AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ GRADE | AFSN/SSAN ~
b AIC
TYFE 7 _ T" -
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAMY, OF COUNSEL AND ORGRGANIZATION SS ~ ADDRESS AND OR ORGANIZATION OF COUNSEI, -
YES Ma}
. 4
r “ ™ “ VOTE OY THE BOARD
MEMRERS SITTING HON GEN WOTHG OTIER 7] DENY
x
XxX
x
x
x
ISSUES ~ INDEX NUMBER " "EXHIBITS SUBMITTED TO THE ROAR
A405 A67.50), AG7,90 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION ~~
WEARING DATE CASENUMBER “lg | GRIFF OF PERSGNNEL FILE _
22 OCT 2 FD2002-0253 COUNSEL'S RELEASE TO THE BOAR}
ADDITIONAL EXTUBITS SUBMITTED AT TIME Or | 7
PERSONAL APPEARANCE
| TAPE RECORDING OF PERSONAL ABPRICANGI HEARING

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE GISCUSSED OM THE ATTACHED AIK PORCH DISCHARGE REVIEW ROARD DECISIONAL RA TIIMALE,

 

KEMARKS
Case heard at Washington, D.C.

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

 

 

 

 

4
-
INDORSEMENT . DATE: 23 ocr oz

a" we aw a - nm

SAF/MIGR SECRETARY OF THE AIR FORGE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

RANDOLPH AFR, TX 78150-4742 1535 COMMAND DR, EE WING, 3 FLOOR

ANDREWS AFB, MD 20762-74102

 

 

 

‘AFHQ FORM 0-2077, JAN 00 ~ (BF-V2) - “Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE £1902-0253

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 ihe available pertinent dala on the applicant and the factors Icading to the
discharge.

FINDINGS: Upgrade of discharge is denicd.

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.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant believes an injustice occurred because he was punished for his actions while in the
miliary and then was punished again by not receiving the discharge that is fair and just. The record
indicates the applicant received an Article 15 for being disrespectful in language and deportment toward a
noncommissioned officer. In addition, he received three Letters of Reprimand for missing appointments
(2), and being disrespectful to a noncommissioned officer; three Lctters of Counseling for missing
appointments (2), and being late for work; and a Memorandum for Record Sor failure to go. The DRB took
note of the applicant's duty performance as documented by his performance and other information
contained in the records. Although the member had failed his CDC course twice, which could result in a
discharge, his misconduct was the basis lor his General discharge. The Board concluded the discharge was
appropriate for the rcasons that were the basis for this case. No inequity or impropricty in his discharge was
suggested or found in the course of the records review, His misconduct was a significant departure {rom
conduct expected of all military members. The Board concluded that the character and reason for discharge
were appropriate due to his misconduct.

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 duc process.

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

Atlachment:
Examiner's Briel
FD2002-0253
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC) (HGH ALC)
{MISSING DOCUMENTS)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/05/30 UP AFT 36-3268,

para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Diacharge.

2. BACKGROUND:

a. DOB: 79/08/03. Enlmt Age: 18 11/12. Disch Age: 21 9/12. Educ: HS DIPL.

AFQT: N/A. A-54, E-50, G-55, M-28. PAFSC: 3P031 - Security Forces Apprentice,
DAS: 00/08/10.

b. Prior Sv: {1} AFRes 98/07/06 - 98/09/09 (2 months 4 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 96/09/10 for 6 yrs. Svd: 02 Yrs 08 Mo 21 Das, all AMS.
b. Grade Status: AlC - 98/10/24

c. Time Lost: None.

da. Art 15's: (1) 00/06/29, Moody AFB, GA - Article 91. You, on or about
21 Jun 00, were disrespectful in language and
deportment toward TSqt ------ , @ noncommissioned
officer, then known by you to be a superior
noncommissioned officer, who was then in the execution
of his office, by holding your hand up and by saying to
him, "Whatever," ox words to that effect. Suspended
reduction to Amn and 14 days restriction. (No appeal)
(No mitigation)

e. Additional; LOR, 15 MAR O01 - Missed appointment.
LOC, 31 JAN 01 - Miased appointment.
MFR, 17 JAN 01 - Failure to go.
“LOC, 26 OCT 00 - Late for work.

LOR, 25 NOV 99 - Missed appointment .
Loc, 20 OCT 99 - Missed appointment.
LOR, O05 AUG 99 - Disrespect to an NCO.

£. CM: None.

g. Record of 8V: 98/09/10 - 00/04/15 Moody AFB 5 (HAF Dir)
00/04/16 - 01/04/0602 Moody AFB 2 (Annual)REF

(Discharged from Moody AFB)
FD2002-0253
h. Awards & Decs: AFTR, APOUA.

i. Stmt of Sv: TMS: (02) ¥rae (10) Mos (25) Daa
TAMS: (02) Yrs (08) Moe (21) Das

4. BASTS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/09.
(Change Discharge to Honorable)

Issue 1: I request the following injustice to be corrected because I waa
punished for my action when I was in the military and then TI was punished again
by not receiving the discharge that is fair and just.

