AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
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GEN X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

  

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

   

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY

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ISSUES INDEX NUMBER oe : i i
A94.05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
6 FEBRUARY 2002 FD2002-0241 COUNSELS RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

ECHARC DEC

        
 

 

Case heard at Washington, D.C.

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

 

SIGNATURE OF BOARD PRESIDE ST

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pn 9999-9241

GENERAL: The applicant appeals for upgrade of discharge to Honorable and change of reenlistment
eligibility (RE) code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined
to exercise this right through written notification.

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 RE code are denied.

The Board finds that the evidence of record does not substantiate an impropriety that would alone justify an
upgrade of the discharge.

Issues. The member was separated with a general discharge after receiving two Article-15’s and one Letter
of Reprimand over the course of his 2 years and 14 days of military service, for two instances of underage
consumption of alcoholic beverages (13 May 2000 and 10 August 2001), one charge of failure to go at the
time prescribed to his appointed place of duty (Meade County Courthouse, Sturgis, South Dakota), and for
failure to obey a lawful order to remove a healing post from his ear, and violation of AFI 36-2903, Dress
and Personal Appearance, by wrongfully wearing earrings off-duty on a military installation, for which he
received a suspended reduction to the rank of Airman Basic in June 2000, followed, in September 2001
with another suspended reduction to the grade of Airman, along with forfeiture of $200.00 pay per month
for 2 months, and 30 days extra duty. The applicant challenged the fairness of his initial Article-15, citing
his “integrity” in self-reporting the incident which occurred at an off-base location. The applicant also
challenged his “failure to obey” a lawful order, which he later followed, citing his attention was focused at
the time on two other noncommissioned officers who were “yelling” at him for wearing an earring post.
The applicant presented mitigating evidence of the charges of his failure to go to his prescribed place of
duty, by submission of a copy of the written ticket to appear in a civilian court, with a reporting date, which
differs from the date of his alleged offense. The applicant states that he did in fact attend his directed court
appearance and remitted payment of his fine. For the dress and appearance violation, the applicant denies
his guilt and countered that his was a case of mistaken identify, as there were four other individuals in his
organization who are blonde males, one of whom could have been the violator. However, the DRB noted
the following excerpt from an email transmission from the applicant’s first sergeant to the officer who
identified him as the violator which reads:” I spoke with  remove a healing post from his ear, an order which it was Respondent’s
duty to obey, did at or near Ellsworth Air Force Base, South Dakota, on or about 22 August 01, fail
to obey the same. Respondent, did, at or near Ellsworth Air Force Base, South Dakota, on or about
19 Aug 01, violate a lawful general regulation, to wit: Table 2.5, item 7, Air Force Instruction 36-
2903, Dress and Personal Appearance, dated 8 Jun 98, by wrongfully wearing earrings. off duty on a
military installation. For these actions, Respondent was punished under Article 15, UCMJ, on
7 Sep 01. Punishment was suspended reduction to the grade of airman, forfeiture of $200.00 pay
per month for 2 months, that portion of the punishment which called for forfeiture in excess of
$100.00 pay per month for 2 months was suspended, 30 days extra duty, 30 days restriction, and a
reprimand. The article 15 was added to Respondent’s UIF

4. Evidence for the Respondent: Respondent’s unit properly notified Respondent of his right to
_.Submit statements in his behalf for your consideration (Tab D). On 21 Sep 01, Respondent waived
his rights to consult counsel and to submit statements for your consideration (Tab H).

5. Discussion: During his military career, Respondent has engaged in minor disciplinary
infractions necessitating his administrative discharge. He received one LOR, two Article 15s and
two UIF entries. Respondent’s misconduct is clearly incompatible with further military service.
With regard to the characterization of his discharge, the negative aspects of Respondent’s service
outweigh any positive contributions he has made in his Air Force career. Accordingly, an under
honorable conditions (general) discharge characterization is warranted. Therefore, I do not
recommend P & R in conjunction with this discharge.

6. Errors and Irregularities; The 77 BS/CC recommendation to 28 BW/CC cites that
_ _____Respondent’s rank is airman first class, however, Respondent’s rank-is.airman—Thisis-a-mere type-———.-——
and does not affect these procedures in any way. Therefore, I note no errors or irregularities
prejudicial to the Respondent’s substantive or procedural rights.
7. Options: As separation authority in this case, you may:

a. Direct retention, if you determine the evidence does not warrant discharge; or

b. Forward this case to 8 AF/CC with the recommendation that the Respondent receive an
honorable discharge with or without P & R; or

c. Return this case to the unit for re-initiation, with the recommendation that the Respondent
receive an under other than honorable conditions (JOTHC) discharge; or
FD 2002 -e24/

d. Direct the Respondent’s separation with an under honorable conditions (general) discharge
with or without P & R.

