AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

   

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN RR
TYPE ~—
GEN PERSONAL APPEARANCE X RECORD REVIEW
LEOUNSEL |. NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO

 

x

 

 

 

WOTE OF THE BOARD™

 

 

 

MEMBERS SITTING HON GEN UOTHC ~~] OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

   

 

 

 

 

 

 

 

02-11-15 FD2002-0270 COUNSEL'S RELEASE TO THE BOARD

D4
X
Xx
x
X
ISSUES INDEX NUMBER oes EXBTBITS SUBMITTED TO THE BOAR
A92.37, A94.05, A93.01 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

 

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 REVI BOARD DECISIONAL RATIONALE: “pd

Sena DS rapa ees

REMARKS
Case heard at Washington, D.C.

 

 

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

  

 

SIGNATURE OF BOARD PRESIDENT

 

 

SAF/MIBR i, SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL.
550 C STRE EST, 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 | yp9992-0270

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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

FINDINGS: Upgrade of discharge is denied.

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

Issues. Applicant was discharged for minor disciplinary infractions. He had at least one verbal counseling,
four Records of Individual Counseling, two Letters of Reprimand, two Articles 15, an Unfavorable
Information File, and Control Roster action. His misconduct included six instances of failure to go,
sleeping on duty, and driving while intoxicated. At the time of the discharge, member consulted counsel
and submitted a statement in his own behalf requesting probation and rehabilitation, and submitted three
character references. The commander’s letter recommending discharge noted that all attempts to
rehabilitate member were unsuccessful, and retention would not be consistent with maintenance of good
order and discipline. Member now infers the discharge was too harsh because he should not have to
“continue to suffer” as a result of mistakes he made due to “youth and immaturity,” although with the
exception of one incident he denies, he admits what he did was wrong and has no excuse for his behavior.
Member requests clemency. The Board noted member had nine incidents in a 13-month period, thus clearly
establishing a pattern. The Board further noted that member was the same age as other airmen who adhere
to the standards when his misconduct occurred, and he knew right from wrong. He was counseled
repeatedly in an effort to help him correct his deficiencies and had many opportunities to improve his
behavior, He failed to respond to those rehabilitative efforts. He was mature and responsible for his
actions, and therefore was held accountable for them. Because the member received an administrative
discharge, not a punitive discharge, the Board must find and inequity or impropriety on which to base an
upgrade; clemency is not available as a reason for upgrading an administrative discharge. No inequity or
impropriety was found in this discharge in the course of the records review.

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
FD2002-0270
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

eae (Former AMN) (HGH Alc)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 92/04/30 UP AFR 39-10,

para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 71/11/06. Enlmt Age: 17 8/12. Disch Age: 20 5/12. Educ: HS DIPL.

AFOT: N/A. A-86, E-73, G-72, M-67. PAFSC: 46130 —- Munitions Systems
Specialist. DAS: 91/01/21.

b. Prior Sv: (1) AFRes 89/08/03 - 90/07/01 (10 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as 90/07/02 for 4 yrs. Svd: 01 Yr 09 Mos 29 Das, all AMS.

b. Grade Status: AMN - 92/03/31 (Article 15, 92/03/31).
Alc —- 91/11/02.
AMN - Unknown.

c. Time Lost: None.

d. Art 15's: (1) 92/03/31, Griffiss AFB, NY - Article 86. You did, on
or about 18 Mar 92, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Amn, suspended forfeiture of $440.00 pay
per month for 2 months, and 30 days réstriction.
(Appeal/Denied) (No mitigation)

