AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

« | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) | GRADE AFSN/SSAN
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TYPE GEN PERSONAL APPEARANCE - xX RECORD REVIEW

 

 

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4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
 

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A93,31 ORDER APPOINTING THE BOARD

A93.15 APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE

 

 

HEARING DATE CaSE NUMBER

14 Apr 2004 FD-2002-0348

 

 

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.

    

 

SAF/MRBR : SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

183$ COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 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 FD-2002-0348

GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at Fort
Gillem, Georgia, in April 2004, but failed to respond to formal notification of the hearing date and did not

request a postponement.

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 nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

Issues 2 and 3. Applicant contends he was treated unfairly and disciplined due to his ethnic and sexual
background. The records indicated the applicant was discharged for conduct prejudicial to good order and
discipline after receiving two Articles 15, a vacation of suspended punishment, an Unfavorable Information
File, and a referral “1” Enlisted Performance Report documenting misconduct. His infractions included
wearing an earring on a military installation, two incidents of underage drinking, and driving while under the
influence of alcohol. Applicant’s two EPRs both documented his poor judgment, apparent inability to adapt
to military life, and lack of improvement after counseling. At the time of the discharge, applicant consulted
counsel and submitted a statement requesting retention, or in the alternative, an honorable discharge. The
DRB was unable to find merit in applicant’s claim of ethnic or sexual bias against him, and opined that
through the unit’s multiple administrative actions, the applicant had ample opportunity to change his
negative behavior. The Board concluded the misconduct was a significant departure from conduct expected
of all military members and the characterization of the discharge received by the applicant was appropriate.

Issues 1 and 4. Applicant infers his discharge was too harsh because it was based on an isolated incident and
he was not given a chance to prove himself in the work section. However, the record indicates the discharge
was based on repeat misconduct and no inequity or impropriety in his discharge was found in the records
review. The Board concluded the discharge was appropriate for the reasons which were its basis and
applicant’s misconduct appropriately characterized his term of service.

If he can provide additional documented information to substantiate an issue, the applicant should consider
exercising his right to make a personal appearance before the Board. If he should choose to exercise this
right, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any
exemplary post-service accomplishments as well as any contributions to the community.

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
FD2002-0348

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

(Former AB) {HGH A1C)}

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 22 Feh 02 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 1 Jul 81. Enlmt Age: 27 g/12. Disch Age: 20 7/12. Educ: HS DIPL.
AFOT: N/A. A-34, E-60, G-72, M-51. PAFSC: 4N051 - Medical Service Journeyman .

DAS: 12 Jun OO.

b. Prior Sv: (1) AFRes 26 Mar 99 - 3 Nov 99 (7 Mos 8 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enid as AB 4 Nov 99 for 4 yrs. Svd: 2 Yrs 3 Mocs 19 Das, all AMS.

b. Grade Status: AB - 10 Jan 02 (Article 15, 10 Jan 62)
AMN - 23 Jul 01 (Vacation, Article 15, 10 Jan 02)
AlC - 4 Mar O1
AMN - Unknown

c. Time Lost: None.

d. Art 15’8s: {1} (Examiner’s Note: The Article 15, dated 10 Jan 02,
indicates the applicant violated Articles 111, 134, and
92 (two incidents). However, based on the legal
review, the Article 15 should have stated one
violation, Article 92, drinking under the age of 21
years on 23 Dec 01)

10 Jan 02, Travis AFB, CA - Article 92. You, who knew
of your duties, on or about 23 Dec 01, was 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 the grade of AB, forfeiture of
$300.00 pay per month for 2 months, and 30 days extra
duty. (Appeal denied) (No mitigation)

(2) 10 Jan 02, Vacation, Travis AFB, CA - Article 92. You,
who knew of your duties, on or about 17 Nov 01, was
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. Article 111. You, did, on or
FD2002-0348

about 17 Nov 01, at the Base Main Gate physically
contol a passenger car, while drunk. Article 134. You,
did, on or about 17 Nov 01, wrongfully possess a
certain instrument purporting to be a Florida State

identification card bearing the name ---------- you,
the said ----------- , then well knowing the same to
be false. Reduction to the grade of AMN. (No appeal)

(No mitigation)

(3) 23 Jul 01, Travis AFB, CA - Article 92 ~ You, did, on
or about 18 Jun 01, violate a lawful general
regulation, to wit: Table 2.5 of Air Force Regulation
36-2903, dated 8 Jun 98, by wrongfully wearing an
earring while on a military installation. Suspended
reduction to the grade of AMN, and forfeiture of
$100.00 pay per month for 2 months. (No appeal) (No
Mitigation)

e. Additional: None.
£F. CM: None.

g. Record of SV: 4 Nov 99 - 3 Jul O1 Travis AFB 3 (Initial}
4 Jul 01 - 10 Jan 02 Travis AFB 1 (Dir by HAF} REF

(Discharged from Travis AFB)
h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (10) Mos (27) Das
TAMS: (2) Yrs (3) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln {DD Fm 293) dtd 14 Aug 02.
(Change Discharge to Honorable}

Issue 1: I was given an article 15 for having an earring in my ear on my
off duty time at the gym. The offence was also my first time wearing an
earring.

