation to accept Respondent’s conditional
waiver of his right to an administrative discharge board hearing and approve his separation with an under
honorable conditions (general) discharge characterization, without probation and rehabilitation. A proposed

memorandum to that effect is attached for your signature.

 

I concur.

 

Attachments:
1. Proposed Letter
2. Case File
FO2002- 0176

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 1ST FIGHTER WING
LANGLEY AIR FORCE BASE

 

JAN 18 2000

MEMORANDUM FOR SRq RR

 

FROM: 1 MDSS/CC
SUBJECT: Notification Letter — Board Hearing

1. Iam recommending your discharge from the United States Air Force for a pattern of misconduct,
conduct prejudicial to good order and discipline. The authority for this action is AFPD 36-32 and
AFI 36-3208, Chapter 5, Section H, paragraph 5.50.2. Copies of the documents to be forwarded to
the separation authority to support this recommendation are attached.

2. My reasons for this action are as follows:

a. On 27 May 97, you failed to wear the proper uniform as instructed. For this incident, you
received a letter of counseling dated 27 May 97.

b. On 13 Aug 97, you failed a third uniform inspection. For this incident, you received a
letter of counseling dated 18 Aug 97.

c. On 28 Feb 98, at York County District Court, you were convicted on misdemeanor for
Driving Under the Influence (DUI). For this incident, you received a letter of counseling
dated 11 Mar 98 and a letter of reprimand dated 28 May 98. In addition, an Unfavorable

Information File (UIF) was established and included the letter of reprimand.

d. On 21 Jul 98, you checked a refill for Novahistine which was actually refilled with
Tussionex. For this incident, you received a letter of counseling dated 30 Jul 98.

e. On 6 May 99, you failed to report to the orderly room for a mandatory weigh-in. Your
inability to be at your scheduled appointment was a violation of Article 86, (Failure to Go)
and Article 92, (Failure to Obey an Order and Dereliction of Duty), of the Uniform Code
of Military Justice (UCMJ). For this incident, you received a letter of reprimand dated 12
May 99, which was included in your UIF.

f. As of 10 May 99, after three reminders, you have not completed LAFB Form 33,
Hurricane Evacuation Plan. For this incident, you received a letter of counseling dated 10
May 99.
FDP2OO2~WV7S

g. On 28 Jul 99, after repeated reminders, you checked a prescription for a narcotic that
was not double counted. For this incident, you received a letter of counseling dated 29 Jul

99.

h. On 3 Aug 99, you reported to duty five minutes late in an uniform that did not meet the
standards contained in AFI 36-2903. For this incident, you received a letter of counseling
dated 3 Aug 99, |

i. On the mornings of 16 Aug 99-20 Aug 99, and 1 Sep 99, you reported to duty late. For
these incidents, you received two letters of counseling dated 20 Aug 99 and 1 Sep 99.

is ceived notification frogs. the assistant manager

of Regional Acceptance, that you were 85 days delinquent in paying your just debt. For this.
incident, you received a letter of reprimand dated 14 Nov 99, which was included in your
UIE.

 
   

  

seelia

j. On 8 Nov 995

3. This action could result in your separation with an under honorable conditions (general)
discharge. I am recommending that you receive an under honorable conditions (general) discharge.
The commander exercising SPCM jurisdiction or a higher authority will make the final decision in
this matter. If you are discharged, you will be ineligible for reenlistment in the Air Force and will
probably be denied enlistment in any component of the armed forces. In addition, any special pay,
bonus, or education assistance funds may be subject to recoupment.

4. You have the right to:
(a) Consult legal counsel;

(b) Present your case to an administrative discharge board;
(c) Be represented by legal counsel at a board hearing;

(d) Submit statements on your own behalf in addition to, or in lieu of, the board hearing;

(e) Waive the above rights. You must consult legal counsel before deciding to waive any
of the Respondentr rights.

5. You have been scheduled for a medical examination. You must report to the 1st Medical Group,
Physical Exam Section at hours on 2000 and an additional

appointment wij) be scheduled if necessary. You must bring your medical records to your scheduled
appointment. m ' O1%@0 “l/ae Moo

been obtained to assist you, I have made an appointment for you to

6. Military legal counsel has be
MEENA Arca Defense Counsel, 54 Willow Street, Bldg 147, Ext. 4-5607

consult Captairt™

  
 
 

 

at hours on 2000. Instead of the appointed counsel, you may have
FD 2.002 -o0/76

another, if the lawyer you request is in the active military service and is reasonably available as
determined according to AFI 51-201. In addition to military counsel, you have the right to employ
civilian counsel. The Air Force does not pay expenses incident to the employment of civilian
counsel. Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within seven workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel, who will also sign
it. If you waive your right to a hearing before an administrative discharge board, you may submit
written statements on your own behalf. I will send the statements to the discharge authority with the
case file to be considered with this recommendation. If you fail to respond, your failure will
constitute a waiver of the right to a board hearing.

