AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

X PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

MEMBERS SITTING

 
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AB ae

 

 

    

RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 
  

 

 

ee a

 

issues INDEX NUMBER
A94,01, A92.37, A94,05 A67.10
HEARING DATE CASE NUMBER
02-11-07 FD2002-0238

 

  

 

 

 

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

dite) Bol

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

i PECISK

 

 

 

Case heard at Washington, D.C.

SIGNATURE OF REG@RDEY

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00

 

 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

 

 

 

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

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 2002-0238

GENERAL: The applicant appeals for upgrade of discharge to Honorable, and to change his reenlistment
code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB, MD on November 7, 2002.

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

FINDINGS: Upgrade of discharge, and change of reenlistment code are denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

Issues. Applicant received an under honorable conditions (General) discharge for minor disciplinary
infractions. He had one Record of Individual counseling, two Letters of Counseling, seven Letters of
Reprimand, an Unfavorable Information File, and an Article 15. His Enlisted Performance Report was
rated an overall “3.” His misconduct included numerous instances of being late to work and failure to go to
his appointed place of duty, numerous instances of his dormitory room being filthy and unkept, dress and
appearance violations, failure to take his mandatory flu shot, failure to complete the third volume of his
Career Development Course, underage drinking, and assaulting another airman. Applicant contends the
discharge was too harsh due to all of his infractions being minor, although he did not dispute the occurrence
of any of those infractions. He agreed he should have been punished for those offenses, but less severely.
He noted his otherwise satisfactory service and good post-service conduct. Neither the record review nor
applicant’s testimony provided merit to applicant’s contentions. Additionally, at the time of the discharge,
applicant waived his right to consult counsel or submit statements in his own behalf. Applicant conceded
he had a lack of motivation, was disappointed by and unchallenged in his career field, and had made “stupid
mistakes” due to his immaturity and lack of judgment. The Board noted applicant was the same age as
other airmen who complete their enlistments without any misconduct, and that he knew right from wrong,
and although given many opportunities, he failed to correct his negative behavior. The Board found no
mitigation for his misconduct. Neither the record or applicant’s testimony offered a basis to substantiate an
upgrade or to change his reenlistment code.

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/change of reason for discharge, or to change the reenlistment code, thus the applicant's discharge
should not be changed.

Attachment:
Examiner's Brief
FD2002-0238

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

(Former AB) (HGH Alc)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/10/03 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable

Disch.

2. BACKGROUND:

a. DOB: 78/10/30. Enlmt Age: 19 4/12. Disch Age: 21 11/12. Educ: HS DIPL.
AFOT: N/A. A-68, E-97, G-96, M-91. PAFSC: 3C231 - Communications Computer

Systems Controller. DAS: 98/11/23.

b. Prior Sv: (1) AFRes 98/03/05 - 98/06/09 (3 Mos 5 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 98/06/10 for 4 yrs. Svd: 2 Yrs 3 Mos 24 Das, all AMS.

b. Grade Status: AB ~- 00/09/21 (Article 15, 00/09/21)
Alc - 99/10/10
AMN - 98/12/10

ec. Time Lost: None.

d. Art 15's: (1) 00/09/21, Schriever AFB, CO, Article 86. You did, on

or about 14 Sep 00, without authority, fail to go to

your appointed place of duty. Article 92. You did, on

or about 8 Sep 00, fail to obey a lawful general

regulation, to wit: Table 1.4, Air Force Instuction 36-
2903, dated 8 Jun 98, by wrongfully wearing abeard.,——-——-——
Reduction to the grade of AB, 10 days extra duty, anda
reprimand. (No appeal) (No mitigation).

 

e. Additional: LOR, 6 Sep 00 - Dormitory room not in inspection order.
LOR, 7 Jun 00 - Service Dress uniform and dormitory room
not in inspection order.

LOR, 24 May 00 - Late for work and failure to meet Air
Force standards.

LOC, 19 May 00 - Late for work.

Loc, 3 Mar 00 - Failure to complete third volume of 4930B
cDC course material on time.

LOR, 14 Dec 99 - Agsaulting an Airman and failing to
maintain good order and discipline.

LOR, 2 Dec 99 ~ Assaulting an Airman and failure to get
flu shot.

