NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

X PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

  

MEMBERS SITTING

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ISSUES INDEX NUMBER

   

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 EXBIBIEG SURN
ORDER APPOINTING THE Bi
APPLICATION FOR REVIEW OF DISCHARGE

 

 

A92.22 A67.10

A94.06 A92.24

HEARING DATE CASE NUMBER
FD-2002-0293

13 MARCH 2002

 

1
2
3 | LETTER OF NOTIFICATION
4

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAI. APPEARANCE

 

 

 

TAFE RECORDING OF PERSONAL APPERANCE HEARING
[A} CAI Fit}

 

Case heard at Washington, D.C,

Advise applicant of the decision of the Board.
+ Secretarial Authority

* Upgrade of RE Code

 

SIGNATURE OF R

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

 

 

 

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

1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHO FORM 0-2077, JAN 00 (EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0120

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, Maryland on 13 March 2003.

The following exhibits were submitted at the hearing:

Exhibit #6: Two Letters of Recommendation

Exhibit #7: College Transcript

Exhibit #8: AF Form 899 (PCS Order)

Exhibit #9: 2 Letters of Commendation (18 March 2000 and 9 August 2000)

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

FINDINGS: The discharge is upgrade to Honorable and the reason for discharge is changed to Secretarial
Authority. Change in RE code is approved.

Issues. The applicant received a General Discharge on 21 May 2001 for Misconduct — Minor Disciplinary
Infractions. The applicant committed a series of minor infractions over the course of his 1 year and 2
months of military service, beginning with his use of a codeine-containing medication, which was not
prescribed to him, but which he was offered and accepted for relief of a headache. The applicant received a
waiver of this offense and was retained on active duty. The next significant offense involved the member’s
unauthorized absence from his assigned dormitory and his underage consumption of alcoholic beverages,
while staying at an off-base motel. For this offense the applicant received an Article-15 and was remanded
to Correctional Custody. The applicant does not deny either of the aforementioned offenses, but presented
testimony that he only wanted to spend time with his girlfriend prior to his upcoming PCS to Kadena AB,
Japan. It is the occurrence of an incident while the applicant was in Correctional Custody, which ultimately
resulted in his discharge, and upon which the DRB based its decision to grant the applicant relief. The
applicant was given his second Article-15 for assaulting a fellow “correctee” during an indoctrination of
“newbees”, a term for newcomers to the correctional facility. The applicant denies inflicting harm to
anyone, and that he was only trying to prevent an unintended injury by attempting to remove a sharp object
from a fellow “correctee’s” hand. After making an unsuccessful attempt, the applicant states that he
retreated and was no longer involved in the indoctrination activities. The Board opined the indoctrination, in
which the applicant and several other members participated, was likely known to supervisory authorities
and considered it plausible the applicant had no intent to do personal harm by attempting to remove a sharp
object (pen) from a fellow “correctee’s” hand. The DRB considered the signed statements from the several
witnesses (also participants), the almost universal inconsistencies in each version of who initiated or was
directly involved in the assaulting behavior, some of which reflected the applicant was far-removed from
inflicting any trauma, the applicant’s post-service successes in college, and the position of high trust and
responsibility he has attained in the food service industry, in granting relief to the applicant.

CONCLUSIONS: The Discharge Review Board (DRB) 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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of the
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge
is more accurately described as Secretarial Authority. The applicant’s characterization and reason for
discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC.

Attachment:
Examiner’s Brief
je.

FD2002-0293
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

Ee (Former AB) (HGH AB)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/05/21 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, to Change the RE Code, and Change the Reason and Authority for
Discharge.

2. BACKGROUND:

a. DOB: 81/08/07. Enlmt Age: 18 7/12. Disch Age: 20 3/12. Educ: HS DIPL.
AFOT: N/A. A-81, E-76, G-80, M-82. PAFSC: 2A616 - Aircraft Electronics &
Environmental Systems Helper. DAS: 00/05/08.

b. Prior Sv: (1) AFRes 00/03/08 - 00/03/21 (14 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 00/03/22 for 6 yrs. Svd: 01 Yrs 02 Mo 00 Das, all AMS.
b. Grade Status: None.
c. Time Lost: None.

d. Art 15’s: (1) 07/04/03, Sheppard AFB, TX - Article 128. You did, on
or about 16 Feb 01, assault qm- ~----- by grabbing
him with your hands. Forfeiture of $250.00 pay per
month for 2 months, restriction to the limits of
Sheppard AFB for 30 days, and a reprimand. (No appeal)
(No mitigation)

(2) 01/02/07, Sheppard AFB, TX ~- Article 92. You did, on
divers occasions between on or about 6 Jan 01 and on or
about 10 Jan 01, violate a lawful general instruction,
to wit: paragraph 2.1.8, Sheppard AFB Instruction 36-
2902, dated 15 Oct 97, by wrongfully entering a local
area motel. You did, on or about 10 Jan O01, violate a
lawful general instruction, to wit: paragraph 2.1.11,
Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by
wrongfully consuming alcoholic beverages while under
the legal drinking age of 21. You did, on or about 10
Jan 01, violate a lawful general instruction, to wit:
paragraph 7.3.4, Sheppard AFB Instruction 36-2902,
dated 15 Oct 97, by wrongfully failing to return to and
remain in your assigned dormitory room from 2200 to
0400. Forfeiture of $250.00 pay per month for 2
months, and 30 days correctional custody. (No appeal)
(No mitigation)
FD2002-0293

e. Additional: LOC, 30 AUG 00 - Failure to go.
LOR, 12 SEP 00 - Use of medication prescribed to someone

Elge.

