AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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or a ee nett ene
GEN PERSONAL APPEARANCE

TOUHE NAME OF COUNSEL AND OR ORGANIZATION
YES

GRADE

AFSN/SSAN

 

AIC

 

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION CF OCOUASET.

 

 

MEMBERS SITTING

 
 

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4972.37, A93.19, ADd.53

INDEX NUMRFR
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ce i PFEB TR THE BEARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

   

 

 

 

 

LETTER OF NU

 

EASE MIIMBER

FD2002-0186

HEARING DATE
02-10-03

 

 

 

 

TRIEE OF PERSONNEL TILE
COUNSEISS RELEASE TO THLE DOARD

ADDITIONAL EXHINITS SUBMITTED AT TIME GE |
FERSONAT. APPEAR ANCT.

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TAPE RECORDING OF PERSONAL APPRRANCE HEARING
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REMARKS

Case heard at Washington, D.C.

submit an application ta the AFBCMR.

 

 

Advise applicant of the decision of the Beard and the right to a personal appearance with/without counsel and the right to

 

 

SIGNATURE oF RECORDER
¥

 

 

S.AP/MIBR
350 C STREET WEST, SUITE 40
RANIOLPH AFB, TX 78140-4742

 

 

AFHQ FORM 06-2077, JAN 00

~ (EF-V2)

 
  

PRESIDE Ra

a ,

 

  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR. EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

 

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | xp 002-0186

GENERAL; The applicant appeals for upgrade of discharge to honorable.

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 is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for minor disciplinary infractions, He had three Records of Individual
Counseling, two Letters of Reprimand, three Articles 15, a vacation of suspended punishment, an
Unfavorable Information File, and had been placed on the Control Roster. His misconduct included four
instances of failure to go, speeding on base, drunk driving, underage drinking, being drunk on standby duty
and incapacitated for duty, and disobeying a lawful order by driving on base while on suspension. At the
time of the discharge, after consulting counsel, member waived his right to submit a statement in his own
behalf Applicant now states he realizes he was immature and made a few mistakes, but he would like to
come back into the Air Force. The Board noted that member was the same age as other airmen who adhere
to the standards when his misconduct occurred, and he knew right from wrong. [le was counseled
repeatedly and placed on the Control Roster in an effort to help him correct his deficiencies. He was mature
and responsible for his actions, and therefore was held accountable for them, Although he was given
numerous opportunities to improve his behavior, he failed to respond to those rehabilitative efforts. No
inequity or impropriety was found in this discharge in the course of the records review.

While the Board commends applicant on this desire his desire to return to military service, 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 Rrief
FD2002-0186
DEPARTMENT OF THE ATR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFE, MD

—_— (Former A1C) (HGH AC)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/06/13 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 79/01/11. Enlmt Age: 19 10/12. Disch Age: 22 5/12. Educ: HS DIPL
. AFQOT: N/A. A-41, %#E-56, G-56, M-59. PAFSC: @Wi31E - Aircraft Armament
Systems F-15 Apprentice. PAS: 99/08/05.

b. Prior Sv: (1) AFRes 98/11/30 - 98/12/15 (16 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 98/12/16 for & yra. Svd: 2 Yrs 5 Mos 28 Das, all AMS.

b. Grade Status: AMN - 01/05/29 (Article 15, 01/95/29)
Alc - 01/02/20
AMN - 00/04/20 (Vacation of Article 15, 00/07/10)
Alc - 99/01/30

c. Time Lost: None.

d. Art 15's: (1) 61/05/29, Eqlin AFB FL, Article 92. You, having
knowledge of a lawful written order issued by ------ ’
to wit: not to drive any moter vehicle anywhere on
Eglin Reservatoin or any other military installation
for one {1) year from 13 Jun 2000, an order which it
was your duty to obey, did, on or about 18 May 2001,
fail to obey the same by wrongfully driving your
vehicle on Eglin Air Force Base. Reduction to the
grade of AMN. (No appeal) (No mitigation) -

(2) 00/07/10, Vacation, Eglin AFB, FL, Article 86. You,
did, on or about 17 dun 2000, without authority, fail
to go at the time prescribed to your appointed place of
duty, to wit: Building 1360. Reduction to the grade of
AMN. (No appeal) (No mitigation) .

