AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

TYPE

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

 

 

PERSONAL APPEARANCE

X RECORD REVIEW

 

 

 

 

YES NO

 

 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

   

 

MEMBERS SITTING

 

 

 

 

HON GEN UOTHC s DEN

 

 

 

a a

 

 

 

 

 

 

i

 

 

 

 

 

 

 

EXHIBITS SUBMIT TE ‘THE BOARD:
ER APPOINTING THE BOARD

 

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

fed]

 

: T SNDEX NUMBER
A93.09 A67.10
HEARING DATE CASE NUMBER
9 OCT 02 FD2002-0207

 

 

BRIEF OF PERSONNEL FILE

~~

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTEL AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

REMARKS

Case heard at Washington, D.C.

submit an application to the AFBCMR.

  
 

ie DECISIO TONG

 

 

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/wothout counsel, and the right to

 

 

SIGNATURE OF RECORDER

 

5S AF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

  

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used.

 

pec
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0207

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: The applicant believes his discharge was unfair because his problems resulted from personal
problems with his wife. 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
three Letters’ of Reprimand for physically assaulting his spouse, financial irresponsibility, and violation of
the dress standards. He also received a Letter of Counseling for failure to go. 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 legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0207
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/05/22 UP AFI 36-3208,

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

2. BACKGROUND:

a. DOB: 72/09/14. Enlmt Age: 20 2/12. Disch Age: 23 8/12. Educ: HS DIPh.

AFQT: N/A. A-67, E-67, G-50, M-78. PAFSC: 3P031 - Security Apprentice.
DAS: 93/01/03.

b. Prior Sv: (1) AFRes 92/11/30 - 93/03/29 (4 Mos) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 93/03/30 for 4 yrs. Svd: 3 Yrs 1 Mo 23 Das, all AMS.

b. Grade Status: SRA - 96/03/30
: Alc - 94/07/30
AMN - 93/09/30

ec. Time Lost: None.

da. Art 15’s: None.

e. Additional: LOR, 17 APR 96 - Physical assault of spouse.
LOR, 18 DEC 95 - Financial irresponsibility.

LOR, 24 MAY 95 - Violation of dress standards.
Loc, 8 MAY 95 - Failure to go.

=. CM: None.

g. Record of SV: 93/03/30 - 94/12/01 Griffiss AFB 2 (Initial) REF
94/12/02 - 95/12/06 Barksdale AFB 3 (Annual)

(Discharged from Barksdale AFB)

h. Awards & Decs: AFTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (5) Mos (23) Das
TAMS: (3) Yrs (1) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/07.
(Change Discharge to Honorable)
FD2002-0207

Issue 1: I believe it was unjust for the following reasons. I was
married to another active duty member who was far from monogamus to say the
least not to mention having an alcohol problem, I was accused of things that
did not happen. She has a track record in which her first husband met the fate
I did. All the problems I had while in the Air Force were off duty or stemmed
from there. I am six years divorced and more mature and responsible by far than
I was in the past. While on duty i (sic) received several L.O.A.'s for job
knowledge and appearance. I was handpicked for an N.S.I. Nuclear Surety
inspection for my outstanding performance. I respectfully request an upgrade so
that i (sic) may re-enter the worlds (sic) greatest Air Force and do what i(sic)
was meant to do with my career.

Issue 2: I think that the Air Force could greatly benefit for several
reasons if this application is considered. The Air Force would be gaining an
individual that has matured and learned from any past mistakes. Discipline has
been a trait that i (sic) have implimented in my life since my discharge. I
already have the experience and know how to get the job done right. I
respectfully request that this application be considered.

ATCH
None.

02/08/16/er
° fO2002.~ 02-07

‘ t

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

13 May 96

MEMORANDUM FOR 2 BW/CC

FROM: 2 wae

SUBJECT: Review of Recommendation to Jnyoluntarily Discharge
; é i mai aa A UE A a "7 SPs

1. The section commander of the 2d Security Police Squadron (2 cps) eR,

recommends that@] Mbe involuntarily discharged for minor disciplinary infractions
pursuant to AFI 36- 3208, aera 5.49. He recommends an under honorable conditions (general)
discharge without Probation and Rehabilitation (P&R). Because clellipiiiliiy ir ited tenure/rank, he
is not entitled to a discharge board. Therefore, his case is being processed under the notification
procedures. We reviewed the complete file and recommend tha e separated with an under
honorable conditions (general) discharge and that he not be offered P&R.

 
 
 
 

2. Airmen serve in the Regular Air Force for terms specified by Congress (10 U.S.C. 505), but Congress
permits early separations under certain specified conditions. Congress delegated to the Secretary of the
Air Force the authority to specify other such conditions (10 U.S.C. 1169). The Secretary implemented
that delegation in AFI 36-3208, which governs this case.

3. We reviewed the complete record and found no procedural deficiencies. ‘ei as informed of
his section commander's recommendation, his right to consult counsel, and his other procedural rights.

