AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

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

 
   

X PERSONAL APPEARANCE RECORD REVIEW

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

 

 

 

 

 

 

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ISSUES INDEX NUMBER et
A94,05, A93,01,A92.21 A67.10 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
S1OCT 02 FD2002-0180 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
APRLICANT'S ISSUE AND THE BOARD § DECBION, TON: FON: ED AIRFORCE DISCHARGE KEVIEW BOARD DECISIONAL RATIONALE

ae AER

i

 

 

  

Case heard at Andrews AFB, MD

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

SIGNATURE oF, RECORD E Eon sa A ATURE OF BOARD PRESIDEN y ;

 

 

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 FD2002-0180

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board (Board) with counsel at Andrews AFB,
MD on October 31, 2002.

The following additional exhibits were submitted at the hearing:
Exhibit 6: Letter of recommendation from Mr. John Yin dated 17 October, 2002.

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 that would justify a change of discharge.

ISSUES: The applicant’s issues are listed in the attached brief. The applicant contends his discharge was
inequitable because it was too harsh and he was immature. He further contends that his post service
conduct is reflective of his true character and ability to serve. The applicant was discharged with an under
honorable conditions (general) discharge for minor disciplinary infractions after 10 months of service. The
member had four AETC Form 341’s (records of counseling for minor infractions while in training), five
letters of reprimand, and one article 15 for violating phase restrictions on three occasions (included
breaking curfew, unauthorized travel off base, unauthorized consumption of alcohol), driving a vehicle
under the influence of alcohol, making a false police report, late for details, late for physical conditioning
training, failing room and locker inspections, use of profanity, and failure to perform CQ inventory. The
majority (8 of 10) of the applicant’s misconduct occurred over a period of one month (October 2001).
During testimony, the applicant revealed that his abuse of alcohol contributed to his pattern of misconduct
and accepted full responsibility for his actions. From the records and medical records, there was no
evidence that referral for alcohol intervention would have been indicated. The applicant’s blood alcohol
limit for the DUI noted above was reportedly below the legal limit and the applicant was of legal drinking
age. The applicant had ample opportunity to correct the recurring misconduct that was a significant
departure from conduct expected of all military members. The DRB was impressed with the applicant’s
honesty, remorse, and acceptance of responsibility for his behavior. His recognition that alcohol abuse
contributed to his difficulties and his reported abstinence since discharge were also noted and reflect a
significantly positive change in his character. The applicant requested a second chance to serve based on
the change in his character since discharge, however, the DRB found no evidence of impropriety or inequity
that would warrant 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
FD2002-0180
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_ (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 02/01/09 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 80/03/28. Enlmt Age: 20 9/12. Disch Age: 21 9/12. Educ:HS DIPL.
AFOT: N/A. A-76, E-86, G-82, M-76. PAFSC: 2E134 - Visual Imagery/Intrusion
Detection Apprentice. DAS: 01/08/31.

b. Prior Sv: (1) AFRes 01/01/04 - 01/03/05 (2 months 2 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AMN 01/03/06 for 4 yrs. Svd: 00 Yrs 10 Mo 04 Das, all AMS.

b. Grade Status: AB - 01/11/26 (Article 15, 01/11/26)

c. Time Lost: none.

d. Art 15’s: (1) 01/11/26, Ft Meade, MD - Article 92. You, who knew of
your duties, on or about 27 Oct 01, were derelict in
the performance of those duties in that you willfully
failed to abide by Second AF Phase. Program
restrictions, by failing to refrain from wearing
civilian clothes, as it was your duty to do. You, who
knew of your duties, on or about 27 Oct 01, were
derelict in the performance of those duties in that you
willfully failed to refrain from departing the
boundaries of Fort Meade, Maryland, as it was your duty
to do. You, who knew of your duties, on or about 27
Oct 01, were derelict in the performance of those
duties in that you willfully failed to refrain from ;
consuming alcohol while in Phase 1, as it was your duty
to de. Article 107. You, did, with intent to deceive,
sign an official document, to wit: DA Form 2823, Sworn
Statement, which document was totally false, and was
then known by you to be so false. Reduction to AB, 14
days restriction, and 14 days extra duty. (No appeal)
(No mitigation)

e. Additional: LOR, 20 NOV 01 —- Late to two mandatory formations.
LOC, 22 OCT 01 - Failure to do CQ inventory.
AETC 341, 21 OCT 01 - Failed to open wall locker during
RMT .
FD2002-0180

AETC 341, 18 OCT 01 - Late for PC and using profanity
toward CQ.

AETC 341, 04 OCT 01 - Failing room inspection.

AETC 341, 04 OCT 01 - Late for details.