(3) 00/04/20, Eglin AFB, FL, Article 92. You, who knew of
your duties, on or about 1 Apr 2000, were derelict in
the performance of those duties in that you willfully
failed to remain physically and mentally unimpaired
through the consumption of alcohol while on standby
duty, ag it was your duty to do so. Article 112. You
FD2002-0186

were, af or near Eqlin Air Force Base, Florida, on or
about lL Apr 2000, found drunk on duty while on standby
duty as an Armament Flight Team Member for the 33rd
Maintenance Squadron, Suspended reduction to the grade
of AMN, and 30 days correctional custody.

{No appeal) (No mitigaticn)

e. Additional: LOR, 8 AUG GO - Failure to qo.
RIC, 13 JUN 00 - Failure to meet mandatory appointment.
LOR, 6& APR OO - Driving under the influence,
RIC, 3 NOV 99 - Speeding on base,
RIC, 19 OCT 99 - Failure to meet appointment.

ff. CM: None.

g. Record of SV: 98/12/16 - 00/08/15 Eglin AFB 2 (Initial) REF
o0/oe/16 - 01/02/20 Eglin AFB 4 (CRO)

{Discharged from Eglin AFB)
h. Awards & Decs: AFTR,

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (14) Dag
TAMS: {2) ¥re (5) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/25.
(Change Discharge to Honorable)

Issue 1: When I was in the Air Force I worked hard and did everything in my
power to help make things run smoothly. I know that I made a few mistakes and I
realize that my actions were immature. The reason that I am requesting my
Character of discharge to be changed ia so that I can reenlist in the Air Force
and I can't reenlist unless my discharge is changed to Nonorable. I ask you to
consider my request. I know that wearing the uniform is a privilege and all
that I am asking is to allow me the privilege to wear that uniform again.

ATCH

1. Certificate of Training

2. Letter of Appreciation

3. Academic Achievement Awards

o2/08/08/cr
£D2.002~ 018 b

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR ARMAMENT CENTER (AFM)
EGLIN AIR FORCE BASE, FLORIDA

 

12 JUN zAnt
MEMORANDUM TOR 96 ABW/CC

FROM: AACIJA

SUBJECT: Legal Review, AFI 36-3208 Administrative Discharge, Arn Sieentannialiialaiipign,
SE 33 MXS (ACC)

1. LEGAL SUFFICTENCY: | have reviewed the attached discharge package of Amn ems.

QGP (respondent) and find it legally sufficient to support an administrative discharge action for
misconduct, specifically minor disciplinary infractions, under AFI 36-3208, chapter 5, section H,
paragraph 5.49.

2, INITIATION OF ACTION: On 7 Jun 01, | Lt gO 33 MXS/CCO, notified
the respondent that he was recommending the rcesandicnt be administratively discharged for minor

disciplinary infractions under AFT 36-3208, chapter 5, section H, paragraph 5.49. 1Lt fam.

recommends that the respondent recetve a general discharge without probation and rehabilitation
(P&R). The respondent is not entitled to an administrative discharge board.

3. EVIDENCE CONSIDERED FOR THE GOVERNMENT: The respondent has served in the
Air Foree since 16 Dec 98 and arrived at Eglin AB in Aug 99. Since that time, the respondent has
amassed the following admimstrative actions:

a. Record of Individual Counseling, }9 Oct 99: ‘The respondent missed initial weapons
academics, a mandatory military appointment.

b. Record of Individual Counseling, 3 Nov 99: The respondent received a speeding licket on
base for driving his vehicle 49 mph in a 35 mph zone.

c. Letter of Reprimand, 6 Apr 00: On 1 Apr 00, the respondent operated a motor vehicle with
BAC of .162 and was apprehended for driving while under the influence of alcohol. As a result, the
respondent also received a Preliminary Suspension of Installation Driving Privileges from

96 ABW/CYV, dated 1 May 00.

d. Article 15, 20 Apr 00; On 1 April 2000, the respondent consumed alcohol and was drunk
while on standby duty,

e. Record of Individual Counscling, 13 Jun 00: On 5 Jun 00, the respondent failed to go to a
mandatory appointment at the Security Forces office to sign paperwork dealing with his suspension
of driving on Eglin AFB.

Global Power For America
FD 2002 ~ Of &!)

f. Vacation Action, 10 Jul 00: On 17 Jun 00, the respondent failed to go al the time prescribed
to his appointed place of duty, to wit: Bldg 1360.

g. Letter of Reprimand, 8 Aug 00: On 19 Jun 00, the respondent failed to go at the time
prescribed to his appointed place of duty, to wit: the respondent was to report to the Base Hospital
for an ADAPT meeting.

h. Article 15,29 May 01: On 18 May O1, the respondent, having knowledge of a lawful
written order issued by Colonel Jiliegshaiainive: to wit! not to drive any motor vehicle anywhere on
Eglin Reservation or any other military installation for one (1) year from 13 Jun 00, an order which
it was the his duty to obey, did fail to obey the same by wronglully driving his vehicle on Eghn Air
Force Base.

