: AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLEINITIAL) [GRADE | AFSN/SSAN ° ”
blirh ~~ ~ ~~]
PERSONAL APPEARANCE X RECORD REVIEW _
: COUNSEE FAME OF COUNSEL AND OR ORGANIZATION oe ADDRESS AND OR ORGANIZATION OF COUNSEL
YES Nt}
ee MEMBERS SITTING HON : “TUG THLe
1 X
x
i
4
ISSUES mee INBEX NUMBER ~ THE SUEMITTED SRE REARD..
493,09 AG7,10 1 | ORDER APPOINTING THE BOARR
-
2 | APPLICATION FOR REVIEW OF DISCHARGE ”
3 | LETTER OF NOTIFICATION
[ HEARING DATE” CANE NUMBER” 4 | BRIEF GF PERSONNEL FILE OO
9OCcT02 FD2002-0194 [~" | COUNSEL'S RELEASE TO THE BOARD ”
ADDITIONAL ENIBITS SUBMITTED AT TIME OF ~
PERSONAL APPLAR ANCE
TAP RECORDING OF PERSONAL APPERANCT HARING
RATIONAL a] ARGHE RE AB BEC

    

 

REMAR
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/wothout counsel, and ihe right to
submit an application to the AFBCMR.

 

 

 

SAT/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL.
550 C STREET WEST, SUITE 40 AIR FORCE INSCLIARGE REVIEW JOARD
RANIMOLPH APU. TN 78150-4742 1535 COMMAND DR, EF WING, 3° FLOOR

 

ANDREWS AFB, MD 20762-7002

AFIQ FORM 0-2077, JAN 00 _ (EF-V3)

 

Previous edition will be used.
Cask NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECTSIONAT, RATIONALE FD02-0194

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the Reason and
Authority for discharge, and to change the RE Cade.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this night.

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 tinds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: The applicant does not contest the discharge; he wants his discharge upgraded so he can reenter
the Air Force. He states that he now has a wile and a baby and ihe military would be the best thing for him
because he is having a hard time paying the bills and there is not much work in the area that he resides in.
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 five Letters’ of
Reprimand for failure to go, disobeying a lawful order, and being belligerent and verbally abusive to a
customer service representative at a local bank. He also received three AETC Form 341’s and three AETC
173’sfor failure to go, dereliction of duty, failure to shave, insubordination, failing uniform inspection and
failure to follow instructions and being disruptive to the class. The Board found no evidence of impropriety
or inequity in this case on which to base an upgrade of discharge. The Board concluded the misconduct of
the applicant appropriately characterized his term of service,

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 Jegal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not de changed.

Altachment:
Examiner's Brief
FD2002-0194
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AB}

1. MATTER UNDER REVIEW: Apol ree’d a GEN Disch fr USAF 99/11/02 UP AFI 36-3208,

para 5.49 (Misconduct - Miner Disciplinary Infractions}. Appeals for Honorable
Discharge, to Change the Reason and Authority for Discharge and the RE Code.

2. BACKGROUND:

a. DOB: 79/11/30. Enlmt Age: 19 2/12. Disch Age: 19 11/12. Bduc:HS DIPh.
AFOOT: N/A. A-40, E-34, G-26, M-44. PAFSC: 3E211 - Pavements and Construction
Equipment Helper. DAS: 99/08/17.

bh. Prior Sv: (1) AFRes 99/02/25 - 99/03/23 (29 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted ag AB 99/03/24 for 4 yra. Svd: 00 ¥rs 07 Mo 09 Das, all AMS.
b. Grade Status: none.

ce. Time Lost: none.
d. Art 15's: none.

6. Additional: LOR, 27 SEP $9 - Failure to go.

LOR, 20 SEP 99 - Failure to go.

LOR, 17 SEP 99 - Failure to qa.

AETC 341, 27 AUG 99 - Failure to go.

AETC 341, 19 AUG 99 - Disobeying a lawful order.

AETC 173, 03 AUG 99 - Dereliction of duty.

AETC 341, 09 JUL 99 - Failure to shave.

LOR, 07 JUL 99 - Bellegerent and verbally abusive to a
customer service representative at a local
bank.

AETC 173, 30 JUN 99 - Insubordination.

AETC 341, 29 JUN 99 - Failing uniform inspection.
AETC,173, 04 JUN 99 - Failure to follow instructions and
dieruptive to the class.
f. CM: none.
q. Record of SV: none.

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTER.
FD2002-0194

i. Stmt of Sv: TMS: (00) Yrs (08) Mos (08) Das
TAMS: (00) Y¥ra (07) Mos (09) Das

4, BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/03/22.
(Change Discharge to Honorable, to Change the Reason and Authority for

Discharge and the RE Code.)