£. CM: None.
g. Record of SV: None.

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (02) Mos (14) Das
TAMS: (O01) Yrs (02) Mos (00) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/17.
(Change Discharge to Honorable, Change the RE Code, and Change the Reason

and Authority for Discharge)

Issue 1: My goal for many years was to be an aviator in the military and I
still wish to achieve this goal. Unfortunately, my present situation precludes
me from obtaining this goal. I was a highly motivated airman and I enjoyed the
time that I spent in the service. I highly regret the mistakes that were made
while I was in service. The consequences have most definitely been a huge
learning experience. I never wished to be released from the military and I also
never meant to be in these situations. But I can say that I have learned and
matured over the past year of being a civilian and I still have high hopes of
reentering the military and taking my lessons learned with me.

ATCH

1. VA Form 21-22, 17 May 02.

2. Congressional Correspondence.
3. DD Form 214.

02/10/11/ia
FDi00z2- 02 Z3

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

15 May 01
MEMORANDUM FOR 782 TRG/CC

FROM: 82 TRW/JAC

SUBJECT: on Review, Recommendation for Discharge —qigjgmellaeiiiiiiaagaaiiaits

1. We have reviewed this discharge case file and find it legally sufficient to support discharge in
accordance with the provisions of AFI 36-3208. Based upon our review, we conclude that the

incidents documented within this file sufficiently en Pai discharge from the

Air Force. We concur with the 364 TRS/CC that hould be discharged with an
under honorable conditions (general) discharge in accordance with AFI 36-3208, paragraph 5.49
(minor disciplinary infractions).

2. Basis for Action, On 7 May 01, the 364 TRS/CC notified @@attaiethat he was
recommending that sete) discharged from the service due to his misconduct.

3. Evidence for the Commander. The preponderance of the evidence in the case file supporting
the commander’s recommendation consists of the following:

a. The respondent did, at or near Sheppard AFB TX, on or about 16 Feb 01, assault
oem: grabbing him with his hands. For this misconduct, he received an
Article 15 on 3 Apr 01.

b. The respondent did, at or near Sheppard AFB TX, on divers occasions, on or about
6 Jan 01 and on or about 10 Jan 01, violate a lawful general instruction, to wit: SAFBI 36-2902,
paragraph 2.1.8, dated 15 Oct 97, by wrongfully entering a local area motel. For this misconduct
and subparagraphs “c” and “d” below, he received an Article 15 on 7 Feb 01.

c. The respondent did, at or near Sheppard AFB TX, on or about 10 Jan 01, violate a lawful
general instruction, to wit: SAFBI 36-2902, paragraph 2.1.11, dated 15 Oct 97, by wrongfully
consuming alcoholic beverages while under the legal drinking age of 21.

d. The respondent did, at or near Sheppard AFB TX, on or about 10 Jan 01, violate a lawful
general instruction, to wit: SAFBI 36-2902, paragraph 7.3.4, dated 15 Oct 97, by wrongfully
failing to return to and remain in his assigned dormitory room from 2200 to 0400.

e. The respondent did, at or near Sheppard AFB TX, on or about 30 Aug 00, fail to go at the
time prescribed to his appointed place of duty, to wit: scheduled appointment with the Substance
Abuse Clinic. For this misconduct, he received a Letter of Counseling on 30 Aug 00.

4. Additional Information, The respondent is 19 years old, began his present enlistment on
22 Mar 00, and was assigned to his unit on 8 May 00. His ASVAB scores are as follows: A — 81,
E— 76, G— 80, and M - 82. The respondent is entitled to wear the Air Force Training Ribbon.

   
 

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He has waived his right to consult with counsel and has waived his right to submit statements for
your consideration.

5. We note an administrative irregularity in that the Notification Memorandum is dated 7 May 01
but was not acknowledged till 8 May 01. This minor administrative error is of no consequence in
light ofS written waiver to seek counsel or submit statements. We note no other
administrative errors and concur with the commander for an under honorable conditions (general)
discharge.