TH ta:

specified minor disciplinary infractions as the basis for discharge siege .2s
consistently disregarded Air Force rules and instruction RAN as: (1) unlawfully struck his
wife, (2) failed to make payments on his Deferred Payment Plan (DPP) account, (3) failed to report for
duty in uniform at the prescribed time, and (4) failed to report for duty at the prescribed time.

5. APA as submitted the following matters for your consideration: iiiiigigyistates that all
the derogatory paperwork he received stemmed from some personal problems that he was going through
at the time. He sought help for his problem and would like the chance the prove that the problem has
been cerrected. He states he performs his duties as a Security Policeman in an outstanding manner and
received numerous Letters of Appreciation from supervisors on his job knowledge, appearance, and

ATTORNEY WORK PRODUCT
This is a privileged document, It will not be released in whole
or part without the approval of the Staff Judge Advocate.

Global Power For America
FO2002Z2-02077

performance qin feels he has contributed immensely to the mission, and community relations
and feels he deserves an honorable discharge as also attached several character references.

re

6. If vou decide to discharg yyou must also decide the appropriate service characterization.

ecommends an under honorable conditions (general) discharge. An under honorable
conditions (general) discharge is appropriate when significant negative aspects of an airman's conduct or
performance of duty outweigh positive aspects of the airman's military record (AFI 36-3208,para 1.18.2).
In this case, an under honorable conditions (general) discharge is warranted vyanneiasiiliiiecco:: and
will accurately characterize his service.

7, Finally, you must also consider whether to suspend discharge for a period of P&R. AFI 36-3208,
Chapter 7, provides that P&R should be possible for airmen (1) who have demonstrated a potential to
serve satisfactorily; (2) who have the capacity to be rehabilitated for continued military service or for
completion of the current enlistment and returned to civilian life without the stigma of discharge for
cause; and (3) whose retention on active duty in a probationary status is consistent with the maintenance
of good order and discipline. ce. sca not rehabilitated by his unit’s prior attempts, and it is
evident that he doesn't have the desire to be rehabilitated. ecommends against P&R, and the
preponderance of the evidence supports his recommendation against offering P&R.

8. As the Separation Authority, you may:

a. Retairigaiaiaanetinen £ you find that discharge is not warranted by the evidence or under the
circumstances;

b. Separate QGRGiame vith an under honorable conditions (general) discharge, with or without
P&R;

c. Recommend to the Commander, 8th Air Force, thaviiliggagtiitia c separated with an honorable
discharge; or

_ d. Direct that welll: given the opportunity to present his case before an administrative
discharge board, if you find that discharge under other than honorable conditions (UOTHC) is warranted.

  

9. RECOMMEND: You separate Sidi from the United States Air Force with an
under honorable conditions (general) discharge without P&R.

I concur.

ATTORNEY WORK PRODUCT
This is a privileged document. It will not be released in whole
or part without the approval of the Staff Judge Advocate.
FIP 2002 - O2O7

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

MEMORANDUM FOR ae 02 MAY 1996

  

FROM: 2 SPS/CCQ

SUBJECT: Notification Letter - Administrative Discharge

1. Iam 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, paragraph 5.49. If
my recommendation is approved, your service will be characterized as under honorable
conditions (general) or honorable. I am recommending that your service be characterized as

under honorable conditions (general).
2. My reasons for this action are:

a. On or about 25 Feb 96, you unlawfully struck your wife, as evidenced by a Letter of
Reprimand (LOR), dated 17 Apr 96 (attach 1).

b. On or about 29 Nov 95, you failed to make payments on your Deferred Payment Plan
(DPP) account, as evidenced by a LOR, dated 18 Dec 95 (attach 2).

c. On or about 24 May 95, you failed to report for duty in uniform at the prescribed time, as
evidenced by a LOR, dated 24 May 95 (attach 3).

d. On or about, 5 May 95, you failed to report for duty at the prescribed time, as evidenced by
a Letter of Counseling (LOC), dated 9 May 95 (attach 4).

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 re-enlistment in the Air Force.

3. Military legal counsel QQ Area Defense Counsel for Barksdale Air Force
Base, extension 6-8355, Building 4714 (gym annex building), third floor, has been obtained to

assist you. An appointment has been scheduled for you on 6 May 96 at 0830 hours. Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201.

Global Power For America
FOO2OO82- 0207

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days unless you request and
receive an extension for good cause shown. I will forward them to the separation authority for
consideration.

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 have been scheduled for a medical examination. You must report to Flight Medicine,
Building 451, at 0730 hours on 7 May 96 for the examination. You should not consume alcohol
within 72 hours of this appointment. —

7. You have been scheduled for a Preseparation Counseling briefing. You must report to the
F amily Support Center, Buildin mts at 1000 hours on aM ay 96 for the briefing. Your

 

8. Any personal information you furnish in rebuttal is coveted by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in your unit Orderly room.

 

Attachments:

LOR, dated 17 Apr 96
. LOR, dated 18 Dec 95
LOR, dated 24 May 95
LOC, dated 9 May 95
Receipt of Notification

VR wWN