WN 0) 9

(2) 91/02/19, Griffiss AFB, NY - Article 111. You, did,
on or about 9 Feb 91, at Chestnut street, adjacent to
the Mohawk Gate operate a vehicle, to wit: a passenger
car, while drunk. Suspended reduction to the grade of
AB, forfeiture of $150.00 per month for two months,

and 30 days correctional custody. (No appeal) (No
mitigation)

e. Additional: LOR, 27 NOV 91 ~ Dereliction of duties and asleep on duty.
RIC, 03 JUL 91 - Late to work.
LOR, 17 JUN 91 - Failure to go & late to work.
RIC, 29 Apr 91 - Late for work.
RIC, 18 APR 91 — Late for Bay Orderly.
RIc, 04 APR 91 - Failure to go and late for work on two
occasions.
FD2002-0270
f. CM: None.
g. Record of SV: None.
(Discharged from Griffiss AFB)
h. Awards & Decs: AFOUA, NDSM, AFTR.

i. Stmt of Sv: TMS: (02) Yrs (08) Mos (28) Das
TAMS: (01) Yr (09) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/19.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1. DD Form 214.

2. Letter to the Air Force Discharge Review Board (DRB).
3. Four Letters of Support.

4. Twenty Three Employee Data Records.

02/09/26/ia
HEADQUAATERS 416TH WING (SAG)

 

REPLY TO

ATTN OF: JA
suuect, Legal Review, Adminis ive Discharge, AFR 39-10
Paragraph 5-46, Amn F
TO: CC

F
infractions pursuant to AFR 39-10, paragraph 5-46.

_ 1 FPZ2O2-O 27°
‘DEPARTMENT OF THE AIR FORCE ~

GRIFFISS AIR FORCE BASE, NEW YORK 13441-5000

22 April 1992

apter 5, Section H,

A416 MMS (SAC)

, on 15 April 1992, for misconduct - minor disciplinary —

1. canes Discharge action was initiated against Ann 2 epeigiiRnilis

The case has been
processed by notification IAW AFR 39-10, paragraph 6-8.

Respondent's

commander has recommended a general discharge without probation and

rehabilitation,
recommendation,

Ze Facts:

 

a. For the Government:

 

For reasons set forth below, I concur with the commander's

(1) The respondent engaged in the following incidents:

 

 

Date Incident

9 Feb 91 Driving While
Intoxicated

29 Mar 91 Failure to Go at the

& Time Prescribed to

4 Apr 91 Appointed Place of Duty
18 Apr 91 Failure to Go at the
Time Prescribed to
Appointed Place of Duty
29 Apr 91 Failure to Go at the
Time Prescribed to
Appointed Place of Duty
13 dun 91 Failure to Go at the
Time Prescribed to
Appointed Place of Duty
3 Jul 91 Failure to Go at the

Time Prescribed to
Appointed Place of Duty

 

Peace...

 

Action

 

Article 15, UCMJ,
19 Feb 91

Written Counseling,
4 Apr 91

Written Counseling,
18 Apr 91

Written Counseling,
29 Apr 91

Letter of Reprimand,
17 Jun 91

Written Counseling,
3 Jul 91

» is our Profession
[rPZOOzZ-G27O

22 Nov 91 Dereliction of Duties/ Letter of Reprimand/
Asleep on Duty Unfavorable Informa-
tion File (UIF)/Con-

trol Roster Action

18 Mar 92 Failure to Go at the Article 15, UCMJ,
Time Prescribed to 7 Apr 92
Appointed Place of Duty

(2) Respondent has approximately one year 9 months of active and
inactive military service, Respondent has no Enlisted Performance Report
(EPR) on record due to insufficient period of supervision.

b. For the Respondent: Respondent has submitted a personal statement on
his own behalf with 3 attachments (see tab 3) for you to consider when making

your decision in his case, Respondent requests he be granted probation and
rehabilitation, or if discharged, that his service be characterized as
honorable,

3. Discussion:

a. Pursuant to AFR 39-10, paragraph 5-53, for this type of discharge,
you are the separation authority if respondent's service is characterized as
general, However, if respondent's service is characterized as honorable or
under other than honorable conditions (UOTHC), then the separation authority
is 8 AF/CC,

b. You may consider the above information to determine the following
issues:

(1) Is respondent subject to discharge;
(2) Should he be discharged;
(3) How should respondent's service be characterized,

