AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
—" panne . AB eens
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
“GOUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
X
mie | "VOTE OF THE BOARD: ao ‘ys
__MEMBERS SITTING HON | GEN vorac OTHER | DENY
Xx
Leet ce
xX
xX
xX
X
ISSUES INDEX NUMBER -__. EXHIBITS SUBMITTED TO THE BOARD
A95.00 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
20 DEC 02 FD2002-0259 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR: FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

REMARKS

Case heard at Washington, D.C.

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

 

  

tl

     
  
 
 
 

INDORSEMENT

DATE: 20 DEC02

  
 
 

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, MDD 20762-7002

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0259

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 the applicant submitted no issues contesting the equity or propriety 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
three Letters of Reprimand, and five Letters of Counseling for failure to obey an order, sleeping on duty,
violation of appearance standards, failure to go, unauthorized driving on base and parking in the
commander’s parking space, violation of posted curfew, unprofessional conduct and violation of dress
standards. The DRB opined that through these administrative actions, the applicant had ample
opportunities to change his negative/repetitive 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 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
FD2002-0259
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AB)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/10/16 UP AFI 36-3208,

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

2. BACKGROUND:

a. DOB: 81/11/17. Enimt Age: 19 1/12. Disch Age: 19 11/12. Educ: HS DIPL
. AFQOT: N/A. A-63, B-67, G-66, M-45. PAFSC: 2A1X7 - Electronic Warfare
Systems Apprentice. DAS: 01/03/05.

b. Prior Sv: (1) AFRes 00/12/28 - 01/01/15 (18 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enid as AB 01/01/16 for 6 yrs. Svd: 0 Yrs 9 Mos 1 Das, all AMS.

b. Grade Status: None.
c. Time Lost: None.

da. Art 15’s: None.

e. Additional: LOR, 26 SEP 01 - Failure to obey and order.
LOR, 15 AUG 01 - Sleeping on duty.
RIC, 13 AUG 01 - Violation of appearance standards by

having a groomed beard.

RIC, 10 AUG 01 ~- Failure to go.

LOR, 3 JUL 01 - Unauthorized driving on base and parking
in the commander's parking space.

RIC, 3 JUL 01 - Violation of posted curfew.

RIC, 24 APR 01 - Unprofessional conduct.

RIC, 13 MAR 01 - Violation of dress standards by having a

cell phone in uniform and not having AETC
Form 341.
£—. CM: None.

g. Record of SV: None.

(Discharged from Keesler AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (0) Yrs (9) Mos (19) Das
TAMS: (0) Yrs (9) Mos (1) Das
FD2002-0259

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/04/09.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None...

02/09/17/er
FD 2002- O2SP

-DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

OCT 1 0 2008

 

MEMORANDUM FOR 81 TRG/CC

FROM: 81 TRW/JAI
500 Fisher Street Rm 227
Keesler AFB, MS 39534-2553

SUBJECT: Legal Review, Administrative Discharge — sigaqagaiaaanaandlaanen.

1. ACTION: On 5 Oct 01, 332 TRS/TRM recommended that ji: (hereafter

referred to as “Respondent”) be administratively separated for minor disciplinary infractions with a
general discharge characterization. The authority for this recommendation is AFI 36-3208, Section

H, paragraph 5.49 (minor disciplinary infractions). Under paragraph 6.2.2, the respondent is not
entitled to a board hearing.

2. PERSONAL DATA:
a. Date and Term of Enlistment: 16 Jan 01, 6 Years;
b. Total Active Federal Military Service Date: 16 Jan 01;

c, Performance Reports: N/A.

3. EVIDENCE FOR THE GOVERNMENT:

a. On 20 Sep 01, the Respondent failed to obey the order of the 81 TRW/CC by leaving the
confines of Keesler Air Force Base, and being observed driving a privately owned vehicle off-base, for
which he received a Letter of Reprimand, dated 26 Sep 01.

b. On 13 Aug 01, the Respondent was observed sleeping on his post by. Wee, for which
he received a Letter of Reprimand, dated 26 Sep 01. In addition, on the same day, }
observed the Respondent as having a groomed beard in violation of his shaving waiver.

c. On 8 Aug 01, the Respondent failed to attend a mandatory formation, for which he received a
Letter of Counseling, dated 10 Aug 01. ,

d. On 2 Jul 01, the Respondent drove a privately owned vehicle on base in violation of the Second

Air Force Phase Program and then parked the vehicle in the 81 TRG/CC’s parking space, for which he
received a Letter of Reprimand, dated 3 Jul 01.

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.
FIO LOO2-O2SS

e. On 30 Jun 01, the Respondent failed to adhere to the posted curfew of the Second Air Force
Phase Program, for which he received a Letter of Counseling, dated 3 Jul 01.

f. On 20 Apr 01, the Respondent addressed a student leader as a “punk ass” after being addressed
by him for talking in formation, for which he received a Letter of Counseling, dated 24 Apr 01.

g. On 13 Mar 01, the Respondent violated the Second Air Force Phase Program by not having any
AETC Form 341 on his person, and having a cell phone in uniform as noted on AETC Form 341 by

GRD fated 13 Mar 01.

4. EVIDENCE FOR THE RESPONDENT: This 19-year old airman is in his first enlistment and
has AQE scores as follows: A - 63, E - 67, G- 66, M - 45, The Respondent waived his right to

consult with counsel, and elected not to submit a written response for the commander’s
consideration.

