' AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE _ | AFSN/SSAN
TYP
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL co | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD

 

MEMBERS SITTING HON “GEN | voTHC OTHER DENY

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER 4 ; 4 EXHIbiTS SUBMI T TED TOTHEROARD |
A94,05 A67.50 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE "|" CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
18 DEC 02 FD2002-0295 COUNSELS 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.

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

"0 INDORSEMENT BEN RN yee DATE: 18 DEC 02

 

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, 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 FD02-0295

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for
discharge and 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 neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: The applicant contends his discharge was inequitable because it was too harsh in that he gave aid
to the OSI pertaining to airmen using illegal drugs and due to his outstanding academic achievement. The
records indicated the applicant received two Article 15’s. The first one for being AWOL for 5 days, failure
to remain in uniform and using a personal vehicle when he was not supposed to. The second one for failure
to obey an order by wrongfully failing to return to and remain in his quarter’s from 2300 to 0400. Also, he
received four Letter’s of Reprimand for violation of squadron policies and instructions by an NCO, making
a false official statement, smoking in his room, and failure to report for physical conditioning, having an
unsecured locker, failure to return to his dorm room after a weekend, sleeping in room while being absent
for physical conditioning, and failure to obey an order or regulation. The Board reviewed the record and
concluded the conduct for which the applicant was discharged was a significant departure from the conduct
expected of all military members. This conduct was sufficiently egregious to characterize applicant’s
service as under honorable conditions (general). The Board found no evidence of impropriety or inequity in
this case on which to base an upgrade of discharge. The Board concluded the misconduct of the applicant
appropriately characterized his term of service.

 
     
  
   
  
  

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
FD2002-0295
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 98/01/23 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, Change Reason for Discharge, and Upgrade to Reentry Code.

2. BACKGROUND:

a. DOB: 78/06/26, Enlmt Age: 18 11/12. Disch Age: 19 6/12. Educ: HS DIPL
AFOT: N/A. A-61, E-94, G-84, M-87. PAFSC: 2A616 - Aircraft Electrical &
Environmental Systems Helper. DAS: 97/08/04.

b. Prior Sv: (1) AFRes 97/06/13 - 97/06/17 (5 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 97/06/18 for 4 yre. Svd: 0 Yrs 7 Mos 6 Das, of which AMS is
7 Mos 2 Das (Ex: 4 Das lost time).

b, Grade Status: None.
ec. Time Lost: 25 Dec 97 - 28 Dec 97 (4 Days)

d. Art 15’s: (1) 98/01/12, Sheppard AFB, Tx - Article 86. You did, on
or about 25 Dec 97, without authority, absent yourself
from your place of duty at which you were required to
be, to wit: 364°" Training Squadron, located at
Sheppard Air Force Base, Texas, and did remain so
absent until you returned on or about 29 Dec 97.
Article 92. You did, from on or about 25 Dec 97 to on
or about 29 Dec 97, fail to obey a lawful general
instruction, to wit: Sheppard Air Force Base
Instruction 36-2902, dated 15 Oct 97, paragraph 5.2.2,
by wrongfully failing to remain in proper military
uniform. You did, from on or about 25 Dec 97 to on or
about 29 Dec 97, fail to obey a lawful general
instruction, to wit: Sheppard Air Force Base
Instruction 36-2902, dated 15 Oct 97, paragraph 5.2.3,
by wrongfully using a Privately Owned Vehicle.
Forfeiture of $463.00 pay per month for 2 months with
that portion in excess of forfeiture of $231.00 pay per
month for 2 months suspended, 45 days extra duty, and
restriction to base for 45 days. (No appeal) (No
mitigation)

(2) 97/12/18, Sheppard AFB, TX - Article 92. You, having
knowledge of a lawful order issued by Colonel ------~- '
FD2002-0295

to wit: paragraph 6.3.3, Sheppard Air Force Base
Instruction 36-2902, dated 25 Sep 96, an order which it
was your duty to obey, did, on divers occasions from on
or about 27 Nov 97 to on or about 30 Nov 97 fail to
obey the same by wrongfully failing to return to and
remain in your quarters from 2300 to 0400. Forfeiture
of $450.00 pay per month for two months, restriction to
base for 45 days, and 45 days extra duty. (No appeal)
(No mitigation)

e, Additional: LOR, 5 JAN 98 - Violation of squadron policies and
instructions by an NCO.

LOR, 5 JAN 98 - Making a false official statement.

AETC FM 341, 19 Dec 97 -~ Absent from dormitory room

and no 341 on door.

LOR, 10 DEC 97 - Smoking in room.

AETC FM, 9 Dec 97 - Smoking in room.

AETC FORM 341, 29 NOV 97 - Absent from building.

LOR, 29 OCT 97 - Failure to report for physical
conditioning, unsecured locker, smoking
in dormitory room, failure to return to
dormitory room after weekend, making a
false official statement, sleeping in
dormitory room while absent for physical
conditioning, and failure to obey an
order or regulation.

RIC, 22 AUG 97 - Absent from physical conditioning

AETC FM 341, 18 Aug 97 - Absent from physical conditioning.

£. CM: None. .
g. Record of SV: None.