6. In accordance with AFI 36-3208, your options are to:

a. Direct SAIABRs retention;

b. Suspend an under honorable conditions (general) discharge and recommend Probation and
Rehabilitation;

c. Direct his discharge with an under honorable conditions (general) discharge; or

d. Recommend thatqjliggee be discharged with an honorable discharge. If you
determine an honorable discharge is appropriate, this file must be forwarded to 2 AF/CC since
only a General Court-Martial Convening Authority may approve an honorable discharge
characterization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4).

a
7. If you have any questions regarding this matter, please contact [pike at

ext 6-7186.

 

Major, USAF
Deputy Staff Judge Advocate

Attachment:
Case File
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

FROM: 364 TRS/CSS

SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for minor disciplinary

~ infractions. The authority for this action is 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 action are:

a. You did, +: or near Sheppard AFB TX, on or about 16 Feb 01, assau]t@aqgygpniaaiiilaaiipinyy
mel grabbing him with your hands. For this infraction you received an Article 15 on 03
Apr 01.

b. You did, at or near Sheppard AFB TX, on divers occasions between on or about 6 Jan 01
and on or about 10 Jan 01, violate a lawful general instruction, to wit: paragraph 2.1.8, Sheppard
Air Force Base Instruction (SAFBD 36-2902, dated 15 Oct 97, by wrongfully entering a local
area motel. For this infraction and subparagraphs “c” and “d” below, you received an Article 15
on 07 Feb 01.

c. You did, at or near Sheppard AFB TX, on or about 10 Jan 01, violate a lawful general
instruction, to wit: paragraph 2.1.11, SAFBI 36-2902, dated 15 Oct 97, by wrongfully
consuming alcoholic beverages while under the legal drinking age of 21.

d. You did, at or near Sheppard AFB TX, on or about 10 Jan 01, violate a lawful general
instruction, to wit: paragraph 7.3.4, SAFBI 36-2902, dated 15 Oct 97, by wrongfully failing to
return to and remain in your assigned dormitory room from 2200 to 0400.

e. You did, at or near Sheppard AFB TX, on or about 30 Aug 00, fail to go at the time
prescribed to your appointed place of duty, to wit: scheduled appointment with the Substance
Abuse Clinic. For this infraction you received a Letter of Counseling (LOC) on 30 Aug 00.
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 denied enlistment in any component of the
Armed Forces.

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 | Area Defense Counsel, at Bldg

1638, Room 110 ont May (O| » atl) IA Jhours. 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 )lunless 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 were scheduled for a medical examination on 18 Apr 01, 0930 hours.

7. Any personal information you famish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the 364 TRS commander’s support staff office.

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

 

Attachments: (listed on next page),
SaaS eee

FP PWWw WH WW WwW rn nr nN rm NN NM MN ee RR eH Re ee Re Oo
WN SOO tOTNA MPR WN RK CUO MAI A MAP WNHe THO MATA MHP WHR oO

44,

  
  
   
   
  
  
  
   
   
   
  
   
  
  
  
    
  
   
  

AF Form 3070, 03 Apr 01
Response Article 15, 29 Mar 01
AF Form 3545, 01-02-261
AF Form 1168, , 18 Feb 01
AF Form 1168, 16 Feb 01
AF Form 1168, wali, 19 Feb 01
AF Form 1168, <@RRGRMM 16 Feb 01
AF Form 116 17 Feb 01
AF Form 5 Feb 01
. AF Form 1168, § Me, 16 Feb 01
. AF Form 1168, § Wie 17 Feb 01
_ AF Form 11684 16 Feb 01
. AF Form 1168, am gh 17 Feb 01
. AF Form 1168, SM We: 16 Feb 01
. AF Form 1168, Wem 16 Feb 01
_ AF Form 1168, SS 17 Feb 01
_ AF Form 1168, i M18 Feb 01
. AF Form 1168, Zilli, 16 Feb 01
_ AF Form 1168, Aa 18 Feb 01
. AF Fonn 1758, Met 16 Feb 01
_ AF Form 1168, Mi, 18 Feb 01
. AF Fort 1168, § 16 Feb 01
. AF Form 1168, @ mer, 18 Feb 01
_DD Form 629, AQ 17 Feb 01
. DD Form 629, Oi, 17 Feb 01
. DD Form 629, A » 17 Feb 01
. DD Form 629, 9a 7 Feb 01
. DD Form 629, 4 iy. 8 Feb 01
. DD Form 629, Aaga@iitiuel, 18 Feb 01
. DD Form 629, # tec, 18 Feb 01
.DD Form 629, j mm 18 Feb 01
. DD Form 629, | wi8 Feb 01

_ 82 SES/CC Melo, 17 Feb 01

. 82 SFS/CC Memo, 617 Feb 01
. 82 SFS/CC Memo, a »17 Feb 01

  
   
 

. 82 SFS/CC Memo, SM, 18 Feb 01

. 82 SFS/CC Memo, Sana 18 Feb 01
. 82 SFS/CC Memo, sae? 18 Feb 01

. 82 SFS/CC Memo, yageam 18 Feb 01

. 82 SES/CC Memo, SRE 18 Feb 01

_ 82 SFS/CC Memo,