LOR, 2 Dec 99 - Disobeying a lawful order.

LOR, 24 Jun 99 ~- Failure to maintain an orderly room and

~
FD2002-0238
underage drinking.
RIC, 24 Dec 98 - Late for duty.
f. CM: None
g. Record of SV: 98/06/10 - 00/02/09 Schriever AFB 3 (Initial)
(Discharged from Schriever AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (29) Das
TAMS: (2) Yrs (3) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/21.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH aii a — “ie + 4 acne oe. en een a i Ne aah icles mC tas RR be
None,

02/09/05/cr
Jul 25 O2 07:29a DPHAR 719-567-5516 pP-27

FLP2ZOO02-O23&-

DEPARTMENT OF THE AIR FORCE

50TH SPACE WING (AFSPC)

 

Ro

MEMORANDUM FOR 50 SW/CC t

FROM: SO SW/JA
210 Falcon Parkway, Ste 2104
Schriever AFB CO 80912-2104

SUBJECT: Legal Review of AFI 36-3208, Discharge of AB QQ GI

 

(AFSPC)
1. Ihave reviewed t ninistrative discharge action pertaining to AB
(respondent), or legal sufficiency. There has been substantial compliance with the ;

applicable substantive and procedural provisions of AFI 36-3208. This action was initiated on a
.._10. Aug 00 to administratively separate-respondent-from the United States Air Foree-pursuant.to.—-----— —-
AFI 36-3208, chapter 5, section H, paragraph 5.49, misconduct (minor disciplinary infractions).
The statutory basis for this action is 10 U.S.C. § 1169 and a legal review is required by
AF] 36-3208, paragraph 6.12.1.

2, The recommendation for discharge is based upon the information contained 1n paragraph 2 of
the notification memorandum. The notification memorandum alleges that, AB SP failed to
keep his dorm room in inspection order on three occasions, failed to get a mandatory flu shot,
assaulted an airman, failed to report for duty on five occasions, failed to obey a lawful general
regulation and failed to complete the third volume of his CDC course material on time.

3. The respondent is 21 years old, enlisted on 10 Jun 98 for a term of 4 years, and has a total of 2
years and 3 months active service. Respondent has waived his right to consult counsel and his

right to submit statements.

 

4. Exrors and Irregularities: The UIF listed in the notification memorandum and
recommendation memorandum is listed as 24 May 00 when the actual date of the record is
23 Jun 00. This error does not affect the legal sufficiency of the package.

5. As Discharge Authority, you are empowered to:

a. Approve the discharge and issue a general (under honorable conditions) discharge
certificate;

b. Recommend an honorable discharge and forward the case file to the 14th Air Force/CC
for disposition;

 

MASTER OF SPACE
‘Jul .25 02 07:29a DPMAR 719-567-5516 p-28

FID 2002-0225"

c. Approve a general discharge, but suspend its execution for a period of up to one year for
probation and rehabilitation; or

d. Order respondent to be retained in the Air Force.

6. Irecommend you direct respondent be separated from the United States Air Force with a
general discharge without probation and rehabilitation and that paragraph 5.49 be cited as the
basis for this action. A general discharge is appropriate when significant negative aspects of the
member's conduct outweigh positive aspects of his military record. AFI 36-3208, paragraph
1.18.2. Probation and rehabilitation is inappropriate because of respondent's continued and
repeated improper conduct despite attempts at correction. Separation of respondent can be
accomplished as soon as the file includes the medical evaluation indicating that the respondent is
medically qualified to be involuntarily discharged.

7. Please contact my POC, Capt @aeale at 567-5050, if you have any questions or need
additional information. . a

ae
er

  

 

Staff Judge Advocate
.Jul @5 G2 O7:2la DPMAR 719-567-5516 p.8

FD 2002 — 0288

DEPARTMENT OF THE AIR FORCE

50TH SPACE WING (AFSPC}

 

25 SEP 2000

MEMORANDUM FOR AB QRS Giaian@ 50 cs (asec)

FROM: 50 CS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct (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 general. I am
recommending that your service be characterized as general,

2. My reasons for this action are:

a. On 24 Dec 98, you sreported late for duly, ‘Fo or r this is offense, you received an AF Form 174, Record
of Individual Counseling dated 24 Dec 98. (Atch 1a)