Issue 1: I am submitted (sic) this form to change my discharge and rentry
code. I would like to go back in the Air Force to really serve my country. I
have a wife and a baby boy now and the military would be the best thing for us.
We are having a hard time to pay the bills, there or {si¢) not much work in the
area that I live in. All there is construction work (sic) here and I am tired
ef working 6 months then get laid of f for 3 months, then work for 4 months then
get laid off again. The only full time work in this area is chemical plants and
you need a college eduction (asic) to work in them, it is hard, to work all day
and try to go to echool at night. Working construction it is (sic) hard to
provide for my family, we are renting a trailer house and it is hard to pay the
rent. I would like to know that we will have a place to live when I am not
working. To aum it all up I would like to have my rentry (sic) code change
(gic) that way I can go back in the military so I can provide for my family and
geryve this great country.

ATCH
none .

02/08/l4/ia
DEPARTMENT OF THE AIR FORCE . F D 20 OL-O [ 74

AIR EDUCATION AND TRAINING COMMAND

22 Oct 99

 

MEMORANDUM FOR 782 raccifie

FROM: 82 TRW/JAC

 

SUBJECT: Legal Review, Recommendation for Discharge a
366 TRS, Det 7

|. We have reviewed this discharge case file and find it to be legally sufficient to support
discharge in accordance with the provisions of AFI 36-3208. Based upon our review, we
conclude that the incidents documented within this file sufficiently suppor_@i iM
discharge from the Air Force. We concur with the 366 TRS, Det 7/CC that Aa thould be
discharged for his misconduct and that his service should be characterized as an under honorable
conditions (general) discharge in accordance with AFI 36-3208, paragraph 5.49 (minor
disciplinary infractions).

  

2. On 14 Oct 99, the 366 TRS, Det 7/CC notified iliiiiiatiasthat he was recommending
Mite) discharged from the'service due to his misconduct. The basis for this action is the

‘detachment commander's administrative determination that the respondent has committed a
series of minor disciplinary infractions. Specifically, while stationed at Fort Leonard Wood MO,
the respondent failed to go at the time prescribed to his appointed place of duty, to wit: details,
and on three occasions, to Physical Conditioning. In addition, @aas derclict in the
performance of his duties when he slept in class. Further, be disobeyed : a : lawful order; he failed
to shave; he failed a uniform inspection; he was insubordinate when he demonstrated disregard

for directions 4nd displayed an ‘a ‘ of indifference; and he failed to follow instructions and

  
 

 

    

was disruptive in class. Finally jy brought discredit upon himself and the United States

Air Force when he became belligerent and verbally abusive to an employee of a local bank. The
respondent received five Letters of Reprimand, three AETC Forms 173, and three AETC Forms
= 341 as the result of his misconduct. The basis for discharge is supported by a preponderance of
evidence in the case file.

3. The respondent is 19 years old. Ele began his present cnlistment on 24 Mar 99, and was
assigned to his unit on 17 May 99, His ASVAB scores are below average. The respondent is
entitled to wear the Air Force Training Ribbon. He has consulted counsel and has waived his
right to submit statements for your consideration.

4. In accordance with AFI 36-3208, your options are to:

 

b. Direct his discharge with an under honorable conditions (general) discharge; or
j Ppn2002-0/9F

  

c. Recommend thatiigiiiiaiiee discharged with an honorable discharge. If you determine
an honorable discharge is appropriate, this file must be forwarded to 2 AF/CC since only a
General Court-Martial Convening Authority may approve an honorable discharge
characterization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4).

 

5. {fF you have any questions, please contact Capt ae - i

 

Attachment:
Case File
oe barre ee

Ppz002-O/7 F

FHA Mu. «| GOL Loe Reble e

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND
DETACHMENT 7, 366TH TRAINING SQUADRON
FT LEQNARD WOOD, MO 65473-8000

 

14 OCT 1999
66 TRS, DET 7

 

MEMORANDUM FO Rigen

FROM: 366 TRS, DET 7/CC
141 COOLEY AVE, SUITE A
FORT LEONARD WOOD MO 65473

SUBJECT: Notification Memorandum

1, Lam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPL 36-32 and AFL 36-3208, parapraph 5.49. Hf
my recommendation is approved, your service will be characterized as honorable or under
honorable conditions (general), [am recommending thal your service be characterized as under
honorable conditions (general).