Issue 2: I was treated unfairly and I was constantly given extra tasks off
duty. My Chief in the hospital also called me a Taliban.

Issue 3: My supervisor showed favortism {sic} to other female workers on
the floor.

Issue 4: I wasn't given a chance to excel in my work place.- I was always
being told I was slow.

ATCH ;
1. Applicant's Letter,

22 Nov 02/cr
“f6D2002- O24

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS GOTH AIR MOBILITY WING (AMC)

 

US ree one?

MEMORANDUM FOR 60 AMW/CC

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

SUBJECT: Legal Review of Administrative Discharge Under AFT 36-3208,
pO0th Surgical Operations Squadron

 

i. Introduction: This action is legally sufficient. On 7 Feb 02, the 60 MSGS/CC initiated
discharge action against AB ies (Respondent) pursuant to AFI 36-3208, paragraph 5.50.2, A
Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline, and recommended a
general service characterization without probation and rehabilitation. The 60 MDG/CC
concurred. This 20-year-old respondent has over 27 months of active duty service and a referral
EPR with an overall rating of “1.” He 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 12 Feb 02. After conferring with counsel,
Respondent submitted a statement seeking retention in the Air Force or an honorable service
characterization, if discharged. Respondent states that following his alcohol-related incident, he
has completed Substance Abuse classes and attended Alcoholics Anonymous (AA) meetings.
He states he has given up alcohol because he would like to stay in the Air Force until the
expiration of his term of service in November 2003 (Tab 3).

2. Basis for Discharge:

a. On or about 18 Jun 01, Respondent violated AFI 36-2903, Table 2.5, dated 8 Jun 98, a
lawful general regulation, by wrongfully wearing an earring while on a military installation, in
violation of Article 92, UCMJ. For this, he received an Article 15, dated 17 Jul 01, which was
placed in an unfavorable information file (UIF) on 23 Jul 01. Punishment consisted of a
suspended reduction to the grade of airman and forfeiture of $100.00 pay per month for
2 months.

b. Qn or about 17 Nov 01, Respondent was derelict in the performance of his duties in that

he willfully failed to refrain from consuming or possessing alcohol until the age of 21 years, in
violation of Article 92, UCMI.

c. On or about 17 Nov 01, Respondent drove a passenger car, while drunk, in violation of
Article 111, UCMJ.
oy : 3 FO 2002 -O2 YF

d. On or about 17 Nov 01, Respondent, wrongfully possessed a false Florida State
Identification Card bearing the name of AMEE, in violation of Article 134,
UCMJ. For the misconduct described in paragraphs 2b through 2d, Respondent’s suspended
reduction to the grade of airman was vacated 10 Jan 02. The vacation action was placed in his
existing UIF.

  
 

e. On or about 23 Dec 01, Respondent was derelict in the performance of his duties in that
he willfully failed to refrain from consuming or possessing alcohol until the age of 21 years, in
violation of Article 92, UCMJ. For this, Respondent received an Article 15, dated 27 Dec 01,
which was placed in his existing UIF on 24 Jan 02. Punishment consisted of reduction to the
grade of airman basic, forfeiture of $300.00 pay per month for 2 months, and 30 days of extra
duty.

3. Appropriateness of Discharge: Airmen are subject to discharge when there is evidence of
one or more acts or patterns of misconduct. This includes conduct of a nature that tends to
disrupt order, discipline, or morale within the military community. It also usually involves
behavior that tends to cause dissent, disruption, or a deterioration of mission effectiveness.
Respondent’s misconduct, listed in paragraph 2, is of such a character and clearly warrants
discharge. If you are convinced, based on Respondent’s aforementioned behavior, there is a
basis for discharge, you may then look at his entire military record to decide whether it is
appropriate to discharge him at this time. Given Respondent’s pattern of misconduct, there are
sufficient grounds for discharge and, in light of his record as a whole, it is appropriate to do so at
this time.