Issue 2: When I failed my Career Development Course (CDC}, my commander
offer (sic) me a chance te retrain. After looking over my options I deceded
{aic) to get out of the Air Force. He then told me that higher commander
wouldn't support giving me a Honorable discharge with my past record, he said if
I wanted to get out I would have to take a general discharge, I accepted I was
tolded (sic) that I may appeal this after six months of being out of the
military. I aumit a copy of the Letter my commander gave to me.

ATCH

1. Recommendation for Discharge, 347 SFS/CC, 3 May 01.
2. DD Form 149.

02/09/19/ia
fpzeDe - 2255

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 347TH RESCUE WING (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

22 May 2001
MEMORANDUM FOR 347 WG/CC

FROM: 347 WGA

SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge Action:
AIC 347" Security Forces Squadron (347 SFS)

1. | have reviewed,the subject discharge action and find it legally sufficient.

Major 1347 SFS, has recommended that AIC be
involuntarily separated from the Air Foree under honorable conditions (general) in
accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of
misconduct (conduct prejudicial to good order and discipline). Major does not
recommend a program of probation and rehabilitation (P&R). ] concur.

2. In reviewing this action, | find that there is a legally sufficient basis to separate
Alc from the Air Force with an under honorable conditions (general) discharge
without P&R, as recommended.

a. Basis for discharge: AFI 36-3208, paragraph 5.50.2, states that airmen are
subject to discharge for conduct prejudicial to pood order and discipline, which is defined
as conduct that tends to disrupt order, discipline, or morale within the military
community, This category of conduct also includes that which causes dissent, disruption,
and degradation of mission effectiveness, as well as conduct that tends to bring discredit
on the Air Force in the view of the civilian community. A1C misconduct
includes six instances of failure to report to duty at the time prescribed, and twice he
was disrespectful toward an NCO. In response to this misconduct, A1C
received three Letters of Reprimand (LOR), three Letters of Counseling (LOC), a

warning by memorandum, and punishment pursuant to Article 15, UCMJ which
were placed in his UIF.

b. Should AIC he discharged? In determining whether A1C. ishould
be discharged, you may cofisider the nature of the offenses and the circumstances
surrounding them. You must then decide whether his conduct was indeed prejudicial to
good order and discipline as defined above. In my view, A1O nisconduct has
had deleterious effect on order and discipline within the wing. I believe the serious and

This document is confidential and is protected from disclosure by the attarmey-client privilege.
PPptee2- L255

repetitive nature of A1C misconduct demonstrates an unwillingness to
conform to Air Force standards. Consequently, AIC: should be administratively
discharged.

c. Service characterization: This notification discharge can be characterized as
honorable or under honorable conditions (general).

(1). Honorable: AFI 36-3208, paragraph 1.18.1, states that an honorable
discharge should be given when the airman’s service has met Air Force standards of
acceptable conduct and the member’s service is so meritorious that any other
characterization would be inappropriate, Due to the serious disciplinary actions taken,
AIC record during this enlistment does not support an honorable discharge.

Moreover, the General Court-Martial Convening Authority would have to approve such a
characterization.

 

(2.) General: Paragraph 1.18.2 states that characterization of an airman’s
service as under honorable conditions (general) is warranted when significant negative
aspects of the airman’s conduct or performance of duty outweigh the positive aspects of
his military record. AJC military record does not indicate exceptional service.

On the contrary, the A1C misconduct outweighs the positive aspects of his
record. Accordingly, an under honorable conditions (general) discharge is appropriate.

 

d. Probation and Rehabilitation: AF1 36-3208, paragraph 7.3, states that P&R
may be offered to airmen who have demonstrated a potential to serve satisfactorily, have
the capacity to be rehabilitated for continued military service or completion of the current
enlistment, or whose retention on active duty in a probationary status is consistent with
the maintenance of good order and discipline in the Air Force. The squadron commander
has recommended that P&R not be offered because the squadron has already attempted to
rehabilitate A1C | leoncur. AIC received an LOC for his first breach of
discipline, but to no avail. It did not deter AIC from further misconduct as hoped.
As aresult, AIC received two more LOCs, three LORs, a warming by
memorandum, and an Article 15 for his latest misconduct as well as the initiation of this
administrative discharge, Thus, the willful and serious nature of A1C misconduct
indicates that further attempts at rehabilitation would be unfruitful.