Copies of the supporting documents are attached to the notification memorandum (Tab 1).

4. EVIDENCE CONSIDERED FOR THE RESPONDENT: After being advised of his rights
to counsel and to submit statements, the respondent consulted counsel and waived his right to
submit a statement for your consideration (Tab 3).

3. DISCUSSION:

a. Separation Cnteria: As stated above, this file is legally sufficient to support a discharec
action pursuant to AFPD 36-22 and AF 36-3208, chapter 5, section H, paragraph 5.49, Pursuant to
this paragraph, an airman may be administratively discharged if he has cngaged in a pattern of
misconduct consisting solely of minor disciplinary infractions. Minor disciplinary infractions
would include failure to comply with nonpunitive regulations or minor offenses under the UCMJ
and usually result in informal or formal counsclings, letlers of reprimand, or Article 15 nonjudicial
punishinents, In this case, Amn digi has engayed in numerous instances of minor offenses under
the UCMJ and has received three Records of Individual Counseling, two Letters of Repnimand, two
Article 13s, and one Vacahion Action. ‘There is ample evidence of misconduct in Amn om file
to warrant this discharge action. ,

b. Characterization of Discharge: Discharge under paragraph 5.49 can be described as under
other than honorable conditions (UOTHC), general, or honorable, An under other than
honorable conditions discharge is appropriate when there has been a pattern of behavior or one or
more acts or omissions that constitute a sigmlicant departure from the conduct expected of
airmen. A general discharge is warranted when an aitman’s service has been honest and faithful,
but significant negative aspects of the airman’s performance of duty outweigh positive aspects of
the airman’s military record. An honorable discharge would be appropriate when the member's
service generally has met Air Force standards of acceptable conduct and performance of duty or
when a member’s service has been so meritorious that any other characterization would be
clearly inappropriate.

¢. Recommended Charactenzation of Discharge: An honorable discharge would be
inappropniate as it would, for all intents and purposes, excuse Amn diag: misconduct.
ED2002~ O18’

However, considering QAM rank, age, and length of service, I do not recommend that he
receive a UOTHC, which is the worst type of administrative discharge authorized, Without a
doubt, MAME misconduct is a significant negative aspect of his duty performance that
outweighs any posilive aspects of his military record. Therefore, | concur with 1.1
recommendation that Mate receive a general discharge.

d. Probation & Rehabilitation (P&R): The respondent is eligible for P&R under AFT 36-3208,
Chapter 7. P&R is limited to deserving cases, including those where the airman has demonstrated a
potential to serve satisfactorily, has the capacity to be rehabilitated for continued military service or
for completion of the current enlistment, or whose retention on active duty in a probationary status
is consistent with the maintenance of good order and discipline in the Air Force. However, I do not
belie veiagipinai@Gie is a good candidate for P&R. Past rehabilitative cfforts exerted on the
respondent have been unsuccessful despite the many attempts by iene supervisors and
commander to correct his behavior. WN) has demonstrated either an inability or
unwillingness to comply with Air Force rules and standards. For these reasons, T concur with

WRB: non-recommendation of PER.

6. OPTIONS: As the Special Court-Martial Convening Authority in this case, you have the
following options:

a. Disapprove the discharge action and retain the respondent;

b. Approve the discharge action and separate the respondent with a gcncral discharge,
with or without P&B;

c. Return the file to the unit with a recommendation to reinitiate the case with a
recommendation for a VOTHC discharge; or

d. Forward to the General Court-Martial Convening Authority the respondent’s case filc, along

with your recommendation that the respondent reccive an honorable discharge, with or without
PER.

7. RECOMMENDATION: For the reasons sct forth above, I recommend the respondent be
discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5,
section H, paragraph 5.49, with a general discharge, without PER.

   

( rapt, USAF
Assistant Chief, Military Justice
01002" 0186

Thave reviewed the attached discharge package and the foregoing recommendation, I concur in
the recommendation.