 

4. Characterization of Service:

 

a. Pursuant to AFI 36-3208, table 1.3, discharges under paragraph 5.50.2 may be
characterized as honorable, general, or under other than honorable conditions (UOTHC). An
honorable characterization is reserved for those airmen whose service has met Air Force
standards of acceptable conduct and performance of duty, and whose service has been so
meritorious that any other characterization would be clearly inappropriate. While Respondent
asks that you consider granting him an honorable discharge, his record does not meet this
standard.

b. The 60 MSGS/CC recommended a general service characterization. I agree. A general
discharge is appropriate if an airman’s 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, instead, is appropriate when the grounds for
discharge are based on a member’s acts or omissions that significantly depart from conduct
expected of airmen. A general discharge is more appropriate here because there are significant
negative aspects in Respondent’s record that outweigh the positive aspects of his military career.
Over a 5-month period, Respondent received two Article 15s and a vacation (placed in UIF) for
misconduct. Additionally, he received a referral EPR. Given Respondent’s infractions and his
time in the Air Force, it is unlikely that a board of officers would recommend a UOTHC
, 3 FBree2 “OP UY £

discharge. Accordingly, | 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 AFT 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, UCMI, 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 had numerous chances to
correct his behavior, as reflected in the nonjudicial punishments he has received, and he has
failed to change despite these. Further, Respondent attended Substance Abuse classes and AA
meetings. Retaining Respondent, even in a probationary status, would most likely not produce

the desired results, but would be contrary to the maintenance of good order and discipline at
Travis AFB.

 

6. Options: As the Special Court-Martial Convening Authority, you may personally approve
or disapprove recommendations for any discharges processed by notification according to
chapter 6, section B, and resulting in a general discharge under section H. 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;

c. forward the case to the 15 AF/CC with a recommendation for an honorable discharge,
with or without P&R; 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.

7. Recommendation: Discharge Respondent with a general discharge, without P&R, by
signing the letter at Attachment 1,

    

Staff Judge Advocate _

Attachments:
1. Proposed Letter

2, Case File (ABD
.

F'O2002- OF Y ¢

we, 7 ey,

DEPARTMENT OF THE AIR FORCE
60TH SURGICAL OPERATIONS SQUADRON (AMC)

_

 

W FEB 2007

MEMORANDUM FOR AB QIN, 60 Miscs

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

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force pursuant to AFI 36-
3208, paragraph 5.50.2, Pattern of Misconduct, Conduct Prejudicial to Good Order and
Discipline. 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. On or about 18 Jun 01, you violated AFI 36-2903, Table 2.5, dated 8 Jun 98, a lawful
general regulation, by wrongfully wearing an earring while on a military installation, in violation
of Article 92, UCMJ. For this, you received an Article 15, dated 17 Jul 01, which was placed in
an unfavorable information file (UJF) on 23 Jul 01. Punishment consisted of, a suspended

reduction to the grade of airman and forfeiture of $100.00 pay per month for 2 months (Atch 1,
Tab 1).

b. On or about 17 Nov 01, you were derelict in the performance of your duties in that you
willfully failed to refrain from consuming or possessing alcohol until over the age of 21 years, in
violation of Article 92, UCM]J (Atch 2, Tab 1).

ce. On or about 17 Nov 01, you physically controlled a passenger car, while drunk, in
violation of Article 111, UCMJ (Atch 2, Tab 1).

d. On or about 17 Nov 01, you wrongfully possessed a false Florida State identification card
bearing the name of ei. in violation of Article 134, UCMJ. For the
misconduct described in paragraphs 2b through 2d, your suspended reduction to the grade of
airman was vacated 10 Jan 02. The vacation action was placed in your existing UIF (Atch 2,
Tab 1).

€. On or about 23 Dec 01, you were derelict in the performance of your duties in that you
willfully failed to refrain from consuming or possessing alcohol until over the age of 21 years, in
violation of Article 92, UCMJ. For this, you received an Article 15, dated 27 Dec 01, which was
. (LITO O2~ OF tf &

placed in your existing UIF on 24 Jan 02. Punishment consisted of reduction to the grade of
airman basic, forfeiture of $300.00 pay per month for 2 months, and 30 days of extra duty
(Atch3, Tab 1). So |:

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 0 tained to
assist you. I have made an appointment for you to speak with Captain ‘Area

Defense Counsel, 540 Airlift Drive, Bldg. 381, Suite D-100, Travis AFB, California,

94535-2479, DSN 837-4569; Commercial, (707) 424-4569, on € 2 On at fos .
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}

ja FER one , no later than /4/5 hours, unless you request and receive

an extension for good cause. | 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 11 je 02 at 1130. You
also have an appointment at the Internal Medicine Clinic on 11 JAC02 at 1500 to consult with

Dr. Cordero.

 

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.

 
   

WR Colonel, USAF, MC

 

Commander

Attachments:

1. AF Form 3070, 23 Jul 01 w/Atchs
2. AF Form 366, 10 Jan 02 w/Atchs
3. AF Form 10 Jan02 w/Atchs