AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

  
 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB =i
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
| COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
X
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
_— X
xX
xX
Xx
x

 

 

 

 

 

 

 

    

   

 

EXHIBITS SUBMITIED TO THE BOARD
ORDER APPOINTING THE BOARD

ISSUES

A95,00

INDEX NUMBER

467.10, A49.00

      

   
 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION

  

 

ep ey Se

    

 

HEARING DATE

15 NOV 02

CASE NUMBER BRIEF OF PERSONNEL FILE

FD2002-0284 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.

 

 

 

 

REMARK:

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.,

 

SIGNATURE OF BOARD PRESIDENT

 

INDORSEMENT DATE: 15 NOV 02

  
  

 

 
  

 

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

1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

  

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

 

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0284

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the RE Code.

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 an
Article 15 for consuming alcohol under the age of 21. He also received an AETC Form 125A for
continuous pattern of misconduct and failure to abide by the rules and regulations set forth by the Air Force.
In addition, he received three Letters of Reprimand for failing to abide by the phase program, willful
dereliction of duty, and failure to go. 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
FD2002-0284
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aie (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/12/19 UP AFI 36-3208,
para 5.26.3 & 5.49 (Unsatisfactory Performance and Misconduct - Minor

Disciplinary Infractions). Appeals for Honorable Discharge and to Change the RE
Code.

2. BACKGROUND:

a. DOB: 81/02/07. Enlmt Age: 19 9/12. Disch Age: 20 10/12. Educ: HS DIPL.

AFOT: N/A. A-55, E-57, G-53, M-36. PAFSC: 4N011 - Medical Service Helper.
DAS: 01/07/01.

b. Prior Sv: (1) AFRes 00/11/29 - 01/01/22 (1 month 24 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 01/01/23 for 4 yrs. Svd: 00 Yrs 10 Mo 27 Das, all AMS.

b. Grade Status: AB - 01/10/19 (Article 15, 01/10/19)
AMN - Unknown.

ec. Time Lost: None.

a. Art 15's: (1) 01/10/19, Travis AFB, CA - Article 92. You, who knew
of your duties, on or about 11 Aug 01, were derelict in
the performance of those duties in that you willfully
failed to refrain from consuming or possessing alcohol
until over the age of 21 years, as it was your duty to
do. Reduction to AB, and 15 days extra duty.

(No appeal) (No mitigation)

e. Additional: AETC 125A, 29 OCT 01 ~- Continuous pattern of misconduct and

failure to abide by the rules and
regulations set forth by the Air
Force.

LOR, 21 JUN 01 - Failing to abide by the phase program.

LOR, 06 AUG 01 - Willful dereliction of duty.

LOR, 19 NOV 01 - Failure to go.

f. CM: None.

g. Record of SV: None.

(Discharged from Travis AFB)

h. Awards & Decs: AFTR.
FD2002-0284

1. Stmt of Sv: TMS: (01) Yrs (00) Mos (21) Das
TAMS: (00) Yrs (10) Mos (27) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/02.
(Change Discharge to Honorable,and Change the RE Code.)

NO ISSUES SUBMITTED.

ATCH
None.

02/07/02/ia
FD 2022- d284

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 60TH AIR MOBILITY WING (AMC)

 

\
i 1 DEC tin
MEMORANDUM FOR 60 AMW/CC

FROM: 60 AMW/JA
510 Mulheron Street
Travis AFB CA 94535-2406

SUBJECT: Legal Review of Administrative itllioa Under AFI 36-3208,

AB Berane: ‘60th Medical Support Squadron

1. Introduction: This action is legally sufficient. On 4 Dec 01, 60 MDSS/CC initiated
discharge action against AB GRIF (Respondent) pursuant to AFI 36-3208, paragraph 5.26.3,
Unsatisfactory Performance, Failure to Progress in On-the-Job Training (OJT), and
paragraph 5.49, Misconduct, Minor Disciplinary Infractions. The 60 MDSS/CC recommended a
general service characterization without probation and rehabilitation (P&R) and 60 MDG/CC
concurred. This 20-year-old respondent has over 10 months of active duty service and has been
awarded the Air Force Training Ribbon. A detailed summary of his personal data is contained in
paragraph 2 of the Commander’s Recommendation for Discharge letter, dated 7 Dec 01. After
conferring with counsel, Respondent elected not to submit matters for the separation authority’s
consideration (Tab 3).