Cc. Respondent is subject to discharge based on misconduct - minor
disciplinary infractions, pursuant to AFR 39-10, paragraph 5-46.

d. Respondent should be discharged. He has engaged in misconduct which
resulted in action under Article 15, UCMJ, twice. In addition, he has
received two letters of reprimand/unfavorable information file (UIF), four
Jetters of counseling and control roster action. He has demonstrated he is
unwilling to conform to Air Force rules and regulations, therefore he is
unable to serve in the United States Air Force.

e. Respondent's service should be characterized as general. AFR 39-10,
paragraph 1-18b provides that a general characterization 7s warranted when
significant negative aspects of the airman's conduct outweigh the positive
aspects of his/her military record. This characterization is appropriate.

f. You should note that a prerequisite to an under other than honorable
conditions (UOTHC) discharge entitles the respondent to have his case heard
by an administrative discharge board. A board hearing is not recommended due
to respondent's short time in service,
fUZaH2- 0270

g. Probation and rehabilitation are not appropriate in this case.
Respondent has not responded to the numerous corrective actions already taken,
He shows no future rehabilitative potential and will likely continue to be a
disruptive and undesirable influence in duty assignments. Retention is
not consistent with maintenance of good order, discipline, and morale of the
United States Air Force,

4. Conclusion:

 

a. The file is substantially in compliance with the provisions of AFR
39-10, and is legally sufficient to discharge the respondent prior to
expiration of his term of enlistment.

b. You have the following options:

(1) Direct the action be discontinued and the respondent retained if

you find the recommendation for discharge is not supported by a preponderance
of the evidence,

(2) Direct reinitiation under a more appropriate section of AFR
39-10, if you find the action was initiated under an inappropriate section,

(3) Direct reinitiation for processing according to AFR 39-10,
Chapter 6, Section C, if the issuance of an under other than honorable
conditions discharge may be warranted. The respondent will be entitled to
have his case heard by an administration discharge board.

(4) Forward the file to 8 AF/CC with your recommendation for an
honorable discharge.

(5) Approve the recommendation and order respondent separated with a
general discharge with or without probation and rehabilitation.

5. Recommendation: Approve the recommended discharge and separate the “
respondent with a general discharge without probation and rehabilitation. oO
Should that be your decision, your signature on the attached letter will
effegtmauch action,

      
 
 

= Oe, USAF 1 Atch |
Assistant Staff Judge’ Advocate Case File - Ann Sm

   

I concur.

| wae, Wept , USAF
Deputy Staff Judge Advocate
REPLY TO
ATTN OF:

SUBJECT:

Ta:

 FURDRZ-S2TE

DEPARTMENT OF THE AIR FORCE
416TH LOGISTICS GROUP (SAC)
GRIFFISS AIR FORCE BASE, NEW YORK 13441-5000

416 MMS/CC 15 APR 1992

Letter of Notification - Discharge Under the Provisions of AFR 39-10

1. I am recommending your discharge from the United States Air Force for
misconduct - minor disciplinary infractions. The authority for this action
is AFR 39-10, paragraph 5-46. If my recommendation is approved, your
service will be characterized as either honorable or general. I am recom-
mending that your service be characterized as general.

2. My reasons for this action are your acts of misconduct, as evidenced by
the following:

 

Date Incident Action

9 Feb 91 Driving While Article 15, UCMJ,
Intoxicated 19 Feb 91

29 Mar 91 Failure to Go at the Written Counseling,

& Time Prescribed to 4 Apr 91

4 Apr 91 Appointed Place of Duty

18 Apr 91 Failure to Go at the Written Counseling,
Time Prescribed to 18 Apr 91
Appointed Place of Duty

29 Apr 91 Failure to Go at the Written Counseling,
Time Prescribed to 29 Apr 91
Appointed Place of Duty

13 Jun 91 Failure to Go at the Letter of Reprimand,
Time Prescribed to 17 Jun 91
Appointed Place of Duty

3 Jul 91 Failure to Go at the Written Counseling,
Time Prescribed to 3 Jul 91
Appointed Place of Duty

22 Nov 91 Dereliction of Duties/ Letter of Reprimand/
Asleep on Duty Unfavorable Information

File (UIF)/Control Roster
Action

Peace .... ts our Profession
FI?PZOO2Z--S27o

18 Mar 92 Failure to Go at the Article 15, UCMJ, 7 Apr 92

Time Prescribed to
Appointed Place of Duty

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. If you are discharged, you will
be ineligible for reenlistment in the Air Force.

