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

 

 

  

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER —— EXHIBUS SUB TEED Saget BOARD:
A93.01 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE 1 CASENUMBER ~ 4 | BRIEF OF PERSONNEL FILE
27 AUG 02 _| FD2002-0190 | COUNSEL'S RELEASE TO THE BOARD
Eo ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ™
7 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

     

iR- FORCE DISCHARGE RE MEW ROARD DE i TONAL

 
  

 

 

 

REMARKS
Case heard at Washington, D.C,

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

 

SIGNATURE OF RECORDER ~ NATURE Of BOARD PRESIDENT

eae

cent

 

 

 

 

 

 

 

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, FE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

AFHQ FORM 0-2077, JAN 00 ~ (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD02-0190

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the RE Code.

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 évidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant does not contest the discharge. He states that he was young and immature at the time.
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 two Article 15’s for
being AWOL and failing to report his status and not contacting the unit to request a leave extension, and for
wrongfully opening and stealing Sony compact disc games from the Post Office. In addition, he received a
Letter of Reprimand for threatening language. The DRB recognized the applicant was 20 years of age
when the discharge took place. However, there is no evidence he was immature or did not know right from
wrong. The Board opined the applicant was older then the vast majority of first-term members who
properly adhere to the Air Force’s standards of conduct. 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
FD2002-0190

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 00/07/28 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable

Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 79/09/03.” Enlmt Age: 18 9/12. Disch Age: 20 10/12. Educ:HS DIPL.
AFQT: N/A. A-61, E-44, G-42, M-15. PAFSC: 8M000 - Postal Specialist.
DAS: 99/05/16.

b. Prior Sv: (1) AFRes 98/06/29 - 99/01/13 (6 months 15 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/01/13 for 4 yrs. Svd: 01 Yrs 06 Mo 16 Das, of which
AMS is 1 yr 6 mos 8 days (excludes 8 days lost time).

b. Grade Status: AB - 00/03/09 (Article 15, 00/03/09)
AMN - 99/07/13

c. Time Lost: 00/04/09-00/04/17 (8 days)

d. Art 15/’s: (1) 00/05/10, Incirlik AB, Turkey - Article 86. You, did,
on or about 9 Apr 00, without authority, absent
yourself from your organization, and did remain so
absent until on or about 17 Apr 00. Article 92. You,
having knowledge of a lawful order issued by Lt Col ---
-~--, to wit: Lt Col -------'s written order, an order

i :
which it wag your duty to obey, did, within the
Continental United States, on or about 9 Apr 00, fail
to obey the same by failing to report your status to
MSgt ------ by 1200 hrs on 9 Apr 00 and not contacting
the unit to request a leave extension. Restriction to
the limits of Incirlik Air Base, Turkey for 45 days,

and 45 days extra duty. (No appeal) (No mitigation)

(2) 00/03/09, Incirlik AB, Turkey - Article 134. You, did,
on or about 25 Oct 99, wrongfully open ard steal
certain mail matter, to wit: -------- Compact Disc
games addressed to -~------- , Incirlik Air Base, Turkey,
which said items were then in the Incirlik Air Base
Post Office, an official agency for the transmission of
communications, before said items were delivered to the
addressee. Reduction to AB, and forfeiture of $200.00
pay per month for two months. (No appeal) (No
FD2002-0190
mitigation)
e. Additional: LOR, 03 AUG 99 - Threatening language.
£. CM: none.

gq. Record of SV: none. , re

(Discharged from Incirlik AB)
h. Awards & Decs: AFTR.

i. Stmt of Sv:_ TMS: (02) Yrs (01) Mos (00) Das
.-TAMS: (01) Yrs (06) Mos (16) Das

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

Issue 1: I am requesting an upgrade from a General Discharge Under
Honorable Conditions with a reentry code of 2B to’an Honorable Discharge with a
reentry code of 1. During the time of my enlistment in the Armed Forces, my
immaturity and youth was shown. I was an 18 year old boy trying to grow up too
fast. I wasn't mature enough to understand the importance of a life long
career. I got into the Air Force thinking about fast cars and money and not
about my future or. the importance of the career I chose. Before I found out

where I was stationed, I asked my recruiter was I going to be stationed
overseas. He told me that the Air Force don't send new recruits on their first

assignment. Which later I found that not at all the be true. I was stationed
to Incirlik AB, Turkey. At first, I was content about being there. It-didn't
bother me too much. As months past (sic) I got homesick, as: anyone would there
first time far away from home. And being so far away from home while my mother
was getting weaker and weaker because of diabetes made me even more sick. My
mind and heart were with her and not my job. All of my actions while in the Air
Force were immature and childish, because that's what kind of min-set I had. I
was a 19 year old with the mind-set of a 16 year old. I did things without
thinking about the consequences of my actions. I was young and I made young
mistakes. I would like to plea my case to the board and hopefully one day
rejoin the Air Force and prove that people do change. Thank you for your time
and concern.

ATCH
none.