LOR, 01 OCT 01 - DUI, and breaking curfew.

LOR, 01 OCT 01 - Failed to have to mandatory items at PC.

LOR, 04 JUN 01 - Violated Second AF Phase program and
accompanied Airman who drank while under

age.
—. CM: none.

g. Record of SV: none.

(Discharged from Ft Meade)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (00) Mos (06) Das
TAMS: (00) Yrs (10) Mos (04) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/23.
(Change Discharge to Honorable)

Issue 1: My discharge from the United States Air Force was granted without
fairness on my behalf or the level of professionalism I would have expected from
the USAF. I was forced to remain in Detachment 2, 336° TRS custody over the
Christmas holidays while two future military prison inmates were allowed leave.
The real and factual happenings and progress in my discharge case were either
kept from me or were misrepresented. Two airmen from the same detachment were
allowed to continue their careers after two underage drinking charges each.

Upon receiving and completing my punishment under Article 15 guidelines, I was
then further informed of the discharge case that was being brought against me.
‘This incident was my only major infraction while in service.

ATCH

1. DD Form 214.

2. Three Character References.
3. Police Record.

4. Two Letters of Appreciation.

02/05/29/ia
84/30/2002 10:37 3616775068 DET? 336TRS PAGE 49
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pp 2002~ af FO

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

ep.

MEMORANDUM FOR &1 TRG/CC

FROM: 81 TRW/JAJ
500 Fisher Street Rm 227
Keesler AFB, MS 39534-2553

SUBJECT: Legal Review, Administrative Discharge — WE iiitiny,

1. ACTION: On 17 Dec 01, Det 2, 336 TRS/TRM recommended thet gaupeeeelananale
(hereafter referred to as “Respondent”) be administratively separated for minor die ciplinary

infractions with a general discharge characterization. The authority for this recommendation is AFI
36-3208, Section H, paragraph 5.49 (minor disciplinary infractions). Under paragraph 6.2.2, the
respondent is not entitled to a board hearing.

2, RERSONAL D :

a. Date and Term of Enlistment: 6 mar 01; 4 Years;

4

b. Total Active Federal Military Service Date: 6 Mar 01;

c, Performance Reports: N/A.

3. EVIDENCE FOR THE GOVERNMENT:

a, On26 Nov 01, Det 2, 336 TRS/TRM imposed nonjudicial punishment action upon the
Respondent for the following infractions:

i, On 27 Oct O1, the Respondent was derelict in his duties by failing to refrain from drinking
alcoholic beverages while in Phase I of the Second Air Force Phase Program.

_ ii, On.27 Oct 01, the Respondent was derelict im his duties hy failing ty reftuin frum wearing
civijian clothing in violation of the Second Alr Force Phase Program.

iii. On 27 Oct 01, the Respondent was derelict in his duties by failing to refrain from departing
the boundaries of Fort Meade, Maryland, in violation of the Second Air Force Phase Program.

iv, On 27 Oct 01, the Respondent did with intent to deceive, sign an official document, DA
Form 2823, Swom Statement, which was totally falsc, and was then known by: hit Ww be false.

7 ATTORNEY WORK PRODUCT
This is a privileged document. Do rot release in whole or in part without the express permission of the Stuff Judge Advocate.
* 84/30/2002 16:37 3016775060 DET2 336TRS PAGE 18
64/30/2082 48:13 2283778939 B1TRWIAJ PAGE 83

b. On 14 Noy OL, and 13 Nov 01, the Respondent was late to two mandatory formations, for which
he was placed back into Phase J of the Sccond Air Furve Phase program, as vuled on Letter uf
Reprimand, dated 20 Nov 01.

c. On 18 Oct 01, the Respondent had an AETC Form 341 pulled for failing to do CQ inventory, for
which he received RMT on 5 Nov 01, a non-credit, 6-hour CQ shift, and was place in phase I until he
cormpleted RMT, as noted on Letter of Counseling, dated 22 Oct 01.

d. On2i Oct 01, the Respondent failed the open wall locker inspection, during RMT, for which he
was scheduled to redo RMT on 5 Nov 01, as noted on AETC Form 341, dated 21 Oct 01.

e. On 18 Oct 01, the Respondent was late for PC, and was using profanity toward CQ, as noted on
AETC Fonn 341, dated 18 Oct 01,

f. On 4 Oct 01, the Respondent violated Second Air Force Phase program by failing his room
inspection as noted on AETC Form 341, dated 4 Oct 01.

g- On4 Oct 01, the Respondent was repeatedly late for details in the morning, AA i neted on AETC
Form 341, dated 4 Oct OL.

pb. On J Oct O1, the Respondent received a Letter of Reprimand for the following infractions:

i, On 30 Sep 01, the Respondent and several other Airman were stopped at the Reece Road
gate and the MP spelled a strong odor of alcohol, and investigation revealed that his alcohol level
was .084. Furthermore, the Respondent was the driver of the vehicle aud he wus over the legal
alcobol limit for operating a motor vehicle.

ii, On 30 Sep 01, the Respondent violated the Second Air Force Phase program curfew
restrictions by violating the 2400 hour building curfew, even though it was previously briefed.