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 in the unit orderly room.

9. If you request a board and you fail to appear without good cause, your failure to appear constitutes
a waiver of your right to be present at the hearing.

10. The discharge board or the discharge authority will make the findings and recommendations
required under 10 U.S.C. 2005(g).

11. Execute the attached acknowledgment and return it togng immediately.

  

Attachments:
1. Evidence
2. Receipt of Notification Memorandum

Similar Decisions

  • AF | DRB | CY2003 | FD2002-0150

    Original file (FD2002-0150.pdf) Auto-classification: Denied

    AFHQ FORM 0-2077, JAN 00 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢7992-0150 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Scott AFB, IL on June 2, 2003. She was apprehended for possessing alcohol the day after she was issued a Letter of Reprimand.

  • AF | DRB | CY2007 | FD2006-00325

    Original file (FD2006-00325.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 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 FD-2006-00325 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. For failing to perform assigned duties properly, you received an RIC...

  • AF | DRB | CY2007 | FD2007-00002

    Original file (FD2007-00002.pdf) Auto-classification: Denied

    The applicant received an Article 15 for failure to go to her appointed place of duty. The records also indicated the applicant continued her misconduct and was administratively disciplined for being late for duty, forwarding chain letters over the Air Force email, failure to carry out instructions, sleeping in the lounge during duty hours, disrespect towards an NCO, failure to complete CDCs and test failure, dereliction of duty, failure to go, insubordinate conduct towards an NCO on two...

  • AF | DRB | CY2003 | FD2002-0352

    Original file (FD2002-0352.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Fen id AIC TYPE | ™ , GEN PERSONAL APPEARANCE _LX RECORD REVIEW COUNSEL. NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO xX VOTE OF THE BOARD MEMBERS SITTING HON GEN UOTHC OTHER DENY X xX X X X ISSUES INDEX NUMBER EXHIBITS SUBMITTED 1Q.THE BOARD A93.01, A93.19, A94,53 A67.10 1 | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF...

  • AF | DRB | CY2002 | FD2002-0098

    Original file (FD2002-0098.pdf) Auto-classification: Denied

    For these acts of misconduct, the respondent received a verbal counseling, a letter of counseling (LOC), a memorandum for record (MFR), four letters of reprimand (LOR), an unfavorable information file (UIF), entry on the control roster, and punishment under Article 15, UCM. (Tab 1) 4, EVIDENCE CONSIDERED FOR THE RESPONDENT: The respondent is a 22 year old security forces journéyman who enlisted in the Air Force on 7 May 97. f. On or about 10 Aug 98, you failed to go at the time to your...

  • AF | DRB | CY2003 | FD01-00166

    Original file (FD01-00166.pdf) Auto-classification: Denied

    " - : . AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD s NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) | T GRADE AFSN/SSAN ine A1c |

  • AF | DRB | CY2003 | FD2001-0466

    Original file (FD2001-0466.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15 for violating a lawful instruction by entering the dormitory quarters of a member of the opposite sex, an Article 15 for disrespectful language toward a superior NCO, a Letter of Counseling for failing to use a Technical Order, a Letter of Counseling for not using the chain of command, a Letter of Counseling for using tobacco products in a military facility, and eight Letters of Counseling for being late for work. The award was...

  • AF | DRB | CY2002 | FD2002-0154

    Original file (FD2002-0154.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0154 GENERAL: The applicant appeals for upgrade of discharge to Honorable. BASIS FOR THE ACTION: Administrative discharge action is based on the respondent's pattern of misconduct during his current enlistment. However, the respondent did consult with his ADC via telephone prior to responding to this action.

  • AF | DRB | CY2002 | FD2002-0146

    Original file (FD2002-0146.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ryo9_0146 GENERAL: The applicant appeals for upgrade of discharge to Honorable. First, per my Legal Review of Discharge, my commander at the time of the order felt my service was honorable, and my discharge should be named as such. DISCUSSION: The respondent's commander has recommended that the respondent be separated from the United States Air Force with an honorable discharge under AFI 36-3208, Section F, paragraph 5.32,...

  • AF | DRB | CY2001 | FD01-00054

    Original file (FD01-00054.pdf) Auto-classification: Denied

    CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority and the applicant was provided full administrative due process. In addition, he was 3 overnment Credit Card account in the amount of received a Letter of Reprimand w/atch, dated 29 Oct 99. minimum Air Force s received a referral “2” EPR for failing to maintain I k. On 3 Dec 99,...