' AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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“NAME OF SERVICE MEMBER (LAST, FIRST MIDDLEINITIAL)

PERSONAL APPEARANCE

GRADE AFSM/SSAN

 

AIC

X RECORD REVIEW

 

NAME OF COUNSEE AND OR ORGANIZATION

  

 

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMEBERS SITTING
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Psst INDEX NUMBER oo pe ERA eR MEL ERE EO THE BOARD,
A95,00 A®7.10 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCILARGE
3 LESTER OF NOTIFICATION ”
“HEARING DATE CASE NUMBER 7 4 | BRIEF OF PERSONNEL FILE. ~
13 Oct 02 FD2002-0230 ™ COUNSELS RELEASE TO THE BOARD
ADDITIONAL EXMINSITS SUMMITTED AT TIME OF
PERSOMAT. APPRARANCE
TAPE RRCORDING OF PERSONAL APPLRANGE HEARING

 

 

 

 

 

 

REMARKS

Case heard at Washington, D.C.

 

submit an application to the AFRBCME.

 

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

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SAF/MIBR
550 C STREET WEST, SLITE 40
RANDOLPII AFD, TX 78150-4742

 

 

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

1545 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, ME} 20762-7002

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2) Previous edition will be uscd.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pyq9_qo30

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

The applicant was offered a personal appearance before the Discharge Review Board (IRB) 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 the applicant submitted no issues contesting the equity or propnety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. 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 applicant received
four Letters of Reprimand for failure to go; failure to report personnel involved with drugs; driving without
proper vehicle registration and insurance; and drinking while underage, Also, he received five Records of
Individual Counseling for failure to attend a mandatory briefing; sleeping while on duty; failure to meet
training study standards; failure to perform assigned duties; and being late for work. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative/Tepetitive
behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct
expected of all military members. The Board found no evidence of impropriety or inequity in this case on
which to base an upgrade of discharge.

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 authonty and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further coricludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
| Examiner's Bricf
=r

FD2002-0230
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AlC) (HGH Alc)

L. MATTER UNDER REVIEW: Appl rea'd a GEN Disch fr USAF 99/06/07 UP AFIT 36-3208,
para 5.49 (Misconduct - Minor Diaciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a, DOB: 78/05/04. Enlmt Age: 19 1/12. Disch Age: 21 1/12. Educ: HS DIPL,
AFOT: N/A. A-76, &-66, 6-53, M-68. PAFSC; 1€131 - Air Traffic Control
Apprentice, DAS: 98/01/31.

b. Prior Sv: (1) AFRes 97/06/17 - 97/07/01 (15 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 97/07/02 for 4 yra. Svd: 1 Ye 11 Mo 6 Das, all AMS.

Bb. Grade Statua: ALC - 98/11/02
AMN - 98/01/02

eo. Time Lost: None.
d. Art 15's: None.

e. Additional: LOR, 19 APR 99 - Failure to qo,
LOR, 12 APR 99 - Failure to report personnel involved with
drugs.
LOR, 12 APR 99 - Driving without proper vehicle
registration and insurance.
LOR, 10 APR 939 - Drinking while underage.

RIC, 8 APR 99 - Failure to attend a mandatory briefing.
RIC, 31 MAR 99 - Sleeping while on duty.

Ric, 9 OCT $8 + Failure to meet training atudy standards.
RIC, 8 OCT 98 - Failure to perform assigned duties.

RIC, 4 SEP 98 - Late for work.

f. CM: None,

q. Record of SV: 97/07/02 - 99/03/01 Davig-Monthan AFB 4 (Initial)
(Discharged from Davis-Monthan AFB)

h. Awards & Decs: AFTR

i. Stmt of Sv: TMS: (1) Yr (11) Mos (21) Das
TAMS: (1) Yr (11) Mos (6) Das
FD2002-0230

4, BASTS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd o2/05/15.,
(Change Diacharge to Honorable)

NO ISSUES SUBMITTED.

ATCH ©
None,

02/09/04/er
fC B002- 0220
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 355TH WING {ACC}
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

MEMORANDUM FOR 355 WG/CC

FROM: 355 WG/JIA

 

SUBJECT: Legal Review of Proposed Discharge of Al
355 OSS

1. LEGAL SUFFICIENCY: | have reviewed the administrative discharge casc file regarding
A] COGAMRERRIEG the Respondent. The proposed discharge is supported by the evidence.
There are no errors that prejudice the rights of the Respondent. Therefore, the file is legally
sufficient, subject to a medical determination that the Respondent is qualified for worldwide duty
and separation.

2, BASIS FOR DISCHARGE AND REHABILITATIVE MEASURES: Lt Col SF
am. 355 OSS/CC, recommends the Respondent be discharged from the Air Force under AFI
36-3208, paragraph 5.49, minor disciplinary infractions, without probation and rehabilitation. He
recommends the Respondent’s service be characterized as under honorable conditions (general).
The basis for the proposed discharge is the Respondent’s continued pattern of misconduct. On or
about 4 Sep 98, he failed to report to work at the time prescribed, for which he received a Record
of Individual Counseling (RIC). On or about 8 Oct 98, he was in charge of a clean up crew and
he did not perform his assigned duties, for which he received an RIC. On or about 9 Oct 98, he
did not meet the standards for book study, for which he received an RIC. On or about 31 Mar 99,
he was found sleeping during duty hours, for which he received an RIC. On or about 8 Apr 99,
he failed to report to a mandatory briefing, for which he received an RIC. On or about 8 Apr 99,
he reported to work late, for which he received an RIC. On or about 10 Apr 99, he admitted to
drinking while underage, for which he received a Letter of Reprimand (LOR). On or about