For the following Letter of Reprimand, the Respondent was placed back in Phase I, Day I, scheduled

for RMT, CQ, and other duties as deemed appropriate, and he had an Unfavorable Information File
established on him.

i. On 13 Sep 01, the Respondent failed to have the mandatory items at PC as noted on AETC
Form 341, dated 13 Sep 01.

j. On 26 May 01, the Respondent violated Second Air Force Phase program restrictions without an
approved itinerary, and accompanied airmen who drank alcohol while under the legal age to do so.
For those actions, he received a Letter of Reprimand, dated 4 Jun 01,

4, EVIDENCE FOR THE RESPONDENT: This 21-year old airman is in his first enlistment 4 and
has AQE scores as follows: A + 76, E - 86, G- 82,M- 76. The Respondent consulted counsel, and

elected to submit a written response for the commander’s consideration, In Response, he wrote a

statement to the 336 TRS/CC and the 81 TRG/CC. In which he talka about how alcohol has
influenced his actions.

ATTORNEY WORK PRODUCT
This 4s a privileged document. Do not release in whole or in part without the express perrhission of the Staff Judge Advocate,
. 04/38/2002 10:37 3016775060 DET2 336TRS PAGE 11
04/38/2082 88:13 2283778939 B1LTRW_JAI pp2ce2- Os FO PAGE B4

. 5. DISCUSSION: This file is legally sufficient. The Respondent ha. various disciplinary -
infractions throughout his time on station. We concur with the Det 2, 336 TRS/TRM's
recommendation of a general discharge. Ifa member's service has been honest and faithful, a -

general discharge is warranted when significant negative aspects of the member’s conduct or
performance of duty outweigh positive aspects of the member's military record. Reapondent’s
behavior warrants such a characterization. We also concur with Det 2, 336 TRS/TRM’s |
recommendation against offering Respondent probation and rehabilitation. The Respondent has
been. given opportunities to improve, and to this date fails to show any improvement. Further
attempts at probation and rehabilitation would likely prove unsuccessful.

6. OPTIONS: As the Separation Authority your options are:

a. If you determine this separation action is not supported. by the evidence, direct that it be
discontinued, and direct the Respondent be retained in the Air Force.

b. If you determine this separation action has been brought under an jnappropriate section of
AFI 36-3208, direct reinitiation under a more appropriate section.

c. Ifyou determine this separation action is suppurted by the evidence, approve the

separation action and direct the Respondent be given a general discharge, with or without probation
and rehabilitation, for minor disciplinary infractions under the provisions of AFI 36-3208,
paragraph 5.49.

d. If you determine this separation action is supported by the evidence, but believe an

honorable discharge is appropriate, make that recommendation and forward the file to 2 AP/CC for
further disposition.

a. Tf yon determine that an under other than honorable conditions discharge ia appropriate

under paragraph 5.49, direct a discharge board be convened, and forward the file to Det 2,
336 TRS/TRM for processing.

7, RECOMMENDATION: Approve respondent's separation with a gencral service

characterization, without probation and rehabilitation, for minor disciplinary infractions under the
provisions of AFI 36-3208, Chapter 5, Section H, pemaemaph 5,49,

  
  

ray USAF
D Discharge Facility
I concur.
-_" i} USAF
tse Action Branch
Attachment
Case File

ATTORNEY WORK PRODUCT
This & a privileged document, Dé not release in whole or in part without the express permission of the Staff Judge Advocate.
* @4/36/2002 18:37 30167759868 DET2 336TRS PAGE 65

PpAce2- 2/30

DEPARTMENT OF THE AIR FORCE |

AIR EDUCATION AND TRAINING COMMAND

 

(A Dec of

FROM: DET 2, 336 TRS/CC

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, Chapter 5, Section H,
paragraph 5.49. Tf my recommendation is approved, your discharge will be described as
honorable ot general. I am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On 26 Nov 01, | imposed nonjudicial punishment action upon you for the following
infractions:

i. On 27 Oct 01, you were derelict in your duties by failing to refrain from drinking alcoholic
beverages while in Phase I of the Second Air Force Phase Program (Atch 1, Appendix A w/atch)

ii, On 27 Oct 01, you were derelict in your duties by failing to refrain from wearing civilian
clothing in violation of the Second Air Force Phase Program. (Atch 1, Appendix A w/atch)

iii, On 27 Oct 01, you were derelict in your duties by failing to refrain from departing the
boundaries of Fort Meade, Maryland, in violation of the Second Air Force Phase Program. (Atch 1,
Appendix A w/atch)

iv. On 27 Oct 01, you did with intent ta deceive, sign an official document, DA Form 2823,
Sworn Statement, which was totally false, and was then known by you to be false. (Atch 1,
Appendix A w/atch)

