ATR FORCE JHSCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

| "NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAT) GRADE | AFSN/SSAN
AB
TYPE — a ~
PERSONAL APPEARANCE xX RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION ANDRESS AND OR ORGANIZATION OF COUNSEL
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MEMBERS SITTING HOF GEN VOTH DENY
xX
xX
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Tea INDEX NUMBER : {TS SURMITIED TO THE BOARD... npcven
AQ4.53 A67,10 1 ORDER APPOINTING THE BOARD
2 APPLIC ATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
) WIRARENG DATE CASE NUMBER 4 | BRIFF OF PERSONNEL FILE
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4 OCT 02 FD2002-0199 COUNSEIZS RELEASE TO) THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

 

   

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Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the righi to
submit an application to the AFBCMR.

 

   

 
    

 

 

 

 

FROM:
SAT/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
450C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW LDOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? PLOWOR
ANDREWS APL, MD 20762-7102

 

 

AFHO FORM 0-2077, JAN 00 {EF-¥2} Previous cdition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE (| pyq7_g199

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

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 evidence 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 wants an upgrade for employment purposes. The
Board reviewed the entire record and found no evidence of tmpropriety or inequity in this case on which to
base an upgrade of discharge. ‘The records indicate the applicant received an Article 15 for failure to go on
two consccutive days, two Letters of Reprimand for failure to go and disobeying lawful orders, and a
Memorandum For Record for missing appointments, The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior, 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 rcgulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative duc 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
FD2002-0199
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 93/02/13 UP - AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2, BACKGROUND:

a. DOB: 70/02/20. Enlmt Age: 20 3/12. Disch Age: 21 11/12. Educ:HS DIPL.
AFOT: N/A. A+-28, E-61, G-62, M-69. PAPSC: 81130 - Apprentice Security
Specialist. DAS: 91/08/05,

b. Prior Sv: (1) AFRea 90/06/14 - 31/04/01 (9 months 18 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 91/04/02 for 4 yrs. Svd: 00 Yrs 10 Mo 12 Das, all AMS.

b. Grade Status: AB - 92/01/22 (Article 15, 92/01/22)
AMN - 91/19/02

c. Time Lost: none.

d. Art 15’s:. (1) 92/01/22, Malmstrom AFB, MT - You, did, on or about 7
Jan 92, without authority, fail to goa at the time
preseribed to your appointed place of duty. Further,
you did, on or about 8 Jan 92, without authority, fail
to go at the time prescribed to your appointed place of
duty. Reduction to AB, and forfeiture of §100.00 pay.
(No appeal) (No mitigation)

e. Additional: LOR, 30 DEC 91.- Disobeying lawful orders,
LOR, 20 OCT $1 - Pailure to go.
MFR, 17 JAN 92 - Missed Appointments.

£. CM: none.
g. Record of SV: none.

(Discharged from Malmstrom AFB)

h. Awards & Decs: AFTER.

1. Stmt of Sv: TMS: (01) Yra (08) Mos (00) Das
TAMS: {00) Yrs (10) Mos (12) Das
FD2002-0199

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/07.
(Change Discharge to Honorable)

Issue 1: I ask this upgrade for employment purposes.

ATCH
1. DD Forms 214 (Member 164).

02/08/16/ia
DEPARTMENT OF THE AIR FORUs
HEADQUARTERS 3015T AIA eoruEient WING (S4c1
MALMSTROM AIR FORCE BASE, MONTANA 59402-5000

   

SuMIECT: ,
egal Review, Administrative Discharge Action (AB eee.

Ta:

 

cc

lL. ACTION: inistrative discharge action was initiated on 30 dan
92 against AB (the Respondent) under the provisions of AFR
39-10, Chapter 5, Section H, paragraph 5-46, for Minor Disciplinary
Infractions. Under paragraph 6-2b 39-10, the Respondent is not
entitled to a board hearing. Maj 341 MS8/CC, has
recommended a General discharge without probation and
rehabilitation.