3. AIC Response: AlC has been in the Air Force for less than six years,
and is therefore not entitled to a hearing before an administrative discharge board. On

7 May 01, AIC hwas informed that he was being considered for discharge and
informed of his right to consult military counsel and submit statements on his own behalf.
On 10 May 01, AIC }submitted a statement. He asked that his discharge be
characterized as honoravle, however he admits that he has made some mistakes. His

main objection is that he will lose the Montgomery GI Bill and this will hinder his
educational goals.

4, AIC ‘physical examination is not yet complete. However, AFI 36-3208 allows
processing or involuntary discharge actions to continue up until actual separation, Any

This document is confidential and is protected from diselosure by the attorney-client privilege.
Fe 222 - 52535

approved discharge is then held in abeyance until the member is found medically
qualified for worldwide duty.

5, As the Special Court-Martial Convening Authority, you have the following options:

a. Retain the respondent;

b. Recommend to the General Court-Martial Convening Authority (9 AF/CC)
that the respondent be separated with an honorable discharge with or without the
opportunity for P&R;

¢. Approve an under honorable conditions (general) discharge with or without the
opportunity for PER; or,

d. Direct that the unit commander reinitiate this action for processing [AW board
hearing procedures if you believe that an under other than honorable conditions
(UOTHC) discharge may be warranted.

6. L recommend that you direct A1C be separated under honorable conditions
(general) without P&R. [ also recommend that you bar AIC; from Moody AFB for
two years in light of the misconduct underpinning A1C discharge.

“Lt Col, USAF
Staff Judge Advocate

This decuinent i confidential and is protected from disclosure by the attomey-client privilege.
- FD2ZepZ- BRS%

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 347TH WING (ACC)
‘MOODY AIR FORCE BASE, GEORGIA

 

7 May 2001

MEMORANDUM FOR AIG 347 SFS
FROM: 347 SFS/CC

SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for conduct prejudicial
to good order and discipline (pattern of misconduct). The authority for this action is AFPD 36-
32 and AFI 36-3208, paragraph 5.50.2. 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 action are as follows:

a. On4 Aug 99, you were disrespectful toward an NCO after being told to correct a
discrepancy. For this offense you received an LOR, dated 5 Aug 99 (Atch 1a).

b. On 20 Oct 99, you failed to go at the time prescribed to a dental appointment. For this
offense you received an LOC, dated 20 Oct 99 (Atch 1b),

¢, On 23-Nov 99, you failed to go at the time prescribed to your scheduled M-16 firing
appointment. For this offense you received an LOR, dated 25 Nov 99 (Atch Ic).

d. On 21! Jun 00, you were disrespectful toward a NCO, who was your supervisor, by
holding up your hand and saying to him “whatever,” For this offense you received

nonjudicial punishment, dated 7 Jul 00, which was used to establish your unfavorable
information file (UIF) (Atch 1d).

e. On 26 Aug 00, you failed to go at the time prescribed to your appointed place of duty.
For this offense you received an LOC, dated 26 Oct 00 (Atch le).

f. On 11 Jan O01, you failed to go at the time prescribed to your scheduled CWDT refresher

course. For this offense you received a verbal counseling annotated in Memorandum for
Record (MFR), dated 17 Jan 01 (Atch 1f).

g. On or about 29 Jan 01, you failed to go at the time prescribed to your scheduled
HAZMAT initial course, For this offense you received an LOC, dated 31 Jan 01 (Atch

Ig).

CHobal SPourer fox America
. FR 220 a QBS ®
h. On 13 Mar O1, you tu..d to go at the time prescribed to your... sointed place of duty.

For these offense you received a Letter of Reprimand (LOR), dated 15 Mar 01 (Atch th).

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 reenlistment in the Air Force and will probably be precluded from enlistment in any
component of the armed forces. Any special pay, bonus, or education assistance funds may be
subject to recoupment.

3. 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 Capt Area Defense Counsel, in
Building 5107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 8 May 2001 at
1030 hrs. Please take your copy of this Notification Memorandum and attachments with you to
your appointment. You may consult civilian counsel at your own expense.

4. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after receipt of this

notification letter unless you request and receive an extension for good cause shown. | 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 have been scheduled for a medical examination. You must report to the Moody Air
Force Base Hospital, Physical Exams, Building 3296, on 9 May 200) at 0750 hrs for the

examination. This is a mandatory appointment. Be sure to bring your medical records to
this appointment.

7. 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 usc in the orderly room.
8. Execute the attached acknowledgment and ond mmmaainey

Major, USAF
Crccaes 347" Security Forces Squadron

Attachments:

1. Supporting Documents, Reasons for Discharge
LOR, 5 Aug 99

LOC, 20 Oct 99

LOR, 25 Nov 99

Art 15/UIF, 7 Jul 00

LOC, 26 Oct 00

MER, 17 Jan 01

LOC, 31 Jan 01

LOR, 15 Mar 01

a.
b.
c
d.
e.
f.
g.
h.

2. Receipt of Notification Memorandum