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
Captain , at Depot 1, 2nd floor, extension 2015, on
LS MP a Oc» ‘hours. You may consult civilian counsel at your

own expense.

4. You have the right. to submit statements in your own behalf, Any
Statements you want the separation authority to consider must reach me by

20 A4£L 92%, , (3 duty days) unless you request and receive an extension
for good cause shown. I 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 Griffiss AFB Hospital, physical exams section at Gq hours

on 44 4K 22 for the examination. Uniform of the 4 wi

ASO, PRIMARY CARE Ar OF00 Kewas, 7b AORP2, wire PA,

7. Any personal information you furnish in rebuttal is cov by the
Privacy Act Statement as explained in AFR 39-10, attachment 2. A copy of
AFR 39-10 is available for your use at the 416th MMS Unit Orderly Room.

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

 
   

' PaO
ee . 7 Major, USAF 2 Atchs
Commander 1. Supporting documents for the
reason for discharge:
a. AF Form 3070, (Article 15,
UCMJ), 19 Feb 91 w/7 Atchs:
1. AF Form 3070 Continua-
tion Sheet
2. Amn's Response to
Article 15, 15 Feb 91
3. SAC Form 751, (Sobriety
Determination Report), 9 Feb 91
4. AF Form 1168, (Statement
of Suspect), 9 Feb 91
5. AF Form 1169, (Statement
of Witness/SSgt » 9 Feb 91
6. DD Form > (Incident/

Complaint Report), 9 Feb 91
PDZO02Z-2272

7. 416 CSG/CC Ltr, (Revoca-
tion of On-Base Driving
Privileges), 9 Feb 91
b. AF Form 174, Record of
Individual Counseling, 4 Apr 91
c. AF Form 174, Record of
Individual Counseling, 18 Apr 91
d. AF Form 174, Record of
Individual Counseling, 29 Apr 91
e, Letter of Reprimand,

17 Jun 91

f. AF Form 174, Record of
Individual Counseling, 3 Jul 91
g. Letter of Reprimand/UIF,

27 Nov 91

h. AF Form 1058, Control
Roster Action, 11 Dec 91

i. AF Form 3070, (Article 15,
UCMJ), 7 Apr 92 w/5 Atchs:

1. AF Form 3070
Continuation Sheet

2. 416 WG/JA Ltr, (Recom-
mendation on Appeal of
Nonjudicial Punishment) 7 Apr 92

3. 416 MMS/CC Ltr, 6 Apr 92

4. Amn's Appeal of Article
15 Punishment Ltr, 6 Apr 92
w/2 Atchs:;

1. Financial Counseling
Documentation, 6 Apr 92

2. Performance Feedback
Worksheet, 26 Feb 9

5. Amn's Written Presenta-
tion to Article 15 Action,
27 Mar 92 w/9 Atchs:

1. Statement/MSgt

a. 25 Mar 92
| 2, Statement /Ssqt Qe.
25 Mar 92

3. Statement/SrA

GOP. incr
4. Statement/Ann ii

24 Mar 92
5. Statement/Amn ah
w/2 Atchs: .
1. Financial State-
ment
2. Leave & Earnings
Statements

6. Amn's List of Accom-
plishments at GAFB, NY
FPR 2022-5 270

7. 416 LG/CC Letter of
Appreciation, 5 Dec 91

8. 416 MMS/CCF Com-
manders Day Manning Support Ltr,
23 May 91

9. 1991 Intramural Soft-
ball Schedule

2. Amn's Acknowledgment of LON