(Discharged from Sheppard AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (0) Yrs (7) Mos (7) Das
TAMS: (0) Yrs (7) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/21.
(Change Discharge to Honorable, Change Reason for Discharge, and Upgrade
Reentry Code)

Issue 1: I feel that my discharge was improper due to the aid I gave to the
Air Force 0.S.I. pertaining to airmen using illegal drugs while in the military.

Issue 2: I feel that my discharge was improper due to my outstanding
academic achievement while in A.I.T.

Issue 3: I feel that if given a second chance that I can make it up to my
country and myself for the mistakes I've made in the past.
FD2002-0295

ATCH
None.

02/10/09/er
FO2802. ~
DEPARTMENT OF THE AIRFORCE ODP S

AIR FORCE RECRUITING SERVICE (AETC)

 

21 Jan 98
MEMORANDUM FOR 782 TRG/CC

FROM: 82 TRW/JAC

SUBJECT: Legal Review, Recommendation for Discharge - pin
364 TRS ,

1. We have reviewed this discharge case file and find it to be legally sufficient to support discharge. We

“recommend that you direct that the respondent be separated with a general discharge in accordance with
AFI 36-3208, paragraph 5.49 (minor disciplinary infractions), without further opportunities for probation
and rehabilitation,

2, The basis for this action is the squadron commander's administrative determination that the
respondent has committed a series of minor disciplinary infractions. Specifically, the respondent wore
civilian clothing outside while in Phase I on two occasions, absented himself from his place of duty,
wrongfully failed to remain in proper military uniform, wrongfully used a privately owned vehicle on
two occasions, failed to return and remain in his quarters on divers occasions, used tobacco products in
his dormitory room on two occasions, failed to report to his appointed place of duty on two occasions,
failed to temain on Sheppard AFB, failed to maintain his dormitory room in inspection order at all times,
’ and failed to report to physical conditioning. The respondent received two Article 15s, four Letters of
Reprimand, and one Record of Individual Counseling as a result of his misconduct. The basis for
dischargé is supported by a preponderance of evidence in the case file.

3. The respondent is 19 years old, began his enlistment on 18 Jun 97, and was assigned to his unit on

4 Aug 97. His academic test scores are above average. The respondent is entitled to wear the Air Force
Training Ribbon. He has waived his right to consult counsel and has waived his right to submit
statements for your consideration.

4. We note no administrative errors of legal significance, and we concur with the squadron commander’ s
recommendation for a general discharge in this case.

5, If you-have any questions regarding this matter, please contacting 2:

ext 6-7184.

  
   

Deputy Staff Judge Advocate

Attachment:
Case File
£D2002-O295
DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

(1 6 JAN 1998

 

64 TRS

FROM: 364 TRS/CC

511 9TH AVE STE 1
SHEPPARD AFB TX: 76311-2338

SUBJECT: Notification Memorandum

1. Iam 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, 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, at or near Sheppard Air Force Base, Texas, on or about 2 Jan 98, violate a
lawful general instruction, to wit: Sheppard AFB Instruction 36-2901, paragraph 5.2.2, by

wearing civilian clothing outside while in Phase I. For this misconduct you received an LOR
on 5 Jan 98.

b. You did, at or near Sheppard Air Force Base, Texas, on or about 31 Dec 97, violate a
lawful general instruction, to wit: Sheppard AFB Instruction 36-2902, paragraph 2.1.12 and
5.2.2, by smoking and wearing civilian clothing outside while in Phase I. For this misconduct you
received a Letter of Reprimand (LOR) on 5 Jan 98.

c. You did, on or about 25 Dec 97, without authority, absent yourself from your place of
duty at which you were required to be, to wit: 364" Training Squadron, located at Sheppard Air
Force Base, Texas and did remain so absent until on or about 29 Dec 97. For this misconduct and
subparagraph “d” and “e” below, you received Article 15 punishment on 12 Jan 98:

d. You did, from on or about 25 Dec 97 to on or about 29 Dec 97, at Sheppard Air Force
Base, Texas, fail to obey a lawful general instruction, to wit: Sheppard Air Force Base

~ Instruction 36-2902, dated 15 Oct 97, paragraph 5.2.2, by wrongfully failing to remain in proper
military uniform. : .
a | FP 2002 -O2E ES

3, You have the right to consult legal counsel. Military legal counsel has been obtained to assist

you. [have made an appointment for you to ee Area Defense Counsel,
at Bldg. 1638, Room 110 on /¢« 9f at ~¥e° 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 o%%\#— 77 unless you request and
received an extension for good cause shown. I will send them to the separation authority.

5. Ifyou 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 Dec 97 at 1000 hours.

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 use in the 364 TRS Commander’s Support Staff office.

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

    

Co ander |

   
  

364th Training Squadron
Attachments:
1. LOR, 5 Jan 98
2. LOR, 5 Jan 98
3. AF Form 3070, 12 Jan 98
4, Response to Article 15, 7 Jan 98
5. Memo, Sit 17 Dec 97
6. AF Form Mem 29 Dec 97
7. AETC Form 32, Gee 29 Dec 97
8

. AF Form 2098, 30 Dec 97
9. AF Form 2098, 30 Dec 97
10. RPSC Rip, 6 Jan 98
11. AF Form 3070, 18 Dec 97

  
   
  

15. AF Form 1168, 3 Dec 97,4

16. AF Corm 1168, 2 Dec 97;qmag

17. AF Form 1168, 2 Dec 97, Zar
18. AF Form 1168, 2 Dec 97, Ja