~— 02/08/05/ia
seal ED I0OZ-0/7O

DEPARTMENT OF THE AIR FORCE
39TH WING (USAFE)

 

MEMORANDUM FOR 39 WG/CC : ee ee
FROM: 39 WG/JA

 

1. The attached file has been reviewed and found legally sufficient to separate Respondent,
provided he is found medically fit for separation.

2. Background:

a. Respondent is 20years old. His TAFMSD is 13 Jan 99 and he began this 4-year
enlistment on 13 Jan 99. He was assigned to his present unit on 16 May 99. Respondents’
overall ratings on his EPRs, from latest to earliest, are none, member has not been the military
long enough to earn a performance report. ©

b. Respondent’s squadron commander properly notified Respondent of his recommendation
to separate Respondent under AFI 36-3208, paragraph 5.49, for Misconduct - Minor
Disciplinary Infractions, with a general discharge.

3. Evidence for the Government:

DATE OF OFFENSE OFFENSE COMMAND ACTION
9 Apr 00 Absent Without Authority Article 15
Disobeying a Written Order
25 Oct 99 Larceny Article 15
2 Aug 99 Threatening Language Letter of Reprimand

4. Evidence for the Respondent: The Respondent waived his rights to submit a statement or
other evidence on his behalf.

5. Discussion: Respondent’s unit took positive steps to rehabilitate him. These efforts have
met with negative results as evidenced by Respondent’s continued misconduct. Respondent
threatened his roommate, stole items from the Official Document Center, and was absent from
his unit in violation of a written order. These infractions all occurred since Respondent arrived
on station in May 1999. Additionally, a mental health evaluation was conducted on
Respondent on 27 September 1999. Respondent was diagnosed with Anxiety and Depressed
Mood, a DSM-IV condition that interferes with military service and warrants discharge under
_ Po2eaz- C17°

AFI 36-3208 paragraph 5.11. Respondent was not discharged at that time because he was
under investigation for larceny at the Official Document Center. Respondent is not being
discharged under paragraph 5.11 at this time [AW paragraph 5.11 which states that discharge
under 5.11 is not appropriate.if the member’s record supports a discharge under another
paragraph of the AFI. Respondent’s record consists of an LOR, and two Article 15s. His
record supports a discharge under paragraph 5.49 for Minor Disciplinary Infractions so
discharge under paragraph 5.11 is not appropriate. I agree with the Responden##-Commander
that further rehabilitative efforts are not warranted due to the number of incidents over a short

period of time. The negative aspects of Respondent’s term of service outweigh the positive,
and therefore a general discharge is warranted.

6. As the separation authority you may:

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

b. Return the file for re-initiation and extend board hearing rights to Respondent, if you
believe separation with an under other than honorable conditions discharge is appropriate;

c. Direct respondent’s separation with a general discharge, with or without probation, or

d. Refer the case to 16 AF/CC, if you believe Respondent should be separated with an
honorable discharge.

7. Recommendation: That you direct Respondent be discharged with a general discharge,
without probation and rehabilitation. If you concur, a memorandum to that effect is attached
for your signature. ;

 

Assistant Staff Judge Advocate

I concur/do-net concur.

  
   

SERIE 1 Co!, USAF
Staff Judge Advocate .

 

Attachment:
1. Action letter
2. Case file
P2R80z-0/FO

DEPARTMENT OF THE AIR FORCE
39TH WING (USAFE)

 

VVOC Vice

  

FROM: 39 CS/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, Section B, Paragraph

5.49. Ifmy recommendation is approved, your service will be characterized as general (under

honorable conditions).

2. My reasons for this action are:

  

a. On 9 April 2000, you were absent from your organization without authority until on or
about 17 April 2000. Furthermore, on,9 / april 2000 you failed to obey Lt CO
failing to report your status to MSet ae OM by 1200 hours on 9 April 2000. For
these actions you received an Article 15. (Atch 1)

 

b. On 25 Oct 99, you stole Sony Playstation Compact Disc games from the Incirlik Air Base
Post Office which were addressed to the Army Air Force Exchange Service. For this infraction
you receive an Article 15. (Atch 2)

c. On2 Aug 99, you left a threatening letter to your roommate in which you used profane

language, and you conveyed a threat to him. For this infraction you received a Letter Of
Reprimand. (Atch 3)

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 a higher
authority will decide whether you will be discharged or retained in the Air Force and, if you are.
discharged, how your service will be characterized. If you are discharged, you will be ineligible.
for: reenlistment in the Air Force.

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 consuljall a o

27 uw 00 at O800 hrs. 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 OR Tue OF unless you request
and receive an extension for good cause shown. I will send them to the separation authority.
__ Pe2602- 0 FO

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

7. You have been scheduled for a medical examination. You must report to 39th Medical
Group, Physical Exams at_ o%30_ hrson 30 Sun  _ 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 at the Area Defense Counsel’s of f€e-

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

  

% ommander, 39 Cs

3 Atchs:

1. Article 15, dtd 10 May 00
2. Article 15, dtd 9 Mar 00
3. LOR, dtd 3 Aug 99