2. Basis for Discharge:

a. Unsatisfactory Performance, Failure in On-the-Job Training (OJT), Paragraph 5.26.3

On 29 Sep 01, Respondent was disenrolled from Phase II of Course No. JSABO4NO31-

000 at Sheppard AFB, Texas, due to his continuous pattern of misconduct and unwillingness to
abide by the rules and regulations set forth by the Air Force, as evidenced by AETC Form 125A.

 

b. Misconduct, Minor Disciplinary Infractions, Paragraph 5.49

(1) On or about 20 Jun 01, while in Phase I of Course No. JBAQR4N031, Medical
Service Apprentice, at Sheppard AFB TX, Respondent was seen at the Base Exchange in civilian
clothes, in violation of an order listed in Appendix C of the 882° Training Guide dated
15 Mar 01. For this, Respondent received a letter of reprimand (LOR), dated 21 Jun 01, with
establishment of an unfavorable information file (UIF) on 26 Jun 01.

 

(2) On or about 30 Jul 01, Respondent was derelict in the performance of his duties, in
that he failed to wear one of his student badges above his name strip, as instructed.

(3) Further, on or about 1 Aug 01, Respondent was given permission to leave the
Surgical Nursing Unit to pick up airplane tickets at the base terminal. He was gone for over two
hours and did not call his section. Upon returning from the base terminal, Respondent left the
fvz002-o029¢4

facility for lunch and was gone for over an hour, knowing this was not allowed. For the actions
described in paragraphs 2b(2) and 2b(3), Respondent received an ILOR, dated 6 Aug 01, which
was placed in his existing UIF on 15 Sep 01.

(4) On or about 11 Aug 01, Respondent was derelict in the performance of his duties, in
that he willfully failed to refrain from consuming or possessing alcohol while under 21 years of
age, in violation of Article 92, UCMJ. For this misconduct, Respondent received an Article 15,
dated 19 Oct 01, which was placed in his existing UIF on 29 Oct 01. Punishment consisted of
reduction to the grade of airman basic and 15 days of extra duty.

(5) On or about | Nov 01, Respondent failed to go to his appointed place of duty at the
prescribed time, for which he received an LOR, dated 19 Nov 01.

3. Appropriateness of Discharge:

 

a. Airmen are subject to discharge for unsatisfactory performance based on the documented
failure to meet Air Force standards. Airmen should be discharged when their unsatisfactory
performance or conduct shows they are not qualified for service in the Air Force. Performance in
the Air Force includes, but is not limited to, work done as assigned duties, military on-the-job
training, bearing, and behavior. Respondent’s disenrollment from his training course mentioned
in paragraph 2a demonstrates there is a basis for discharge under paragraph 5.26.3.

b. Airmen occupy a unique position in society, representing the military 24 hours a day.
This special status carries with it an obligation to uphold and maintain the dignity and good
reputation of the Air Force at all times and in all places. In keeping with this, minor disciplinary
infractions in the current enlistment make an airman subject to discharge. Infractions under
paragraph 5.49 may involve failure to comply with nonpunitive regulations, or minor offenses
under the UCMJ. Respondent’s disciplinary infractions, listed in paragraph 2b, support
discharge under paragraph 5.49,

c. If you are convinced there is a basis for discharge under paragraph 5.26.3 and
paragraph 5.49, you may look at Respondent’s entire military record to decide whether it is
appropriate to discharge him at this time. "

d. Given Respondent’s repeated infractions and failure to progress in OJT requirements,
there are sufficient grounds for discharge and, in light of his record as a whole, it is appropriate

to discharge him at this time.