 

 

b. On or about 11 Jun 99, the Dorm Manager visifed your room and observed cigarette butts on the
floor, pizza crusts lying around, a Jack Daniels bottle % fall, and your room in general disarray,
Additionally, on 22 Jun 99, a second inspection of your room found it extremely messy and unclean. For
these offenses you received a Letter of Reprimand dated 24 Jun 99. (Atch Ib)

c. On or about 9 Nov 99, you failed to get your mandatory flu shot. After being directed by SMSet
to get the shot, you failed to do so. For this offense, you received a Letter of Counseling dated
2 Dec 99, (Atch Ic)

d. On or about 2 Dec 99, you assaulted Airman by striking him twice. For this offense you.

—-——— reeerved two Letters of Reprimand dated Z Dec 99 an Dec 99. (Atch Id and le)

e. On or about 3 Mar 00, you failed to complete your third volume of CDC course material on time,
For this offense, you received a Letter of Counseling on 3 Mar 00. (Atch If)

f. On or about 9 May 00, you were not able to report to duty as scheduled and in turn affected the
‘mission you were assigned to. For this offense, you received a Letter of Counseling dated 19 May 00.

(Atch 1g)

g. On 19 May 00 and 20 May 00, you failed to reported for duty at the specified time. For these
offenses, you received a Letter of Reprimand dated 24 May 00 and an Unfavorable Information File was
established. (Atch 1h and 1i)

h. On 6 Jun 00, you failed a formal room inspection. For this offense, you received a Letter of
Reprimand dated 7 Jun 00. (Atch 1j)

MASTER OF SPACE

ee
719-S67-5516 p-93

‘Jul 25 O02 O7:21a DPMAR

£22002 ~ OBSF

i, On or about 11 Aug 00, your dorm room was discovered to be filthy. The room had trash
overflowing from the trash can, a bag of trash beside the trash can, dirty clothes strewn about the room,
and trash all over the floor. For this offense, you received a Letter of Reprimand dated 6 Sep 00. (Atch

1k)

j. On or about 5 Sep 00 and 14 Sep 00, you failed to go at the time prescribed to your appointed place
of duty. On or about 8 Sep 00, you failed to obey a lawful general regulation. For these offenses, you
received punishment under Article 15 of the Uniform Code of Military Justice dated 21 Sep 00.

(Atch 1])

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial jurisdiction or a higher
authority will decide whether you will be discharged or retained in the Air Force and, if discharged, how
your service will be characterized. If you are discharged, you will be ineligible for reenlistment in the
Air Force and any special pay, bonus, or education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. [ have
made an appointment for you to consult the Area Defense Counsel at Schriever AFB, bldg 608, room 336;

on 26 Sep 00 at 0830 hours. You may consult civilian counsel at yeu own expense.

 

5. You have the right tc to ) submit statements in your own behalf Any statements you want the separation
authority to consider must reach me within 3 workdays from the date you receive this memorandum of
notification unless you request and receive an extension for good cause shown. I will send them to the
separation authority. .

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 complete the first page of the
DD Form 2697 (Atch 3) and report to Physical Exams at the Peterson AFB Clinic on _26 Sep 00 at 1330
hours for the examination.

8. You must report to MPF Separations immediately to receive a briefing, —

 

9, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFI 36-3208, is available for your use in your unit orderly room.

   

FLt Col, USAF

Attachments:

. 1, Derogatory Documents

a, Record of Individual Counseling, 24 Dec 98
b, Letter of Reprimand, 24 Jun 99
c, Letter of Counseling, 2 Dec 99
d. Letter of Reprimand, 2 Dec 99
719-567-5516 p-10

-O 20027 022¢

‘Jul .25 02 O7:22a DPMAR

¢. Letter of Reprimand, 14 Dec 99
f. Letter of Counseling, 3 Mar 00
g. Letter of Counseling, 19 May 00
h. Letter of Reprimand, 24 May 00
i. Unfavorable Information File, 24 May 00
j. Letter of Reprimand, 7 Jun 00
k, Letter of Reprimand, 6 Sep 00
lL. Article 15, 21 Sep 00
2. Acknowledgment
3. DD Form 2697

al