2. PERSONAL DATA:

a. Date and Term of Current Enlistment: 2 Apr 91, 4 Years

b. Age: 21

al

c. Pay Date: 2 Apr 91
d. TAFMSD: 2 Apr 91
e. Overall Ratings on Performance Reports: None

(See 27 Jan 92 informal evaluation at Atch 6 to Tab 3)

3. EVIDENCE FOR-THE GOVERNMENT: The following provides the basis
for discharge, and may be considered on the issues of retention and

service characterization.

a. On or about 7 Jan 92, the Respondent failed to go at the
time prescribed to his appointed place of duty. Further, on or
about 8 Jan 92, the Respondent failed to go at the time prescribed
to his appointed place of duty. For this misconduct, the Respondent
received an Article 15 on 23 Jan $2, which resulted in a reduction .§~

in grade from Amn to AB and forfeiture of $100.00 pay.

b. On 5 Dec 91, the Respondent was instructed by his Flight
Sergeant/SPOD that, while he was suspended under the Personal »

Reliability Program (PRP), he would be assigned to the operations
section for duty purposes. . The Respondent was further instructed

that his duty hours would be from 0730 to 1630, and that he would
_ spend that time in the Unit Learning Center (ULC)... When the ~~ -- 9. 7:
Respondent did not comply with those instructions, he was issued a- ot
lawful order that he would report to the ULC Monday thru Friday from <_:
6730 to 1630 hours. . The Respondent was also instructed to ensure

Peace .:.. is our Profession
PD 2202-0/97

that he signed in each time he went to the ULC. As of 30 Dee 91,
neither of those orders had been complied with. For this
misconduct, the Respondent received a Letter of Reprimand (LOR) on
30 Dee 91.

c. On 15 Oct 91, the Respondent notified his Flight
Sergeant/SPOD along with two other noncommissioned officers (NCO's),
that he had an appointment on 17 Oct 91 at 0800 hours. On 16 Oct
91, the Respondent notified one of the NCO'’s of another appointment
on 17 Oct 91 at 1530 hours. On both occasions the Respondent was
instructed to be at building 500 on 17 Oct 91 at 0730 hours for
guardmount and if manning permitted, he would be released for the
appointments. On 17 Oct 91, the Respondent failed to report. He
failed to contact his Flight Sergeant/SPOD or anyone in his chain of
command as to why he was not present until 1640 hours. For this
misconduct, the Respondent received an LOR on 20 Oct 91.

4. EVIDENCE FOR THE RESPONDENT: The Respondent did consult with
military counsel. Further, he waived his right to submit statements

in his own behalf for your consideration (Atch 4 to Tab 3).

3. OPTIONS:

a. Disapprove the discharge action and direct the Respondent be
retained in the United States Air Force.

b. Recommend the Respondent be discharged with an Honorable
discharge with, or without, probation and rehabilitation. If you
determine this to be the proper disposition of this case, you should
make that recommendation and forward the file to 15 AF/cC for

approval.

c. Approve the discharge and direct the Respondent he
discharged for Minor Disciplinary Infractions under the provisions
of AFR 39-10, Chapter 5, Section H, paragraph 5-46, with a General
discharge with, or without, probation and rehabilitation.

d. Recommend the Respondent be discharged with an Under Other
Than Honorable Conditions discharge with, or without, probation and
rehabilitation. If you determine that this is the appropriate
disposition of this case, you should return the file for discharge
board processing.

6.) DISCUSSION: The file is legally sufficient to support Maj
‘Tecommendation, AB 94 has engaged in repeated acts of

sconduct. By engaging in these acts of misconduct, he has failed
to maintain Air Force standards. AB did not ‘submit
statements for your consideration. 1a) lip does not recommend
probation and rehabilitation. The vadron has attempted
unsuccessfully to rehabilitate 22 aie: In view of the
Respondent's poor attitude, it is clear that further probation and

rehabilitation is inappropriate in this case. It appears that a
General discharge without probation and rehabilitation is in the

-best interests of the Air Force. A General service characterization

if
F P20O2- Of FF

t

is appropriate as there have been significant. negative aspects of AB

performance that outweigh the positive aspects. There are

no er s or deficiencies which would affect the legal sufficiency
of the recommended action.