4. Characterization of Service:

a. Pursuant to AFI 36-3208, table 1.3, discharges under paragraph 5.26.3 may be
characterized as Honorable or General, and discharges under paragraph 5.49 may be
characterized as Honorable, General, or Under Other Than Honorable Conditions (UOTHC). An
honorable characterization is appropriate when the quality of a member’s service has generally
met Air Force standards of acceptable conduct and performance of duty or has been so
meritorious that any other characterization would be clearly inappropriate. Respondent’s record
does not meet this standard. A general discharge, instead, is appropriate when an airman’s
FD 2802-028F

service has been honest and faithful, but significant negative aspects of the airman’s conduct or
performance of duty outweigh any positive aspects of the airman’s military record. A UOTHC
discharge, on the other hand, is appropriate when the grounds for discharge are based on a
member’s acts or omissions that significantly depart from conduct expected of airmen.

b. The 60 MDSS/CC recommended a general service characterization. I agree. A general
discharge is more appropriate because there are significant negative aspects of Respondent’s
record that outweigh the positive aspects of his military career. In a span of 5 months,
Respondent received three LORs and an Article 15 for repeated misconduct. He was disenrolled
from his traiming course as a result of these. Given the nature of Respondent’s unsatisfactory
performance and repeated misconduct, and his time in the Air Force, it is unlikely a board of
officers would recommend a UOTHC discharge. Accordingly, I concur with both commanders’
recommendations for a general discharge.

5. Probation and Rehabilitation (P&R): P&R is clearly inappropriate in this case. According
to AFI 36-3208, paragraph 5.2, airmen should have an opportunity to overcome their deficiencies
before discharge action is initiated. A commander’s efforts to rehabilitate an airman may include
formal or informal counseling, control roster action, punishment under Article 15, UCMBJ, a
change in duty assignment, demotion, additional training or duty, retraining, or other
administrative action. P&R should be offered, when it is reasonably possible to do so, to those
airmen (a) who have demonstrated a potential to serve satisfactorily, (b) who have the capacity
to be rehabilitated for continued military service or for completion of the current enlistment, and
(c) whose retention on active duty in a probationary status is consistent with the maintenance of
good order and discipline in the Air Force. Respondent has already been given numerous
chances to correct his behavior, as reflected in the above-noted disciplinary actions. Despite
these corrective measures, however, he failed to change. Therefore, retaining Respondent, even
in a probationary status, would most likely not produce the desired results, but be contrary to the
maintenance of good order and discipline at Travis AFB.

 

6. Options: As the Special Court-Martial Convening Authority, you approve or disapprove
recommendations for discharge processed by notification according to chapter 6, section B,
resulting in general discharge under section H (paragraph 5.56 of AFI 36-3208). According to
paragraph 6.45, if you direct discharge for more than one reason, the instrument directing
discharge must cite the primary reason, In this case, paragraph 5.49, Misconduct, Minor
Disciplinary Infractions, should be the primary basis because it better reflects the underlying
rationale for the discharge action. Your options are to

a. direct that this action be withdrawn and retain Respondent,

b. discharge Respondent with a general discharge, with or without P&R, citing either
paragraph 5.26.3 or 5.49 as the primary reason,

c. forward the case to the 15 AF/CC with a recommendation for an honorable discharge,
with or without P&R, citing either paragraph 5.26.3 or 5.49 as the primary reason, or

d. direct reinitiation of processing, pursuant to AFI 36-3208, chapter 6, section C - Board
Hearing or Board Waiver, if you believe a UOTHC is warranted.
Frace2-sZ8F

7. Recommendation: Discharge Respondent with a general discharge without P&R by signing
the letter at attachment 1, using paragraph 5.49 as the primary reason for discharge.

 

Attachments:

1. Proposed Letter.
2. Case File (AB

I concur.

