TYPE

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL}

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

PERSONAL APPEARANCE

 

me) MAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

 

 

 

MEMBERS SITTING

GRADE | AFSN/SSAN

AB

xX RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

  

COTITER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER

A94,45 AGT.

HEARING DATE CASE NUMBER ~
40CT 02 FI20072-(1196

 

 

 

REMARKN

Case heard at Washington, B.C.

submit an application to the AFBCMR,

 

  

  

HT MARD

 

 

 

 

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE,

 

 

LETIER OF NOTIFICATION
“BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO TIE ROARD

ADDINONAL EXHIBITS SUBMITTAD AT TIMI: OF
PERSONAL APPEARANCE

 

 

 

RING

 

 

TAPE RECORDING OF PERSGNAL APFERANCE HH

 

 

 

 

SAF/MIBR
550 C STREET WRAT, SUTFE 40

RANIXOLPH AFH, TX 78150-4742

 

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCH.
AIR FORCE DISCHARGE REVIEW BOARD

1335 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

ta errr ee ee eed aie ieee

AFHO FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ryo9_91 96
GENERAL: The applicant appeals for a change to his RE Code.

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

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Change to the RE Code is denied.

‘The board finds that neither evidence of record nor that provided by the applicant substantiates an inequily
or impropriety, which would justify a change of discharge.

ISSUE: Applicant does not contest the discharge, he wants his RE Code changed so he can enter the
Marine Corp. The Board reviewed the entire record and found no evidence of impropricty or inequity in
this case on which to change the RE Code. The records indicated the applicant received an Article 15 for
failure to go on two consecutive days and two Letters of Reprimand for malingering and illegal use of
digs. The applicants RE Code was accurately reflected as a code of 2B. 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 and the RE Code
was appropriate. Applicant states that the Marine Corp will not take him because of his RE Code of 2b.
‘The Marine Corp and the Army may waive the Air Force RE Code and enlist the applicant. A check of the
Defense Manpower Data Center (DMDC) in Monterey California indicates that the applicants RE Code is
listed asa 4. This is incorrect and the DRB contacted DMDC to correct the system to reflect a RE Code of
2B. The applicants DD Form 214 is correct.

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
changing the RE Code,

Attachment:
Examiner's Brief
FD2002-0196
DEPARIMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former AB) (HGH AR}

1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/10/31 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Digch,

2. BACKGROUND:

a. DOB: 78/10/16. Hnilmt Age: 17 4/12. Disch Age: 18 0/12. Educ: HS DIPL.
AFOT: N/A. A-29, E-56, G-36, M-48. PAFSC: 43P031 - Security Police Apprentice.
DAS: 96/08/15.

b. Prior Sv: (1) AFRes 96/03/13 - 96/03/20 (8 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 96/03/21 for 4 yrs. Svd: 0 Yrs 7 Mos 11 Das, all AMS.

bh. Grade Status: None.

ca. Time Logt: None.

d. Art 15's: (1) 96/10/16, Grand Forks AFB, ND, Article 86. You, did,
on or about 26 Sep 96, without authority, fail to go at
the time prescribed to your appointed place of duty, to
wit: Building 515. You, did, on or about 27 Sep 96,
without authority, fail to go at the time prescribed to
your appointed place of duty, toa wit: Building 515,
Received 14 days extra duty. (No appeal) (No
Mitigation) .

e. Additional: LOR, 11 OCT 96 - Illegal use of drugs.
LOR, 8 OCT 96 - Malingering.

£. CM: None.
g. Record of SV: None.

(Discharged from Grand Forks AFB)
h. Awarda & Decs: AFTR.

i. Stmt of Sv: TMS: (0} Yrs (7) Mos (19) Das
TAMS: (0) Yra {7) Mos (11) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/15,
FD2002-0196

(Change Discharge to Honorable)

Tissue: 1 recieved (sic) this form Lt Col ----- , USAF in response to an
inquiry with the local Congressman, -+---+--+--- . I will not be requesting
counsel or a hearing to include supporting documents because of the present
attention of these two high ranking officials. My current DD21i4 form has a RE
code of 2B, which is acceptable to the USMC. When the Marine recruiter started
the enlistment process he came up with an RE code of 4 in the computer aystem,
I need this matter to be cleared up 30 I can complete my reenlistment.
Furthermore I would like to say my decision of the Marinea is no reflection on

the Air Foree, it is the most appropriate.

ATCH
None.

02/08/15/cr
| FD2Z002- 196
DEPARTMENT ©F THE AIR FORCE
HEADQUARTERS S157TH AIR REFUELING WING (AMC)

GRAND FORKS AIR FORCE BASE, NORTH DAKOTA

 

a qa 23 OCT 1996

MEMORANDUM FOR AB®

 

FROM: 319 SPS/CC
SUBJECT: Notification Letter

1. lam recommending your discharge from the United States Air Force for minor disciplinary
infractions. ‘The authority for this action is AFI 36-3208, parapraph 5.49. If my recommendation
is approved, your service will be characterized as honorable or general. I recommend a general
discharge, |

2. My reasons for this action arc:

a. On or about 26 Sep 96 and on or about 27 Sep 96, you failed to go at the time
prescribed to your appointed place of duty. For this misconduct, you were punished under
Article 15 on 16 Oct 96. Punishment consisted of 14 days extra duty. (Attachment A}

b. On or about 23 Aug 96, you used marijuana while home on leave which is
documented in your statement. For this misconduct, you received a LOR dated 11 Oct 96, and a
Unfavorable Information I’ile entry was made. (Attachment B)

c, On or about 22 Aug 96, you feigned a mental illness and pretended to be suicidal in
order to find grounds to be discharged from the Air Force, outlined in the 10 Sep 96 evaluation
letter from 319 MDG/SGOMITE. For this misconduct, you received a LOR dated 8 Oct 96 and an
Unfavorable Information File was established. (Attachment C)}

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
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. Jf you are discharged, you will be incligible
for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
You have been scheduled an appointment at the Area Defense Counsel at Building 216

on 23 067 96 at walkK-m hours, Youmay consult civilian counsel at your own
expense,

 

3. You have the right to submii statements in your own behalf. Any statements you want the
separation authority to consider must reach me by Be O: at /4 0 = hours unless you

request and receive an extension for good cause shown. I will send them to the separation
authority.
FD 2082 ~ LYP LH

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 the 319th Medical
Group on 24 0cT 76 at walk-in hours for the examination.