7. RECOMMENDATION: That you approve the discharge as recommended
by Ma4¥ cera under the provisions of AFR 39-10, Chapter 5, Section
H, paragraph 5-46, for Minor Disciplinary Infractions with @ General
discharge Wiebeut probation and rehabilitation.

ae

    
     

e col, USAF “1 Atch

Case File (AB qi

eA vyocate

 

Staff Judg

 

7
Pozea2- O77

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 34157 MISSILE WING (SAG)
MALMSTROM AIF FORCE BASE, MONTANA 36402-5000

 

FEPLY TO

amen’ 341 MSS/CC 30 Jan 92

SUBJECT: Notification Letter

2, ree, 341 uss

1. I am recommending your discharge from the United States Air
Force fox Minor Disciplinary Infractions. The authority for this
action is AFR 39-10, paragraph 5-46. If my recommendation is

approved, your service will be characterized as General. I am
recommending that your service be characterized as General.

2. My reasons for this action are:

a. On or about 7 Jan 92, you did, at Malmstrom Air Force Base,
Montana, without authority, fail to go at the time prescribed to

your appointed place of duty, to wit: Building 500. Further, on or
about 8 Jan 92, you did, at Malmstrom Air Force Base, Montana,

without authority, fail to go at the time prescribed to your
appointed place of duty, to wit: Building 500. For this

misconduct, you received an Article 15 on 23 Jan 92, which resulted
in a reduction in grade from Amn to AB and forfeiture of $100.00

pay.

b. On 5 Dec 91, you were instructed by your Flight
Sergeant /SPOD, that while you were suspended under the Personal
Reliability Program (PRP) that you would be assigned to the
Operation section for duty purpose. You were further instructed
that your duty hours would be from 0730 to 1630, and that you would
spend that time in the Unit Learning Center (ULC). You however did
not comply with those instructions, you were issued a lawful order
that you would report to the ULC Monday thru Friday from 0730 to
1630 hours. You were also instructed to insure that you signed in
each time you went to the ULC. As of 30 Dec 91, neither of thoge
orders had been complied with. For this misconduct, you received a
Letter of Reprimand (LOR) on 30 Dec 91.

c. On 15 Oct 91, you notified your Flight Sergeant/SPOD along
with two other noncommissioned officers (NCO’s), that you had an
appointment on 17 Oct 91, at 0800 hours. On 16 Oct 91, you notified
one of the NCO’s of another appointment on 17 Oct 91, at 1530 hours.
On both occasions you were instructed to be at building 500 on 17
Oct 91, at 0730 hours for quardmount and if manning permitted, you

would be released for the appointments. On 17 Oct 91, you failed to
report. You failed to contact your Flight Sergeant/SPOD or anyone

in your chain of command as to why you were not present until 1640
hours. For this misconduct, you received an LOR on 20 Oct 91.

Peace ,..,.,. if out Proflessioa
_ Pypc02- 0/97

3. You have the right to counsel. Military legal counsel has been
obtained to assist you. I have made an appointment for you to

consult the Area Defense Counsel at Bldg 2050 on 7g 92 at
OF3O hours. You may consult civilian 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 4 Feb 92 unless you request and receive an extension for good
cause shown. I will send them to the separation authority.

5. 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.

6. You must receive a medical examination. You are scheduled for
an examination at the 301 Aerospace Medical Squadron at 06730 ;

on 3 Feb) .

7. Any personal information you furnish in rebuttal is covered by
the Privacy Act Statement as explained in AFR 39-10, attachment 6.
A copy of AFR 39-10 is available for your use at the 341 MSS Orderly
Room.

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

3 Atchs

1. Supporting documents for
the reasons for discharge:
a. Article 15, 23 Jan $2
b. LOR, 30 Dec 91
c. LOR, 20 Oct 91

2. Documents with derogatory
information which are not
listed in the notification
Ltr:

3.