12 Apr 99, it was discovered that he had been driving on Davis-Monthan AFB without proper
vehicle registration and insurance for an undetermined amount of time, for which he received an
LOR. On or about 12 Apr 99, it was discovered that he voluntarily remained in the company of
persons who were engaged in criminal activity (i.e., transporting marijuana) and he did not report
them to the authorities, for which he received an LOR and an Unfavorable Information File was
established. On or about 19 Apr 99, he failed to go to a scheduled appointment, for which he
received an LOR.

3. SERVICE HISTORY: The Respondent has been on active duty for approximately 10
months. He has one enlisted performance report with an overall rating of 4. The Respondent’s
awards and decorations include the Air Force Training Ribbon.

Global Power for America
FD 2002-0220

4. RESPONDENT’S CASE: The Respondent consulted counsel and submitted a statement in
his behalf. After briefly describing his personal history, the Respondent requests an honorable
discharge, He feels anything less than an honorable would hurt not only himself, but also his
family.

5, CHARACTERIZATION OF SERVICE: If you determine there are sufficient grounds to
discharge the Respondent, you must decide whether he should be retained or discharged. The
record of misconduct in this case warrants his discharge. The Respondent has engaged in
repetitive acts of misconduct. He has been provided every opportunity to modify his behavior.
Despite these efforts, the Respondent has continued to engage in misconduct. If you choose to
separate the Respondent, you must also decide the appropriate service characterization. A
general characterization is appropriate in this case because the negative aspects of the
Respondent’s conduct outweigh the positive aspects of his military record. An under other than
honorable conditions (UOTHC) service characterization is not warranted in this case. Probation
and rehabilitation is not appropriate. Based on the Respondent’s continued pattern of
misconduct, it is apparent he has failed to take advantage of the numerous rehabilitative
opportunities afforded him. Given this and his demonstrated disregard for Air Force standards of
conduct, further rehabilitative efforts would be futile.

6 OPTIONS: As the Separation Authority you may:

a. Discharge the Respondent with a service characterization of general, with or without
probation and rehabilitation; f

b. Retain the Respondent;

¢. Forward the discharge package to 12 AF/CC recommending discharge with a service
characterization of honorable, with or without probation and rehabilitation; or

d. Terminate the notification discharge process and direct that this case be processed under
board hearing procedures making the Respondent subject to a UOTHC service characterization.

7, RECOMMENDATION: I recommend you discharge the Respondent with a gencral service
characterization, without probation and rehabilitation, If you elect any of the other options, —
please return the package to this office. If you have any questions, please call Capt ine

MBB: 228-5242.

  

RD C01, USAF

Staff Judge Advocate

Attachment:
Case File
- © fF1P2.002- 02 20
DEPARTMENT OF THE AIR FORCE

355" OPERATIONS SUPPORT SQUADRON (ACC)
BAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

2.0 HAY Moy

FROM: CC
SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for misconduct,
specifically 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 honorable or under honorable conditions (general). I am recommending that
your service be characterized as general.

2. My reasons for this action are:

a. On or about 19 Apr 99, you failed to go to a scheduled appointment. As a result, you
received a Letter of Reprimand (LOR) (Tab A).

b. On or about 12 Apr 99, it was discovered that you voluntarily remained in the
company of persons who were engaged in criminal activity (i.e., transporting marijuana) in your
presence and you did not report them to the authorities. As a result, you received an LOR and an
Unfavorable Information File (UIF) was established (Tab B).

c. On or about 12 Apr 99, it was discovered that you had been driving on Davis-Monthan
AFB without proper vehicle registration and insurance for an undetermined amount of time. As

a result, you received an LOR (Tab C).

d, On or about 10 Apr 99, you admitted to drinking while underage. As a result, you
received an LOR (Tab D).

e. Onor about 8 Apr 99, you failed to report to a mandatory briefing. As a result, you
received a Record of Individual Counseling (RIC) (Tab E).

f. On or about 8 Apr 99, you reported to work late. As a result, you received an RIC
(Tab F).

g. On or about 31 Mar 99, you were found sleeping during duty hours. As a result, you
received an RIC (Tab G).

h. On or about 9 Oct 98, you did not meet the standards for book study. As a result, you
received an RIC (Tab H).

Global Power For America
FP2002~o2 26

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

  

Re Lt Col, USAF

Attachments:
1. Supporting Documents
a. LOR, dated 20 Apr 99 (2 pages)
b. LOR, dated 15 Apr 99 (2 pages); AF Form |058, dated 26 Apr 99; AF Form 1137
c. LOR, dated 5 May 99 (2 pages)
d. LOR, dated 5 May 99 (2 pages)
e. RIC, dated 8 Apr 99 (2 pages)
f, RIC, dated 8 Apr 99 (2 pages)
g. RIC, dated 31 Mar 99 (2 pages)
h. RIC, dated 16 Oct 98 (2 pages)
i. RIC, dated 9 Oct 98 (2 pages)
j. RIC, dated 8 Sep 98 (2 pages)
2. Ainnan's Receipt of Notification Memorandum