   

Staff Judge Advocate
FOR002- S284

DEPARTMENT OF THE AIR FORCE
60TH MEDICAL SUPPORT SQUADRON (AMC)

 

Ybec¢]
MEMORANDUM FOR A aR RRS: agagunastD 60 vinss

FROM: 60 MDSS/CC
101 Bodin Circle
Travis AFB CA 94535-1800

SUBJECT: Notification Memorandum

1. I am recommending you be discharged from the United States Air Force pursuant to AFI 36-
3208, paragraph 5.26.3, Unsatisfactory Performance, Failure to Progress in On-the-Job Training
(OJT), and paragraph 5.49, Misconduct, Minor Disciplinary Infractions. If my recommendation is
approved, your service may be characterized as Honorable, General, or Under Other than Honorable
Conditions. I am recommending that your service be characterized as General.

2. My reasons for this action are:

a. Unsatisfactory Performance, Failure to Progress in On-the-Job Trainin OST.
Paragraph 5.26.3.

 

On 29 Sep 01, you were disenrolled from Phase II of Course No. JoABO4NO31-000 at Sheppard
AFB, Texas, due to your continuous pattern of misconduct and unwillingness to abide by the rules
and regulations set forth by the Air Force. This is evidenced by AETC Form 125A (Atch I, Tab 1).

b. Misconduct, Minor Disciplinary Infractions, Paragraph 5.49.

 

(1) On or about 20 Jun 01, while in Phase I, of Course No. J3AQR4N031, Medical Service
Apprentice, Sheppard AFB, Texas, you were seen at the Base Exchange in civilian clothes, in
violation of an order listed in Appendix C of the ggond Training Group, dated 15 Mar 0]. For this,

you received a letter of reprimand (LOR), dated 21 Jun 01, with establishment of an unfavorable
information file (UIF) on 26 Jun 01 (Atch 2, Tab 1).

 

(2) On or about 30 Jul 01, you were derelict in the performance of your duties, in that you failed
to wear one of your student badges above your name strip, as instructed.

(3) Further, on or about 1 Aug 01, you were given permission to leave the Surgical Nursing Unit
to pick up airplane tickets at the base terminal,. You were gone for over two hours and did not call
your section. In addition, upon returning from the base terminal, you left the facility for lunch and
were gone for over an hour despite the fact that you. knew this was not allowed. For the actions
described in paragraphs 2b(2) and 2b(3), you received an LOR, dated 6 Aug 01, which was placed in
your existing UIF on 15 Sep 01 (Atch 3, Tab.1). .

(4) On or about 11 Aug 01, you were derelict in the performance of your duties in that you
willfully failed to refrain from consuming or possessing alcohol while under 21 years of age, in
| PD fo02~ S234

violation of Article 92, UCMJ. For this misconduct, you received an Article 15, dated 19 Oct O01,
which was placed in your existing UIF on 29 Oct 01. Punishment consisted of reduction to the grade
of airman basic and 15 days of extra duty (Atch 4, Tab 1).

(5) On or about 1 Nov 01, you failed to go to your appointed place of duty at the prescribed
time, for which you received an LOR, dated 19 Nov 01 (Atch 5, Tab 1).

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 are to 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 any special pay, bonus monies, or education assistance funds may be subject to
recoupment. .

4. You have the right to consult with an attorney. Military legal counsel has been obtained to assist

you. 1 have made an appointment for you to speak with Captain QUIN, Area

Defense Counsel, 540 Airlift Drive, Bldg. 381, Suite D-100. Travis AFR. California, 94535-2479,
DSN 837-4569; Commercial, (707) 424-4569, on Cal} for oa. poo! infanent You may also

consult civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you wish the
separation authority to consider must reach me. by (three workdays from service of this letter)
Thee gi , ho later than 1/430... __ hours, unless you request and receive an

extension for good cause. I will send the separation authority any documents you submit.

6. If you fail to consult with counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a separation physical examination on 26 Nov 01.

8. Any personal information you furnish in rebuttal will be covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Orderly Room.

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

 

Attachments:

AETC Form 125A, 29 Oct 01 w/Atchs

LOR, 21 Jun 01, w/1 Atch; AF Form 1058, 26 Jun 01
LOR, 6 Aug 01, w/1 Atch; AF Form 1058, 15 Sep 01
AF Form 3070, 19 Oct 01, w/3 Atchs

aay

LOR, 19 Nov 01