5. DISCUSSION: This file is legally sufficient. The Respondent had various disciplinary
infractions throughout his time on station. We concur with the 332 TRS/TRM’s recommendation of
a general discharge. If a member’s service has been honest and faithful, a general discharge is
warranted when significant negative aspects of the member’s conduct or performance of duty
outweigh positive aspects of the member’s military record. Respondent’s behavior warrants such a
characterization. We also concur with 332 TRS/TRM’s recommendation against offering
respondent probation and rehabilitation. The respondent has been given opportunities 1o improve,
and to this date fails to show any improvement. Further attempts at probation and rehabilitation
would likely prove unsuccessful. |

6. OPTIONS: As the Separation Authority your options are:

a. If you determine this separation action is not supported by the evidence, direct that it be
discontinued, and direct the respondent be retained in the Air Force.

b. If you detennine this separation action has been brought under an inappropriate section of
AFI 36-3208, direct reinitiation under a more appropriate section.

c. If you determine this separation action is supported by the evidence, approve the
separation action and direct the respondent be given a general discharge, with or without probation

and rehabilitation, for minor disciplinary infractions under the provisions of AFI 36-3208, paragraph
5.49.

d. If you determine this separation action is supported by the evidence, but believe an

honorable discharge is appropriate, make that recommendation and forward the file to 2 AF/CC for
further disposition.

e. If you determine that an under other than honorable conditions discharge is appropriate

under paragraph 5.49, direct a discharge board be convened, and forward the file to 332 TRS/TRM
for processing.

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.
FLIOLOO2- O29

7. RECOMMENDATION: Approve respondent's separation with a general service
characterization, without probation and rehabilitation, for minor rad infractions under the

provisions of AFI 36-3208, Chapter 5, Seoaon H A

   

Discharge Clerk

  
  

I concur.

hief, Administrative Discharge Branch
Attachment
Case File

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.
FeO 2.002.-O2 SF

  
  

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

5 Oct 6!

FROM: 332 TRS/TRM

SUBJECT: Notification Memorandum

1, Tam 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, Chapter 5, Section H,
paragraph 5.49. If my recommendation is approved, your discharge will be described as
honorable or general. ] am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On 20 Sep 01, you failed to obey the order of the 81 TRW/CC by leaving the confines of

Keesler Air Force Base, and being observed driving a privately owned vehicle off-base, for which
you received a Letter of Reprimand on 26 Sep 01. (Atch 1, Appendix A w/atch)

b. On 13 Aug O1, you were observed sleeping on your post bya | ; Be. for which you
received a Letter of Reprimand on 26 Sep 01. In addition, on the same day; y observed
you as having a groomed beard in violation of your shaving waiver. (Atch 1, Appendix B w/atch)

c. On 8 Aug 01, you failed to attend a mandatory formation, for which you received a Letter of .
Counseling on 10 Aug 01. (Atch 1, Appendix C)

d. On2 Jul 01, you drove a privately owned vehicle on base in violation of the Second Air Force
Phase Program and then parked the vehicle in the 81 TRG/CC’s parking space, for which you
received a Letter of Reprimand, dated 3 Jul 01. (Atch 1, Appendix D w/atch)

e. On 30 Jun 01, you failed to adhere to the posted curfew of the Second Air Force Phase
Program, for which you received a Letter of Counseling, dated 3 Jul 01. (Atch 1, Appendix E
w/atchs)

f. On 20 Apr 01, you addressed a student leader as a “punk ass” after being addressed by him for
' talking in formation, for which you received a Letter of Counseling on 24 Apr 01. (Atch 1,
Appendix F w/atchs)

Form 341 on your person, and having a cell phone in uniform as noted on AETC Form 341 by F

g. On 13 Mar 01, you violated the Second Air Force Phase Program by not having any oy )
alaliinggg sated 13 Mar 01. (Atch 1, Appendix G)
FOLOO2- O25F

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 higher 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. Any special pay, bonuses, or education assistance funds may be
subject to recoupment.

4, You have the right to consult legal counsel. Military | | has been obtained to assist
you. [have made an appointment for you to consult at Bldg 0701, Room
I

102, on at hours. You may corisult¢ivilian counsel at your own
expense.

5. You have the right to submit statements on your, half, Any statements you want the
separation authority to consider must reach me b by 1630 hours unless you
request and receive an extension for good cause shown. 1] nd 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 report to 81° Medical Group,

Physical Examson 4 (20-1 , 2001 at 0700 for the examination.

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 Bldg 67507 _, CQ.

9. Execute the attached acknowledgment and retum it to me immediately.

   
 

‘Commander, Military Training Flight
Attachments:
1. Supporting Documents
Letter of Reprimand, dated 26 Sep 01 w/atchs
Letter of Reprimand, dated 15 Aug.01 w/atchs
AF Form 174, dated 10 Aug 01 w/atchs
Letter of Reprimand, dated 3 Jul 01 w/atchs
AF Form 174, dated 3 Jul 01 w/atchs
AF Form 174, dated 24 Apr 01 w/atchs

g. AETC Form 341, dated 13 Mar 01
2. Airman’s Receipt of Notification Memorandum
3. Airman’s Statement

4. Medical Examination

moao op

ATCH 1