2, My reasons for this action are:

f

a. You did, at or near Fort Leonard Wood MO, on or about 25 Sep 99, without authority, fail ‘
to zo at the time prescribed lo your appointed place of duly, to wit: Details at 0900, For which
you received a Letter of Reprimand (LOR) on 27 Sep 99,

b. You did, at or near Fort Leonard Wood MO, on or about 20 Sep 99, without authority, fail /
lo go al the prescribed time to your appointed place of duty, lo wilt Physical Conditioning, For
this misconduct you received an LOR on 20 Sep 99.

ce. You did at or near Fort Leonard Wood MO, on or about 17 Sep 99, without authority, Fail /
t go at the timia prescribed to your appointed place of duty, to wit: Physical Coniitioning, For
this misconduct you received an LOR on 17 Sep 99,

d. You were, at or near Fort Leonard Wood MO, on or about 27 Aug 99, wiihout authority, S
fail lo go at the prescribed time to your appointed place of duty, lo wit: Physical Conditioning.
Vor this misconduct, you received an AR-TC Form 341, Discrepancy Report, on 27 Aug 99.

d Wood MO, on or about 19 Aug 99, willfully disobey a

6. You were, at or near Fort T.eongy
- fee as instructed, l'or this misconduct you received an

lawful order, by not waiting for iii
LOR on 19 Aug 99,

   

f. You who knew or should have known of your duties at Port Leonard Wood MOQ, on or
thout 3 Aug 99, were derelict in the performance of those duties by sleeping in class, as iL was
your duly not to do. For this misconduct you received an AETC Form 173, Student Record of
Academic/Non-Academic Counseling and Comments, on 3 Aug 99.
Fax No. : 581-1604 Oct. 28 1999 12:48PM PS

Y PD Ze02-O/ PF

So

y. You did, al or near Fort Leonard Wood MQ, on er about 9 Jul 99%. fail to shave. For this
misconduct you received an ARTC Form 341, Diserepancy Report, an 9 Jul 99,

h. You were, at or near Fort Leonard Wood MQ, on or about 6 Jul 99, bring discredit upon
yourself and the United States Air Force by becoming belligerent and verbally abusive to a
customer service representative uta lacal bank. For this inlraction, you received an LOR on
7 Jul 99,

i. You did, at or near Fort Leonard Wood MO, on or about 30 Jun 99, insubordinate.
Specifically, you have demonstrated disregard for directions anc an attitude of indifference. For
which you received an ABYC Form 173 on 30 Jun 99.

J. You did, at or near Fort Leonard Wood MO, on or about 29 Ju 99, Fail a untform
inspection. lor this misconduct you received an ATTIC Form 34], Discrepancy Report, on
29 Jun 99.

k. You did, at or near Fort Leonard Wood MO, on or about 4 Jun 99, fail te follow
instruction and were discuptive to the class, For this misconduct you received an ATC Form
173 on 4 Jun 99,

|, 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 tn the Air Force and, if your are
clischarped, how your service will be characterized, If you are discharged. you will be ineligible
(or reenlistment in the Air Foree, and will probably be denied enlistment in any component of the
Armed Forces.

3, You have the right to consult counsel. Military legal ey H scl has been obtained to assist you,
T have made an appointment for you to consulegi iri Ounsel, via
telephone, 1-940-676-2186 at 1400 hours on 15 Oct 99. You may consult civiltan counsel at

your own expense.

    

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 19 Oct 99 unless you request and receive an
extension for good cause shown. | will send them to the separation authority,

§. Ifyou fail to consult counsel! oy submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

6. You have been seheduled for a medical examination. You must report to the Consolidated
Troop Medical Clinic at 0800 on 15 Oct 99 for the exarnination.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use in the orderly room.
FAX NUL 2 SHI-1lbw4 Wet, 24 1999 12:40PM Pe

“4 Pp 2c02- 0/74

 

Attachments:
1, LOR, 27 Sep 99

2. LOR, 20 Sep 99

3. LOR, 17 Sep 99

4. ALTC Farm 341, 27 Aug 99

5. LOR, 19 Aug 99

6. Response ta LOR, 23 Auy 99

7. Statemeng Me, 30 Aug 99
8, i ie? 6 Aug 99
9, AETC lorem 173, 3 Aug 99

10. AFTC Form 34], 9 Jal 99

11, LOR, 7 Jul 99

12. Response ta 10k aa. undated
13. AETC Form 173, 30 Jun 94

14. ABTC Form 341, 29 Jun 99
15. AETC Form 173, 4 Jun 99
16. AETC Form 125A,

17. AETC Form 156, 990628
18, AETC Form 581, 1! Aug 99
19, AETC Form 581, 27 Jul 99
20. ARTC Form 581, 30 Jun 99
21. AETC Form 581, } Jun 99
22. ARTC Form 173, | and 2 Jun 99
23. AETC Form 341, 19 Jul 99
24, AETC Form 341, 28 Jul 99

25, USA MEDDAC Form 856, 1! Aup 99
26. USA MEDDAC Form 856, 20 Aug 99
27, Airman's Receipt of Notification Memorandu