 

8. Deliver to me immediately your military identification card and those of your dependents. 1
have requested that iemporary identification cards be issued IAW AFR 36-3001, paragraph 4.2.

You will report tome by COB AY A __, to verify thai issuance of Temporary
Identification Card(s) has been accomplished.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of
1974 as explained in the attachment to this letter. A copy of AFI 36-3208 is available for your
use in the squadron orderly room.

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

  

Lt Col, USAF

Commander, 319 SPS

4 Attachments:

1. Privacy Act Statement

2. Supporting Documents
a. Article 15 dated 16 Oct 96
b. LOR/UIF dated 11 Oct 96
c. LORAUIF dated 8 Oct 96

3. Airman's Acknowledgment

4. RIP
FL 2002.- OPE
DEPARTMENT OF THE AiR FORCE
HEAPQUARTERS 315TH AIR REFUELING WING{AMO)

GRAMNO FORKS AIR FORCE BASE, NORTH DAKOTA

 

25 Oct 96

MEMORANDUM FOR 319 ARW/CC
FROM: 319 ARW/AJA

SUBJECT: AFI 36-3208 Discharge Legal Review - AB Sa

1. T reviewed and found legally sufficient the attached AFI 36-3208 discharge package, contingent upon
the inclusion of a medical report clearing the respondent for separation. The respondent is cligible for
separation per AFI 36-3208, paragraph 5.49 (minor disciplinary infractions), and should be separated

with a general discharge.

2. 319 SPS/CC initiated this action on 23 Oct 96 because on or about 26 Sep 96 and on or about 27 Sep

96, the respondent failed to go at the time prescribed to his appointed place of duty. For this
misconduct, the respondent was punished under Article 15 of the UCM] on 16 Oct 96, Punishment

consisted of 14 days extra duty.

3. The respondent’s records reflect he has committed other minor disciplinary infractigns. ‘The conduct
serving as the basis for the Article [5 and these infractions comprise the bases for AB discharge.
He has received two previous LORs,

4, Broken down by event, AB BW other disciplinary infractions are as follows:

a. The respondent used marijuana while home on leave as documented by a statement that the

respondent made to a clinical social worker at the Fargo VA Hospital on 23 Aug 96, For this
misconduct, he received an LOR dated 1] Oct 96 and an Unfavorable Information File entry was made.

b. On or about 22 Aug 96 the respondent malingered by feigning a mental illness and pretending
to be suicidal in order to find grounds to be discharged from the Air Force as outlined in a mental health
evaluation from 319 MIXG/SGOMH dated 10 Sep 96. For this misconduct, he received an LOR dated 8

Oct 96.

5. The respondent is subject to discharge per AFI 36-3208, paragraph 5.49 (minor disctplinary

. infractions). A previous discharge package was served on the respondent inilialing an entry level
separation. However, after the initial discharge package was served, 319 SPS/CC discovered more
serious misconduct by the respondent which warranted a formal characterization of his discharge rather
than the no characterization discharge that would have been the result of an entry level separation. In
this case, 319 SPS/CC recommends a general discharge without probation and rehabilitation.

6. The respondent is 18 years old and began his first and only four year enlistment on 21 Mar 96. He has
not yet received an EPR. The respondent waived his rights to counsel and to submit statements on his
own behalf. No substantive or procedural crrors materially prejudice (he respondent’s rights in this case.
o FLUO02-2P6

7. Since this is a notification case, the respondent may reccive only an honorable or general discharge,
unless you choose to refer this case to a discharge board, The respondent's disciplinary infractions are
significant negative aspects of his service record which outweigh any period of satisfactory duty
performance. In the relatively short period the respondent has been in the Air Force, he has shown a
consistent pattern of behavior that falls far short of what is expected of an Air Force member. He has
failed to meet minimum standards of duty performance and has expressed a strong desire to be
discharged from the Air Force. The respondent should be discharged and a general discharge is

appropriate.

8, If you determine that the allegations against the respondent support discharge and that he should be
discharged, you must decide whether or not his or her discharge should be suspended for a period of
probation and rehabilitation (P&R). P&R is appropriate when it appears that the affected airman can
change his or her pattern of behavior. In this case, A has shown in a very short period of time that
he does not take his responsibilities as a member of the Air Force seriously by failing to go, admitting to
marijuana use and even lying to his commander and a mental health specialist concerning suicide in
order to get out of the Air Force. He has shown his strong desire to leave the Air Force and probation
and rehabilitation would be futile in this case. ABQSRPP retention on active duty would not be

consistent with the maintenance of good order and discipline. I do not recommend this respondent
receive P&R.
9. As SPCM separation authority, you may:

a, Retain the respondent;

b. Approve the respondent's separation with a general discharge with or without probalion and
rehabilitation;

¢. Forward the case to 21 AF/CC recommending separation with an honorable discharge with or
without probation and rehabilitation; or

d. Pirect reinitiation of the action if you determine that an under other than honorable conditions
discharge is the only appropriate service characterization in this case.

J recommend you approve the respondent's separation with a general discharge without P&R.

 

[ concur.