‘= oh

b. On 14 Novy 01, and 13 Nov 01 , you were late to two mandatory formations, for which you
were placed back into Phase | of the Second Air Force Phase program, as noted on Letter of

Reprimand, dated 20 Nav 01. (Atch 1, Appendix B w/atch)

c. On 18 Oct 01, you had an AETC Form 341 pulled for failing to do CQ inventory, for which
you received RMT on 5 Nov 01, a non-credit, 6-bour CQ shift, and were place in phase T until you
completed RMT, as noted on Letter of Counseling, dated 22 Oct 01. (Atch 1, Appendix C w/atch)
‘ @4/3a/20a2 18:37 3016775866 Del? 336TRS PAGE 46

Pp 2202- o/ 80

d. On21 Oct 01, you failed the open wall locker inspection, during RMT, for which you were —
scheduled to redo RMT on 5 Nov 01, as noted on AETC Form 341, dated 21 Oct 01. (Atch 1,
Appendix D)

e, On 18 Oct 01, you were late for PC, and wore using profanity toward CQ, as noted on AETC
Form 341, dated 18 Oct Q1. (Atch 1, Appendix E)

f. On4 Oct 01, you violated Second Air Force Phase program by failing your room inspection
as noted on AETC Form 341, dated 4 Oct 01. (Atch 1, Appendix F)

g. On 4 Oct 01, you were repeatedly late for details in the morning, as noted on AETC Form
341, dated 4 Oct 01. (Atch 1, Appendix G)

h. On 1 Oct 01, you received a Letter of Reprimand for the following infractions:

i, On 30 Sep 01, you and several other Airman were stopped at the Reece Road gate and
the MP spelled a strong odor of alcohol, and investigation revealed that your alcohol level was

.084, Furthermore, you were the driver of the vehicle and were over the legal alcohol limit for
operating a motor vehicle. (Atch 1, Appendix H w/atchs)

ii. On 30 Sep 01, you violated the Second Air Force Phase program curfew restrictions by

violating the 2400 hour building curfew, even though it was previously briefed. (Atch 1 Appendix
H wi/achs) a

For the following Letter of Reprimand, you were placed back in Phase I, Day I, scheduled for RMT,
CQ, and other duties as deemed appropriate, and you had an Unfavorable Information File
established on you.

i. On 13 Sep 01, you failed to have the mandatory items at PC as noted on AETC Form 341,
dated 13 Sep 01. (Atch 1, Appendix I) —

j. On 26 may 01, you violated Sccond Air Force Phase program restrictions without an approved

itinerary, and accompanied airmen who drank alcohol while under the legal age to do so. For these
actions, you received a Letter of Reprimand, dated 4 Inn OL.

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 higher 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. Any special pay, bonuses, or education assistance funds may be
aubject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assiet

you, | have made an appointment for you to consult Andrews AFB, ADC on ¢77 Dew ©] at
O93 0 hours. You may consult civilian counsel at your own expense..

4
. 84/30/2662 14:37 3016775868 DET? 336TRS PAGE 07

Fo2202- O/FO

5. You have the right to submit statements on your own behalf. Any statements .you want the

separation authority to consider must reach me by (7 O #< oy by 1630 hours unless you
request and receive au cxleusiun for youd cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your tight to do so.

7. You have been scheduled for a medical examination. You must report to Bolling AFB,
Physical Exams on (XOee ay; at_(3o © _ hours for the examination.

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 CSS.

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

    

Commander
Altachments:
1. Supporting Documents

AF Form 3070,,dated 26 Nov 01 w/atchs
Letter of Reprimand, dated 20 Nov 01 w/atchs
Letter of Counseling. dated 22 Oct 01, w/atchs
AETC Form 341, dated 21 Oct 01

AETC Form 341, dated 18 Oct 01

AETC Form 341, dated 4 Oct 01

AETC Form 341, dated 4 Oct 01

Letler or Reprimand, dated 4 Oct 01w/atch
AETC Form 341, dated 13 Sep 01

Letter of Reprimand, dated 4 Jun 0]

2. Airman’ s Receipt of Notification Memorandum

3. Airman’s Statement

4. Medical Examination .

Do map mo Bo oP