8. Recommendation: Direct the Respondent’s separation with an under honorable conditions

(general) discharge without P & R. A proposed memorandum to that effect is attached for your
signature.

 
 
   

er ae

a a ka Mix, Colonel, USAF
Staff Judge Advocate

 

Attachments:

1. Proposed letter
2. Case file
FED 2082-0 2¢4/

° DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 28” BOMB WING (ACC)
ELLSWORTH AIR FORGE BASE, SOUTH DAKOTA

 

   

ci 21 SEP 200
MEMORANDUM FOR ’

FROM: 77 BS/CC :

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct
involving 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 under honorable conditions (general).

2. My reasons for this discharge action are the following:

a. You, who knew of your duties, at or near Ellsworth Air Force Base, South Dakota, on or
about 13 May 00, were derelict in the performance of those duties in that you willfully failed to
refrain from consuming alcoholic beverages while under the state legal drinking age of 21, as it
was your duty to do. You did, at or near Ellsworth Air Force Base, South Dakota, a place under
exclusive federal jurisdiction, on or about 13 May 00, possess an open receptacle or package
containing an alcoholic beverage while occupying a motor vehicle located upon a public
highway in violation of South Dakota Codified Law 35-1-9.1, assimilated into federal law by 18
U.S. Code Section 13. For these actions, you were punished under Article 15, UCMJ, on
9 Jun 00. Punishment was suspended reduction to the grade of airman basic, forfeiture of $50.00
pay per month for 2 months, and 14 days extra duty. The article 15 created your Unfavorable
Information File (UIF).

b. You, who knew of your duties, at or near Sturgis, South Dakota, on or about 10 Aug 01,
~ were derelict in the performance of those duties in that you failed to refrain from consuming ~~~

alcoholic beverages while under the state legal drinking age of 21. For this action, you received
a Letter of Reprimand (LOR) on 22 Aug 01.

c. You did, at or near Sturgis, South Dakota, on or about 14 Aug 01, without authority, fail to
go at the time prescribed to your appointed place of duty, to wit: Meade County Courthouse,
Sturgis, South Dakota. You, having knowledge of a lawful order issued by qggn@@hMQgaamnte-

STM ENEMA, 0 cemove a healing post from your ear, an order which it was your duty to
obey, did at or near Ellsworth Air Force Base, South Dakota, on or about 22 August 01, fail to

obey the same. You, did, at or near Ellsworth Air Force Base, South Dakota, on or about

19 Aug 01, violate a lawful general regulation, to wit: Table 2.5, item 7, Air Force Instruction
36-2903, Dress and Personal Appearance, dated 8 Jun 98, by wrongfully wearing earrings off
duty on a military installation. For these actions, you were punished under Article 15, UCM, on
7 Sep 01. Punishment was suspended reduction to the grade of airman, forfeiture of $200.00 pay
per month for 2 months, that portion of the punishment which called for forfeiture in excess of
PD2O02,~ O24

$100.00 pay per month for 2 months was suspended, 30 days extra duty, 30 days restriction, and
areprimand. The article 15 was added to your UIP.

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 a higher
authority will decide whether you will be discharged or retained in the Air Force and, if you are
discharged, how your discharge 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.

I have made an appointment for you to consult ghe GARR ReeINIII, Arca

Defense Counsel, 385-2158, 1000 Ellsworth Street, Suite 1700 on 2#SéP?_ 01 at 1400. hours.
You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 2see 01 at !oee __ hours, 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 matters 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 Physical Exams
Section of the Base Clinic on24ser_ 01 at_1420 hours for the examination. This is a
mandatory appointment and you must be in uniform. You must report at least 15 minutes in
advance to this appointment to complete necessary paperwork.

8. 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 orderly room.

9. Execute the attached acknowledgment and return it to me immediately,

 

  

pane Lt Col, USAF
Commander, 71th Bomb Squadron

Attachments:

1. Supporting documents
a. Article 15/UIF Entry — 9 Jun 00
b. LOR - 22 Aug 01

c. Article 15/UIF Entry — 7 Sep 01
2. Airman's Acknowledgment