    

ss 7 Lt Col, USAF
Deputy Staff Judge Advocate

Attachment:

Casc Filc (agg)
EP2002- OIFG

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 33D FIGHTER WING (ACC)
EGLIN AIR FORCE BASE, FLORIDA

 

| dw 1
MEMORANDUM FOR AMN 7aQgOG. | Rag. 33 VoXS (ACC)

FROM: 33 MXS§/CC
SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for Misconduct,
specifically Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI
36-3208, chapter 5, section H, paragraph 5.49. If my recommendation is approved, your service
will be charactenzed as honorable, general, or under other than honorable conditions. [ am
recommending that your service be characterized as general.

2, My reasons for this action are:

a. On 19 Oct 99, you missed initial weapons academics, a mandatory military appointment.
For this incident, you received a Record of Individual Counseling, dated 19 Oct 99.

b. On 3 Nov 99, you received a speeding ticket on base for driving your vehicle 49 mph in a
35 mph zone. For this incident, you received a Record of Individual Counseling, dated 3 Nov 99.

c. On | Apr 00, you operated a motor vehicle with BAC of more than 0.08 percent and were
apprehended for intoxicated driving on base. For this incident, you received a Letter of
Reprimand, dated 6 Apr 00. Asa result, you then received a Preliminary Suspension of
Installation Driving Privileges from 96 ABW/CV, dated | May 00.

d. You also received an Article 15, dated 20 Apr 00, for consuming alcohol and being drunk
while on standby duty.

c. On § Jun 00, you failed to go to a mandatory appointment at the Security Forces office to
sign paperwork dealing with your suspension of driving on Eglin AFB. For this incident, you
received a Record of Individual Counseling, dated 13 Jun 00.

f. On 17 Jun 00, you failed to go at the time prescribed to your appointed place of duty, to
wit: Bldg 1360. For this incident, you received a Vacated Suspension Action, dated 10 Jul 00,
where you received a reduction in yrade from AIC to Amn effective 20 Apr 00.

g. On 19 Jun 00, you failed to go at the time prescribed to your appointed place of duty, to
wit: you were to report to the Base Hospital for an ADAPT meeting. For this incident, you
received a Letier of Reprimand, dated § Aug 00.

h. On 18 May 01, you having knowledge of a awful written order issued by ain
WBMES. to wit: not to drive any motor vehicle anywhere on Eglin Reservation or any other

Global Power For America
Fb 2002-018 E

military installation for onc (1) year from 13 Jun 00, an order which it was your duty to obey, did,
at Eglin Air Force Base, fail to obey the same by wrongfully driving your vehicle on Eglin Air
Force Base. For this incident, you received an Article 15, dated 29 May 01, where you received a
reduction in prade from A!C io Amn effective 29 May O1.

3. Copies of the documents to be forwarded to the separation authority m support of this
recommendation are attached. The commander cxercising SPCM jurisdiction or a higher
authority will decide whether you will be discharged or retained in the Air l’orce 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. Special pay, bonuses, or education assistance funds may be
subject to recoupment.

4. You have the nght to consult counsel. Military legal counsel has been obtained to assist you.
| have made an appointment for you to consult CapsQQiRMRMMebuilding 451, 882-4185, on
04 Jun 01, at 1000 hours. 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 within 3 workdays from today unless you request
and receive an extension for good causc shown. | will send them to the separation authority.

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

7. You will complete a medical cxamination with the 96th Medical Group, physical examination
section, on 04 Jun 01, at 0715 hours.

8. You have been scheduted for an appointment with the 96th Mission Support Squadron,
separations section, on 04 Jun O1, at 1400 hours.

9. Immediately after completion of your 96" Mission Support Squadron separations section
briefing report to the 96" Traffic Management Office with your completed AFDTC Form 4134
or LGTT Office Form B133. H-you have a TMO pickup it must be before 18 Jun 01.

10. You are required to receive a briefing from the Family Support Center, building 2, prior to
your separation. You have been scheduled to receive your Transition Assistance Management
Program (TAMP) briefing on 05 Jun 01, at 0800 hours.

11. Any personal information you furish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use in your unit orderly room.

 
 
   

‘ ILt, USAF
Section Commander, 33 MXS
Attachments:

1. Supporting Documents

la. Record of Individual Counseling, dated 19 Oct 99
Ib. Record of Individual Counseling, dated 3 Nov 99
Ic. Letter of Reprimand, dated 6 Apr 00

ld. Article 15, dated 20 Apr 00

le. Preliminary Suspension of Installation Driving Privileges, dated 1 May 00
tf. Record of Individual Counseling, dated 13 Jun 00
lg. Vacation Action, dated 10 Jui 00

lh, Letter of Reprimand, dated 8 Aug 00

li. Article 15, dated 29 May 01

2. Airman’s Acknowledgment